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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: recent Court: madhya pradesh Year: 1986 Page 1 of about 22 results (0.076 seconds)

Nov 27 1986 (HC)

Ambalal Vs. Anna and ors.

Court : Madhya Pradesh

Decided on : Nov-27-1986

Reported in : II(1987)ACC131

..... s c. 1331 it has been held that when sub-section (6) of section 96 of the act talks of avoiding liability in the manner provided by sub-section (2) it necessarily refers to the defences under sub-section (2) and it cannot be said that in enacting sub-section (2) the legislature was contemplating only those defences which were based ..... that in the instant case the owner and the driver of the truck having not contested the claim, the insurer, as provided under section 110-c(2-a) of the act, had a right to contest the claim on all or any of the grounds available to the insured and his driver.13. on ..... accident had occurred due to the negligence of the truck driver and awarded compensation in the sum of rs. 10,750/- inclusive of loss of pay and medical expenses. interest @ 6% p.a. has been awarded from the date of award.7. aggrieved by the award the claimant and the insurer both have ..... appeal no. 226 of 1984 (oriental fired: general insurance co. v. ambahl and ors.) which is by the insurer.2. this appeal under section 110-d of the motor vehicles act, 1939 (for short 'the act') is directed against the award dated 29-3-1984 made by the member, 1st additional motor accidents claims tribunal, indore ..... view the gravity of the injury, loss of enjoyment and degree of deprivation.22. the contention of the learned counsel for the appellant ambalal is that in the instant case according to the medical evidence, the shortning of leg is by 1/1-2 inch and the permanent disability is 17%. it has further .....

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Oct 20 1986 (HC)

Dr. R.P. Dhanda Vs. Bhurelal and anr.

Court : Madhya Pradesh

Decided on : Oct-20-1986

Reported in : 1987CriLJ1316

..... damaged as a consequence and is now being diagnosed as 'myopic'. the loss is seemingly irreparable. and this should occasion at the hands of a medical practitioner of your standing and repute is certainly an issue causing grave concern. the grievous hurt to the eye is caused by the operation. the operation ..... liability thereunder arises only when the offender does the act so rashly or negligently as to endanger human life or the personal safety of others and thereby grievous injury is caused. rashness and negligence for the purposes of the section must be of such a degree as to sustain a finding of criminal liability as ..... so as to give rise to criminal liability.18. in the instant case, the non-applicant bhurelal in addition to himself, has examined suresh (p. w. 2) an agriculturist and virendra singh (p. w. 3) who is engaged in soap business. their evidence shows that the non-applicant no. 1 had consulted ..... non-applicant bhurelal not being satisfied with the operations in which according to him the petitioner was involved, served him with a lawyer's notice dated 23-2-82 (vide ex. p/1). in para 6 thereof, it has been stated as under:my client's vision of the eye stands completely vitiated. ..... of the code of criminal procedure 1973 (for short 'the code') a direction has been issued to register a case under sections 338 and 420, ipc against the petitioner.2. circumstances giving rise to the petition are these. the non-applicant no. 1 bhurelal suffered from trouble, in his right eye. the .....

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Sep 30 1986 (HC)

Munnalal Vs. Sardar Kartar Singh and anr.

Court : Madhya Pradesh

Decided on : Sep-30-1986

Reported in : I(1987)ACC224

..... under the circumstances, this court would not be able to help the appellant while exercising its powers under section 30 of the act. even otherwise, the claim does not appear to be justified. discharge ticket from the medical college (ex. p 1) relates to one munnalal of aged about thirty years. no one unfortunately ..... he was also not entitled to any compensation. that is how the claim was dismissed and the matter is before this court.3. section 30 of the workmen's compensation act permits this court to entertain and decide an appeal only if it gives rise to a substantial question of law and not otherwise. ..... times by different persons, there appears to be no justification for holding that it was accidental omission. nothing prevented the appellant from examining someone from medical college, who could depose that the certificate related to munnalal, son of chhotelal. munnalal, son of chhotelal gave his evidence on 22-4 1981 ..... his truck no. mpj 9695 and suffered an accidental injury on 28-1-1980 as a result of which he get his cervical spine injured. he claims to have been admitted at the medical college, ..... g.c. gupta, j.1. this is an appeal under section 30 of workmen's compensation act challenging order dated 30-11-1981 passed by the commissioner for workmen's compensation, jabalpur in case no. 40 of 1980.2. appellant munnalal, son of rooplal claimed to be an employee of respondent no. 1 in .....

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Apr 11 1986 (HC)

Kailashchandra Vs. Harbans Singh Chabra and ors.

Court : Madhya Pradesh

Decided on : Apr-11-1986

Reported in : 1987CriLJ1423

..... 120b read with section 161, penal code cannot justify his act of receiving bribe as an act done by him by virtue of the office that he held.11. in the present case, it ..... said ventilator closed.3. on service of summons, the non-applicant harbans singh raised a preliminary objection as to want of sanction as required under section 197(1)(b) of the code against cognizance of offences being taken against, him. the learned trial magistrate sustained the objection and hence this ..... for action under the code in respect of offences under sections 448,219,219/109, 506 and 427/34,i.p.c. on the ground that the said harbans singh in collusion with the ..... , 1973 (for short 'the code') cognisance of offences cannot be taken against the non-applicant harbans singh chhabra, tahsildar badnawar, district dhar.2. the circumstances giving rise to the petition are these. the applicant filed a criminal complaint against the non-applicant harbans singh and three others ..... medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. the test may well be whether the public servant if challenged, can reasonably claim that what he does, he does in virtue of his office. a public servant charged with an offence under section .....

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Apr 08 1986 (HC)

Omkarlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Apr-08-1986

Reported in : 1987CriLJ1289

..... state of mind. the expression 'incapable of knowing the nature of the act' will include the incapacity to know the consequences of the act. what may be termed legal insanity under section 84 of the penal code, is not identical with medical insanity. a distinction must be made between insanity affecting the cognitive faculties of ..... such as rests upon a plaintiff or defendant who is required to prove an issue in a civil proceeding.8. therefore, all that section 105 of the evidence act means is that it is the duty of the accused to introduce such evidence as will displace the presumption of the absence of circumstances ..... accused bearing the burden of bringing the case within the statutory exception the prosecution is not absolved from the burden laid on it under section 102 of the evidence act.9. keeping the herein above noted settled principles in mind, on examination it is found that the defence has brought out certain facts ..... no knowledge about the facts asked. he also examined, to prove the factum of insanity, imrat singh solanki (d.w.i), gajanand sharma (d.w. 2) and radheshyam (d.w, 3) in his defence,5. the learned trial judge has held in the impugned judgment that the prosecution has proved its case ..... and delivering the judgment in court of criminal appeal in england:everyman is presumed to be same and to possess a sufficient degree of reason to be responsible for his acts unless the contrary is proved. to establish insanity it must be clearly proved that at the time of committing the .....

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Oct 29 1986 (HC)

Padmabai Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Oct-29-1986

Reported in : 1987CriLJ1573

..... the commission of suicide by mst. sunita, it may, at first, be observed that, considering the definition of 'abetment of a thing' as given in section 107 of the i.p.c. the scope of the offence under section 306 ibid for abetment of suicide is quite within a narrow compass. it would be evident on plain ..... at the relevant place where mst. sunita was found lying dead, with 100% burns over her body. in this connection, it is also argued that the medical evidence on record, as it is, does not clinchingly exclude the possibility of accidental death. as regards the admissibility of the particular letters exs. p-4 to ..... . there is further incidental evidence to show the cordial relations between the deceased mst. sunita and her mother-in-law viz, the appellant-accused p.w. 2 girdharilal and p.w. 7 hariram who live in the same locality where the house of the deceased's in-laws was situate at ujjain, have, both ..... w. 5 hiranand also shows enough embellishments since the material facts deposed to by him are not found to be stated in his earlier statement (ex.d-2). the same is true with regard to the oral testimonies of p.w. 8 shyamsunder and p.w. 9 harish chandwani. mst. sunita is found to ..... words connote different meanings, are, no doubt, some of the acts, which may constitute as 'abetment' for commission of suicide. but all such acts or any of them have to be positive and potent in the nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide.14. .....

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Oct 03 1986 (HC)

Nihal Singh Vs. Ram Bai

Court : Madhya Pradesh

Decided on : Oct-03-1986

Reported in : AIR1987MP126

..... to mean 'commerce; trade; sale or exchange of merchandise; bills, money, and the like'. thus, sale of any human being, man or woman, would definitely be 'traffic' in human beings which is constitutionally prohibited vide article 23. though such a transaction, when it takes place in respect of a woman, is ..... of madras, nagpur and lahore and has cited two more decisions. before i proceed to look at those decisions, i would extract below section 65 of the contract act, because judicial opinion on the interpretation of the provision is equivocal and not unanimous :'65. obligation of person who has received advantage under ..... the defendant had obtained rs. 4,000/-from the plaintiff fraudulently on the condition of supplying a dangi woman for her son. but invoking section 65 of the act, the court of appeal below affirmed trial court's decree, albeit relying on the decisions reported in p. r. srinivasa aiyar, air 1918 ..... .14. reliance was placed by shri mishra on the decision in bhure, air 1920 nag 157(2) which evidently supports the view taken in ledu's case, (air 1916 cal 266) (supra), holding that section 65 has no application to a case of a contract which embodies a purpose known to both ..... unfortunately not illegal in terms of the immoral traffic act, violation of constitutional injunction contemplated under articles 21 and 23 would still be evident in such a case. even if the transaction is sanctioned by .....

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Sep 27 1986 (HC)

Ramjidas Vs. Laxmi Kumar and ors.

Court : Madhya Pradesh

Decided on : Sep-27-1986

Reported in : AIR1987MP78

..... in occupation of any premises on the condition of paying rent. indeed, the definition of the term 'tenant' of tripura act is in pari materia with section 2(i) of the m.p. act, 1961 in as much as the only category of persons who are excluded from the definition are stated in both acts in exactly same terms -- 'shall not include any person against whom any ..... , is entitled to invoke the aid of rule 36 of order 21, c.p.c. in virtue of statutory entitlement ensured under section 12(1)(a) and section 13(5), read with clauses (b) and (i) of section 2 of the said act. that being the position, the executing court in the instant case, evidently exceeded its jurisdiction in rejecting the objection of the revisionist ..... . indeed, the non-petitioner had become his 'landlord' on and from 18-5-1978, namely, the date when he became 'entitled', in terms of section 2(b) of the said act, to receive the renf from the revisionist, who was in actual occupation of the premises on that date, albeit without a contractual lease. i quoteaccordingly not only clause (b), but ..... and ordering his eviction on the basis of a decree not passed against him under section 12(1)(a) of m.p. act, 1961. the impugned order must, therefore, be .....

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Sep 16 1986 (HC)

Shyamrao Sadashiv Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Sep-16-1986

Reported in : 1990(0)MPLJ20

..... taken the prosecutrix to nagpur with the permission of her father janrao and no less, of her husband, with the specific purpose of getting her medically examined in the matter of illicit pregnancy, as was alleged to be doubted by the prosecutrix's husband ramesh.10. no doubt, the appellant- ..... and was equally suspecting that she had been pregnant from someone else. p.w.5 janrao had beseeched the appellant-accused to get the prosecutrix medically examined so that her husband's doubts could be set at rest. in view of this request to which the appellant-accused had very reluctantly ..... the appellant-accused took the defence that he had taken the prosecutrix from the house of her husband at village gangatwada to nagpur for getting her medically examined as to whether or not, she was illicitly pregnant. the appellant-accused claimed to have taken the prosecutrix with the consent of her parents ..... sentence. 'adequate and special reason' is the trial court's failure to totally ignore sub-section (3) of section 357 of the code of criminal procedure, 1973, as stands amended in this state by m. p. act no. 29/78, whereby, payment of separate compensation to the victims belonging to the scheduled ..... by itself, shows that the defence story regarding the appellant-accused having taken the prosecutrix to nagpur for getting her medically examined regarding her pregnancy is false to the core.12. d.w. 2 sheikh jumman is also found to be close friend of the appellant-accused since childhood. d.w. 3 rama .....

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Aug 08 1986 (HC)

Union of India (Uoi) Vs. Balwant Kaur and ors.

Court : Madhya Pradesh

Decided on : Aug-08-1986

Reported in : 2(1986)ACC525

..... amount of compensation to the tune of rs. 5000/-.13. the learned counsel for the claimant-respondents also submitted that no compensation has been given for medical expenses as also, the journey expenses nor any compensation has been paid in respect of loss of consort and in support of his submission he placed reliance ..... denied their liability. they also denied that the deceased sustained fracture in the said accident though they did not dispute that the deceased died in bombay on 4-2-77.6. the learned member of the tribunal after considering the evidence and material on record placed by the parties, came to the conclusion that on the ..... and that the deceased could have very easily served upto the period of superannuation. the claimants after making the necessary calculations put up a claim for rs. 2,88,000/-.5. the respondents in their written statement did not dispute the factum of accident, but they contended that the deceased had no business to accompany ..... in the civil hospital at shajapur, wherefrom for further treatment he was shifted to kota and ultimately to bombay where he died in the hospital on 4-2-1977.3. the claimant-respondents, who are the legal representatives of the deceased being his widow and children filed the present claim petition on an allegation ..... p.d. mulye, j.1. this appeal filed under section 110-d of the motor vehicles act is directed against an award dated 31-10-81 given by the member, motor accidents claims tribunal, shajapur, in claim case no. 9 of .....

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