Court : Delhi
Decided on : Dec-19-1980
Reported in : 19(1981)DLT239; 1981RLR255
..... there was conception it is not to be assumed that it was the reault of proper intercourse. their lordships further look note of a passage from taylor's medical jurisprudence which reads :- 'a curious, though no. doubt legally correct, decision, was reached in a' case in 1950 in which a wife asked the ..... the petitioner. (8) the third point noticed by the trial court is that there is no other evidence besides the statement of the petitioner either medical or otherwise to show that the husband could not cause erection and perform sexual intercourse. in cases involving pyschic condition the only direct evidence available by ..... the husband-respondent moved an application to lead additional evidence on both the issues which was allowed and he summoned the record of all india institute of medical sciences where the petitioner was working. the record was produced and the statement made by the petitioner was found to be correct that she became pregnant ..... . (5) the second point taken specific note of by the trial court is that the wife .did not ask for the medical examination of the husband and the trial court was of the view that she is to be blamed for it. i do not think ..... of the additional district judge dismissing the petition under section 18 and 22 of the indian divorce act, 1969. the petition was tried and heard on the following issues:- 1. whether the respondent is impatent, as alleged in the petition? if so, to what effect opa 2. whether the respondent has treated the petitioner with .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-19-1980
Reported in : 53CompCas866(AP)
..... of the proceedings, the insurance company cannot avail itself of the provisions of s. 110c of the act. the only other section of which it can take benefit of is s. 96(2) of the act. as we have already noted that under s. 96(2) of the act, it is not open to the insurance company to oppose the claim on all and every ground ..... v. anantha : air1979kant1 , on the question of its retrospectivity. but, neither of these cases considered the present question whether s. 96(2) of the act limits the defences open to an insurer to hose grounds specified and enumerated in that section. these cases are, therefore, of no relevance to the present case. so is the judgment of a division bench of the madras ..... of the insurance company called 'insurer'. this section requires that the insurer under the aforesaid chapter of the act must insure the person or class of persons specified in the policy against any liability arising out of death or bodily injury by the use of the vehicle. but s. 95(2)(b)(ii)(4) of the act limits the liability of the insurer to each ..... this court to the statutory grounds mentioned in that section. it is admitted by mr. ugle and, in any case, i so find that the argument that his client was liable to pay only rs. 5,000 is not an argument which can be described as falling under s. 96(2) of the act. i am, therefore, unable to uphold the contention of .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-18-1980
Reported in : (1981)22GLR829
..... to the various transactions inasmuch as we find that there exists one transaction which is comparable from the view point of the relevant date of the notification under section 4 of the land acquisition act, namely, november 4, 1965. this transaction is reflected in sale-deed ex. 78. the transaction was recorded on september 22, 1964. the land belonging to the appellant ..... for this purpose.(5) the market value of land under acquisition has to be determined as on the critical date of publication of the notification under section 4 of the land acquisition act (dates of notifications under sections 6 and 9 are irrelevant).(6) the determination has to be made standing on the date line of valuation (date of publication of notification under ..... of a large tract of land belonging to parsi panchayat, surat, for the public purpose of constructing buildings for the gujarat housing board pursuant to a notification under section 4 of the land acquisition act, 1894 published on november 4, 1965. after reproducing, and we repeat, merely reproducing the oral and documentary evidence the learned trial judge has recorded his conclusion as ..... parsi panchayat was sold to surat electricity company. the land was comprised in section nos. 2 and 13 respectively admeasuring 18,997 sq. yds and 7,744 sq. yds. the land .....Tag this Judgment!
Court : Chennai
Decided on : Dec-17-1980
Reported in : 142ITR718(Mad)
..... religious purpose which does not ensure for the benefit of the public. the expression 'charitable purpose', however is the subject of definition in s. 2(15) of the act. there it has been defined to include relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying of any activity for profit. the ..... trust property either to religious or to charitable purposes, the fact that religious purposes are capable of being correctly and clearly understood will not set right the defect in the definition of the trust object, created by the inclusion of such vague phrases as 'cultural', 'social' and 'allied' purposes. 26. mr. ramamani urged that this manner of construing the charitable purposes ..... , can be regarded as rendering the income of the trust exigible to tax exemption. 15. as we earlier pointed out, s. 11 is the operative provision for tax exemption. the section refers to 'income derived from property held under trust wholly for charitable or religious purposes'. the expression 'religious purposes' is not, in terms, defined under the interpretation clauses of the ..... i.t. act. but an indication as to what it means is to be found in s. 13. section 13(1)(a) lays down that any part of the income from the property held under a trust for private religious purposes, which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-1980
Reported in : AIR1981SC796; (1981)1SCC561; 2SCR398; 1981(13)LC68(SC)
..... in complete agreement with these observations which were made in relation to sub-clause (ii) of clause (b) of sub-section (2) of section 18 of the act. the provisions of that sub-clause being in pari materia with sub-section (5) of section 17 of the act, they apply fully to that sub-section which must therefore be held to be violative of article 14 of the constitution ..... bombay allowing a petition under articles 226 and 227 of the constitution of india and declaring that sub-section (5) of section 17 of the maharashtra medical practitioners act, 1961 (hereinafter referred to as the act) is ultra vires of article 14 of the constitution of india.2. the facts are not in dispute and may be shortly stated. the respondent hails from uttar pradesh. in ..... 1940 he obtained the degree of 'ayurved shastri' from the all india adarsh vidwat parishad, kanpur, on november 12, 1940 ..... made to the committee of the medical board of unani system of medicine under sub-section (5) of section 17 of the act (although none of the clauses of that sub-section had anything to do with it) was rejected and his appeal filed to the board was also dismissed on september 30, 1964.3. clause (ii) of the said sub-section (5) with which we are .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-15-1980
..... the statute nor its legislative history warrants the interpretation that the court adopts. the starting point, of course, is the statute's definition of "disability." section 2(10) of the act, 33 u. s c. 902 (10), define "disability" as "incapacity because of injury to earn the wages which the ..... employee was receiving at the time of injury in the same or any other employment." as used in the act, therefore, "disability" is an economic concept, rather than a medical one. an injury is not compensable under the act ..... , n. 28 (1979). to this extent, the schedule is an exception to the principle that disability is an economic concept, rather than a medical one, but it is an exception that congress deliberately chose to make. in addressing the second of the "principal difficulties" presented by the then ..... the employees. employers give up the common law defenses of the fellow servant rule and assumption of risk. employees are assured hospital and medical care and subsistence during the convalescence period. in return for a fixed schedule of payments and a fixed amount in the event of the ..... the interest of justice, fix such wage-earning capacity as shall be reasonable, having due regard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-15-1980
..... fiscal year on october 1. this complex web of base salaries adjusted annually for civil service employees and again quadrennially for higher-rank positions has led to the following statutory definition of a united states district judge's compensation: "each judge of a district court of the united states shall receive a salary at an annual rate determined under ..... standards of 455. notwithstanding this concurrence of views resulting from the government's concession, the sensitivity of the issues leads us to address the applicability of 455 with the same degree of care and attention we would employ if the government asserted that the district court lacked jurisdiction or that 455 mandates disqualification of all judges and justices without exception. in ..... section 225 of the federal salary act of 1967 (2 u.s.c. 351-361), as adjusted by section 461 of this title." 28 u.s.c. 135. similarly phrased statutes apply to all other article iii judges. [ footnote ..... of tobacco. see generally l. gipson, the coming of the revolution, 1763-1775, pp. 454 (1954); scott, the constitutional aspects of the "parson's cause," 31 pol.sci.q. 558 (1916). although ultimately the tobacco statutes and the subsequent cases are more important as indications of early dissatisfaction with the crown, the widespread publicity surrounding them surely made the framers wary .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-03-1980
Reported in : 48STC1(AP)
..... , that was not a case where a deputy commissioner, in exercise of revisional jurisdiction under section 20(2) of the a.p. general sales tax act, had restored the assessment order having regard to the validation act. according to him, that was only a case where an assessment has been set aside ..... is : 'whether the assessments in dispute can be said to be subsisting by virtue of the provisions of the andhra pradesh general sales tax (amendment) act (act 9 of 1970) ?' [in pursuance of the abovesaid order of reference the cases came on for hearing before the full bench.] 3. the government ..... assessments which have been made by an assessing authority and assessments revived by a deputy commissioner in exercise of revisional jurisdiction because of the validation act and, as such, there should have been fresh assessments as held by the division bench. as the question raised is of importance, the ..... was struck down by this court in k. venkata ramana v. state of a.p. ( 24 s.t.c. 367), revisions by the deputy commissioner became validated by virtue of the provisions of act ..... and sought to be revived by a validation act. he distinguishes that case by stating that after section 11 of the a.p. general sales tax act .....Tag this Judgment!
Court : Orissa
Decided on : Dec-01-1980
Reported in : AIR1981Ori42; 51(1981)CLT87
..... with him for any sale deed. one narasingh panigrahi falsely represented to her that government would take possession of all the lands for the construction of the medical and engineering colleges as well as hospital and other quarters and it would be very difficult for the defendant to go to various offices and courts to ..... remained inside her house and did not meet the plaintiff. thus, it is to be held that the defendant never took the stand beforehand, nor she acted in any way to show that she repudiated the contract for its non-performance within two months and fifteen days. there is no evidence to show that ..... avoiding to perform her part of the contract. the plaintiff has claimed damages to a tune of rs. 6,000 and for execution of the sale deed.2. the case of the defendant is as follows:-- she has denied the receipt of an advance of rs. 500/- from the plaintiff and to have agreed ..... the house and avoided to talk to the plaintiff. as the plaintiff failed to contact the defendant, he sent another registered letter to the defendant on 11-2-67, but the said letter came back with the endorsement that the addressee refused to accept the letter. it is averred that the plaintiff has been ..... took an advance of rs. 500/-. in the agreement, it was stipulated that the defendant would get the land measured in presence of the plaintiff within 2 months and 15 days from the date of the agreement and execute and register a sale deed and deliver possession of the property to- the plaintiff within .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-21-1980
Reported in : 1983(12)ELT786(AP)
..... to be decided having regard to the averments of the firm is : whether bond paper is 'manufactured' within the meaning of section 3 of the act 1 of 1944 the 'process' adopted by the firm in producing bond paper is not in dispute. in the 'process' two materials are used ..... notwithstanding the decision on august 27, 1980 by the madras high court. the revenue contends duty is leviable under clause (2) of item 17 under the schedule of section 3 of the act. the levy is proper and legal. the levy does not suffer and vice whatever. 3. the first and foremost question ..... the word 'manufacture' occurs in many statutes including fiscal enactments. this word was considered by court times out of number. what its meaning under section 106 of the transfer of property act was considered in p. c. cheriyan v. mst. barfi devi (1) - 1979 e.l.t. (j 593). what is the meaning ..... the above process the questions at issue are : whether the process adopted is a manufacturing process whether on such bond paper duty under clause (2) of item 17 of the act can be levied? the counsel are agreed that the determination of the two issues decides the validity or otherwise of the impugned notification. 5 ..... character'and 'use' bond paper whether is dutiable under item 17(2) is to be determined in the instant writ petition. 6. the firm, it was argued by the revenue, have an alternative remedy under sections 35, 35(a) and 36 of the act. those remedies are not exhausted by the firm therefore should not .....Tag this Judgment!