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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1952 Page 1 of about 246 results (0.324 seconds)

Feb 04 1952 (HC)

Bijoy Ranjan Vs. B.C. Das Gupta, President, Governing Body, State Medi ...

Court : Kolkata

Decided on : Feb-04-1952

Reported in : AIR1953Cal289

..... functions as a body having the authority of the government. it appears that the state medical faculty has received statutory recognition and the power of conferring medical degrees or diplomas has been entrusted to this body by the indian medical degrees act (act 7 of 1916).9. in the case of -- 'in re g. a. natesan', 40 mad ..... , 54) were perhaps among the very few who according to the examiner did not fare as miserably as the other candidates, but there is no definite material before the court to show whom the examiner had in mind as falling within the exception.15. the decision of the governing body seems to ..... is, therefore, clear that the word 'person' in article 226 should be interpreted in the sense in which it has been used in section 3(39). general clauses act, 1897, which is as follows:' 'person' shall include any company or association or body of individuals whether incorporated or not.'8. thus, ..... but it appears that the learned counsel did not press this objection but ultimately waived it. it appears from the statute relating to this state medical faculty being clause 2 that the state medical faculty consists of -- (a) governing body, (b) fellows, (c) members and (d) licentiates, and it is stated by the ..... 25-7-1951 were of opinion that the answers of a large number of candidates were exactly similar and most of the answers in the 2 subjects of anatomy and physiology were verbatim copies of the language and other details of certain pages of grey's anatomy and chakravarti's ' .....

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Jan 11 1952 (HC)

HussaIn Ali Vs. the State of Hyderabad

Court : Andhra Pradesh

Decided on : Jan-11-1952

Reported in : 1952CriLJ1005

..... the complainant who having protested was beaten by the order of the accused. his lordship the chief justice while holding that under section 270 of the government of india act no sanction was necessary at page 27 approves the following test laid by sulaiman, j. in an earlier case:if the prosecution ..... we know that a judge is permitted to decide a case rightly or wrongly so long as he has jurisdiction. again the case of a medical officer picking the pocket of a patient whom he is examining is different from the facts of the case before me. if while examining the ..... , another accused in the case some cheque and the consent of the governor general was obtained for the prosecution of offences under section 161 and section 120b, read with section 420 of the inidan penal code. they were acquitted by the trial court; but on an appeal the acquittal was set aside ..... . the facts of the case can be briefly stated: the revision petitioner is a lorry driver employed by the government, and is being prosecuted for offences under sections 220 and 245 of the hyderabad penal code, which correspond to sections 279 & 304a of the indian penal ..... section 197 have been interpreted by the privy council in several recent cases and we thought it advisable, when hearing the petition in the division bench, to refer the case to the full bench in order that some of the authorities of our court may be examined in view of these observations of their lordships of the privy council.2 .....

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Feb 06 1952 (HC)

Sakuntala Bai Vs. Venkatakrishna Reddi, the Customs Inspector of Reddi ...

Court : Chennai

Decided on : Feb-06-1952

Reported in : AIR1952Mad667; (1952)1MLJ646

..... more we allow citizens to ventilate their just grievances the better. on this construction there is no question of failure to follow the procedure prescribed under section 198, sea customs act.8. 'point 2': then turning to section 197, criminal p.c., as i have pointed out above two contentions are advanced, viz'., that first of all this is an offence for which sanction ..... magistrate and numbered as c.c. no. 399 of 1950. i ma; point out were that the complainant sought to corroborate her case by a medical certificate also.4. the accused took a preliminary objection under section 197, criminal p.c.. and also under section 198, sea customs act. his case was that as inspector of customs attached to the central government appointed under ..... provide that only in the case of the higher ranks should the sanction of the local government to their prosecution be necessary.'in this decision 'abdul kadir sahib v. emperor, 1916 1 mad w n 384 and 'narayana v. emperor', 1934 mad w n 370, were dissented from. see also 'afzalpur rahman v. emperor .13. the order of the lower court ..... such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to set as a public servant in picking the pocket of a patient whom he is examining, though .....

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Jan 04 1952 (HC)

Rajeshwar Rao Vs. Bansidhar Rao

Court : Andhra Pradesh

Decided on : Jan-04-1952

Reported in : 1952CriLJ1299

..... in all cases of offences committed by public servants that such a sanction is necessary. emphasis is on the words in the section 'while acting or purporting to act in the discharge of his duty'. therefore in so far as the offences mentioned in this case are concerned two of the ..... case. in fact when this complaint was made before the magistrate the hyderabad criminal procedure code was in force and in my opinion as the provisions of section 201, hyderabad criminal procedure code affect the competence of the court to hear a complaint, the law applicable to the case at the time will apply. ..... to be in the discharge of his official duties and therefore the case could not go on unless the requisite sanction required by section 201, hyderabad criminal procedure code: section 197, indian criminal procedure code was obtained.the lower court dismissed the complaints holding that the pre-requisite of a sanction by the competent authority ..... another person while in the discharge of his duty or purporting to act as a government servant. just as it was observed by varadachariar j. in the case of horiram singh v. emperor 1939 fcr 159:if a medical officer while on duty in the hospital is alleged to have committed ..... offences would certainly go out of the purview of this section. they can not be regarded as offences committed in the discharge of one's duty. they are (i) insult and (ii .....

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Jan 07 1952 (HC)

The State Vs. the Editors and Publishers of Eastern Times and Prajatan ...

Court : Orissa

Decided on : Jan-07-1952

Reported in : AIR1952Ori318

..... is free to give evidence on his own behalf by means of an affidavit.12. in this connection, the definition of the word 'manager' in section 2(9) of the indian companies act, as well as begulations 71 and 82 in appendix 'a' to the said act have been brought to our notice and pressed into service. regulation 71 shows that 'the business of the ..... on a number of previous occasions and was therefore likely to be repeated and that it would consequently raise a serious problem, by way of the non-recognition of the medical degrees of the utkal university. it is necessary to emphasize in this context that the judgment has not in terms declared the students concerned to have passed. the concluding and operative ..... , it is stated to be that in view of the fact that the medical degrees of the utkal university have not yet been recognised by the other universities or by the medical council is still under consideration, the other . universities and the medical councjl of india might refuse to recognise the degree of the utbal university when students have been allowed to pass by the ..... a more direct and serious problem, namely, as to the value of the medical degrees of the utkal university abroad.4. it is insinuated that the particular students secured their passes by improper interference by the high court and it is asserted that the other universities and the medical council and the public are likely to prefer the verdict of the syndicate to .....

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Oct 06 1952 (HC)

Hagroo Ikaru Vs. State

Court : Mumbai

Decided on : Oct-06-1952

Reported in : 1953CriLJ1357

..... of unsound mind, then the accused has to prove that his unsoundness of mind was of a degree and nature to satisfy one of the knowledge tests laid down by the section, viz., that by reason thereof he was incapable of knowing the nature of his act or that he was doing what was either wrong or contrary to law. it is this ..... test which distinguishes legal from medical insanity.9. there is evidence on record to show that the accused was ..... with the scythe (article a).6. the only question for consideration is whether the appellant did the act while he was insane.7. in - kalicharan v. emperor air 1948 nag 20 (2)(a), it has been held as follows:there is a clear difference between medical insanity and legal insanity. it is only legal insanity which furnishes a ground for exemption from criminal ..... 1. the appellant hagroo son of ikaru, resident of mujbi, was convicted by the additional sessions judge, bhandara, under section 302 penal code, for the murder of his wife mst. baru on 17.1.1952, and sentenced to transportation for life.2. the accused is an old resident of village mujbi. the deceased was his wife. they were married when they were quite .....

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Dec 12 1952 (HC)

ittyavira Appran Vs. Mohammad Kunju and ors.

Court : Kerala

Decided on : Dec-12-1952

Reported in : 1953CriLJ966

..... 270 and throws no light on the present question.the reported decisions on the application of section 197, criminal p.c. are not by any means uniform. in most of them, the actual conclusion will ..... gwyer c.j. concurred has said as follows at page 55 of the report:as the consent of the governor, provided for in that section (section 270(1), government of india act, 1935) is a condition precedent to the institution of proceedings against a public servant, the necessity for such consent cannot be made to ..... factor, it does not seem to me right to make it the test. to take one illustration suggested in the course of the argument, if a medical officer, while on duty in the hospital is alleged to have committed rape on one of the patients or to have stolen a jewel from the patient ..... section 270(1) constitution act; we were accordingly referred by way of analogy to a number of rulings under section 197, criminal p.c. and one or two decisions under section 80, civil p.c. the judgment in - rai mahal panday v. maung po sein air 1938 rang 189 (h) dealt with a provision corresponding, to sub-section (2) of section ..... of alleged discharge of official duties to cause hurt of the kind and nature complained of in the present case. to resort to third degree methods even if it be to find out the truth, about an alleged offence is a thing which is prohibited for public servants and police officers. .....

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Dec 17 1952 (HC)

Kesave Seethamma Vs. Bombay Life Assurance Co. Ltd.

Court : Karnataka

Decided on : Dec-17-1952

Reported in : AIR1954Kant134; AIR1954Mys134

..... there has been such a fraud on the part of the insured as would vitiate his contract of insurance with the defendant company and that section 45 of the insurance act does not help the plaintiff. the decision of the lower appellate court is, therefore, correct. 14. in the result this appeal fails and ..... with a load of five years, he very much doubted whether his company would have accepted it. 'fraud' has been described in section 17 of the indian contract act as meaning and including the active concealment of a fact by one having knowledge of it with intent to deceive another party, or to ..... deliberate andfraudulent. the insured had been examined on11-8-1943 by an assistant surgeon on the government mcgan hospital, shimoga, holding anm.b.b.s. degree. while answering questions putby him to the insured, the insured has stated thathis father had died at the age of 48 years onaccount of chronic malaria ..... was fraudulent since it would amount to active concealment of a fact by one having knowledge or belief of the fact within the meaning of section 17 of of the contract act and that the company was therefore, entitled to repudiate the claim on the policy. 7. 'maneklal kalidas v. shivlal dayaram', air 1939 ..... relied on a case in -- 'joel v. law union and crown insurance co.', (1908) 2 kb 863 (a) where it has been held that the non-disclosure of certain facts in answer to questions put by the medical referee of the insurer were not, in the absence of fraud, sufficient to vitiate the contract of .....

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Nov 19 1952 (HC)

The State Through Ruppa Vs. Rakshpal Singh and anr.

Court : Allahabad

Decided on : Nov-19-1952

Reported in : AIR1953All520

..... were examined in his presence. this statement of the compounder clearly proved the injury report on the record; and the injury report having been proved it was admissible under section 32(2), evidence act. in my opinion, therefore, the learned magistrate was wrong in holding that the injury report had not been proved in accordance with law.8. learned counsel for the accused ..... his professional duty and he had noted injuries in the injury register maintained by him. the compounder stated before the court that the injury report had been prepared by the medical officer and it bore his signature; that he had brought the original injury report register, of which the injury report on the record was the carbon copy of the relevant ..... injury report the compounder, in whose presence the injury report had been drawn up, was examined. he stated that, the injury report had been drawn up and signed by the medical officer.the statement was made by him with reference to the original injury register, which he had brought with him and of which the injury report on the record was ..... , or in the discharge of professional duty; or of an acknowledgment written or signed by him.....' 7. in the present case, it cannot be disputed that the attendance of the medical officer, who had proceeded to england on long, leave, could not be procured without delay and expense, which, in the circumstances of the case, would have been unreasonable. the .....

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Mar 12 1952 (HC)

Nicholas Schinas Vs. Nemazie and anr.

Court : Kolkata

Decided on : Mar-12-1952

Reported in : AIR1952Cal859

..... so withholding it shall be recorded by him in writing. here again there is undoubtedly breach of this section. but for the same reason, as in the case of section. 43, that does not make the act of termination or discharge void.in sub-section (2) of section 119 the statute provides a specific penalty. it says if any person discharges a seaman in wilful disobedience ..... , 21 ind. app. 13 (p. c.) at p. 15 observes:'the phrase 'carry on business' as has been often said, is a very elastic one, and is almost incapable of definition. the tribunal must in each case look to the particular circumstances.'illustrative cases such as those reported in monindra chandra v. ghandy char an, 24 cal. w. n. 582 and ..... to their detriment. such protection covers such varied range as prohibition of unlawful deduction from stipulated wages, expenses of maintenance and of passage home when the services are terminated abroad, medical expenses caused by illness and there is also the immemorial and benevolent practice of the court administering maritime law that if there is a doubt about the seaman's contract ..... the ordinary law of contract remains applicable where it is not excluded expressly or impliedly by the maritime law. in the house of lords lord atkinson in horlock v. beal, (1916) 1 a. c. 486, expounds the law succinctly at pp. 495-96, in the following terms:'still his contract is a contract to. render his services for the achievement of .....

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