Court : Allahabad
Decided on : Mar-10-1953
Reported in : AIR1953All580
..... in modern systems of medicine is also imparted. whether the standard reached by the gurukul kangri university is equivalent to that of indian universities conferring medical degrees is a question which is not relevant for our purposes. the bearing of these remarks will be evident later. we may also quote from ..... that he was registered as a medical practitioner by the medical council under section 13, u. p. medical act, 1917. on 19-12-1947 he was entitled to be so registered as he had a degree of the university of rome which was within the meaning of the indian medical act a royal university of italy.no ..... and surgery on presentation of the following documents:1. high school certificate from the residential university of gurukul at hardwar dated the 24th april 1924. 2. diploma certificate with examinations and marks obtained at the faculty of medicine at the same university, signed by vigishwar, secretary and vishwanath, vice-chancellor. ..... conduct in a professional respect:'the master of the rolls has adopted a definition which, with his assistance and that of my brother davey, i prepared. i will read it again: 'if it is shown that a medical man in the pursuit of his profession has done something with regard to ..... study at gurukul medical faculty as purely or even mainly confined to indigenous methods.we have referred on this point to the eminent authority of dr. chopra. we may say that mr. ramsay macdonald who was at one time the prime minister of england wrote in 1916 about gurukul in .....Tag this Judgment!
Court : Kerala
Decided on : Jan-19-1953
Reported in : 1953CriLJ1408
..... a circle inspector of police as authorized by government under section 42, travancore medical practitioners' act, 1119 (act 7 of 1119) for an alleged contravention of section 39(1) of the said act.2. section 39(1) of the act runs thus:no person other than a body or institution authorized under section 38 shall confer, grant or issue any degree, diploma, licence, certificate or other document which is identical with ..... or is a colourable imitation of any degree, diploma, license, certificate or ..... other document granted by a body or institution authorized under section 38.3. sub-section (2) of the section .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-27-1953
Reported in : AIR1954Cal305,57CWN962
..... , there was a minor defence too which required consideration at the hands of the jury for what it was worth. that defence was that the criminal acts of the first appellant were of a lesser degree of seriousness than alleged.i do not propose to discuss the essentials of a proper charge to the jury, for to do so in an appeal ..... about the medical aspect of the case. i also agree that it would have been better if the learned judge had put in a word of caution to the jury. but i do not think any prejudice was caused by the learned judge's omission to do so, as the jury perhaps had not the faintest notion of section 342(2) of the ..... could be ordered under that section in an appeal under s. 411a, because there was no court of competent jurisdiction subordinate to the appellate court, a retrial by which could be ordered. in support of his argument mr. banerjee referred to the decision in -- 'jnanendra nath v. nilmony dey' : air1939cal701 and -- 'debendra nath das v. bibudhendra' air 1916 cal 973 (x) where ..... it was held that a judge of the high court, sitting singly, was not subordinate to the appellate division or an appellate bench of the high court, those decisions are, to my mind, entirely beside the point, because what section 423 (1) clearly contemplates is a court which is .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-15-1953
Reported in : AIR1954Bom180; (1953)55BOMLR924; ILR1954Bom353; (1954)ILLJ614Bom
..... more than 10 persons and he was not employed in a clerical capacity. mr. petigara on behalf of the port trust has drawn our attention to the definition of 'manufacturing process' in the factories act. 'manufacturing process' is defined in section 2(g) of the factories act and the definition is that 'manufacturing process' means any process for (and that is the material part of the ..... time and circumstance..........'and mr. petigara says that in this particular case there is no accident which is identifiable in time and circumstance. that, in our opinion, is not the medical evidence. the accident which is clearly identifiable in time and circumstance is the strain caused upon the workman by his being on his legs or moving about during the time ..... which brought about the death of the workman, but it was his work also which helped in a material degree in bringing about his death. lord macnaghten at p. 249 says that the fact that the man's condition predisposed him to such an accident seems to him to be ..... together ........looking at it broadly, i say, andfree from over-nice conjectures, was it the disease that did it, or did the work he was doing help in any material degree?'if that is the correct principle, and with respect we say it is, then there cannot be the slightest doubt in this case that it was not the disease alone .....Tag this Judgment!
Court : Chennai
Decided on : Aug-10-1953
Reported in : AIR1954Mad316; (1953)IIMLJ689
..... the parties. he therefore held that the petitioner was entitled to the relief prayed for by her. the matter comes before us under section 17 of the act.2. the petitioner was represented by counsel, but the respondent appeared neither in person nor by advocate. as no direct authority on the question ..... respondent, the husband, was impotent at the time of the marriage and at the time of the institution of the suit. under section 19(1) of the act, a decree for nullity of marriage can be made on that ground. the petitioner alleged that the respondent's male organ was so ..... impotence which she alleged, namely, abnormal size of the organ. we have also the additional circumstance that the respondent refused to submit to a medical examination to substantiate his denial of the petitioner's allegation.4. impotency has been understood by judges in england in matrimonial cases as meaning incapacity ..... consummate the marriage. in the absence of any evidence to the contrary and having regard to the refusal of the respondent to submit to a medical examination, the learned district judge held that the petitioner had made out her allegation of impotence of the respondent. the learned district judge did ..... intercourse; it does not mean partial and imperfect intercourse; yet, i cannot go the length of saying that every degree of imperfection would deprive it of its essential character. there must be degrees difficult to deal with; but if so imperfect as scarcely to be natural, i should not hesitate to say .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-09-1953
..... by the circumstances of his induction. the petitioner had passed the ages liable to induction except under the universal military training and service act, 50 u.s.c. app. 454(i)(1)(a), which authorizes conscription of certain "medical and allied specialist categories." the statute sets up a priority system for calling such specialists, the first liable being those who received ..... the service demand. thus, neither in the language of the universal military training and service act nor of the army reorganization act referred to above is there any implication that all personnel inducted under the doctor's draft act and assigned page 345 u. s. 89 to the medical corps be either commissioned or discharged. petitioner, by his concessions on the hearing to ..... pp. 345 u. s. 87 -88. 2. it cannot be found that petitioner is entitled to a commission as a matter of law. pp. 345 u. s. 88 -92. (a) neither the universal military training and service act nor the army reorganization act requires that all personnel inducted under the doctors' draft act and assigned to the medical corps be either commissioned or discharged. pp ..... professional training at government expense during world war ii and who have served less than ninety days since completion of such training. as a doctor .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-08-1953
Reported in : AIR1954All570
..... or in certain of the details, but whether keeping in view the idea and general effect created by the original, there is such a degree of similarity as would lead one to say that the alleged infringement is a copy or reproduction of the original'.14. it was in ..... the implied consent of the first publisher, others interested in advancing the same art of science may commence where the prior author stopped. this includes medical and legal publications, in which the entire community has an interest, and which the authors are supposed to give forth, not only for their ..... practising in this court, has filed this suit purporting to be one under section 13, copyright act, 1914. the plaintiff alleges that he is the author and sole owner of the copyright in the work entitled 'the indian partnership act by mukerji and dutt'. this work, the plaintiff alleges, he published in ..... argument counsel for the defendants classified the alleged infringements into seven groups, (1) consisted of passages which had been taken verbatim from lindley on partnership, (2) passages which had been taken from other standard authors, (3) passages which had been taken from judgments reported in law reports, (4) passages which ..... it has had sales in the united states of america, in england and practically throughout this country. the plaintiff's case further is that defendant no. 2, namely, j.n. bagga, published a work entitled 'law book company's commentaries of law & practice of partnership & private companies in india' in .....Tag this Judgment!
Court : Chennai
Decided on : Feb-04-1953
Reported in : AIR1953Mad864; (1953)1MLJ536
..... adopted by the legislature and it does not purport to give in section 131 of the act an exhaustive definition of what is domestic consumption and use and what is not. the criticism levelled against the corresponding section in the metropolitan water board (charges) act in england, that it was drafted most slovenly and is an ..... example of an illdrafted provisions would equally apply to section 131 ot the district municipalities act. a definition of 'domestic purpose' was given by lord atkinson in -- 1914 ac 118 126 (b)' in these terms:'according to the ordinary ..... the board was entitled to charge for the water supplied only as for water supplied for 'domestic purposes'. earl loreburn pointed out that the , 'definition of 'domestic purposes' was not exhaustive and that it was couched in slovenly and inaccurate language. the supply of water in such a case could not ..... the appeal so far as the water was used by the doctor for his dispensary. i may add that to my mind no question of degree can enter in here, since the amount of water used by a doctor in a dispensary cannot in any case be very large. the other ..... to which the water is supplied and without reference to the persons who use it.11. an interesting case arose in -- (1933) 2. kb 769 (c)', which related to a medical practitioner, who utilised the water of the premises forthe purpose of cleaning and disinfecting his surgical instruments and diluting medicines. thecorporation, which .....Tag this Judgment!
Court : Chennai
Decided on : Jan-19-1953
Reported in : (1953)2MLJ28
..... misapplying, money entrusted to his care as a public servant, cannot be said to be acts done by him by virtue of the office that he held and as such sanction under section 2 70 (1) of the government of india act is not necessary for his prosecution for the offences committed by him. in neogy v. ..... no jurisdiction, and secondly, whether he did assault this complainant as alleged by him and which the complainant was prepared to prove by means of a medical certificate and otherwise and whether in the event of the complainant affirmatively and satisfactorily proving that the animals were being grazed in the private land and ..... venkatakrishna reddi : air1952mad667 the learned district magistrate to whose attention this decision was brought at a stage when it had been reported in the short notes section, would have done well to have applied to the high court for a copy of the decision instead of relying upon the decisions of other high ..... his capacity as a public servant and then claim, protection. in kadir sahib v. emperor (1916) 1 m.w.n. 384. coutts trotter, j. as he then was, pointed out that section 197, criminal procedure code, is intended to apply to those cases in which the offence is an offence which can be ..... : raghava mannadiar v. theyyunni mannadiar : air1947mad106 .7. this high court has laid down in a series of decisions as early as from 1916, that it is no part of the duty of an officer to lose his temper and abuse and assault or decother things far removed from .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-02-1953
Reported in : AIR1954Kant168; AIR1954Mys168; ILR1954KAR422
..... contrary, consistent with the contention about the lien being confined to the share loan account, the bank would have better reason in the absence of definite instructions to appropriate the amount towards the debt which was unsecured rather than the one which was secured.it may be mentioned that plaintiff attempted settlement only ..... overdraft account is secured by the attachment of the shares in execution of the decree.a tender to be effective must be, as required by section 38, contract act, unconditional and of the full amount due. prima facie both these are lacking in the cheque. the amount is admittedly short of what was ..... an option or obligation to receive the amount and distribute it between the debts in a manner which the debtor considers to be helpful to him. a view definitely against it has been expressed in --'hardingham v. alien', (1848) 136 er 1091 (c) with the head note 'a demands from b 11. 7s ..... and extracts of accounts relating to the transactions exhibited in the case, the only persons examined in the case are plaintiff and the superintendent of the loan section of the defendant bank. the lower court has on a consideration of these decreed the suit as prayed for awarding rs. 11,000/- as damages. ..... did not rely on the cases referred to in the judgment for supporting it as some of these were found to be either misquoted or misapplied.2. the plaintiff's right to the shares cannot be disputed as these stand in his name and the plaintiff cannot question the bank's claim .....Tag this Judgment!