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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1953 Page 3 of about 215 results (0.246 seconds)

Apr 09 1953 (HC)

Public Prosecutor Vs. K.G. Sivaswamy and anr

Court : Chennai

Decided on : Apr-09-1953

Reported in : AIR1954Mad249; (1953)2MLJ602

..... exceeding two hundred rupees,"the answer to the questions arising in this matter turns mainly on the construction to be placed on sub-section (2) of section 30 of the act.23. the first point that falls to be decided is whether gandhi maidan in this case is a public road or a public ..... -third is that there is no discussion in the judgment of mullick j. in which this expression of opinion occurs of the scope of sub-section (2) of section 30. finally, if i may say so with respect, the view expressed by the court fails to give effect to the words "on being ..... street or thoroughfare etc. i have had some opportunity of familiarising myself with -the technique of legislative drafting and employing the words actually occurring in sub-section (2) of section 30. i have no doubt that an ordinary draftsman would, if the intention had been that only the word "procession" should be qualified by ..... issued on 10-11-1915 in connection with the then ensuing mohurrum requiring persons taking out processions on certain routes to obtain a licence. in december 1916 a procession was taken out during the mohurrum without a licence. the person responsible for it was charged for disobedience of the order promulgated in ..... ' (m). evidently this construction is based on the terms of the provisions of the railway act in australia. so, that does not throw "much light on the point for decision in this case". i therefore feel that the definition of "thoroughfare" as given in that ruling is not of much help in this case. .....

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Jan 20 1953 (HC)

In Re: Ganapathia Pillai and anr.

Court : Chennai

Decided on : Jan-20-1953

Reported in : AIR1953Mad936

..... of 'good faith' and which are predominant in the positive definition enacted in the other acts of the legislature. the general clauses act. 1897, section 3(20) (now 22) which applies to all acts of the governor-general in council and regulations made after the commencement of the act (11-3-1897), on the contrary, says that a ..... (z4); -- 'maturam v. emperor', air 1924 lah 233 (z5); 'in re thimmakka', air 1942 mad 552 (z6) -- 'emperor v. aijaz husain, air 1916 all 53 (27); -- 'queen-empress v. gayga-ppa', 2 bom lr 541 (28); -- 'ah choung v. emperor', and 1932 rang. 21 (29) and -- 'mt. darkan v. emperor', air 1928 lah 827 (z10 ..... a major panchayat. p. w. 1, shanmugham, assistant inspector of labour, made a surprise inspection of this shop under the shops and establishments act on the night of 5-2-1951 (monday and a shandy day) at 10-30 p. m. according to his watch and at 9-20 p. m. according to ..... a), -- 'sheo suran v. mahomed fazil khan', 10 w. r. cr. 20 (b); -- 'emperor v. daya shankar', air 1926 oudh 398 (c); -- 'public prosecutor v. rajammal', 1911 2 mw. n. 479 (d); -- 'queen-empress v. subba naicker', 21 mad 249 (e); -- 'krishnaya v. emperor', 1937 m w. n. 569 (f); -- 'public prosetutor v. suryanarayana ..... despatched a report to the sub-inspector, kulasekharapatnan. the police charge-sheeted both the accused. p. w. 1 is corroborated by his peon p. w. 2 and practically by the peon of the udangudi panchayat board office, p. w. 3. p. w. 4 is the sub-inspector who received the telegram and .....

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Dec 08 1953 (HC)

Ram Nath Diwanchand Vs. Delhi Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Dec-08-1953

Reported in : AIR1954P& H143

..... sections of the act with regard to which the medical officer of health can exercise the powers of the committee, the sections listed do not include section 121. it was therefore necessary for the licence of the petitioner to be withheld in this case by a resolution of the municipal committee itself, and that too on the grounds contained in sub-section (2) of section ..... as an offensive trade is entirely within the discretion of the committee. the granting of these licences is covered by section 121, punjab municipal act as extended to delhi and sub-section 2 reads: 'the licence shall not be withheld unless the committee consider that the business which it is intended to ..... committee, which passed a resolution on the 12th of may that the petitioner's licence should be sanctioned up to 31-12-1952 with the definite instruction that it would not be renewed, thereafter for night work. this resolution of the sanitation sub-committee was approved by a special meeting ..... 3. briefly the case of the municipal committee is that his night licence was only renewed up to the end of 1952 on the definite condition that it would not be renewed thereafter for the running of the electric motor at night in pursuance of a resolution of the municipal ..... power electric motor, night load, licence up to 31-12-1952 with a definite instruction that his licence would not be renewed after that date if the night load were not converted into a day load. 2. in january 1953 he was informed that as he had not been able to .....

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Jan 30 1953 (HC)

K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa

Court : Orissa

Decided on : Jan-30-1953

Reported in : AIR1953Ori185

..... and that the word 'land' does not include houses or other buildings standing thereon. it is true that these definitions do not apply to the ex-madras area of the orissa state. it may also be noticed that under section 2, madras revenue recovery act, 2 of 1864, the land, the 'buildings' upon it and its products, are regarded as security for public revenue ..... as it relates to such buildings when taken with the saving provisions of section 6, and is also the clear implication of section 26(2)(iii) and section 27(l)(d) relating to compensation therefor. the result, however, of section 6(1) taken with the definition of the word 'homestead' in section 2(i) and with section 6(3) appears to be that, 'in addition', the following ..... he continues to be in direct possession through his temporary tenants. to strengthen this argument, the definition of the word 'intermediary' as given in the orissa estates abolition act itself has bee,n referred to. in the said act, the word 'intermediary' is defined in clause (h) of section 2 as follows:' 'intermediary' with reference to any estate means, a proprietor, sub-proprietor, landlord ..... or refund. on the whole, however, i am inclined to think that there may well be different degrees of unfair and inequitable rates and circumstances relating to the prevalence thereof, which may furnish a proper guidance for the exercise of the power under section 177(2) without the same becoming arbitrary or discriminatory. i would, therefore, hold that the two impugned .....

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Feb 27 1953 (SC)

Namdeo Lokman Lodhi Vs. Narmadabai and ors.

Court : Supreme Court of India

Decided on : Feb-27-1953

Reported in : AIR1953SC228; (1953)55BOMLR517; (1953)IMLJ715(SC); [1953]4SCR1009

..... executed in the year 1870. it was however strongly argued that the amendment made in 1929 to section 111(g) of the act embodies a principle of justice, equity and good conscience and notwithstanding section 2 of the act, that principle was applicable in this case and there can be no forfeiture unless notice in writing ..... present lease and it is also excluded from the reach of the transfer of property act by the provisions of section 2. the position was not seriously disputed in the high court or before us that the statutory provisions of section 111(g) as such cannot be made to govern the present lease which was ..... of the house of lords in hyman v. rose [1912] a.c. 623.. relief was claimed in that case under the provisions of section 14(2) of the conveyancing act, 1881, against forfeiture for breaches of covenant in the lease. the appellants offered as the terms on which relief should be granted to ..... landlord has been put should be weighed against the tenant. this was the view taken by the madras high court in appaya shetty v. mohammad beari (1916) i.l.r. 39 mad. 834., and the matter was discussed at some length. we agree with the ratio of that decision. it is a ..... rent or other consideration on the other. the statute has given a more comprehensive definition of the term. section 107 makes registration of a lease compulsory. this section again does not concern itself with any principle of justice or equity. section 108(j) enacts that the lessee may transfer absolutely by way of mortgage or .....

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Jan 30 1953 (SC)

Keshav Mills Ltd. Vs. Commissioner of Income-tax, Bombay

Court : Supreme Court of India

Decided on : Jan-30-1953

Reported in : AIR1953SC187; (1953)55BOMLR503; [1953]23ITR230(SC); [1953]4SCR950

..... to be received', and instances of such statutory receipts are to be found in the provisions of the act, e.g., section 18(4), section 58(e), section 58(j)(3), section 7(2), section 16(1)(c) and sections 19(2)(vii) and 16(2). (see the observations of beaumont c.j. in commissioner of income-tax, bombay v. new india ..... the computation of the total income of the assessee and is compulsory on the income-tax authorities as well when computing the total income (vide section 2(15)) does not lay down any exemption from liability. it only sets up a made of computation of the income which is liable to ..... remittance or transmission of the amount to another place does not result in 'receipt', within the meaning of this clause, at the other place. this was definitely established by the privy council in pondicherry railway co. v. commissioner of income tax [1931] 58 i.a. 239. and in commissioner of income-tax ..... . 'total income' is defined in section 2(15). it means (not 'includes' but means) the total amounts of income, profits and gains 'referred to in sub-section (1) of section 4 computed in the manner laid down in this act.' therefore, the computation of all income referred to in section 4(1) has to be 'in ..... the time when these payments were made by the merchants to them. 20. mr. kolah pressed into service the argument based on section 13 of the act that the mercantile system of accounting regularly adopted by the assessee was obligatory on the income-tax authorities for computation of his income. .....

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Jul 08 1953 (HC)

Rafiq Khan and anr. Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Decided on : Jul-08-1953

Reported in : AIR1954All3

..... by rafiq ar.d shafiq for a writ of certiorari quashing the order of the sub-divisional magistrate on the ground that it was against the provisions of section 85, panchayat raj act. this section provides that a sub-divisional magistrate may fcr reasons to be recorded in writing either cancel the jurisdiction of the panchayati adalat with regard to any suit, case ..... order passed by a panchayati adalat could not be interfered with in any other manner except as provided in section 85.3. in this case the panchayati adalat had convicted the applicants and two other persons for offences under section 24, cattle trespass act and section 323, penal code and had fined each of them rs. 20/- for both the offences. a revision was ..... , 447 and 426, i. p. c. they all were convicted under each of these sections and were sentenced to fine. against this order a revision was filed before the sub-divisional magistrateof puranpur under section 85, panchayat raj act. the learned sub-divisional magistrate quashed the conviction of one of them, namely, abdul hafiz khan and in respect of the other two accused ..... or proceeding, or quash any decree or order passed by the panchayati adalat at any stage.2. it has been argued on behalf of the applicants that the learned sub .....

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Jun 01 1953 (HC)

Uttam Singh Vs. Kartar Singh and ors.

Court : Punjab and Haryana

Decided on : Jun-01-1953

Reported in : AIR1954P& H55

..... governing bodyof the tribe. the same consideration may be said to exist, though in a still more limited degree, among nearly all agricultural communities in the north of india.' 26. section 4 of the act defines the right of pre-emption as the right of a person to acquire agricultural land or village immovable ..... the vast majority of the people are governed by the agnatic theory of succession. in this connection section 5, punjab laws act. 1872 and the provisions of punjab act 2 of 1920 may be seen. 22. section 6 of punjab act 2 of 1920 enacts that a person who is descended from the great-great-grandfather of the person ..... of pre-emption and khosla j. at p. 21 enumerated them as follows: '(1) to preserve the integrity of the village and the village community. (2) to implement the agnatic theory of law. (3) to avoid fragmentation of holdings. (4) to reduce the chances of litigation and friction and to promote ..... land on the grounds (1) that the plaintiff was proprietor in the village with a share in 'shamilat' which the defendants vendees were not, and (2) that he was a co-sharer in the khatas and that his land was adjacent to the land sold. 42. an objection was taken by the ..... convenience. 28. from what i have said above, it is plain that the objects underlying sections 15 and 16 of the act may be briefly enumerated as follows: (1) to preserve the integrity of the village and the village community; (2) to avoid fragmentation of holdings; (3) to implement the agnatic theory of the law of .....

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Nov 16 1953 (HC)

Ram Richhapal Vs. the State

Court : Punjab and Haryana

Decided on : Nov-16-1953

Reported in : AIR1954P& H97

..... in that case -- '14 bom 260 (fb) (b)', was not cited. again, by act xv of 1941, the words 'or to effect the provisions of section 27 of that act' were added in sub-section (2) of section 162 of the code of criminal procedure, hereinafter referred to as the code. indeed, before the ..... amendment of section 162(2) of the code by act xv of 1941 section 162(2) of the code had already been amended to the same effect by u. p. act ix of 1940, n. w. f. p. act viii of 1940, punjab act ii ..... of 1940 and bombay act ..... though the accused had himself produced the stolen articles, so much of his anterior statements as led to the discovery were admissible under section 27 of the evidence act, -- 'queen-empress v. nana', (b), is referred to in this case.12. the punjab chief court and the ..... lahore high court have taken exactly the same view in a number of cases. the first of these cited before us, is -- 'isher singh v. emperor', air 1916 .....

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Feb 13 1953 (HC)

Salaried Employees Co-operative Housing Society Ltd. Vs. Registrar, Co ...

Court : Allahabad

Decided on : Feb-13-1953

Reported in : AIR1954All31

..... 115 of the rules is 'ultra vires' as it is not covered by section 43, sub-section (2), clause (1), co-operative societies act, 1912. we are not satisfied that the second contention has any force. section 43, sub-section (1) gives the state government right to make rules to carry out the ..... the generality of the foregoing power such rules may'. no doubt clause (l) of section 43, sub-section (2) does no deal with cases ..... purposes of the act for any registered society or class of such societies. sub-section (2) starts with the words 'in particular and without prejudice to ..... of disputes between two independent societies and is confined to cases of disputes between a society and its members or past members. but sub-section (1) is wide enough to include a dispute ..... salaried employees cooperative housing society ltd., mainpuri against the registrar, co-operative societies, uttar pradesh and the mainpuri co-operative housing society ltd., mainpuri.2. a piece of land was being acquired at the instance of the petitioner, the salaried employees co-operative housing society ltd. this land was .....

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