Court : Allahabad
Decided on : Oct-19-1955
Reported in : AIR1956All181
..... further provided at p. 454 of the. municipal manual,it provides that any reduction in the pay of officer or servant of a board mentioned in sections 57, 67 or section 68, u. p. municipalities act, 1916 or for whom special rules laying down the conditions of appointment have been prescribed by the state govt., except when such reduction is resorted to as a ..... .section 71 of the act provides that a board may, by resolution, determine what servants are required for ..... writ or direction in the nature of certiorari quashing the order dated 31-3-1954 terminating the services of the applicant as the executive officer of the municipal board, agra.2. in the affidavit, filed in support of the petition, apart from the facts which i have already mentioned, it has also been stated that the secretary has, after the ..... present case, it cannot be said that the administrator exercised his powers under section 58, municipalities act. section 57 gives power to the board to appoint an executive officer by a special resolution. sub-section (3) of section 57 provides that the appointment, salaries and conditions of service of executive officers and medical officers of health shall be subject to the approval of the state government .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-29-1955
Reported in : AIR1956Cal90,1956CriLJ513,60CWN392
..... stated above.6. the object of the act as set out in the act itself is to control the publication of advertisememt relating to contraceptives and the medical treatment of certain diseases and disorders. section 3 of the act contains prohibition against issue of certain types of advertisements. sub-s. (2) of 8. 3 pre-vides,'no ..... the existence of circumstances bringing the case within the exception. in the present case, as i have indicated, clause (d) of section 6 is no part of section 3 of the act. consequently, the view taken by the learned magistrate must be held to be erroneous, viz., that it lay upon the accused ..... the previous sanction of the government of west bengal in the department or public health who are the appointed authority in that behalf under section g(c) of the act. evidence was adduced to prove that the petitioner was the printer and oublisher of the modern review, six copies of which were ..... the drugs act or the rules made thereunder.17. reference may be made to the case of 'anil kumar ghosh v. the state', air 1963 cal 408 (a), which dealt with a similar matter in which it was held that if any exception or proviso was attached to the definition of the offence ..... itself, the burden of proving the existence of circumstances bringing the case within the exception would' clearly be on the accused.18. there can be no doubt whatever that the charge against the petitioner was contravention of section 3 of the act and it related to .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-14-1955
Reported in : AIR1956Bom304
..... purposes of the prevent petition which were considered by the full bench were the definition of liquor and the prohibitions contained in chapt. iii, prohibition act. section 2, sub-section (24) of the act defines 'liquor' as 'inter alia' including 'all liquids consisting of or containing alcohol' and sections 12 to 17 of the act enact certain prohibitions regarding the manufacture, import, export, transport, sale, purchase, consumption ..... containing alco-hol which are unfit for use for beverage purpose & they are not included within the scope of the act; but the definition of 'liquor' which is given in section 1 (blackmore 'on prohibition', page 140) includes 'inter alia' medicated wines which are fit for use for beverage purposes and therefore requirement, in america when prohibition had been introduced in that ..... medical institution or a chemist or a pharmaceutical or drugs.' so the decision of the question is left to people who would be ..... that board havebeen prescribed by the bombay prohibition(board of experts) rules, 1954. every membermust have one of the following degrees. 'm. b. b. s; m. d; ph. d. (pharm.); b. sc. d. sc.; b. pharm; or an ayurvedic degree or diploma entitling him to practise as a medical pra-ctitioner or must have five years' experience as a teacher in any .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-17-1955
Reported in : AIR1956Bom129
..... to 323 days'. this view seems to coincide with the latest medical opinion and i am shown no authority that this medical opinion is not sound. if it is a case of 280 days, it is a clear case falling under section 112, evidence act. secondly, if the period of gestation is 296 days, then ..... a serious illness, that was not a sufficient reason for holding that the presumption which arose under section 112 evidence act could not be attracted. (his lordship discussed further evidence and proceeded:) 14-16. but defendant.2 has sought to give the evidence of one dr. vispute to show that she had given birth ..... concluded:) 20. we, therefore, hold on a consideration of the evidence adduced in the case that defendant 4 is the legitimate child of chanbasappa from defendant 2. 21. on that footing we have next to consider the question about the shares of the parties, the adoption of defendant 3 is valid, notwithstanding ..... any person as a son to her deceased husband and that the adoption, assuming that it had taken place, was invalid on the ground that defendant 2 was pregnant and, therefore, the plaintiff could not make a valid adoption of defendant 3. defendant 3, the adopted son, supported the plaintiff. defendant ..... side of defendant 2 not to be so examined. however, defendant 2 in support of her case relied upon the evidence of dr. vispute. dr. vispute is a medical practitioner of bijapur. she is only l.c.p.s., which, i apprehend, is a degree inferior to an m.b.b.s. degree. her knoweldge does .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-08-1955
Reported in : AIR1956SC66; 1956CriLJ156; 2SCR955
..... and limit the powers of certain courts in punishing contempt of courts was enacted which extended to the whole of india except the state of jammu and kashmir. in section 2 of the act, 'high court' was defined as meaning the high court for a part a state or a part b state and including the court of the judicial commissioner in a ..... of the term, an essential condition is that the court should have, apart from having some of the trappings of a judicial tribunal, power to give a decision or a definitive judgment which has finality and authoritativeness which are the essential tests of a judicial pronouncement. 22. it was, however, urged by shri purshottam tricamdas for the respondent that the word ..... . it would apply to assessment committees, boards of guardians, to the inns of court when considering the conduct of one of their members, to the general medical council when considering questions affecting the position of a medical man, and to all arbitrators. is it necessary, on grounds of public policy, that the doctrine of immunity should be carried as far as this ..... assessment committees, guardians committees, the court of referees constituted under the unemployment insurance acts to decide claims made on the insurance funds, the benchers of the inns of court when considering the conduct of one of their members, the general medical council, when considering questions affecting, the position of a medical man'. 28. we must, therefore, fall back upon the tests laid down .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-31-1955
Reported in : AIR1956SC44; 28ITR941(SC); (1956)IMLJ79(SC); 2SCR925
..... details of facts as narrated by the witnesses at the judicial inquiries, it is fairly clear that the assault and use of criminal force, etc. alleged against the accused are definitely related to the performance of their official duties. but taken along with them, it seems to us to be an obvious case for sanction. the injuries - a couple of abrasions ..... known as the s. jhabbarmull group (r.c. no. 313) and connected cases have been kept and are to be found in (i) the third floor, 17, kalakar street, calcutta (ii) 47, khengraputty street, calcutta-7, and (iii) the second floor and adjoining rooms, 36, armenian street, calcutta, compound, offices and out-houses or other places in that locality. this is ..... article 136 of the constitution against two orders of the calcutta high court dismissing criminal revision petitions nos. 559 of 1951 and 312 of 1952 preferred by the appellants respectively. 2. in criminal revision petition no. 559 of 1951, the high court (harries, c.j. and banerjee, j.) confirmed an order made by a presidency magistrate discharging the accused on the ..... elicited at the two judicial enquiries. there are two medical certificates specifying the injuries found on nandram agarwala and matajog dobey. 15. the minor contentions may be disposed of at the outset. even if there was anything sound and substantial in the constitutional point about the vires of section 5(1) of the act, we declined to go into it as it was .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-03-1955
Reported in : AIR1956Bom185; 1956CriLJ391
..... police station. they were produced before the presidency magistrate from 26th of february to 14th march.on the 14th march the magistrate was requested to discharge the accused as the medical report from the hospital showed that the injury caused to luis jacob was simple hurt. in the case against the jeanne mondon the accused was examined as a witness on ..... . the accused was, therefore, rightly convicted by the learned magistrate.6. as regards the sentence it seems to us something more than a coincidence that both the persons who had acted as panchas in the case against jeanne mondon were arrested at the same time on the night of 13/14th february on the charge of assaulting one luis jacob. both ..... . the judgment of the learned magistrate mr. nas-rulla shows that in arriving at his conclusions he relied to a great extent on the evidence of the accused who had acted as a panch in that case.subsequently it was brought to the notice of the learned magistrate that the answers given by the accused that he had never been arrested ..... ' rigorous imprisonment and a fine of rs. 201/- imposed upon him.2. the facts of the case briefly are that on 8-1-1955, one jeanne mondon was arrested by the colaba police for an offence under sections 5 and 6, prevention of prostitution act, 1923. the accused and one mohiddin mahomed acted as panches in that case. the case against jeanne mondon was .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-21-1955
Reported in : 1956CriLJ1320
..... challaned for misappropriating sums which he received from the constituents. the learned judges held that he could not be regarded as a public servant coming within the definition of section 21(10), i.p.c., because clause (10) stated that his duty was to take, receive and keep and expend any property ...for any ..... in order to arrive at a conclusion as to whether the appellants could be regarded as public servants within the definition of clause (7) sub-section (5) of section 5 of the asafia penal code corresponding to section 21(9) of the indian penal code to refer to-ex. 30 which is an agreement between the hyd ..... trial and as to whether the trial is vitiated or not or whether prejudice has been caused to the accused or not will depend on the degree of the error.in my opinion not putting a specific question with regard to the registers has not caused prejudice to the accused so as to ..... would be necessary. but if the act is not connected with the duties as an officer then sanction would not be necessary. applying the above test| to the facts of the case before me, in my opinion if appellants 1 and 2 are regarded as public servants within the definition of section 21, penal code, then sanction ..... of the federal court in hori ram singh v. emperor (a) where varadachariar j. put it succinctly by giving illustrations. his lordship observed:if a medical officer on duty of hospital is alleged to have raped one of the patients or to have stolen a jewel from the patients person, it is difficult .....Tag this Judgment!
Court : Orissa
Decided on : Aug-25-1955
Reported in : AIR1956Ori86; 1956CriLJ540
..... was also given in respect of the second accused. the question was whether the sanction for prosecuting the second accused under section 5(2), prevention of corruption act was sufficient to cover his prosecution under section 409, i.p.c.their lordships held that, it was not. bose j. delivering the judgment of the court quoted ..... alleged offence was committed.the learned judge held that the first group of cases laid down the correct view. the use of the expression 'while acting' in section 197, cr. p. c. lends support to this view.in other words it is not enough if it is merely established that the person ..... time in this court, an argument has been raised on behalf of the petitioner that the prosecution is bad inasmuch as no sanction had been obtained under section 197, cr. p. c. i was in doubt whether the accused is a 'public servant' at all as there is no evidence that the ..... correct, it has yet to be established whether the offence attributed to the petitioner was committed by him while 'acting or purporting to act in the discharge of his official duty'.5. the object of section 197, cr. p. c. is to give some protection to public servants against being unnecessarily harassed by criminal ..... duty. the test is whether the offence committed by a public servant is an act done or purporting to be done in execution of his duty. the appellant in that case was a member of the punjab provincial subordinate medical service, and had been suspected of dishonestly removing to his own quarters certain .....Tag this Judgment!
Court : Orissa
Decided on : Feb-06-1955
Reported in : 28ITR414(Orissa)
..... and sons ltd. this, shows that immediately after the receipt of the cheques for rs. 14,174/- they sent an official stamped receipt acknowledging payment of the commission. under section 49 contract act 'when a promise is to be performed without application by the promisee and no place is fixed for the performance of it, it is the duty of the promisor ..... delhi in the instant case in law amounted to payment in delhi to the assessee and accordingly the income was received in british india within the meaning of section 4(1) (a), income-tax act'. 10. the important facts of that case as found in the statement of the case quoted in the judgment are: under an agreement with the government of ..... . in the case of -- 'messrs g. i. m. gregory & co., in re' : 5itr12(cal) ; (c), it was held by the calcutta high court that in a reference under section 66 (2), the high court is entitled to look at documents and, proceedings annexed to the statement of the case even though there is no specific reference to them in the body ..... p.v.b. rao, j. 1. this is a reference made by the income-tax appellate tribunal to the high court under section 66(1), income-tax act, on an application by the commissioner. 2. the point that has been raised on this reference is whether on the facts and in the circumstances of the case as stated in the reference at page 3 .....Tag this Judgment!