Court : Kolkata
Decided on : Mar-23-1962
Reported in : 49ITR773(Cal)
..... partnership have the same meanings respectively as in the indian partnership act of 1932 : provided that the expression partner includes any person who being a minor has been admitted to the benefits of partnership.'this definition goes to show that even ..... is without any substance in all its branches. no doubt the income-tax act treats the firm as distinct from its partners in some of the sections but the income-tax act does not permit a firm to be considered as a separate legal entity. under section 2 of the income-tax act 'unless there is anything repugnant in the subject or context firm, partner and ..... question was answered in the negative but the court referred to some of the sections mentioned by the learned advocate in the present case and the argument advanced that the definition of the word 'person' in section 3(42) of the general clauses act of 1897, read with section 4 of the partnership act, showed that a firm was a person. the court held that the ..... definition of the word 'person' occurring in section 3(42) of the general clause act could not be imported into section 4 of the indian partnership act. their lordships pointed .....Tag this Judgment!
Court : Chennai
Decided on : Jan-15-1962
Reported in : AIR1962Mad478; [1963(6)FLR139]; (1963)ILLJ16Mad
..... labour court on his behalf: (1) the opinion of the company's medical officer should not be accepted and (2) that the termination of his service was invalid being contrary to the provisions of section 73 of the employees state insurance act.(6) the labour court negatived the worker's case on the first point, ..... order of dismissal was passed on 23-3-1957, that is, is days after the expiry of the period of benefit, the terms of section 73 of the act could not be said to be satisfied, there being no order of discharge passed at any time between 15-1-1957 and 8-3- ..... reinstatement.even apart from that consideration we are of opinion that the termination of the services of the worker is contrary to section 73 of the employees state insurance act. that section provides that no employer shall dismiss, discharge or reduce or otherwise punish an employee during the period the employee is in ..... the circumstances of the case it should be held that the action of the management amounted to a contravention of the provisions of section 73 of the employees state insurance act and as such is invalid. the judgment of balakrishna aiyar, j., directing issue of writ of certiorari is set aside and the ..... to consider whether the certificate produced by the worker from a medical officer other than the company's medical officer should be accepted or not. but as stated earlier, the present case in a peculiar one. the company's doctor did not say definitely whether the worker was really ill or not. the management .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-27-1962
Reported in : AIR1963P& H220
..... even the second order of his discharge with effect from 28th of april, 1949 was also bad in law inasmuch as the proceedings of the second medical board disclosed that the plaintiff was not permanently incapacitated for further service and his incapacity was only partial. he averred that he was in service of ..... and when he was in active service he contracted duodenal ulcer for which he was operated on 3rd of october, 1945. after the operation, the medical board declared him unfit for active mllitary service but fit for a civilian job and he was placed in category 'c'. he was transferred to ambala ..... the allahabad high court. following the federal court decision, i would hold that the present suit is governed by article 102 of file indian limitation act and the same having been filed more than three years after the salary had become due, is clearly barred by limitation.10. learned counsel for ..... the fallowing issues were framed:(1) whether the discharge of the plaintiff from service by order dated the 4th april, 1946 was illegal and 'ultra vires'? (2) is the suit within time? (3) to what amount, if any, is the plaintiff entitled on account of pay and allowances from the defendant? (4) ..... learned senior subordinate judge, ambala, granting the plaintiff a decree for rs. 10,712/8/- with costs on account of arrears of salary and damages.2. on 18th of february, 1918 jagdishwar lal plaintiff was employed as a civilian clerk in the defence department of the government of india. he was confirmed .....Tag this Judgment!
Court : Orissa
Decided on : Oct-03-1962
Reported in : AIR1963Ori33
..... which lies on the accused.7. the legal conception of insanity differs considerably from the medical conception. it is not every form of insanity or madness that is recognised by law as a sufficient excuse. indeed nothing short of the particular degree of insanity as laid down in. section 84 i. p. c. would bring the case within the exception. all other forms ..... of the accused, he is entitled to an acquittal in the case, on the cardinal principles of criminal justice which have not been affected by the special provisions of section 105, indian evidence act. thus, it is sufficient for the defence to raise reasonable doubt, and necessarily the standard of proof required is not the same for the defence as for the ..... of daniel mc.naghten who shot dead mr. edward drummond, the private secretary to sir robert peel. the learned judges unanimously laid down that.'notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievances or injury........he is nevertheless punishable according to the nature of the ..... in the morning of february 25, 1962. the defence took the plea of unsoundness of mind. the learned trial judge convicted the accused of murder and sentenced him to death.2. what happened was this. the accused was a proprietor of a saloon, in puri town and he had an assistant. on february 25, 1962 which was a sunday, at about .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-20-1962
Reported in : AIR1963AP160
..... that a party to a suit is of unsound mind, and the other party denies it, the court must hold a judicial inquiry, and come to a definite conclusion, as to whether by reason of the unsoundness of mind or mental infirmity, he is incapable of protecting his interests in the suit. (4) mental ..... 1) that the purpose and amplitude of the enquiry under order 32 rule 15. c. p, c. are different and wider than those under sections 41 and 64 of the indian lunacy act, 1912; (2) that the holding of an enquiry by the court under order 32 rule 15 c. p. c. is mandatory; and, (3) that ..... to ensure that no man is adjudged a lunatic without proper enquiry, and that the court should hold a judicial inquiry and it may seek the assistance of medical experts. it was pointed out that the only safe course to adopt regarding the lunatics is to follow strictly the procedure prescribed in order xxxii, rule 15 ..... quoted with approval by the learned judge :'with regard to the question of whether in any, or what degree, she is capable of managing her own affairs, and being bound by her own contract and by her own acts, that, in my opinion, is always a question for the court to decide before which matter comes ..... man of unsound mind. this case is an authority for the position that the provisions of lunacy act apply only to idiots or persons of unsound mind, but not to dull-witted persons, or to persons with lesser degrees of intellectual competence or mental infirmities to whom also order 32 rule 15 applies. that being the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-04-1962
Reported in : AIR1962P& H503; (1962)IILLJ611P& H
..... far, it follows that the petitioner became entitled to a pension for life under the orders of the appropriate authorities on the recommendation of the medical board duly constituted. if any revision was permissible it could have been in accordance with the rules and certainly no order could have been made ..... for whose protection a wit under article 226 could be entertained.the petitioner had been in service since 1939 and became entitled, according to the first medical board, to the disability pension which on subsequent examination by another board came to have been assessed wrongly. mr. jindra lal on behalf of the ..... 4 of the affidavit of the respondent-union that the first medical board the found that:(1) the petitioner was suffering from 'diabetes mellitus' which made him unfit to serve; and (2) this disability was aggravated by war services and the degree of disablement was assessed at 50 per cent.how can it ..... pronouncement of lord atkin in eshugbayi eleko v. officer administering government of nigeria, air 1931 pc 248, at p. 251 that the executive.'can only act in pursuance of the powers given at it by law. in accordance with british jurisprudence no member of the executive can interfere with the liberty or ..... nature of a command and as observed by chief justice s. r. das at pages 158-159 of the report.'no person can, by any act or conduct, relieve the state of the solemn obligation imposed on it by the constitution. whatever breach of other fundamental right a person of a citizen .....Tag this Judgment!
Court : Orissa
Decided on : Aug-27-1962
Reported in : 28(1962)CLT523; 1963CriLJ550
..... reported in profulla kumar v. emperor air 1931 cal 401 their lordships held -the fact that the witness is dealt with under section 154, evidence act, even when under that section he is cross-examined to credit, in no way warrants a direction to the jury that they are bound in law to place ..... parsuram was not present at the scene of occurrence cannot be accepted. on the evidence of p.w. 15 it can be definitely said that parsuram was present at khurda at 2-15 p.m. admittedly khurda is 34 miles from sunakhala and is connected by bus service, sanakhala is 6 miles from ..... evidence of the prosecution witnesses implicating parsuram is false. from the mere fact that the evidence regarding poking and trampling has not been corroborated by the medical evidence, the entire prosecution case cannot be said to be false.14. on the principles discussed the evidence of the relation and partisan witnesses in ..... parsuram left khurda by bus for sunakhala and came up to gamarimunda, the cumulative effect of all the evidence undoubtedly is that there is a high degree of probability that parsuram might not have been present at the scene of occurrence. but i am unable to agree with the learned sessions judge that ..... evidence without corroboration. it would be equally clear that his evidence was not a tainted one, but it would only make a difference in the degree of corroboration required rather than the necessity for it.to the same effect was the observation of a division bench of this court reported in madan .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-14-1962
Reported in : AIR1963All394
..... for obtaining diplomas and the others for university degrees. the institution remains a single institution, and indeed it has not even been contended that there are two clear-cut divisions of the institution.(10) the institution, namely, the national homeopathic medical college, lucknow, is affiliated to the agra university. this fact has been conceded. under section 2(a) 'affiliated college' has been stated to ..... secondly, that the main question that has been raised by this petition is, in all its amplitude, before the chancellor of the university for determination.6. under section 35 of the agra university act when any question arises as to whether any person had been duly elected, appointed or co-opted or was entitled to be a member, the matter has to ..... to 10 as members of the faculty of homeopathic medicine, agra university, agra', and further directing the chancellor respondent no. 4 to make his decision as contemplated under section 35 of the -agra university act, 1926 'at the earliest' and till then not to let the meeting of the faculty be held -- a meeting which has been called for the 17th september ..... for as against the 4th respondent, the chancellor of the agra university, to direct him, to decide the matter which has been referred to him for decision under section 35 of the act.7. there can be no doubt that this court has the power to direct an authority which is under an obligation to make a decision, if such an authority .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-10-1962
Reported in : AIR1963MP102; 1963CriLJ296
..... aggravating circumstances. thus, this case which is typical of the third kind of killing by medicine or quackery, is undoubtedly one of murder coming under definition 'fourthly' in section 300 i. p. c.31. in the case, khushaldas v. state, air 1960 madh pra 50, the accused who was a hakim ostensibly ..... of the 31st and his dispensary was locked. some four or five days later, the book maintained by the appellant in course of his medical practice as a registered homoeopathic practitioner, was also seized from the dispensary and exhibited as p/14 in this case. 6. the post-mortem ..... village with a considerable market, a hospital with a medico-legal centre in charge of an allopathic doctor of a degree qualification. there is besides, a police chowld or beat house, the proper thana itself being at considerable distance. apparently, a comparatively now arrival there ..... stupidity ofignorant charlatans pretending to be doctors or physicians,treat their patients and administer deadly poisons andalso, on the evidentiary value and effect of earlier acts,similar to the one in controversy.3. the following is the common ground in this case. ahodia mandi in shajapur district is a big ..... recognized system and certainly not in homoeopathy as the proper medicine for the disease that he was ostensibly treating, namely, 'naru' or guinea-worm.2. in the lower court as well as here, the questions were the following. on the facts whether he didgive the patient either the fresh leaves .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-27-1962
Reported in : AIR1963Bom223; (1963)65BOMLR429; 1963MhLJ268
..... entirely unexpected manner and in an extremely short space of time, rendering an accurate observation of the elements of the incident difficult in the highest degree. in this class of cases, it has been considered specially necessary that the plaintiff in framing his statement of claim, should set out the ..... has sustained.4. that the plaintiff states the particulars of his claim as under ;r.s. l.000/- towards medical expenses.r.s. 2,000/- for loss of business for life.r.s. 2.000/- for physical injuries and mentalpain.r.s. 5,000/- total claim.'this amount has not' been paid in ..... stated as to how the car was being driven, from which direction to which direction, how and where it struck him, what was the negligent act on account of which he was knocked down, what according to the plaintiff caused the collision or injuries and position and location of the site ..... collision, with clearness and accuracy of enable his adversary to know the case he has to meet. he should also state in specific term the particular acts of negligence which, according to him, caused the collision.5. in the instant case, the plaint allegations are obviously vague and extremely laconic. the ..... at page 581 in his 12th edition of the civil procedure code observed'where negligence or contributory negligence is charged, full details must be given of the acts on which the party pleading relies as constituting negligence.'that this duty of giving particulars in case of a complaint of negligence, injuries suffered there .....Tag this Judgment!