Court : Mumbai
Decided on : Oct-15-1963
Reported in : AIR1964Bom253; (1964)66BOMLR230; 1964CriLJ523; 1964MhLJ360
..... official gazette declare to be an intoxicant.' it is not necessary to reproduce the definition of 'intoxicating drugs' given in c!. (23) of section 2. chapter ii of the act has enacted provisions to set up the establishment for the enforcement of the act. chapter iii contains prohibitions under the act. the various provisions of chapter iii contain inter alia the prohibitions relating to the ..... challenged before the learned magistrate. it would be erroneous to say that the provision in section 129a is vague since limitless blood can be taken from a man's body which may lead to fatal consequences. sub-section (2) of section 129a itself provides that the registered medical practitioner before whom a person has been produced shall examine such person and collect and ..... forward in the manner prescribed the blood of such person. sub-section (3) provides that it shall be lawful to use all means reasonably ..... the test is to be collected. by virtue of the powers conferred on the government by clause (w) of sub-section (2) of section 143 of the bombay prohibition act, rules are framed and those rules are called the bombay prohibition, (medical examination and blood test) rules 1959 rule 4 of these rules which provides for the manner and collection and forwarding of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-11-1963
Reported in : 52ITR82(Cal)
..... ,000 out of rs. 6,00,000. it is needless for us to reiterate that the definition of business in section 2(4) of the income-tax act is not an exhaustive definition but it is an inclusive one in the widest possible terms as including 'any trade, commerce or manufacture or any adventure or concern ..... joint venture in consideration of their not competing with the rival group and could not be considered to be casual within the meaning of section 4(3)(vii) of the act.after the remand report the president on a consideration of all the facts came to the conclusion that the receipt was a revenue receipt ..... of rs. 1,75,000 was a non-recurring casual receipt exempt from tax under section 4(3)(vii) of the act or that it was in any way a capital receipt as distinct from a revenue receipt. the assessee appealed to the appellate tribunal. before ..... or the exercise of a profession, vocation or occupation', and was of a 'casual and non-recurring nature' within the meaning of section 4(3)(vii) of the income-tax act.both the income-tax officer as well as the appellate assistant commissioner rejected the claim of the assessee that the receipt of this sum ..... -tax reference under section 66(1) of the income-tax act the following questions have been aske :'1. whether there was any material on record for the president to give a finding to the effect that the contention of the assessee that it intended to buy the mills was without any basis whatsoever?2. was the receipt .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-02-1963
Reported in : AIR1964SC1272; [1963(7)FLR343]; (1963)IILLJ638SC; 4SCR265
..... . it held that if the matter had to beconsidered solely by reference to the standing orders, the appellant wasentitled to succeed, because it was justified in acting upon the opinion givenby its medical officer in regard to the alleged illness of venkatiah. when thesaid opinion was attacked before the labour court, it observed that it was easyto make such an ..... regulation53 has to be considered. this regulation provides that every insured personclaiming sickness benefit shall furnish evidence of sickness in respect of thedays of his sickness by means of a medical certificate given by an insurancemedical officer in accordance with the regulation in the appropriate form.there is, however, a proviso to regulation 53 which says that the corporationmay accept ..... except as provided under the regulations, dismiss, discharge or reduce orotherwise punish an employee during the period he is in receipt of disablementbenefit for temporary disablement or is under medical treatment for sickness oris absent from work as a result of illness duly certified in accordance withthe regulations to arise out of the pregnancy or confinement rendering theemployee unfit ..... has hardly anyrelevance in view of the construction which we are inclined to put on s. 73(1)of the act. in view of our construction of the said section, mr. dolia'sargument that there is inconsistency between the said section and standingorder 8(ii) also has no validity. 20. before parting with this case, we ought to add that at the very .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-28-1963
Reported in : AIR1963P& H449
..... ) his lordship concluded:)from the above, i am not satisfied that she was mentally afflicted in terms of section 5(ii) of the act.43. i may now refer to the effect of the medical evidence of dr. dlesh, dr. vidya sagar and dr. dayal singh and also the condition of indra ..... me that the evidence on the record, suggesting pre-nuptial unsoundness of mind, to be rather slender. efforts might have been made to produce definite and convincing evidence showing an attack of lunacy immediately before the marriage. the doctors, who might have treated her before her marriage, have not ..... and convincing. courts must eschew matters and considerations which are irrelevant and extraneous and concentrate upon the real question in issue, namely, the degree of mental infirmity at the time of marriage invalidating its solemnisation. the evidence of pre-nuptial or post-nuptial insanity must be such from ..... and affection which persons with weaker intellects may also feel and the discernment or soundness of judgment while contracting marriage is of a lesser degree than in the case of an ordinary contract. it will suffice to say that persons solemnising marriage must possess a mental capacity sufficient to ..... of marriage and the duties and responsibilities entailed by it. it is not possible to define in more precise terms the extent or the degree of mental capacity. broadly, the mental incapacity to enter into marriage should approximate to mental incapacity which disables a person from entering into contracts .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-02-1963
Reported in : (1964)66BOMLR42; 1964MhLJ273
..... the chemical analyser. but, in my opinion, the duty will not rest there. sub-section (2) of section 66 in terms says that the accused must also show that the medical preparation which he alleges to have consumed is one, the consumption of which is not in contravention of the act or any rules or regulations or orders made thereunder. it is in this context ..... medicinal preparation is not more than 4 c.c. or 4 ml. to be taken three or four times in 24 hours. that this medicinal preparation contains a very high degree of alcohol percentage is obvious, it being as high as 90 per cent. other spirits which are admittedly liquor or intoxicants such as whisky, gin, champagne or beer contain much ..... .p. limits are 86 to 90 per cent. v/v. the analysis has also given the quantity of total solids as 0.62 per cent., weight per ml. at 90 degrees to be 0.925 g. in the opinion of the chemical analyser, the sample complied with pharmacopoeia specifications. on the basis of this data, therefore, it has to be held ..... of law or presumptions of fact. it is also true that the nature of the burden expected to be discharged by an accused person may not be of the same degree of probability as to be beyond reasonable doubt, but may lead to a reasonably probable inference to satisfy the judge. a fact is said to be proved when after considering .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-27-1963
..... both parties the freedom to remake their lives. there was, i think, a deliberate omission of the word guilty in section 2 of the 1937 act (now section 1 of the 1950 act). the new section was breaking away from the old idea of insistence on a matrimonial offence in that it was adding incurable insanity as ..... in the same case my noble and learned friend,lord reid, said: i do not intend to try to define cruelty. i doubt whether any definition would apply equally well to cases where there has been physical violence and to cases of nagging, or to cases where there has been a deliberate ..... side or the other will be familiar with the bitterness aroused and the resentment felt at the accusation in nearly every case. when considering the degree of insanity which must be established in order to furnish an answer to the accusation there are no doubt great difficulties. the so-called m' ..... they would not be sufficiently grave and weighty to amount to cruelty: but it is not essential. the next possibility is that there must be some degree of mens rea, that at least the respondent must be blameworthy for what he did and that requires careful consideration. but opinions have been expressed ..... and powerful criticism for nearly a hundred years, but their strict application would lead to capricious results. it appears to be the general opinion of medical men, who at least have a better understanding of insanity than lawyers, that there are types of insanity not within the rules whichdeprive the insane .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-20-1963
Reported in : AIR1965All196; 1965CriLJ524
..... accused' in our code, it is true that the indian venal code contains specifications of states of mind, by using terms such as 'voluntarily' or 'knowingly' or 'fraudulently' in its definitions of offences, but this does not mean that one is precluded from invoking the aid of basic doctrines underlying criminal liability in interpreting statutory provisions containing rather broadly denned offences ..... conditions in the criminal law of india. but, instead of enacting a general principle such as nemo est reus nisi mens sit rea, the indian legislature has included, in the definition of each offence, a clear statement of the mental condition necessary to constitute the offence. if, in any case, the indian legislature has omitted to prescribe a particular mental condition ..... life' occur, were already there. although words expressly indicating a test of degree were not used in section 304a, i. p. c. we can infer, from the words used in section 304a, i. p. c., that the act must be reasonably capable of resulting in the death, which the perpetrator of the act takes the risk of causing, and also that the mens rea must ..... consequence of a conviction for felony to results produced by mere inadvertence. the stricter view became apparent in prosecutions of medical men or men who professed medical or surgical skill for manslaughter by reason of negligence.'23. passages from andrew's case, 1937-2 ail-er 552 (supra) intended for explaining the modern view of manslaughter in england, are not in my opinion .....Tag this Judgment!
Court : Kerala
Decided on : Aug-19-1963
Reported in : AIR1964Ker272; (1966)ILLJ639Ker
..... 10-7-1953. by this agreement, the petitioner bound herself to serve the state for a period of three years after obtaining the medical degree if an appointment is offered to her by the government of travancore-cochin within a period of six months after taking the ..... degree. she finished her medical course in january 1959 and took her degree on 25-3-1959. before that on 1-2-1959, she was appointed as a house surgeon and continued to serve the state in that capacity ..... think, must be done in the regular civil courts and not under article 226. i do not think that the pressing into service of the revenue recovery act alters the situation. the employment of that machinery is the result of a contract. the particular sanction behind such use is only the consent given by the ..... and that therefore i am entitled, may, bound to issue an appropriate writ preventing the first respondent from proceeding with the recovery of the sum of rs. 2,500/- provided in ext. p-1. 3. it is not disputed that ordinarily the question about the breach of a contract or its enforceability should be determined ..... , she has committed breach of the contract, ext. p-r. they have, therefore, taken action under the revenue recovery act in accordance with the provisions in para 3 of ext. p-1. 2. counsel for the petitioner has submitted that this action taken by the first respondent is unwarranted because it is unsupported by the .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-30-1963
Reported in : AIR1964Kant132; AIR1964Mys132; (1963)2MysLJ302
..... social revolution, not confinedto the upper classes, neither only to hindus alone.'but, the real question is, how to do it. it can be definitely asserted that there is no ready made solution. in pronouncing on such a social question, nay a human problem, we should not forget our own ..... .25. at this stage an incidental controversy that arose at one stage may be mentioned. it was urged that in view of section 51 of the mysore university act, 1956, the classification made under ex. c cannot be made applicable to the university engineering college at bangalore. but this submission ..... the interview marks as fixed, in para 1above shall also apply for selection of candidates for diploma and certificate courses in government polytechnics and for degree- course in textiles.'there was some controversy as to who authorised the issue of this communication. it is now made clear by the affidavit filed ..... them has prayed for a writ of mandamus and/or any other appropriate writ or direction, directing respondents 1 and 2 to admit him to the engineering college or to the medical college as the case may be. in their affidavits, they have challenged the validity of government orders no. ed ..... these writ petitions relate to admissions to professional and technical colleges. some of petitioners have applied for admission to the course leading to the degree of bachelor of engineering, whereas others have sought admission to the pre-professional class in medicine. their applications have been rejected. hence, .....Tag this Judgment!
Court : Chennai
Decided on : Oct-09-1963
Reported in : (1964)1MLJ70
..... body corporate, having perpetual succession. it consisting of chairman, a director and other members of the board. section 6 of the act conferred powers upon the institute generally to provide for instructions and research in engineering technology, to hold examinations and to grant degrees, to establish hostels, etc it was also empowered to frame statutes and ordinances for the proper government of the ..... not as a punishment.6. it is unnecessary to enter into the further contents of the affidavit which deal with the petitioner's allegations that there were certain disputes regarding medical bills or the allotment of residential quarters.7. the institute also contends that the petitioner is not a members of a civil service under the union, who is entitled to ..... unit in the governmental organisation, is the claim made by the learned counsel. it is urged that the act has declared this institute to be one of national importance. the president of india is the visitor who is competent under section 9(2) of the act to appoint persons, to review the work and progress of any institute and to hold enquiries into the ..... temporary employee. it should therefore follow that it is open to the employer and equally to the employee to put an end to the service relationship by notice. statute 13(2) provides that:all appointments to posts in the institute shall ordinarily be made on probation for a period of one year, after which period the appointee, if confirmed, shall continue .....Tag this Judgment!