Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1963 Page 11 of about 347 results (0.209 seconds)

Sep 19 1963 (HC)

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Decided on : Sep-19-1963

Reported in : AIR1964Cal290,68CWN410

..... him. the learned judges further observed:'it cannot be denied that railway receipt is a document of title as will appear from the definition of the term in sale of goods act, section 2(4) and enables the person mentioned as consignee to give a valid discharge with respect to the goods to which it relates. ..... council in 43 ind app 164 : (air 1916 pc 7), and is, therefore, only this that railway receipt and other documents mentioned in section 2(4) of the sale of goods act are assimilated to bills of lading. for the purpose of sections 103 and 178 of the indian contract act. except for this limited extent these documents ..... many a legal battle in england. but the dusts of controversy seem to have settled long ago and one can now trace the course with a reasonable degree of certainty.57. when goods are sold they are not always in the possession of the vendor; they are often in the possession of a third ..... a judgment of the privy council. i find it utterly impossible to agree with tambe, j. when he says that in 43 ind app 164: (air 1916 pc 7) their lordships of the privy council have 'held that the legislature in india intended to assimilate other documents of title to bills of lading, which ..... no right of stoppage in transitu because the endorsees were entitled to the benefit of section 103 of the contract act against the unpaid vendor. on appeal to the privy council, this decision was upheld in 43 ind app 164 : (air 1916 pc 7). i have already dealt with the judgment of the privy council in .....

Tag this Judgment!

Jun 19 1963 (HC)

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court : Kolkata

Decided on : Jun-19-1963

..... section 13 or section 34 (4) of the act. the contract of tenancy can be put an end to by ..... not abrogated altogether. there is nothing in the act which nullifies section in of the transfer of property act. consequently when a lease of immovable property determines under that section the erstwhile lessee is protected by the act and continues to be a tenant for the purposes of the act by virtue of the definition in section 2 (h) thereof and can only be evicted as laid down in ..... to give protection to tenants which is not available under the transfer of property act.81. the act does not lay down how a tenancy may be created for which we have to refer to the transfer of property act. the definition of 'tenant' given in clause (h) of section 2 is an inclusive one and brings within its umbrage 'any person continuing in possession after ..... or unsubstantial nature such work of construction falls within the mischief of the clause. it is a mixed question of fact and law in each case whether the extent or degree of construction or erection is such as to make it partake of the character of permanent structure or not.'his lordship went on to add that whether a construction was .....

Tag this Judgment!

Feb 05 1963 (HC)

Commissioner of Income-tax, Calcutta Vs. Associated Clothiers Ltd., Ca ...

Court : Kolkata

Decided on : Feb-05-1963

Reported in : AIR1963Cal629

..... of the profits or gains of any business or profession carried on by him and then it is followed by sub-section (2) dealing with computation of such profits and gains after making allowances mentioned there. section 10(2)(vii) of the income-tax act represents one such allowance namely in respect, inter alia, of a sale of building, the amount by which its written ..... of case-law are discernible in this respect. the first line of cases is represented by the observation of the master of the rolls in re yenidje tobacco co. ltd., (1916) 2 ch 426 where it is said that the court would look behind the fact of incorporation if the incorporation was in reality the incorporation of a partnership and would treat ..... such as in the well known case of daimler co. ltd. v. continental tyre and rubber co., (great britain) ltd., (1916) 2 ac 307. the third line of cases is supplied by special acts and special jurisdictions such as in applying the rent restriction acts the court has always looked to the reality of the transaction and would not allow the purpose of the ..... be defeated by the use of the companies acts, as for instance, in samrose properties ltd. v. gibbard, (1958) 1 wlr 235. a similar approach was made in the prize court e.g. in the tommi and the rothersand, (1914) p. 251 and the st. tudno, (1916) p. 291., but these instances are really not departures from the principle that a limited .....

Tag this Judgment!

Feb 20 1963 (HC)

Farbenfebriken Bayer Aktiengesellschaft Vs. Joint Controller of Patent ...

Court : Kolkata

Decided on : Feb-20-1963

Reported in : AIR1963Cal433,67CWN743

..... the evidence before him and the submissions made the controller was satisfied that the grounds specified in clauses (a), (b) and (c) of sub-section (2) of section 22 with respect to patent no. 43679 had been made out. he then proceeded to consider the objection of the patentee, viz., that the applicants ..... at the patent office under section 3 of the act. the procedure upon such an application is laid down in section 5. the application has to be advertised under section 6. the right of opposition to the grant of a patent is given by section 9. under sub-section (2) of section 9 the controller after hearing ..... judicial action is invoked.'in budhi nath jha v. manilal jadav : air1960pat361 (fb), a full bench of the patna high court relied on the definition of a civil proceeding given in stroud's judicial dictionary as a 'process for the recovery of individual right or redress of individual wrong: inclusive ..... the secy. of state for india v. chelikani rama rao, 43 ind app 192: (air 1916 pc 21) where some provisions of the madras forest act v of 1882 had to be considered. the act laid down that the governor in council might constitute any land at the disposal of the government ..... section 109(c) but granted under section 110 the judicial committee upheld the preliminary objection as to the maintainability of the appeal and referring to the judgments in salaman v. warner, (1891) 1 qb 734, bozson v. altrincham urban district council, (1903) 1 kb 547 and issacs and sons v. salbstein, (1916) 2 .....

Tag this Judgment!

Sep 19 1963 (HC)

Calcutta Credit Corpn. Ltd. and anr. Vs. His Royal Highness Prince Pet ...

Court : Kolkata

Decided on : Sep-19-1963

Reported in : AIR1964Cal374,68CWN554

..... evidence relating to his purchase and his oral evidence, read with his plaint, is not so firm as to enable ths court to come to a definite assessment of the value of the car which has been burnt. but it is the defendants who have saved the plaintiff being thrown overboard. relying in ..... is required to perform that work and he must conduct himself in a skilful manner (philips v. william, (1938) 1 all e r 566).37. a special degree of care is thus required of doctors and other professional men, manufacturers, innkeepers, store-keepers, (1895 a c 632, ibid), carriers, motor-car drivers [daly v. ..... (1) and a (2), it is clear that the garage undertook to do the entire work, as ordered for by the respondent in his letter, ext.. a (5), and also undertookto return the car to the respondent or completion of that work. if so, the definition of bailment in section 148 of the contract act is attracted, and the ..... of the man concerned (glasgow corpn, v. muir, 1943 ac 448 at p. 457).35. the degree of care required varies with the degree of risk involved in the operations in which the person is engaged. 'the more dangerous the act the greater is the care that must be taken in performing; if (read v. lyons and co ..... . ltd, (1946) 2 all e r 471 at p. 476).36. analogous to the above is .....

Tag this Judgment!

Dec 20 1963 (HC)

S.P. Ghose Vs. Deputy Controller, Reserve Bank of India

Court : Kolkata

Decided on : Dec-20-1963

Reported in : AIR1964Cal422,68CWN914

..... india from making any payment to, or for persons resident outside india, either directly or indirectly by crediting their account, whether in rupees or foreign currency. sub-section (2) of section 8 of the said act provides that no person shall, except with the general or special permission of the reserve bank or the written permission of a person authorised in this behalf by ..... point involved in this case is as to whether the petitioner is entitled to come within the scope of section 1 (i) or 2 (i) mentioned above. according to him, he comes under sub-section 2 (i), whereas according to the authorities he comes under section 1 (i). to put it still more succinctly, the petitioner claims to be a british national not domiciled in ..... exchange. it provides that except with the previous general or special permission of the reserve bank, no person other than an authorised dealer shall deal in foreign exchange. section 5 of the said act pats restrictions on payments. it inter alia provides that no person in india shall make any payment to any person resident outside india) save as may be provided ..... a domicil of choice. sir george jessel in doucet v. geoghegan, (1878) 9 ch. d. 441 at p. 456 said that an absolute definition was impossible. nevertheless, about a hundred years ago kindeisley v. c. propounded a definition which it is difficult to better :'that place is properly the domicil of a person in which he has voluntarily fixed the habitation of .....

Tag this Judgment!

Sep 17 1963 (HC)

Chittoor Transport Co. (Pr.) Ltd. Vs. Income-tax Officer, Chittoor

Court : Andhra Pradesh

Decided on : Sep-17-1963

Reported in : AIR1965AP196; [1965]55ITR159(AP)

..... it is contended by sri srinivasamurthy, learned counsel for the petitioner, that in the absence of a definition in the old act which governs the present case, it is quite legitimate for this court to rely upon the definition as contained in the new act. section 2. cl. 47 says : - 'transfer in relation to a capital asset, includes the sale, exchange or relinquishment of ..... this act restricts the connotation of ..... the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any law.' (8) the argument of the learned counsel for the petitioner is that the definition as contained in ..... before the division bench was whether the difference between the original cost and the written down value was subject to income-tax under the second proviso to sec. 10 (2) (vii) of the income-tax act . this question was answered against the department and in favour of the assessee for reasons similar to those contained in the judgment in : air1956bom415 . in .....

Tag this Judgment!

Aug 22 1963 (HC)

Raghu Nandan Neotia Vs. Swadeshi Cloth Dealers Ltd. and ors.

Court : Kolkata

Decided on : Aug-22-1963

Reported in : AIR1964Cal247,68CWN302

..... assailed are set oat in paragraph 15 of the plaint. the grounds are first that by reason of the provisions of the companies act and particularly sections 166, 186, 210, 211 and 217 and the provisions in schedule vi, part ii, clause 3 (xiv) no dividend can or could be declared excepting at an annual general meeting; secondly, according to the true construction ..... ordinary meeting which declares dividend. 29. in the new central jute mills co. ltd., 64 cal wn 970 i held that sections 166, 186, 210, 211, 217 and the provisions in schedule vi part ii clause 3 (xiv) of the act indicate that the declaration of dividend is a business of the annual general meeting. counsel for the plaintiff contended that there is ..... the balance sheet and the second part contains requirements as to profit and loss accounts. part ii of schedule vi consists of 8 clauses whereof clause iii is important. 23. another section of the act which is important for the purpose of the present case is section 205. section 205 relates to dividend. it enacts that no dividend shall be declared or paid by a ..... company for any financial year except out of the profits of the company for that year arrived at after providing for depreciation in accordance with the provisions of sub-section (2 .....

Tag this Judgment!

Mar 28 1963 (HC)

Dilip Kumar Mukherjee Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Mar-28-1963

Reported in : AIR1965Cal498

..... declared goods, be subject as from the 1st day of april, 1958, to the restrictions and conditions specified in section 15 of the central sales tax act, 1956.' act 58 of 1957 gave no definition of its own of the declared goods and section 2(c) of the act provided that the word 'tobacco' 'shall have the meaning' assigned to it in item no. 9 of the ..... central excises and salt act, 1944. 30. subsequently, by the central sales tax (second amendment) act, 1958 (act 31 of 1958), section 7 of act 58 of ..... -affidavit it is contended that zarda cannot be included in the definition of 'tobacco' because it contains other high-priced ingredients; 'i say that various high ..... people in this country who are used to take narcotics in the process of chewing. it may be said that the act of taking zarda is analogous to that of taking snuff or hookah, though it may vary in form or degree of intensity, because of the transformation of the tobacco in the preparation of 'zarda'. in para 7 of the counter .....

Tag this Judgment!

Apr 05 1963 (HC)

Commissioner of Income Tax Vs. Jogendra Nath Naskar and anr.

Court : Kolkata

Decided on : Apr-05-1963

Reported in : AIR1965Cal570

..... position regarding tax on hindu deity is not clarified even up to the present day.93. 'assessee' under section 2 of the act means a person. 'person' again is an inclusive definition like clause 3(42) of the general clauses act. there are six categories of assessees (section 3):(a) the individual;(b) the hindu undivided family;(c) the company:(d) the local authority;(e) ..... are generally ex-empted from liability to pay income-tax.' he quotes in that connection section 4(3) of the indian income-tax act, but points out that religious purpose is not defined in that section but charitable purpose is described as including relief of the poor, education, medical relief and the advancement of any other object of public utility. speaking on the ..... (i) or clause (ii) shall operate to exempt from the provisions of this act that part of the income from property held under a trust ..... the income applied or finally set apart for application thereto. there is at the end of this sub-section (3) of section i an attempt to define charitable purpose and it is provided there:'in this sub-section 'charitable purpose includes relief of the poor, education medical relief, and the advancement of any other object of general public utility, but nothing contained in clause .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //