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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1963 Page 6 of about 347 results (0.227 seconds)

Mar 14 1963 (HC)

D.P. Narasa Reddy Vs. Ellisetti China Venkata Subbayya and anr.

Court : Andhra Pradesh

Decided on : Mar-14-1963

Reported in : AIR1964AP71

..... the agent of his principal, the 1st defendant. he has also argued that on a proper interpretation of the provisions of section 2 of the act, which define the term 'common carrier', the 1st defendant does not come within the ambit of that definition.15. at the outset, it may be observed that the stand taken up by the learned counsel for the plaintiff ..... .17. mr. ramamohana rao, learned counsel for the plaintiff, has then argued that the 1st defendant is not a common carrier within the meaning of the act. the expression 'common carrier' has been defined in section 2 as denoting 'a person, other than the government, sngaged in the business of transporting for hire property from place to place, by land or inland navigation ..... , 'for all persons indiscriminately'.' (italics (here in ' ') mine). 18. considerable stress has been laid by the learned counsel for the plaintiff on the words 'for all persons indiscriminately' used in the definition. these ..... defendant, by reason of his occupationas carrier of goods by his lorry, which can by no means be called casual, does come within the am-bit of the definition of 'common carrier'. the carriers act, the provisions of which, were invoked by the plaintiff himself before the lower court for making the 1st defendant liable, must be held to be applicable to .....

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Apr 10 1963 (HC)

Dantu Bhaskararao Vs. C.V.K. Rao

Court : Andhra Pradesh

Decided on : Apr-10-1963

Reported in : AIR1964AP77

..... immediately or within a reasonable time. according to the defendants, the contract between the parties did not satisfy the definition of ready delivery contract and therefore the document fall within the mischief of section 6 of the act and was therefore void. chief justice chagla, who delivered the opinion of the division bench said that at the ..... . the subject-matter of the enquiry in edwards v. robert, (1891) 1 qb 302 was a rule contained in 20 and 21 vict. c. 43, section 2: which says:'after the hearing and determination by a. justice or justices of the peace of any information or complaint which he or they have power to determine ..... entered into there was no enforceable contract in the absence of such a document.79. a similar rule is stated in gian chand v. sri ram bansal, 2 ele. lr 136 (ele. tri. patiala). it was held there that a lease of a government quarry for the extraction of ore did not amount to ..... the 1st class or a notary or commissioner of oaths. a request was then made to the election tribunal in the shape of i. a. no. 2 of 1962 filed on 25-8-1962 to accept an affidavit in the prescribed form and to condone the delay in that behalf. in spite of the ..... chandra reddy, c.j. 1. the interpretation of section 7(d) of the representation of the people act (hereinafter referred to as the act) is involved in this appeal directed against the judgment of the election tribunal, eluru.2. the facts that are necessary for this enquiry are few and are not in dispute. the appellant and the .....

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Jan 19 1963 (HC)

M.V. Sastry, Masulipatam Vs. Murlidhar Jhun Jhun Wala (P) Ltd., Madras

Court : Andhra Pradesh

Decided on : Jan-19-1963

Reported in : AIR1964AP88

..... to all persons in the position of creditor and debtor, there are statutory provisions which are applicable to claims provable against the bankrupt company. section 529 of the companies act, 1956 extends the law of insolvency with respect to the estates of persons adjudged insolvent to the winding up of insolvent companies in regard to ..... secured and unsecured creditors; as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent. (2) all persons who in any such case would be entitled to prove for and receive dividends out of the assets of the company, may come in ..... claim it was time-barred. in the same trend of thought is the judgment of the calcutta high court in harendra nath v. sourindra nath, ilr 1942 (2) cal 485 : (air 1942 cal 559). it was inter alia remarked by witter j., who spoke for the court, that as the set-off was ..... the suit, but not afterwards unless permitted by the court, present a written statement containing the particulars of the debt sought to be set off. 2. the written statement shall have the same effect as a plaint in a cross-suit so as to enable the court to pronounce a final judgment in ..... this appeal is directed against the judgment of our learned brother, satyanarayana raju j., in company application no. 89 of 1960 in o. p. 11 of 1956.2. the material facts may be shortly stated. the company called the east coast transport and shipping company (hereinafter referred to as 'the company') started in the .....

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Jun 11 1963 (HC)

Vuyyuru Sambrajyamma Alias Bhimavarapu Sambrajyamma Vs. Bhimavarapu Ve ...

Court : Andhra Pradesh

Decided on : Jun-11-1963

Reported in : AIR1964AP93

..... the first wife of the first respondent was alive.6. it is urged by sri ramachandra reddy, learned counsel for the appellant, the wife, that section 4 of act vi of 1949 did not confer any right on either of the spouses to obtain a declara-tion that the marriage was void and punishable. that ..... (3) of the hindu marriage act, 1955 (22 of 1955) for a declartion that his second marriage was void and of no legal effect for ..... for the purpose of getting a declaration.9. in this view of the matter, it is unnecessary for us to consider whether section 29(3) of the hindu marriage act 1955 would come to the rescue of the first respondent, although, prima facie, it appears to us that the expression 'dissolution of marriage' ..... relief of declaration, continues the learned counsel.7. there is substance in this contention. section 4(1) reads as follows :'notwithstanding any rule of law, custom or usage to the contrary, any marriage solemnized after the commencement of this act between a man and a woman either of whom has a spouse living at the ..... repealed.2. it arises in the following circumstances. the first respondent, who was already married, took the appellant, his sister's daughter, as his second wife on 27-11-1950. several years thereafter, i.e., on 25-4-1959, he filed a petition under section 4(1) of the madras act vi of 1949 read with section 29 .....

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Jan 22 1963 (HC)

The Northern India Caterers Private Ltd. Vs. the State of Punjab and a ...

Court : Punjab and Haryana

Decided on : Jan-22-1963

Reported in : AIR1963P& H290

..... this purpose. hence, this bill.'the word 'collector' is defined in section 2(a) to mean the collector of the district, and includes any other officer appointed by the state government for performing the functions of the collector under this act. the definition of 'public premises' is wide so as to include premises belonging to ..... in (1960) 62 pun lr 871: (air 1961 punj 98). elaborate procedure for hearing is provided, as also the right of appeal. section 4(2) of the punjab act requires that notice shall specify the grounds on which the order of eviction is proposed to be made. thus the occupant of the public premises ..... excluded from the computation. in the case of in re railway sleepers supply co., (1885) 29 ch d 204, it was provided under section 51 of the companies act, 1862, that interval of not less than fourteen days was to elapse between the meetings passing and confirming a special resolution of a company. ..... point of view and 'make one sided presentation without an opportunity to know, and then refute the case of the government, is unfair. section 6 of the punjab act was also criticised as it contemplated a tenant not only losing his possession of the premises but also his possession on the premises. in ..... of such interest is not on any higher footing.'in view of the above observations of the supreme court, it cannot be contended with any degree of conviction that the provisions of article 19(1)(f) are attracted and can be availed of by a person in the situation of the petitioner .....

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Feb 02 1963 (HC)

Shyam Swarup Saksena Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Feb-02-1963

Reported in : AIR1963All426

..... description and area so as to be identifiable is needed for a public purpose or for a company. what was a mere proposal under section 4 becomes the subject-matter of a definite proceeding for acquisition under the act.'19. in motibhai vithalbhai patel v. stats of gujarat : air1961guj93 , it was held;'when land is sought to be acquired for a company it ..... to ascertain whether, the land is adapted for a public purpose. all these are acts of an exploratory nature and are defined in sub-section (2) of section 4. section 5 provides for payment of all damages as a result of such acts, section 9(3) enjoins the collector to invite objections from all per-sons interested in the land and, after hearing them making any further ..... writ petition was, therefore, delayed.7. on behalf of the opposite-parties, it is argued that the above explanation is neither satisfactory nor reliable. the petitioner has not filed any medical evidence supporting the allegation that opposite party no. 4 was ill. if, as stated in the application opposite-party no. 4 was lying ill in the balrampur hospital after having ..... in question is suited.' this is the reason why no boundaries of the land need be given in the notification wider section 4 of the act.on the other hand, section 6(2) of the act lays down that the declaration under the said section 'shall be published in the official gazette, and shall state the district or other territorial division in which the land is .....

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Dec 20 1963 (SC)

Jabar Singh Vs. Genda Lal

Court : Supreme Court of India

Decided on : Dec-20-1963

Reported in : AIR1964SC1200; 1964MPLJ801(SC); [1964]6SCR54

..... unless of course, the statutory provision clearly precludes him from doing so. in saying this i am not suggesting that the respondent need make no averment in his pleadings making definite allegations regarding the particular votes regarding which he desires scrutiny and which he says have been wrongly counted either for or against him. let us take a case where the ..... interpret the provisions without advertence to the authorities to which our attention was invited during the course of the arguments. 35. section 100(1)(d) reads : '100. grounds for declaring election to be void - (1) subject to the provisions of sub-section (2) if the tribunal is of opinion - ...................................................... (d) that the result of the election, in so far as it concerns ..... or illegality involved in the reception or refusal of votes, the returned candidate is proved to have obtained a minority of votes, for otherwise whatever be the impropriety or its degree or extensiveness, the result of the election would not be materially affected. it is common ground and beyond controversy that the election petitioner is not restricted as regards the ..... ) reads as under :- (1) subject to the provisions of sub-section (2) if the tribunal is of opinion - (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the constitution or this act; or (b) that any corrupt practice has been committed by a returned candidate or .....

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Jul 05 1963 (HC)

Brahmo Samaj Educational Society and ors. Vs. West Bengal College Empl ...

Court : Kolkata

Decided on : Jul-05-1963

Reported in : AIR1964Cal48,67CWN878,[1963(7)FLR357]

..... with the argument that section 2(j) of the industrial disputes act defined the word 'industry' as a word of wide import and it would be necessary to read the word in' its widest denotation. mr. sanyal argued that any attempt at putting any artificial restraint on the word 'industry' would he unjustifiable and would defeat the purpose of the definition. in support of ..... physical, intellectual, moral and emotional development. to speak of this educational process in terms of industry sounds so completely incongruous that one is not surprised that the act has deliberately so defined workmen under section 2(f) as to exclude teachers from its scope.' 28. the work of imparting education is carried on with the assistance and co-operation of teachers. in the ..... a college and f. aclasses were opened in the year 1881 and b.aclasses in the year 1884. thus within a comparatively short period the institution developed intoa full-fledged degree college. the late anandamohan bose, as founder of the institution, madeover the college building to a body of trustees inthe year 1899 and subsequently, in the year 1905,the college ..... of trustees for the college. 10. in matter no. 19 of 1962 the petitioner is asutosh college a society registered under the societies registration act. the college, originally known as south suburban college came into existence in 1916, at the initiative taken by the general committee of south suburban school, which was itself a society, for imparting education to young-men in .....

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Jul 19 1963 (HC)

Patent and Trade Mark Agencies Employees Union Vs. William Frederic De ...

Court : Kolkata

Decided on : Jul-19-1963

Reported in : AIR1964Cal80

..... people of bombay. the supreme court observed that though the words used in the definition clause of section 2(j) of the act were of very wide denotation'a line would have to be ..... . that is why on broad and general considerations which cannot be ignored, a liberal profession like that of an attorney must, we think, be deemed to be outside the definition of industry under section 2(j).' the supreme court incidentally referred to tha view taken with regard to solicitors by learned judges of this court in brij mohan bagaria v. n. c. chatterjee ..... the main question was whether a group of hospitals which served as a clinical training grounds for students of the grant medical college, a government college run and managed by the state of bombay for imparting medical sciences leading to the degrees of bachelor of medicine and bachelor of surgery of the bombay university as well as various post-graduates qualifications of the ..... said university were an industry within the meaning of the act. there was no dispute that the hospitals were managed for providing medical relief and promoting the health of the .....

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Jun 19 1963 (HC)

Siddheswar Paul Vs. Prakash Chandra Dutta

Court : Kolkata

Decided on : Jun-19-1963

Reported in : AIR1964Cal105,68CWN30

..... is of his first submission. this i have explained above but, in my view, the said first submission has, evea apart from that, no substance. 76. under the act (section 2(h)), a 'person continuing in possession after the determination of his tenancy', is a 'tenant' until a decree or order is obtained against him for eviction, and, under ..... (i) that the payment must be made by the 15th of each succeeding month. i am unable to persuade myself that the legislature having in its section 17 laid down definitely that 'payments must be made month by month by the 15th of each succeeding month irrespective of whether there was a contract fixing a date of payment or not would ..... month.' 30. the learned judge said that he was unable to persuade himself that the legislature having laid down a definite period for payment in section 17 would still have contemplated that the payment within a different period as provided for in section 22 would still satisfy its conditions. the result was that an order was made striking out the defence. 31. the ..... . 96. in : air1958cal593 . das gupta, t. did not take the same view as renupada mukherjee, j. and found unable tot persuade himself 'that the legislature having in its section 17 laid down definitely that payments must be made month by month by the 15th of each succeeding month irrespective of whether there was a contract fixing a date of payment or not .....

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