Court : Delhi
Decided on : Oct-28-1969
Reported in : ILR1969Delhi953
..... derangement may be comprised. for the treatment of mental illness the legal definitions of idoicy or lunacy would nto be sufficient. thereforee, as observed in taylor op cit, (page 433), in. section 4(2) of the mental health act, 1959, a new concept of 'severe subnormality' has been adopted to include different degrees of unsound mind, e.g. 'idiots' 'imbeciles' and the lower grades of ..... the 'feeble minded' while the concept of 'subnormality' in section 4(3) thereof includes the majority of the 'feeble minded'. this shows that for the medical purposes, the approach ..... act, 1959, in the united kingdom, 'disorders of the mind are illnesses which need medical treatment'. the standpoint from which dr. ray should have examined and observed the wife was whether the disorder of her mind was an ..... some other relatives.(18) what is then to be understood from the bald statement of dr. ray that the wife is an idito firstly, dr. ray was deposing as a medical witness and nto as a legal expert. as observed by the report of the royal commission which led to the enactment of the mental health .....Tag this Judgment!
Court : Delhi
Decided on : Jul-03-1969
Reported in : 5(1969)DLT612
..... this court. let us now turn to the provisions relating to medical certificates. section 18 of the act provides as under :- '18 medical certificates.' (1) every medical certificate under this, act shall be made and signed by a medical practitioner or a medical officer, as the case may be, and shall be in the form prescribed. (2) every medical certificate shall state the facts upon which the person certifying has ..... before a magistrate under the provisions of section 13 or section 15, the magistrate may, by an order in writing, authorise the ..... facts (if any) indicating insanity communicated to him by otherspending report by the medical officer, the alleged lunatic is of course jiable to be detained and provision for such detention is contained in section 16 of the act. this section may now be read :- '16.detention of alleged lunatic pending report by medical officer. (1) when any person alleged to be a lunatic is brought .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-03-1969
Reported in : AIR1970Bom385; (1969)71BOMLR758; 1970CriLJ1427; ILR1970Bom464
..... when he assaults the accused in his custody during the course of investigation and as such he is not entitled to the protection under section 161 of the bombay police act or the corresponding section 53 of the madras police act. 12. there are thus cases and cases decided on the peculiar facts obtaining therein. there is no difficulty in ascertaining the precise principles ..... ) , matajog dobey v. h.c. bhari and also : air1963sc849 , virupaxappa v. state of mysore. in hori ram singh's case the federal court was dealing with a situation where a medical officer had scrumptiously removed certain medicines belonging to the hospital without making any entries in the stock-books of medicines, as required under the rules. he was prosecuted for offences ..... of the kalyan municipality and a social worker. on 3-1-1968 he filed the present complaint against the two accused alleging that they committed an offence under section 500, i.p.c.. on 2-1-1968 at about 6-30 p.m., when accused no. 1 performed the opening ceremony of a centre of distributing milk powder at kalyan, at the ..... , however, disputed the second claim of accused no. 1 that he was only removable by or with the sanction of the state government. according to mr. patel, under article 164(2) of the constitution, the council of ministers shall be collectively responsible to the legislative assembly of the state, and the implication of this constitutional provision is that adverse vote in .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-24-1969
Reported in : [1970(20)FLR355]; ILR1969KAR581; (1970)IILLJ738Kant; (1970)1MysLJ191
..... the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing, it is hereby enacted as follows :-' 7. section 2 of the act contains definitions of certain words and expressions occurring in the act. clause (k) of s. 2 defines 'industrial dispute' as any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, ..... of a smaller magnitude. by so doing the legislature does not violate art. 14. 39. so long as discharge, dismissal, retrenchment, or termination of services, is of greater degree of consequence to an individual workman than any other grievance in regard to his employment or conditions thereof, it is open to the legislature to provide for a special remedy ..... porcelain potteries v. nash (1961) 3 all e.r. 203. under section 18 of the workmen's compensations act, 1928, compensation was payable in respect of scheduled industrial diseases which did not include silicosis. but the amendment act of 1946, it was provided, inter alia, that where a medical practitioner certifies that a worker is suffering from a disease and is thereby ..... disabled from earning full wages at the work at which he was employed, the worker shall be entitled to compensation under the principal act as if the disease was a .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-24-1969
Reported in : AIR1970Kant171; AIR1970Mys171
..... for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing, it is hereby enacted as follows:8. section 2 of the act contains definitions of certain words and expressions occurring in the act. clause (k) of section 2 defines 'industrial dispute' as any dispute or difference between employers and workmen, or between workmen and workmen, which is connected with the ..... of a smaller mangitude. by so doing the legislature does not violate article 14.37. so long as discharge, dismissal, retrenchment, or termination of services, if of greater degree of consequence to an individual workman than any other grievance in regard to his employment or condition thereof, it is open to the legislature to provide for a special remedy ..... sunshine porcelain potteries v. nash, (1961) 3 all er 203. under section 18 of the workmen's compensation act, 1928, compensation was payable in respect of scheduled industrial diseases, which did not include silicosis. by the amendment act, of 1946, it was provided, inter alia, that where a medical practitioner certifies that a worker is suffering from a disease and is thereby ..... disabled from earning full wages at the work at which he was employed, the worker shall be entitled to compensation under the principal act as if the disease was a .....Tag this Judgment!
Court : Delhi
Decided on : Jun-10-1969
Reported in : 6(1970)DLT25
..... that when a complaint is made to a criminal court against any police-officer and makes allegations indicating that the police-officer had acted or purported to act under section 127 and 128 of the code and in so doing committed some offence complained of, the court will nto entertain the complaint ..... only in connection with the entrustment and does nto necessarily enter into the later act of misappropriation or conversion'. in gill v. the king(2) the accused was charged with an offence under section 161 for taking bribe, and under section 120-b, indian penal code, for conspiracy. question arose whether it was ..... whom he is examining, though the examination itself may be such an act. the test may well be whether the public servant ..... or purport to act as a public servant in picking the pocket of a patient ..... act or to purport to act in the discharge of his official duty, if his act is such as to lie within the scope of his official duly. thus, a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-03-1969
Reported in : AIR1970AP13; 1970CriLJ26
..... to which i would like to refer though it is not in point. construing the words 'assessment made under the act' occurring in section 67 of the indian income tax act 1922 in raleigh investment co. ltd. v. governor-general in council, (1947) 2 mad lj 16 = (air 1947 pc 78) their lordships observed:-'the obvious meaning, and in their lordships' opinion the correct ..... examination itself my be such an act. the test may well be whether the public servant, if challenged, can reasonable claim ..... act as a public servant in picking the pocket of a patient whom he is examining, though the ..... be said to act or to purport to act in the discharge of his official duty, if his act is such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-17-1969
Reported in : AIR1970SC1421; [1969(19)FLR46]; 1970LabIC1182; (1971)IIMLJ19(SC); (1969)3SCC913; 2SCR935
..... clause 5 thereof a proviso that in cases where there has been termination of service on account of an employee found guilty of act or acts involving violence against the management or other employees or riotous or disorderly behavior in or near the company's premises, the company ..... property, which may be compensated by forfeiture of gratuity or part thereof, and serious misconduct which though not directly causing damage, such as acts of violence against the management or other employees or riotous or disorderly behavior, in or near the place of employment is conducive to grave ..... attendance, habitual negligence and neglect of work on the other hand are riotous or disorderly behavior during working hours at the establishment or any act subversive of discipline, wilful insubordination or disobedience. misconduct, falling under several of these latter heads of misconduct may involve no direct loss or ..... that the tribunal was not justified in throwing on the company the entire burden of medical expenses including the cost of hospitalisation even in cases of major diseases which workmen might suffer or contact, (2) that it was no part of the employer's obligation to provide for such ..... delhi cloth & general mills case : (1969)iillj755sc : (1969)iillj755sc that acts amounting to misconduct as defined in the standing orders, where they are made, or the model standing orders, where they are applicable, differ in degree of gravity, nature and their impact on the discipline and the working of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-1969
Reported in : (1970)1SCC75; 2SCR559; 1969()WLN59
..... the minimum qualifications for principals of affiliated colleges in the faculty of medicine etc., are prescribed in part x(b)(3) and they read as under :master's degree or equivalent post-graduate qualification or a higher one in one of the branches in which the college is affiliated with a minimum professional experience of 20 years, of which ..... with the act and statutes, to provide for the matters listed in section 29. these matters include in clause vi 'emoluments and conditions of service of university teachers.' but ..... not easy for us to hold that ordinance no. 65 is a provision under an act, regulating the recruitment and conditions of service of persons appointed to rajasthan medical service, as contemplated by article 309 of the constitution. shri gokhale referred us to entry 41 in list ii of 7th schedule of the constitution which deals with the subject, inter alia, of ..... . the university of rajputana act of 1946 (hereafter called the act) under which ordinance no. 65 was made was enacted to incorporate the university of rajputana. the name of the university was changed in 1956 to the university of rajasthan. the syndicate of this university constituted under section 21 of the act is empowered under section 29 read with section 30 to make ordinances, consistent .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1880)ILR2All522
..... , but only the blows themselves, inflicted, as these were, suddenly, under an impulse momentarily excited and not arising from any actual malice against the man.*'voluntarily.'[section 39:--a person is said to cause an effect ' voluntarily ' when he causes it by means, whereby he intended to cause it, or by means which ..... the portion of the court's letter (i.e. the court's first letter to the local government) thus referred to is in these terms:--'the medical evidence shows that the spleen was in a diseased condition; that death was caused by the rupture of the spleen; that this injury might have been ..... was committed or inflicted so recklessly as to show that the offender was utterly regardless of the consequences of his act. but in the present case the evidence falls considerably short of such a degree of criminality: it simply amounts to this, that very early on the morning of the 30th august last fox, ..... of culpable homicide. unless it be proved that a person who has caused the death of another caused death with the intention--(i) to cause death; (ii) to cause bodily injury likely to cause death; (iii) to cause such bodily injury as he knew to be likely to cause death to the ..... by the government in its judicial capacity, had not heard and determined the matter in the usual way, but simply by letter in reply to the government.2. the case has now according to. the course of the court come on for hearing and disposal by myself, both prosecutor and accused being professionally represented .....Tag this Judgment!