Court : Chennai
Decided on : Apr-20-1970
Reported in : (1970)2MLJ429
..... mind. i am not going to lay down any test of the degree of unsoundness of mind necessary for the purposes of the matrimonial causes act, because to do so would serve no useful purpose, and might create difficulties.the medical evidence showed, as in the instant case, that there were small improvements ..... a petition in february, 1958 for divorce on the ground that her husband was incurably of unsound mind within the meaning of section 1 (1) (d) of the matrimonial causes act, 1950. having regard to the condition of the husband, the question was considered whether he could be held to be a ..... future. the state of mind envisaged was accordingly a degree of unsoundness. or incapacity of mind properly called insanity. if a practical test of the degree is required, i think it is to be found in the phrase used in section 90 of the lunacy act, 1890--' incapable of managing himself and his affairs ..... satisfied beyond reasonable doubt as to the commission of the matrimonial offence, he would be satisfied within the meaning of section 14 of the indian divorce act, 1809. in lachman utamckand v. meena : 4scr331 , which was a case of judicial separation for desertion by the wife ..... the hindu marriage act, 1955, has to establish. that section reads thus:13. (1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:(i) ...(ii) ...(iii) has .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Jan-19-1970
Reported in : 1970CriLJ1720
..... been propounded in air 1943 qudh 233. in : 1967crilj653 the view laid down is that though a magistrate enquiring into case under section 209 is not to act as a past office and has to come to a conclusion whether the case before him is fit for commitment, it is not ..... sessions judge and also of the high court. their lordships of supreme court proceeded to observe that questions relating to conclusive nature or otherwise of medical evidence, and the appreciation of other evidence were matters on which another court could take a different view. the sufficiency of the ground to ..... evidence forthcoming in the case there was even no circumstantial evidence worth the name to connect the accused with the alleged act of murder of the deceased. the medical evidence did not say as to how the deceased had sustained injuries and this kind of evidence could not be made basis ..... evidence extant on the record against the accused and as such the committing magistrate should have proceeded to frame charges against them under the appropriate section and should not have discharged them on the ground that there was absolutely no evidence against them. the order of the learned sessions judge ..... aside the order of discharge and directed the committing court to frame charges against the accused under the appropriate section. the accused petitioners have come up in revision before this court.2. i have heard the counsel for the petitioner and also the learned additional advocate-general appearing for the state .....Tag this Judgment!
Court : Chennai
Decided on : Feb-04-1970
Reported in : AIR1970Mad487; (1970)IILLJ211Mad; (1970)2MLJ61
..... of this case which support this conclusion of mine. consequently. i am of the opinion that the appeal preferred by the first respondent to the second respondent under section 41(2) of the act is incompetent and the second respondent had no jurisdiction whatever to pass the order in question.normally speaking, this conclusion of mine would be sufficient to dispose of the ..... certificate. the first thing is that the doctor who gave the certificate, though of the rank of a civil surgeon was merely a reader in paediatric surgery, in the madurai medical college and paediatric surgeon, erskine hospital, madurai. secondly, the doctor in his certificate does not say that he examined the first respondent and as a result of such examination, come ..... to the conclusion that the first respondent's services had not been terminated in the manner contemplated by section 41 of the act the second respondent recorded;'as already observed, the respondent (petitioner herein) was not able to explain for having accepted horoscope and medical certificates as proof of age in respect of certain other employees and not having accepted them as satisfactory ..... was a recent one fabricated and written for the purpose and its authenticity and antiquity were both denied. the further case of the petitioner was that the horoscope and the medical certificate were not admissible forms of proof of age and the petitioner would not be bound to accept the same. the second respondent herein considered the case of the parties .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-17-1970
Reported in : AIR1971MP168; 1971MPLJ411
..... having no menses, it could not be held that she was incapable of sexual intercourse, or there was any incapacity to consummate the marriage. in mody's medical jurisprudence and toxicology, p. 308, 16th edition, it is observed that 'the conical cervix and the absence of the uterus, ovaries or fallopian tubes produce sterility, though allowing the gratification ..... husband did not enter the witness-box to prove that the marriage was, in fact, not consummated. it must be remembered that the parties lived together for four years.the medical evidence to which reference has already been made does not show any incapacity of sexual intercourse. simply because the ovaries of the wife were not developed, or that she was ..... had examined the wife. according to her statement, shewanti was suffering from sterility and amenorrhoea. i.e. no menstruation. she said that although she had given the necessary operative and medical treatment to shewanti, there was no sign of menstruation. for further investigation, laparotomy was performed, which showed that the uterus was normal, but the right tube and ovary were small ..... . this is an appeal under section 28 of the hindu marriage act against a decree of nullity by the district judge, chhindwara.2. the appellant smt. shewanti and the respondent bhaurao were married sometime in 1963. they lived together till 1967. on february 1, 1968, the husband made an application under section 12(1)(a) of the hindu marriage act that the wife was impotent .....Tag this Judgment!
Court : Orissa
Decided on : Feb-03-1970
Reported in : 1971CriLJ442
..... they had a right to get rid of the obstruction then and there by binding down the complainants or removing them from the place might be mistaken, but, they were definitely related to the performance of their official duties.5. it is unnecessary to refer to a large number of other ca3es cited at the bar which more or less are ..... -4-1966, the certificate officer set aside the certificate on the ground that the state aid had nor, been terminated under section 19a of the bihar and orissa state aid to industries act and as such the certificate filed is not regular.2. on 14-7-1966, the petitioner filed a complaint petition in the court of the sub-divisional magistrate, cuttack alleging ..... discharge of his official duty in receiving a bribe in connection with a judgment delivered by him, although the judgment was as official act, and that similarly, a government medical officer could not be said to have acted or purported to act as a public servant in picking the pocket of a patient whom he was examining, although the examination itself was an official ..... act. according to their lordships, the test is whether the public servant, if challenged, can reasonably claim that, what he did, was by virtue of .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Nov-16-1970
Reported in : 1971CriLJ300
..... against the respondent-complainant in particular.22. from this point of view also no case is made out against the petitioner for being prosecuted under section 501, &. p.c.23. the result is that the complaint pending before the sub-registrar, judicial magistrate ist class, jammu against the petitioner ..... to have committed some embezzlement; first he was asked to deposit rs. 3,040/- which he did as the price of the goods found short:(ii) then according to the complainant him. self he was further asked by a notice to deposit bs. 4,200/- again as due from him ..... quashing of the original proceeding in the complaint filed by the complainant against the petitioner under section 504, r. p.c.2. the original complaint of the respondent states that the respondent complainant was a salesman in the wholesale co-operative limited, jammu, ..... medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. the test may well be whether the public servant, if challenged, can reasonably claim that, what he does, he does in virtue of his office. a public servant charged with an offence under section ..... the learned sessions judge, jammu, dated 28.2.1970 whereby he has set aside the order of discharge passed by the sub-registrar, judicial magistrate 1st class, jammu and sent the cage back to him for rehearing; or in the alternative under section 561 a, criminal p.c., seeking the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-29-1970
Reported in : AIR1970SC1578; (1970)2SCC152; 1SCR426
..... exempt from tax as agricultural income. it was held that the dividend income was not agricultural income but was income assessable under section 2 of the aforesaid act. according to that decision, the object underlying section 2(1) of the income-tax act was not to subject to tax either the actual tiller of the soil or any other person getting land cultivated by others for ..... statement of case had been carried on by the assessee involving considerable amount of expenditure of human skill and labour was agricultural income within the meaning of section 2(1) of the indian income tax act. 1922. it was in this connection that observations were made with regard to the primary sense in which the word 'agriculture' was used and what the meaning ..... court, with respect, have no bearing on the question which arose in the present case. it is well known that modern agricultural farming which has become mechanised involves a high degree of organisation, technical skill etc. in the same way as a well run industry. if agricultural production has to be obtained with optimum results it is necessary that there should ..... case of the appellant it engages on each farm a manager with necessary technical, clerical and menial staff to assist him. these persons are also provided accommodation and facilities for medical treatment and are given certain other necessary allowances. it is claimed that the whole establishment is maintained exclusively for the purposes of the farm.3. the appellant opted to be .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-04-1970
Reported in : AIR1971AP41; 41CompCas814(AP)
..... the members of his family or others. further, these bills do not show that they were purchased under the prescription given by any registered medical practitioner.33. the scope of section 45 of the act has been explained by a division bench of this court in new india assurance co. v. t. s. raghavareddi, : air1961ap295 ; ..... him that he did not know venkateswarlu before and that at avanigadda, which is close to the village of late venkateswarlu, there were medical practitioners with m. b., b. s. degree.there is no special reason why venkateswarlu should have approached d. w. 3 when he was in a position to go to avanigadda, ..... the answers, were all recorded by seshacharyulu and his confidential report is on the same lines as ex. b-2.28. ex. b-12 is another proposal form dated 22-7-59 and the medical examiner is one g. subba rao, who recorded the answers. he examined the insured at his clinic and ..... (i) that since the day of my examination for the above-mentioned policy, i have had no sickness ailment or injury whatever except as follows and' (ii) i have not been attended, nor prescribed by any physician, except as follows:' there was also a clause in the application form, which says that 'if ..... conditions which require to be satisfied are: (1) the statement must be on a material matter or must suppress facts which it was material to disclose; (2) the suppression must be fraudulently made by the policy-holder, and (3) the policy-holder must have known at the time of making the statement that .....Tag this Judgment!
Court : Kerala
Decided on : Nov-17-1970
Reported in : 84ITR119(Ker)
..... 36 (s.c.). this decision was rendered under the indian income-tax act, 1922. the definition of ' charitable purpose ' has been altered by the income-tax act, 1961, and the present definition is contained in section 2(15) of that act reading as follows:'2. (15) ' charitable purpose ' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not ..... of ayurvedic medicines cannot be disassociated from the other objects and treated as a separate object by itself. taken as a whole, the object was clearly medical relief coming within section 2(15) of the income-tax act, 1961.'7. the words in the definition ' not involving an activity for profit' qualify only the general public utility mentioned as the fourth category in the ..... involving the carrying on of any activity for profit.'6. it will be seen from the definition that if any other ..... the object of the arya vaidya sala is not medical relief or education or relief of the poor and can fall, if at all, only under the 4th category, and intrinsically mixed up with an activity for profit. it thus falls outside the ambit of the definition in section 2(15) of the income-tax act, 961. the answer to questions nos. 1 .....Tag this Judgment!
Court : Chennai
Decided on : Apr-15-1970
Reported in : (1970)2MLJ422
..... is necessary.in assessing the value of her evidence her conduct immediately after the offence is committed is of great value. such conduct is relevant under section 8, evidence act. a complaint relating to the crime in circumstances under which it was made and the terms of it are relevant, whereas a mere statement that ..... the crime that she had been ravished by the accused is relevant and material as corroborative evidence under section 157 of the evidence act and also as the evidence of her conduct under section 8 of the evidence act. i have no hesitation in holding that the evidence of p.w. 1 is corroborated by the ..... afraid this argument lacks substance. i have carefully considered the facts of the evidence given by p.ws. 1 and 2. the finding of the learned judge on this matter is correct. the explanation to section 376, indian penal code, is very clear. p.w. 1 says that the male organ of the accused went ..... testimony of p.ws. 3, 4 and 5. it is further corroborated by the medical testimony of p.w. 2.11. let us examine the few leading ..... the present case, there was certainly penetration, as the medical evidence shows, though it was slight.10. on the evidence of p.ws. 1 and 2, i have no hesitation in holding that the accused is guilty of the offence of rape and his conviction under section 376, indian penal code, is proper and correct. it .....Tag this Judgment!