Court : Delhi
Decided on : Nov-19-1973
Reported in : ILR1973Delhi1081
..... word ' category' is defined in section 2(c) to mean a 'group of posts specified in column 2 of the table under rule 4'. the table in rule 4 gives the categories of supertime grade ii, specialists' grade, general duty officers, grade i, etc. it is significant that this definition is different from the definition of 'category' in rule 2 (b) of the old rules ..... down the educational and other qualifications required for the posts in various categories. for supertime grade ii, the qualifications are as follows:- (1)a basic medical qualification under the indian medical council act, 1956. (2) post-graduate degree or diploma qualifications mentioned in annexure ii or equivalent.(7) annexure ii to the second schedule lists the various specialities in medicine and public health and enumerates the ..... the service were already occupying posts and held liens on them at the initial constitution of the service in 1963 shows that these posts existed from before 1963. the very definition of' departmental candidate' shows that these departmental candidates were in the department from before 1963. secondly. the first lilies were made in 1959 which also shows that persons ..... . this recognises the existence of rules different than these rules relating to the post. such different rules must, thereforee, be prior to these rules. the definition of ' departmental candidate' in rule 2 (f) of the old rules of 1963 is also the sams with the difference that such a candidate could be one who held any of the posts .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC136; (1974)ILLJ97SC; (1974)3SCC601; 2SCR128; 1974(1)SLJ272(SC)
..... formed the basis of the impugned action. that apart, in its view the impugned action came within the provisions of section 11a of the industrial disputes act-hereinafter called 'the act'-according to which it would be the duty of the court to satisfy itself whether the order or dismissal or discharge ..... further found that merely because his leave application was presented in a particular manner, and because it was accompanied by a certificate from a registered medical practitioner a vaidya, no inference would arise that the grounds urged were absolutely false. in the view of the special labour court the management ..... class iii and iv only and the chairman or the sub-committee may authorise appointment of suitable candidates to vacant posts in class i & ii. it is admitted that the post held by the respondent falls in one of the categories mentioned in the above rule. in these circumstances ..... a declaration has not been signed by the respondent and, therefore, those rules are not applicable to him. it is also evident that rule 2(b) states that 'these rules are applicable to every wholetime employee of the corporation, provided that employees under specific agreement or arrangement shall not be ..... suffers from gross and palpable error occasioning manifest and substantial injustice : per hidayatullah, j., in kamani metals & alloys ltd. v. their workmen  2 l.l.j. 56.11. it may, however, be stated that this court does not generally entertain pleas on questions of fact or interfere with .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-13-1973
Reported in : AIR1973Cal519
..... transferred to the state of west bengal and was to remain under the control and management of the state government. i shall hereinafter refer to the provisions of sub-sections (2) and (3) of section 3 of act xvii of 1967 which provided for recognition of deeds of gifts and endowments etc. made to this institution and for continuance of its contract, debts etc ..... to be construed as if they were executed in favour of the state government (vide section 3 (2) of the act). under sub-section (3) all contracts, debts and liabilities of the institution were to be deemed to be contracts, debts and liabilities of the state government. therefore, the agreement entered ..... down' meant such qualifications as were laid down at the time of the acceptance of the gift by the petitioner no. 1. after transfer of the institution under section 3(2) of the west bengal act xii of 1967 all deeds of gift, endowment, bequest, trust or otherwise covering all properties and assets referred to in sub-clause (c) of clause (1) were ..... into between the petitioner and the calcutta national medical institute and embodied in the letter dated the 6th august, 1964 on and from the appointed day shall be deemed to .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-07-1973
Reported in : 1973CriLJ1447; 1973()WLN160
..... . on the facts it was held in these authorities that it is not every offence committed by the public servant that required sanction for prosecution under section 197(1), criminal p. c. but if the act complained of is directly concerned with his official duty, then sanction would be necessary and that would be so irrespective of the fact whether it was ..... examination itself may be such an act. the test may well be whether the public servant, if challenged, can reasonably claim ..... 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 act as a public servant in picking the pocket of a patient whom he is examining, though the ..... submitted this reference to this court, recommending that the order of the munsiff-magistrate, phalodi, dated august 20, 1969, in so far as lakhpat raj is concerned, should be quashed.2. i have heard learned counsel representing lakhpat raj. i had had also an opportunity of receiving assistance from learned deputy government advocate in the matter. nobody is present on behalf .....Tag this Judgment!
Court : Chennai
Decided on : Nov-15-1973
Reported in : 100ITR669(Mad)
..... the settlement deeds were executed in fulfilment and discharge of a legal liability cast on a hindu father to maintain and educate his sons, especially, minors. section 20 of the hindu adoptions and maintenance act, 1956, dealing with the right of maintenance of children and aged parents, states that a hindu is bound during his lifetime to maintain his legitimate or ..... or mother so long as the child is a minor. section 3(b) defines 'maintenance' as including in all cases provision for food, clothing, residence, education and medical attendance and treatment. it is true that the act came into force on ..... december 21, 1956, subsequent to the execution of these settlement deeds. but, as held by the supreme court in nanak chand v. chandra kishore aggarwal : 1970crilj522 , the act is one ..... illegitimate children and his aged or infirm parents. clause (2) of that section provides that a legitimate or illegitimate child may claim maintenance from his or her father .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-22-1973
..... that a person convicted of that crime shall be punished by imprisonment for not less than one nor more than 10 years. section 21202(a) states the exception and removes from 1201's definition of criminal abortion, and thus makes noncriminal, an abortion "performed by a physician duly licensed" in georgia when, based upon ..... (c) any solicitor general of the judicial circuit in which an abortion is to be performed under this section, or any person who would be a relative of the child within the second degree of consanguinity, may petition the superior court of the county in which the abortion is to be performed ..... older than our political parties, older than our school system. marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred." " id. at 381 u. s. 486 ." the district court in doe held that griswold and related cases "establish a constitutional ..... the abortion was unjustified. (4) self-abortion. a woman whose pregnancy has continued beyond the twenty-sixth week commits a felony of the third degree if she purposely terminates her own pregnancy otherwise than by a live birth, or if she uses instruments, drugs or violence upon herself for that ..... be page 410 u. s. 219 approved in advance by a committee of the medical staff of that hospital. [ footnote 2/10 ] physicians, who speak to us in doe through an amicus brief, complain of the georgia act's interference with their practice of their profession. the right of privacy has no more .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-04-1973
Reported in : AIR1973Cal545,78CWN36
..... pp. 282-283, it was held amongst other things following the principle laid down in danial mcnaughten's case that the medical science might have a long category of various degrees of abnormality considered to be insanity but that is not the legal view. 'the law has set up a very high standard ..... at the time of marriage. for, question often may and in absence of statutory meaning given under the act as to what is lunacy or who is a lunatic person. in absence of any such definition, the word 'lunacy' must be taken in its ordinary significance i.e. a person suffering from unsoundness ..... that apparently they could not detect anything unnatural but from certain behaviour they suspected something wrong but at the same time witness no. 2 suggested to the appellant for medical treatment to which the appellant did not respond excepting saying that he suspected her to be a lunatic. it may be taken ..... a lunatic from long before the marriage and she was not cured by treatment. 4. it is also alleged that the father, the respondent no. 2. concealed the lunacy of the first respondent at the time of negotiation of marriage and obtained the appellant's consent by such fraudulent concealment and false ..... of his marriage with respondent no. 1, the wife, as nullity and for consequential reliefs, preferred in this court briefly, in the following circumstances : 2. shortly put, the petitioner's case is that on the negotiations of the appellant's uncle and other relations and the father of the first respondent, .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-09-1973
Reported in : (1975)IILLJ45Bom
..... admission to, the discipline in and punishment for misconduct in the profession. there is an appeal to the supreme court of india. similarly, in the case of the medical profession, there are medical councils which control the admission to, the discipline in and punishment for misconduct in the profession. high academic or professional qualifications are prescribed for admission to the profession. ..... man which he brings into the practice of his profession must be intellectual skill or manual skill controlled by intellectual skill. apart from the skill there should be a degree of intelligence and integrity and above all the professional man should be member of an organised profession for admission to which high academic or professional qualifications are required and the ..... and the cause of loss, damage or injury to goods in transport or to motor vehicles which have been insured against such risks. they state that this requires a high degree of personal skill, accuracy, observation, independence of judgment and integrity, and that their clients approach them with entire confidence in their skill, intelligence and integrity. 3. it might ..... indicate that the remaining sections not so specified would apply to them and if that is so, they must be and are establishments under s. 2(8) of the shops act. without anything more, one would be inclined to come to the conclusion that even in the case of legal practitioners, their offices would fall within the definition of establishments and would .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-26-1973
Reported in : (1974)76BOMLR511
..... , which, in our opinion, is not assailable, mr. lokur, the learned counsel appearing for the respondents, drew our attention to the definition of liquor contained in section 2(0, which is as follows:2.(1) 'liquor' includes spirits of wine, ethylated or denatured spirits, spirits, wines, toddy, beer, feni and all liquids consisting of or ..... . it is a well-settled rule of law that all charges upon the subject must be imposed by clear and unambiguous language, because in some degree they operate as penalties: the subject is not to be taxed unless the language of the statute clearly imposes the obligation, and language must not ..... bulk litre.(4) country liquor 1.00 per proof litre.(5) rectified spirit or absolute alcohol except when used for manufacture of liquor or for medical purposes 0.50 per proof litre.(6) for blending of country liquor. 0.50 per bulk litrein addition tothe duty onmanufacture.part brates of countervailing duty ..... 4 of part a of the schedule.10. mr. sorabjee has drawn our attention to the schedule annexed to the goa, daman and diu excise duty act, 1964, which also seems to have been drafted by the ministry of law, government of india, in which denatured spirit is mentioned as sr. no. ..... be strained in order to tax a transaction which, had the legislature thought of it, would have been covered by appropriate words. 'in a taxing act', said rowlatt j., 'one has to look merely at what is clearly said. there is no room for any intendment. there is no equity about a .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-27-1973
Reported in : AIR1974P& H225
..... rs. 100/- per month with effect from the date (15-4-1972) of her application made in the court of first instance under section 24 of the act. there is no interference with the amounts fixed as litigation expenses in the two courts. the parties shall bear the costs incurred by them ..... also been held by a division bench of this court in usha v. sudhir kumar, ilr (1973) 2 punj and har 248, that in the wife's application under section 24 of the act, the provision for necessities of the minor children can also be taken into account while fixing the quantum or ..... we have also to keep in mind that both the children are not keeping good health and the mother has to bear the expenses of their medical treatment. considering the times, the expense of bringing up the two minor children with indifferent health would be quite heavy. according to the accepted notions ..... and her husband shri raghbir singh, respondent, is a foreign qualified engineer. she feels, naturally, aggrieved and has come up in appeal.2. the parties were married in 1965 and could live together for hardly a couple ..... section 24 of the act. the husband's application for interim maintenance was dismissed and he has not filed any appeal. the wife, shrimati balbir kaur, m.a., b.ed., was granted interim maintenance at the rate of rs. 35/- per months by the learned trial court in spite of the fact that she is possessed of multiple academic degrees .....Tag this Judgment!