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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1973 Page 11 of about 344 results (0.237 seconds)

Jul 05 1973 (HC)

Shantilal Agarwal Vs. Smt. Ramabai and ors.

Court : Rajasthan

Decided on : Jul-05-1973

Reported in : AIR1974Raj69; 1973()WLN561

..... ground that the testator was not authorized to alienate the immoveable property belonging to the hindu coparcenary. thus the case is distinguishable.7. in air 1927 lah 890 the plaintiff definitely allegd that the will had not been executed by the deceased and was a forgery and he further asked for a perpetual injunction to be issued directing the defedant to ..... lah 890 and mathura prasad v. ram lal air 1934 oudh 505.6. in 36 ind cas 95 - (air 1916 lah 21) it was observed that suit for cancellation of will falls under section 7, para 4. clause (c), of the court-fees act, vii of 1870. it was further observed that the plaintiffs were bound to ask for consequential relief, in the ..... -registrar registering the will may also be cancelled. it was held that in regard to court-fee payable, the provision applicable to the case is not section 7 (iv) a or section 7 (iv) (c) but schedule 2 17-a (1) because the suit must be treated as one for declaration without consequential relief,11. two cases of this court,--lal singh v ..... by 25th november. 1972. the plaintiff applied for review of this order but was unsuccessful. the time for paying the deficit court-fee was however, extended upto 19th january. 1973.2. aggrieved by the order dated 31st october. 1972 and the order dated 5th january. 1973, passed on review application, the plaintiff has filed this revision application the revision application is .....

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Jul 17 1973 (HC)

Life Insurance Corporation of India Per Its Divisional Manager, Hydera ...

Court : Andhra Pradesh

Decided on : Jul-17-1973

Reported in : AIR1975AP68

..... died of jaundice in the gandhi hospital on 4-11-1966.3. the learned counsel for the life insurance corporation urges that under- section 45 of the insurance act the insurer has the right to repudiate a policy on the ground that a statement made in the proposal for insurance or in any ..... has not suffered from headache or indigestion at sometime or the other.'one can also imagine a doctor with an m. b. b. s. degree telling the insured 'i do not want to know the names of all the persons who gave you medicine sometime or other. tell me the ..... from indigestion between 14-10-1965 t and 28-10-1965 and had taken a 'choomam' from dr. a. ananthaswamy, an ayurvedic practitoiner. the medical examiner who examined keshavdas jamnadas after the personal statement was recorded submitted a confidential report to the life insurance corporation of india, again in a printed ..... himself that the answers had been correctly recorded. the alleged false particulars in the personal statement are these. to question 4 (d) 'have you consulted a medical practitioner within the last five years?' the answer was 'no'. to question 6 (d) 'have you ever suffered from any of the following ailments, sprue, ..... any untrue averment, the contract shall be absolutely null and void. on 18-2-1966 he made a personal statement' before the medical examiner appointed by the life insurance corporation of india and was then examined by the medical examiner. the personal statement was in the form of printed questions and written answers .....

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Oct 19 1973 (SC)

Swarajya Lakshmi Vs. Dr. G.G. Padma Rao

Court : Supreme Court of India

Decided on : Oct-19-1973

Reported in : AIR1974SC165; (1974)1SCC58; [1974]2SCR97; 1973(5)LC903(SC)

..... must conclude that leprosy is as contagious or more contagious than is would be advisable to state simply that leprosy is contagious and omit any reference to the degree of communicability until more factual information is available.iii. manson's tropical diseasesbysir philip h. manson-bahr(sixteenth ed.)at page 490 :lepromatous leprosy.-this is the type seen in ..... whether the appellant's leprosy was of the incurable and virulent type.2. before considering the medical authorities on the subject we should consider the scope and intent of the provisions of the hindu marriage act under which leprosy may sometimes be a good ground of divorce. section 13(1) of the said act is in the following terms :-13. (1) any marriage solemnised, whether ..... , 1969 the division bench allowed the appeal, set aside the order of the court below and granted a decree for divorce in favour of the respondent under section 13(1)(iv) of the said act. from this judgment, appellant swarajya lakshmi has now come by special leave on appeal to this court. the main controversy between the parties before us turned round ..... throughout human history in all countries throughout the world and that we should take up at very humane and balanced outlook and accept leprosy 'as simply another disorder that requires medical attention'. we have no doubt that this is absolutely correct about what should be the social approach to leprosy but to our mind this should not provide any justification for .....

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Jul 30 1973 (HC)

Veeramachaneni Gangadhararao Vs. Kanuri Venkatgeswara Rao and ors.

Court : Andhra Pradesh

Decided on : Jul-30-1973

Reported in : AIR1974AP289

..... claim for an account from the manager. in the first case, the possession of the defendant not being lawful, the plaintiff is entitled to recover 'mesne profits' as defined in section 2, clause (12) of the civil procedure code, such profits being really in the nature of damages. in the second case the possession and receipt of profits by the defendant not being wrongful ..... . (1) suits for ejectment or recovery of possession of immovable property from a person in possession without title, together with a claim for past or past and future mesne profits ; (2) suits for partition by one or more tenants-in-common against others with a claim for account of past or past and future profits ; (3) suits for partition by a ..... 12, civil p. c., can be granted after the suit has been finally disposed of in appeal, without providing for that relief in the decree, arises under the following circumstances :2. o. s. no. 5/55 was filed in the court of the principal district munsif, gudivada for possession of the plaint schedule properties and for past profits and a decree .....

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Mar 15 1973 (HC)

Brij Bhushan Dubey and ors. Vs. Paraidhan Dubey and ors.

Court : Allahabad

Decided on : Mar-15-1973

Reported in : AIR1974All102

..... hasan atr 1944 oudh 250 it was held that failure to sue within the period of three years under article 47 of the limitation act after an order under section 145, criminal procedure code does not necessarily bar a subsequent suit. the onus lies on those who plead the bar to show that the necessary ..... partition by a co-sharer inasmuch as on the facts of the present case we find it unnecessary to do so.3. under section 28 of the limitation act the right of a person to claim possession is extinguished if another person takes possession to the exclusion of the rightful owner in assertion ..... said order and we are, therefore, of the opinion that the claim of the appellants was not barred by article 47 read with section 28 of the indian limitation act. the consolidation authorities have committed a manifest error of law in taking a contrary view.7. in the result, the appeal is allowed ..... and exclusion and ouster following thereon for the statutory period. there can be no question of ouster if there is participation in the profits to any degree.4. in view of the fact that successive claims of the appellants for profits were decreed and, in fact, one of them on the basis ..... criminal p. c. their rights got extinguished by virtue of section 28 of the indian limitation act. the appellants instituted a writ petition in this court which has been dismissed by a learned single judge on the same ground. hence, this special appeal.2. article 47 aforesaid provides three years as the period of limitation .....

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Dec 06 1973 (HC)

E.S.i.C. Vs. Sri Krishna Bottlers (P) Ltd.

Court : Andhra Pradesh

Decided on : Dec-06-1973

Reported in : (1977)IILLJ227AP

..... add any words to, or omit to read any expression in, the definition of 'employee' under section 2(9). this liberal construction of the inclusive definition of the term 'employee' would be consistent with the object and intendment of the act, i.e., to secure sickness, maternity, disablement and medical benefits to employees of factories and establishments and dependants' benefits to their dependants ..... they cannot be equated. according to him only the employees in the factory are covered by the act. the definition of an 'employee' under section 2(9) of the act has to be read along with the definition of 'factory' under section 2(12) of the act. the business of she factory ends with the production of the soft drinks while the business of ..... the allegations in the petition and urging that the employees in the sales-depot at vijayawada come within the amended definition in sub-section (9) of section 2 of the act, as per act xliv of 1966. according to the amended definition any person employed for wages on any work of or connected with the administration of the factory or establishment or ..... . it is also pertinent to notice that the definition of the term 'employee' in the act .....

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Jun 25 1973 (HC)

Union of India (Uoi) Vs. S.R. Doiphode

Court : Mumbai

Decided on : Jun-25-1973

Reported in : (1974)76BOMLR334

..... supreme court in shri ambica mills' case (p. 1087) :.a corporation is defined in section 2(11) as any body corporate established by or under any central, provincial or state act but does not include a company or a co operative society. now it will be noticed that the definition of the term 'corporation' takes in bodies corporate established by law as well as ..... canteen control board, at the naval base on willingdon island, was an industry carried on by or under the authority of the central government within the meaning of section 2(a) of the industrial disputes act, 1947, but the court itself has observed at page 368 that the question is a question of fact depending on the circumstances of each case. the decision ..... anything done or to be done after the commencement of the constitution, mean the president;' and to include certain other things mentioned in section 3(8)(b) of the general clauses act, 1897. we are not concerned with the inclusive definition. it is enough to say that a department of the central government is something different from the central government, and in the ..... whether the canteen stores department is an establishment engaged in any industry carried on by or under the authority of any department of the central government within the meaning of section 32(iv) of the payment of bonus act, 1965.2. special civil application no. 1189 of 1968 is directed against an order passed in favour of respondent no. 1 by the .....

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Jan 18 1973 (HC)

Smt. Madhvi Sirothia Vs. N.N. Sirothia

Court : Allahabad

Decided on : Jan-18-1973

Reported in : AIR1974All36

..... husband and wife resided on the date of institution of the petition in allahabad. the question to be determined was whether husband and wife had last resided together in allahabad. 2. section 19 does not deal with the length of residence, even a short residence may be sufficient to give the court jurisdiction to entertain the petition. the court below impliedly appears ..... in allahabad and hence allahabad court has jurisdiction. section 19 of the hindu marriage act provides that a petition under the act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and ..... to have thought that residing together must refer to residing together for the purpose of enjoying the marital relationship as husband and wife. section 19 does not say any such thing. it only refers to their joint residence. if the husband and wife had lived together in the same residence then they must be ..... orderhari swarup, j. 1. this revision has been filed against the order of the court below holding that it has jurisdiction to deal with the petition filed under section 9 of the hindu marriage act for the relief of restitution of conjugal rights and for other reliefs in the elternative. the court below has held that the husband and wife last resided together .....

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Mar 27 1973 (HC)

Kr. Wasiq Ali Vs. the Director of Consolidation, Agra and ors.

Court : Allahabad

Decided on : Mar-27-1973

Reported in : AIR1974All46

..... ali khan were proprietors of the land or not. the auction had taken place on 7.10-1942 when the u. p. tenancy act was in force. section 206 of the u. p. tenancy act lays down the rights and liabilities of a grove holder. it says that the rights of the grove holder subsist so long as the ..... denied by respondent no. 4 in his counter affidavit. in paragraph 10 of the writ petition it was stated that respondent no. 4 filed a suit dated 2-8-1949 being suit no. 479 of 1949 in which he admitted the rights and title of the appellant over the land in dispute on the basis of ..... first submission of the learned counsel for the appellant, therefore, fails. 6. we, however, find force in the second and third submissions made by him. in paragraph 2 of the writ petition it has been averred that possession was delivered to the appellant through court amin on 16-4-1943, and that respondent no. 4 himself was a ..... by a civil court, did not apply to the land in question, inasmuch as what was sold was not agricultural land within the meaning of the said notification; (2) that the finding of the deputy director of consolidation in regard to the appellant's possession was in ignorance of the admissions made by respondent no. 4, as ..... 1963. thereafter, a writ petition was filed by the appellant which was dismissed by a learned single judge by his judgment under appeal. 2. mohammad ali khan, asghar ali khan, mahmood ali khan, and hamid ali khan were the co-sharers of the aforesaid plot. the share of asghar ali .....

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Jul 24 1973 (HC)

JamaluddIn and ors. Vs. Asimullah and ors.

Court : Allahabad

Decided on : Jul-24-1973

Reported in : AIR1974All69

..... they do not refer to a suit of a different nature which is permitted by sub-section (4) of section 6 of the specific relief act 1963 itself. this sub-section lays down that nothine in this section shall bar any person from suing to establish his title to such property and to ..... point involved therein. the brief facts giving rise to this appeal were that the respondents azimullah and others brought a suit under section 6 of the specific relief act, 1963 against jamahiddin and others appellants for possession over plot no. 545/3 measuring nine biswas. that suit was decreed. the ..... final order and not open to challenge by a similar regular suit. of course, a suit under section 6 of the specific relief act cannot be filed to challenge an order passed under section 47(i)e of civil procedure, 1908~^ of the code of civil procedure. but a regular suit ..... was numbered as 545/3 though subsequently its number was changed to 545/1. after this finding the objection under section 47 raised by the judgment-debtors was dismissed.2. the judgment-debtors then filed an appeal before the district judge which was dismissed and thereafter they filed this second ..... appeal.3. a preliminary objection was raised that this second appeal, and actually the first appeal also, was not competent in view of the provisions contained in sub-section (3) of section 6 of the specific relief act .....

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