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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1973 Page 12 of about 344 results (0.240 seconds)

May 17 1973 (HC)

Ram Prasad Rai Vs. Raghunath Prasad and anr.

Court : Allahabad

Decided on : May-17-1973

Reported in : AIR1974All72

..... notice intimating the intention of determining the lease. the contention of the learned counsel for the appellant on that point is right. section 111(g) transfer of property act expressly provides that the forfeiture can only be effected after the landlord gives notice in writing to the lessee of his intention to ..... with all arrears stands deposited in the trial court. 6. section 114 of the transfer of property act reads as under:-- 'where a lease of immoveable property has determined by forfeiture for non-payment of rent, and the lessor ..... the suit of a landlord transferee. 5. lastly it has been contended by the learned counsel for the appellant that under section 114 of the transfer of property act the plaintiff landlord was not entitled to the relief of forfeiture for non-payment of rent because the decretal amount together ..... raj dei sold the house to the plaintiffs in november 1966. thereafter in may 1967 plaintiff-respondent sent a notice under section 106 of the transfer of property act demanding rent and terminating the tenancy. the defendant-appellant replied to the notice and disputed the title of the plaintiff and contended ..... landlord. the trial court decreed the suit and the decree of the trial court was confirmed by the lower appellate court, hence this appeal. 2. learned counsel for the appellanthas contended that a suit for forfeiture of tenancy on the ground of denial of the landlord's title could .....

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Aug 23 1973 (HC)

Salek Chand Vs. Abdul Razaq

Court : Allahabad

Decided on : Aug-23-1973

Reported in : AIR1974All94

..... beyond the period of limitation and fell in error in not applying section 12 of the limitation act. 7. the result, therefore, is that this appeal is allowed and the suit of the plaintiff shall stand decreed for rs. 1700/- with ..... of the suit and if the period means the prescribed period for the limitation of the suit. schedule 1 has to be read with section 12 of the limitation act and the day from which such period is to be reckoned has to be excluded. there was some difference of opinion on the interpretation ..... limitation because for computing the period in the first schedule the day from which such period is to be reckoned has to be excluded under section 12 of the limitation act. the use of the expression 'prescribed period' will mean not the period prescribed for the repayment of loan but the period prescribed for ..... can be no dispute about that proposition of law. the question is whether the payment was made within the period of limitation or not and if section 12 is applied the payment was made within the period of limitation. the courts below were, therefore wrong in holding that the payment was made ..... . this second civil appeal is directed against the judgment and decree of additional civil judge, meerut dismissing the plaintiff's suit on the ground of limitation. 2. plaintiff-appellant had filed a suit on 19-12-63 for recovery of rs. 1700/- on the basis of a bond executed on 20th december 1957. .....

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Jul 24 1973 (HC)

Soney Lal Vs. Deputy Director of Consolidation and ors.

Court : Allahabad

Decided on : Jul-24-1973

Reported in : AIR1974All121

..... ex-proprietary tenant, and, save as otherwise expressly provided, shall have all the rights and be subject to all the liabilities conferred and imposed upon occupancy tenants by this act.' sub-section (5) of section 10 provides- '(5) the land in which such occupancy right has been created shall be specified and the rent payable therefor shall be fixed by the collector under ..... of the learned single judge dismissing the writ petition filed by the appellant against the judgment and order of the deputy director of consolidation passed under section 48 of the u. p. consolidation of holdings act.2. two points have been decided by the deputy director of consolidation and the same were canvassed before the learned single judge. the first point was in ..... accrued can be lost only in accordance with some provision of law and not by the failure of the officer to perform his duty under sub-section (5) of section 10 of the n. w. p. tenancy act, 1901.8. the view of the deputy director that on the transfer of proprietary rights by tore in favour of brindaban his sir got divided ..... section 36 of the north-western provinces and oudh land revenue act, 1901.' these provisions clearly indicate that ex-proprietary tenancy rights accrue by operation of law as soon as proprietary rights are transferred. on tore's .....

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Feb 21 1973 (HC)

Rita Nijhawan Vs. Balakishan Nijhawan

Court : Delhi

Decided on : Feb-21-1973

Reported in : AIR1973Delhi200; 9(1973)DLT222

..... the case increases in proportion to the length of that delay the burden of proof which is thrown upon the plaintiff. but that there is nay definite or absolute bar arising from a certain amount of delay, is a proposition which i apprehend cannot be established either by any scotch or by any ..... injurious for the appellant to live with the respondent. the appellant would. thereforee. be entitled to a decree of judicial separation under section 10(1)(b) of the act. issue no.2 is, thereforee, decided in favor of the appellant.24. on issue no.4 the courts below have held that the petition filed ..... admissible in evidence if they had deposed in court. in state v. bhausa hanmantsa pawar. : air1962bom229 , it was held that a certificate from a medical expert was nothing more than a mere opinion of the person who purports to have issued the certificate and opinion is not evidence until the person who has ..... raised no objection and the court by its order dated 27-8-1968 directed a report of board of three doctors to be appointed by the medical superintendent to find out whether the respondent is sexually impotent or not. in pursuance of the court's order the chairman of the board of doctors ..... marriage has been consummated, and as the house of lord said russell v. russell. (1924) ac 687 that 'fecundating ab extra is admittedly by the medical testimony, as vouched by the learned judge in his summing-up a rare but no impossible. occurrence but it accomplishment will depend not only or exclusively on .....

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Jan 05 1973 (HC)

V.P. Syed Mohammed Vs. Assistant Collector of Central Excise

Court : Kerala

Decided on : Jan-05-1973

Reported in : 1973CriLJ1551

..... seized are goods enumerated in sub-section (2) of section 123 that the presumption under section 123(1) can arise. in pukhraj v. d. r. kohli, : 1983(13)elt1360(sc) gajendragadkar, j., referring to section 178-a of the sea customs act, which corresponds to section 123(1) of the customs act, has observed as follows:-section 178-a of the sea customs act places the burden of proving that ..... orderk. bhaskaran, j.1. this criminal revision is by the accused who has been convicted under section 135(b) of the customs act and section 85 (ii) of the gold control act, and sentenced to pay a fine of rs. 500/- under section 135(b) of the customs act, in default to undergo simple imprisonment for six months, no separate sentence having been awarded for the offence under ..... seized under the provisions of the sea customs act in the reasonable belief that they are smuggled goods.the emphasis here with respect to burden of proof is on smuggled goods, not on goods. the prosecution, in terms of section 123, has to prove that the goods seized are something referable to sub-section (2) of that section. then, and then alone, the burden shifts ..... gazette specify.on a proper analysis it can be found that the following conditions are to be satisfied for the presumption under section 123(1) to arise: (1) there should be a seizure under the provisions of the customs act; (2) the seizure must have been from the possession of the person proceeded against; (3) the seizure must have been in the reasonable .....

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Aug 17 1973 (HC)

Gurram Subbarayudu (Died) Gurram Subbamma and ors. Vs. Moto Pothula Na ...

Court : Andhra Pradesh

Decided on : Aug-17-1973

Reported in : AIR1974AP307

..... air 1918 pc 146 the liability of the firm was made clear in the pronote itself under section 16(2) of the negotiable instruments act. the endorsee stands in the same footing as the payee. under section 50 of the said act, the endorsement of a negotiable instrument followed by the delivery transfers to the endorsee the property ..... is liable for the debt due under it. it is clear from sections 5, 18, and 19 of the partnership act that the order partners are liable for the acts of one of the partners of a firm. under section 22 of the act, on act done or instrument executed by a partner on behalf of the firm shall ..... is liable jointly with all the other partners and also severally , for all acts of the firm done while he is a partner. the trial court has found that the suit pronote ..... on 20-5-1961 and the endorsee has filed the suit claiming the money due against the partners of the firm of hanumaiah son and company, defendants 2 to 5. while the 2nd defendant the managing partner of the firm, in his written statement admitted the execution of the promissory note as a partner ..... be done or executed in the firm name which will bind the firm and the other partners, and under section 25 , every partner .....

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Nov 07 1973 (HC)

Lal Bahadur and ors. Vs. the State of U.P. and ors.

Court : Allahabad

Decided on : Nov-07-1973

Reported in : AIR1975All9

..... learned single judge, we are of this opinion that the view taken by him regarding interpretation of section 49 of the act is not correct.2. section 49 of the act runs thus:'(1) the provisions of this act shall not be put in force for the purpose of acquiring a part only of any house, ..... a copy which covered plots nos. 553 (area 52 acre) and 554 (area .13 acre) of village sheikhapur. thereafter notices under section 9, sub-section (3) of the act were issued to the petitioners in respect of these two plots as well as plots nos. 552 and 539. this gave rise to the ..... the petitioners including the ground noted above holding that the land acquisition officer had not refused to refer the matter to the court under section 49 of the act, but had reserved the matter for consideration at the time of making the award. learned single judge observed that if the land ..... of the grounds taken by the petitioners was that they made an application on 27th february. 1969 to the land acquisition officer under section 49 of the act for acquisition of whole of the property but the land acquisition officer failed to exercise his jurisdiction by not referring the matter to the ..... being of opinion that provisions of section 17, sub-sections (1) and (2) were applicable, a direction was made under sub-section (4) of the aforesaid section that provisions of section 5a of the act would not apply. notification under section 6 of the act was issued by the government on 18-2-1959. in that notification land acquired .....

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Jan 31 1973 (HC)

Kedar Nath Vs. Ambika Prasad and ors.

Court : Allahabad

Decided on : Jan-31-1973

Reported in : AIR1974All37

..... ) it is stated that this amendment was being made as a consequence of the newly enacted provisions of the specific relief act. the law makers were obviously referring to section 14(2) of the specific relief act, which bars a suit for specific performance of a contract to refer a dispute to arbitration by way of a suit. ..... not made a rule of the court cannot be treated as a mere waste paper and some legal effect has to be given to it. section 32 of the arbitration act bars a suit for a decision upon the existence, effect or validity of an arbitration and prevents an award from being enforced, set aside, ..... and 21 of the written statement filed by the defendant no. 2 is this suit hit by the provisions of section 3 of the arbitration act. 1940, read with sub-section (7) of the first schedule thereof and is hit also by the provisions of the same act ?'was tried by the civil judge as a preliminary issue, and ..... the first schedule as also by section 32 of the same act. certain other pleas in defence were taken, but it is not relevant to mention them for the purposes of the present appeal. 2. the defence that the suit was barred in view of the provisions of the arbitration act was based on the fact that ..... the word 'enforce' in section 32 of the act has, as such, to be interpreted so as to bar a suit by a .....

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May 16 1973 (HC)

Samarjut Singh Vs. Dy. Director of Consolidation, U.P., Lucknow and or ...

Court : Allahabad

Decided on : May-16-1973

Reported in : AIR1974All82

..... consolidation, 1970 ah u 510) (fb). for these considerations, the petitioners' contention that by long adverse possession they had acquired sirdari rights under section 210 of the act cannot be accepted as correct.9. it was contended that the petitioners being in cultivatory possession of theland during the year 1359 fasli became adhivasis ..... , in my view, should also apply to the instant case.13. in the course of arguments counsel for the petitioners sought support from section 19 of the act in sustenance of their contention that because the petitioners were hereditary tenants on the date immediately preceding the date of vesting, they became sirdars ..... court on the 30th day of june, 1952, and, that being the position, the petitioners cannot lay their claim on the basis of section 3 of the supplementary act.10. counsel for the petitioners contend in the alternative, that bhaiya durga prasad singh being competent to create leases after having obtained possession ..... 1948. against the judgment and decree dated 30th september, 1947 an appeal filed in the high court was pending on the date of vesting. under rule 4 (2) (v) of the u. p. zamindari abolition and land reform rules, 1952 the proceedings in the high court remained stayed and on 10th february, 1959 ..... orderprem prakash, j.1. these are five connected petitions, under article 226 of the constitution.2. the relevant facts, shortly stated, are as follows: bhaiya durga prasad singh, the zamindar of village harbaspur, gave the village on .....

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Jul 31 1973 (HC)

Trine Holst Thomsen Vs. the Children's National Institute

Court : Allahabad

Decided on : Jul-31-1973

Reported in : AIR1974All95

..... the minor from going out of india and having a life of greater comfort. the contention has no merit. dismissal of an application under section 7 of the act cannot amount to any preventive order. it does not prohibit the minor from going out of the country. if the government of india ..... the minor ordinarily resided and had property, from being appointed guardian of his person and property. it was taken that clause (h) of section 39 of the act was only a ground for removal and not a bar to appointment. it may be that the law does not prohibit a court from ..... the jurisdiction of the court to which he makes the application. it was observed. 'we might also refer to clause (h) of section 39 of the same act, which shows that the legislature contemplates that an applicant for guardianship should reside within the jurisdiction of the court to which he makes the ..... . this appeal has been filed by trine hoist thomsen against the order of the first additional district judge, allahabad dismissing her application under section 7 of the guardians and wards act for being appointed guardian of the person of the minor girl. km. chaitali. the appellant is a resident of denmark. she wished ..... act provides--'26. (1) a guardian of the person appointed or declared by the court...., shallnot, without the leave of the court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. (2) the leave granted by the court under sub-section .....

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