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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1973 Page 17 of about 344 results (0.224 seconds)

Sep 21 1973 (HC)

The Official Receiver Vs. Veeranki Samudralu and ors.

Court : Andhra Pradesh

Decided on : Sep-21-1973

Reported in : AIR1975AP27

..... revision petition is, whether the revision petitioner has any locus standi to file the application to get himself impleaded in the proceedings and contest the same. under section 20 of the provincial insolvency act the court is empowered to appoint an interim receiver when making an order admitting the insolvency petition-the court shall ordinarily appoint an interim receiver of the property ..... various decisions bearing upon the point, the full bench expressed its concluded opinion as follows (at page 160):'in cases where an interim receiver is appointed under section 20 of the provincial insolvency act subsequent to the date of the execution sale as well as in cases where he has been appointed before, we are of opinion that it is perfectly competent ..... full bench decision of the madras high court reported in sailappan v. subbaiah. : air1963mad156 . the question referred to the full bench was whether an interim receiver appointed under section 20 of the provincial insolvency act is entitled to apply to set aside a court sale of a property of a debtor under order 21, rule. 90, civil procedure code. ramachandra lyer, c. j., has ..... order 1, rule 10, civil procedure code to permit him to come on record and contest the execution proceedings. that application was dismissed and hence this revision petition by the official receiver.2. the petitioner was appointed as an interim receiver in i. p. no, 28 of 1966 on the file of the sub-court, vijayawada, to administer the affairs of the debtors .....

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Sep 17 1973 (HC)

Sohanlal Soni Vs. Mani Ram

Court : Rajasthan

Decided on : Sep-17-1973

Reported in : AIR1974Raj20; 1973()WLN635

..... followed for the execution of the orders of the disciplinary committee of the bar council. i may read the relevant statutory provisions. section 43 of the advocates act. 1961 provides:'section 43. cost of proceedings before a disciplinary committee -- the disciplinary committee of a bar council may make such order as to the ..... whether the order for costs passed by the disciplinary committee is an order passed by the high court. obviously it is not. section 43 of the advocates act only lays down how an order for costs shall be executable and by fiction it is made executable as if it were an ..... it has been placed at par with this court and is for that limited purpose, at any rate, very much of a court. consequently section 38. civil procedure code can be resorted to by the disciplinary committee of the bar council for the purposes of executing its order in respect of costs ..... to my mind will not be applicable to execution proceedings. the rajasthan high court rules do not make provision for execution proceedings as such.6. section 38, civil procedure code however, lays down by which court decrees may be executed. it provides that a decree may be executed either by the court which ..... office has raised an objection that the execution application is not maintainable and this is how the matter has been placed before me for orders.2. the respondent had made a complaint against the petitioner before the bar council of rajasthan for taking disciplinary action against him on certain grounds with .....

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Apr 24 1973 (HC)

B.N. Chobe Vs. A. Chaffar Khan

Court : Andhra Pradesh

Decided on : Apr-24-1973

Reported in : AIR1973AP305

..... a court the continuity of the office as such is maintianed' it is this principle which is incorporated in section 14 of the andhra pradesh general clauses act which reads as follows:-'section 14, where an act confers a power or imposes a duty on the holder of an office, as such, then the power ..... record. where further issues are required to be tried, or additional evidence is to be taken, the court of appeal is bound to act according to the provisions of sections 565, 568 and 569 of the code, but cannot order a new trial. even when there has been an irregularity on the ..... again the various authorities referred to by this court in the said decision. in the course of the judgment the provisions of section 14 of the andhra pradesh general clauses act have also been invoked. the principle laid down in the above case may well be applied to the instant case. there ..... of civil procedure, 1908 was made applicable to the hyderabad territory, nevertheless the schedule attached to the hyderabad small causes courts act still retained clause 6 excluding the operation of section 213 to 221 of the hyderabad code of civil procedure corresponding to order 18, rules 5 and 10 to 18 of ..... before us is whether a judge exercising jurisdiction under the provisions of the hyderabad small causes courts act can act upon the memorandum of evidence already recorded by his predecessor, or whether he should conduct a trial de novo.2. in r.s. mahmood v. syed ahmed, : air1963ap65 a division bench of this court .....

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Dec 12 1973 (HC)

Mothika Mutyalu and anr. Vs. Mothika Appayyalingam and ors.

Court : Andhra Pradesh

Decided on : Dec-12-1973

Reported in : AIR1975AP19

..... their appeal, gives rise to a short question of law. whether or not the after-born sons can take advantage of the extended period of limitation provided under section 6 of the limitation act, 1963 ?2. in order to appreciate the scope of the question, it is necessary to briefly refer to the material facts which are not in dispute and which lie ..... family to set aside his father's alienation of ancestral property may be filed within 12 years from the date of the alienee taking possession of the property. section 9 of the limitation act provides that when once time has begun to run, nothing stops it. in other words, no subsequent disability or inability to institute a suit by the party would ..... when the alienee took possession of the suit property must be held to be barred by limitation unless the extension of time provided under sections 6 and 8 of the limitation act can be availed of by them. section 6 provides for an extension or enlargement of the period of limitation in the case of certain persons suffering from a legal disability, viz ..... ., a minor, an insane person or an idiot, for instituting a suit or making an application for the execution of a decree. however, the provisions of section 6 would .....

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Sep 07 1973 (HC)

Rajinder Singh Vs. the State

Court : Delhi

Decided on : Sep-07-1973

Reported in : ILR1974Delhi277

..... establish that the gun had been fired shortly prior to its recovery. it is instructive to note what is stated in taylor's principles and practice of medical jurisprudence (vol. 1. twelfth edition, pages 312-13); it is possible on chemical analysis of the products of decomposition in the gun-barrel, to obtain ..... that he had been shot at by rajinder singh son of narain singh. the entire evidence of p. w.i becomes unacceptable if according to the medical testimony, the deceased fell down on receiving injuries 7 and 8 and was not, thereforee, in a position to get up and walk. once this ..... have been in a position to walk any distance after receipt of those injuries if he had not fallen down because it seems certain from the medical evidence itself that if the deceased had fallen down being shot at he would not have been in a position to get up and walk afterwards. ..... the deceased was able to walk some distance and then make such a statement about his having been shot at by the appellant are cast by the medical evidence. the two injuries on the right lateral aspect of the chest of the deceased, as injuries no. 7 and 8, could be the result ..... part of the testimony is not possible to safely act upon the further testimony of p. w. 2, supported by dalel singh recorded under section 512 criminal procedure code . and of smt. indrawati (also recorded under section 512 criminal procedure code .) also becomes unacceptable. the evi- dence of p. w. 3 has already .....

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Mar 12 1973 (HC)

Ariyur Mohammed Habeebur Rahman and ors. Vs. Ansuri Varamma (Died) and ...

Court : Andhra Pradesh

Decided on : Mar-12-1973

Reported in : AIR1974AP113

..... from such a decree except on the ground that it was in excess of or not otherwise in accordance with the award. sec. section 39(1)(vi) of the arbitration act provides for an appeal against an order refusing to set aside the award.11. in the instant case, the application by the ..... court , an appeal against the order of the court refusing to set aside the award falls under section section 39(1)(vi) of the act. it is not an appeal falling under section 17 of the act read with section 96, civil p.c.' and v. chetti v. v. chetty, air 1957 andh pra 493 ..... a division bench of this court consisting of chandra reddy , c.j. and venktesam, j., held that :-'............ where, in proceedings under section 14 of the arbitration act, one of the parties to the arbitration agreement files objection against the award on the ground that the arbitrators had misconducted themselves and the ..... was) in lakshmikanta rao v. venkateswaralu, : air1960ap576 held that :'................ rules 1 and 2 framed under the arbitration act require that an application for setting aside an award should be in writing . article 11 (m) of the court - fees act prescribes the payment of court-fee. on a combined reading of these provisions it is ..... no. 51 of 1965, whereby the district judge, khammam, allowed the appeal and set aside the award.2. briefly stated, the facts are: the father of the revision-petitioners agreed to sell 5 1/2 acres of land, bearing survey no. 320 situated at khammam, to the 1st respondent, for a sum of .....

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Sep 07 1973 (HC)

Saripalli Nookanna and anr. Vs. Ramisetty Venkata Rao and anr.

Court : Andhra Pradesh

Decided on : Sep-07-1973

Reported in : AIR1974AP284

..... the decree of the original court to seek to resort to third-party procedure, whatever the result of the suit be.8. it was argued that under sec. 107(2) of the code of civil procedure , an appellate court enjoys the same powers and shall perform as nearly as may be the same duties as are ..... in air 1928 mad 43 (supra) to which i have referred. the english rules require that after the defendant entered his appearance in the action, he should act promptly and as a rule before the delivers his defence. no doubt, order 8-a does not require that the defendant should invoke it before he files issuing notice ..... also where the appeal is disposed of , on a decision of ramaprasad rao , j. in concord of india insurance co. ltd. v. kaveri ammal , (1967-2 mad lj 446). in that case, the plaintiff's husband was killed in a motor accident. a suit was filed against the 1st defendant, the driver and the 2nd ..... vol. 1 , p. 236 , rule 1, order 5-a , original side rules in effect reproduces this provision in regard to the service of the notices. defendant 2 contends that this provision has been infringed. for dealing with this point , it may be useful to glance at the rules. they provide that where a defendant claims to ..... order 8-a, civil p. c., which provides for third-party procedure for the first time in appeal without any such application being made in the trial court.2. the necessary facts may be stated. o. s. no. 163 of 1960 on the file of the court of the district munsif, peddapuram , was filed against .....

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Sep 03 1973 (HC)

Y.V. Hanumantha Rao Vs. K.R. Pattabhiram and anr.

Court : Andhra Pradesh

Decided on : Sep-03-1973

Reported in : AIR1975AP30

..... refers to the origin of the word 'curfew' and makes references to its historical background. considering section 144 of the code of criminal procedure, the author then makes reference to various provisions of law.5. in this petition, it is alleged that the said ..... put the law. he observed:'the law relating to contempt of the court is well settled. any act done or writing published which is calculated to bring a court or a judge into contempt, or to lower his authority, or to interfere with the due course ..... the private interest of the parties. in such cases, the public interest prevails. fair comment is to be allowed. it has been so stated in (1973)2 wlr 452 at p. 460.11. the courts while they would try to preserve the rights of the parties or the witnesses appearing therein from being attacked ..... a pending litigation but are of a general educative character, no person can stop such comment by serving a writ see attorney-general v. times newspapers ltd., (1973) 2 wlr 452 at p. 460.8. in re p. c. sen, : 1970crilj1525 , shah, j., who spoke for the court, if we may say so, succinctly ..... deccan chronicle', the 1st respondent being its editor. this article was entitled 'the law of curfew'. it was published in the dec-can chronicle of 28-2-1973. in that article the 2nd respondent discussed what is meant by curfew and what is the legal authority behind imposing an order of curfew. he then .....

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Jan 03 1973 (HC)

Dhanti and ors. Vs. Isheri and ors.

Court : Punjab and Haryana

Decided on : Jan-03-1973

Reported in : AIR1974P& H120

..... collaterals. on this material and considering that sisters are now very high up in the list of heirs according to hindu law and the plaintiffs are 12th degree collaterals and relying on the decision of the privy council in ahmad khan v. channi bibi. ilr 6 lah 502 = (air 1925 pc 267 the ..... proved, the parties could fall back upon hindu law under which the sister would be preferential heir, and reliance was placed on hindu law of inheritance (amendment) act, 1929. 6. at this stage it will be proper to deal with the decision relied upon by the learned counsel for respondent, namely mt. harnam kaur ..... estate. the reasoning of the learned judge is as follows:-- 'i am also satisfied that the conclusions of the learned sub-judge on issue no. 2 are also correct. the learned counsel for the appellants argued that as the right of representation is recognised amongst the agriculturists of this state, and as ..... these heirs. our law reports are full of these cases and they need not be quoted again. the evidence in the case discloses that only 2 witnesses besides the plaintiffs supported the claim of distant collaterals against sisters and only two instances were proved and of them one was based on the ..... principal controversy in the suit. the remand was confined to the decision of the following two issues:-- '1. are the defendants sister's daughters of dalipa 2. if so, are they entitled to succeed to the non-ancestral property left by dalipa in preference to the plaintiffs? 3. the trial court came to .....

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Jul 17 1973 (HC)

Srivenkateswara Constructions and ors. Vs. the Union of India

Court : Andhra Pradesh

Decided on : Jul-17-1973

Reported in : AIR1974AP278

..... judges, vijayawada graning stay of suit in i. a. no. 1050 of 1972 in o. s. no. 442 of 1971 under section 34 of the indian arbitration act, hereinafter called 'the act'.2. the plaintiffs filed the suit o. s. no. 442 of 1971 in the court of the subordinate judge, vijayawada against the ..... learned counsel invited our attention to the following cases. in anderson wright ltd, v. moran and co., : [1955]1scr862 the provisions of sec. 34 of the act were analysed and it was pointed out that one of the conditions is that the court should be satisfied with the readiness and willingness of the ..... be noted that the plea was not raised in the lower court, not argued at the stage of arguments. one of the condition under section 34 of the act for granting stay is that the authority before whom the application is filed should be satisfied that the applicant was, at the time when ..... not been disclosed and hence the provisions is opposed to principles of natural justice . it was , therefore, submitted that as the relief under section 34 of the arbitration act is discretionary the application for stay should be rejected. during the course of arguments another contention was raised, viz., that the railway officials ..... the suit claim against the 1st defendant. as soon as the suit notice was received by the railways , they filed an application under section 34 of the arbitration act stating that the dispute and the claim raised in the plaint have to be decided by an arbitrator as per the arbitration clause by .....

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