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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1973 Page 3 of about 344 results (0.303 seconds)

Aug 20 1973 (SC)

Oyami Ayatu Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Aug-20-1973

Reported in : AIR1974SC216; 1974CriLJ305; (1974)3SCC299; 1973(5)LC802(SC)

..... of gujarat : 1964crilj472 that there is rebuttable presumption that the accused was not insane when he committed the crime in the sense laid down by section 84 indian penal code. the accused may rebut it by placing before the court all the relevant evidence, oral documentary or circumstantial, but the burden ..... show that the conduct or the behavior of the appellant either before or after the occurrence was not of a normal person.6. according to section 84 indian penal code, nothing is an offence which has been done by a person who at the time of doing it by reason of ..... these are matters of presumption. every one is presumed to know the natural consequences of his act. similarly everyone is presumed to know the law. it is for this reason that section 105 indian evidence act places upon the accused person the burden of proving the exception on which he relies.7. ..... the requisite intention can be reasonably drawn, the prosecution must be deemed to have discharged its burden. dealing with section 84 indian penal code, this court observed that the aforesaid section could be invoked by a person for nullifying the evidence adduced by prosecution by establishing that he was at the ..... pradesh, affirming on appeal and reference the conviction of the appellant under section 303 indian penal code and sentence of death.2. the case for the prosecution is that the appellant was convicted on november 11, 1967 under section 302 indian penal code by the additional sessions judge durg and was sentenced .....

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Oct 10 1973 (HC)

Allu Appalaswamy and ors. Vs. Maturi Anjaneyulu and ors.

Court : Andhra Pradesh

Decided on : Oct-10-1973

Reported in : AIR1974AP268

..... for withdrawal of the suit.'17. respectfully following the said decision, we find no difficulty in holding in the compelling the plaintiff to continue his suit as against defendant no. 2 although he had categorically abandoned ought to have therefore dismissed the plaintiff's suit as against the 2nd defendant under order xxiii, rule 1 , c. p. c. as stated earlier ..... ;'the language or order 23 , rule 1 , sub-rule (1), c. p. c. gives an unqualified right to a plaintiff to withdraw from a suit is sought under sub-rule (2) of that rule , the plaintiff becomes liable for such costs as the court may award and becomes precluded from instituting any fresh suit in respect of that subject-matter under ..... after the institution of a suit, the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of his claim. according to sub-rule (2), where the court is satisfied about the defects in the suit, it may , on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or ..... a partnership and settlement of accounts. there were in all five defendants. they seemed to have filed a written statements. issues were framed. plaintiff was examined as p. w. 1.2. it is at this stage on 13-10-1969 the plaintiff's counsel represented to the court that the plaintiff on the one hand and defendants 1, 3, 4 and .....

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Oct 23 1973 (HC)

ippili Satyanarayana Vs. the Amadalavalasa Co-operative Agricultural a ...

Court : Andhra Pradesh

Decided on : Oct-23-1973

Reported in : AIR1975AP22

..... lower court in i. a. 54/71 in o. s. 61/70 on its file which was a petition filed under o 6 rule 17 and section 151, civil procedure code for permission to amend the plaint.2. in the affidavit in support of fee petition for amendment it was stated that the plaintiff filed the suit for recovery of rs. 19723.95 from ..... applying this rule where, as here, the defendant claims a time-bar under the statute of limitations. in weldon v. neal, (1887) 19 qbd 394 lord esher said: we must act on the settled rule of practice, which is that amendments are not admissible when they prejudice the rights of the opposite party as existing at the date of such amendments ..... . sri k. raghavarao the learned counsel appearing for the petitioner has submitted that since a new claim based upon the undertaking letter dated 7-8-1967 is barred by 5-2-1971 when the amendment petition was filed, the amendment ought to be rejected. it may be noted that the suit in this case was filed on 26-4-1969. he ..... has taken up the plea that the suit promissory note is insufficiently stamped and is therefore inadmissible in evidence, the plaintiff prayed for amending the plaint by deleting lines 1, 2 and 3 of paragraph 4 and substituting therefor by the words 'the cause of action for this suit arose between the period from 24-7-1962 to 12-4-1963 .....

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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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Oct 12 1973 (HC)

Shamamma and anr. Vs. Ramachander Rao and ors.

Court : Andhra Pradesh

Decided on : Oct-12-1973

Reported in : AIR1974AP150

..... depositing the amount. the licencing authority has also a clear discretion vested in it to refuse the grant of licence either wholly or partly under proviso to sub-section(2) of section 3 of the act. if the licencing authority does not refuse licence then it is bound to issue licence within a period of two weeks. on a perusal of the provisions of ..... to be taken that for the purpose of renewal , as per rules, the application should be made before the expiry of the period of licence. as per sub-section(2) of section 3 of the act, the discretion is given to the licensing authority to refuse renewing the licence also in case the money lender is of an undesirable conduct. except in these two ..... and obtaining money lender's licence in the form of schedule c attached to the rules. rule 8 provides that a money lender's licence granted under sub-section(2) of section 3 of the act, shall be in the form of schedule(c) attached to the rules. as per rule 9, the fee to be charged for every licence is held to be ..... money lender shall, before the expiry of the period of licences obtain another licence.'11. from a perusal of the provisions of the act and the rules, it is thus clear that a money lender under this act(section 2, sub-section 7) should get his name registered by presenting an application in writing in the prescribed form to the competent officer. on such application .....

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Mar 19 1973 (HC)

In the Matter Of: A. Sreeramulu

Court : Andhra Pradesh

Decided on : Mar-19-1973

Reported in : AIR1974AP106

..... the court could go into the question whether a state of emergency existed justifying the proclamation of the governor general of india under section 72 of the government of india act, 1919. the privy council said.'that raises directly the question who is to be the judge of whether a state of ..... would show that there was a complete break down of law and order in a large area of the state and strike by a great section of government employees practically paralysing the government. i have also explained earlier, that those considerations are, without doubt, relevant considerations which may be taken ..... institutions etc., and other demands such as the scrapping of the telengana regional committee etc., into a demand for a separate andhra state. large sections of the people belonging to different walks of life jumped into the fray. an agitation was started for a separate andhra state. the prime minister ..... the house of lords in padfield v. minister of agriculture , 1968 (1) all er 694 and by the privy council in rossclunis v. papadopoullos , 1958 (2) all er 23. he particularly relied on the observations of lord morton in the last case where he said .'there lordships ....................... think that if it could be ..... emergency exists. a state of emergency is something that does not permit of any exact definition: it connotes a state of matters calling for .....

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Feb 05 1973 (HC)

Gopala Krishna Murthy Vs. B. Ramachander Rao and ors.

Court : Andhra Pradesh

Decided on : Feb-05-1973

Reported in : AIR1973AP309

..... party at any stage of the suit to make an application to the court seeking that summons be issued to a witness either to give evidence or to produce documents. (2) the court is not entitled to refuse such an application on the ground that it might cause delay in the trial of the suit on the adjourned date of the ..... before their lordships the plaintiff had applied for summonses to be issued to the person mentioned in the list of witnesses filed in that court. this application was filed on 2-4-1921 while the suit stood adjourned to 13-4-1921. the lower court in that case had dismissed the application observing that the application was made at too late ..... by shankermut. in my opinion the rejection of the application on this technical ground by the court below is unwarranted and this ground for rejection cannot be permitted to stand.2. the court below has not kept in mind the provisions of order 16, rule 1, civil p. c. in dismissing the present application. order 16, rule 1, civil p. c ..... 1. this revision petition is filed to revise the order of the ii assistant judge, city civil court, hyderabad, made in i. a. no. 163 of 1968 in o. s. no. 32 of 1967 on his file. the petitioner filed the said i. .....

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Apr 10 1973 (HC)

Shaik Basha and anr. Vs. Station House Officer

Court : Andhra Pradesh

Decided on : Apr-10-1973

Reported in : AIR1974AP72

..... that the amount was kept there by the petitioners intending to use it for side betting. the police raided and arrested the petitioners and others.2. section 12 of the act reads thus :'whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street , place or ..... darts' can be said to be gaming or not . i do not think there can be any difficulty. as per the definition given for the term 'gaming' in the act, any play which includes wagering or betting comes under gaming. therefore according to the allegation what the petitioners were found playing is ..... house in which the accused were found playing cards for money is not a public place within the meaning of section 12 of the act.8. in the decision emperor v. govindarajulu, air 1916 mad 474 the accused was procuted for disorderly behavior in a place of public resort (to wit, the grounds ..... of the madras harbour) an offence under section 75 of the madras city police act. the presidency magistrate acquitted the accused on the ground that ..... the decision khudi sheikh v. king emperor , (1901-02) 6 cal wn 33 the calcutta high court was considering a case under section 11 of the bengal gambling act, ii of 1867, whereunder it was provided that a police officer may apprehend without warrant any person found playing for money etc., in any public .....

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Oct 16 1973 (HC)

inspector General of Registration and Stamps, Andhra Pradesh, Hyderaba ...

Court : Andhra Pradesh

Decided on : Oct-16-1973

Reported in : AIR1974AP83

..... the indian stamps act. he therefore opined that the document requires a stamp duty of rs. 360/- under article 35 (a) read with art. 20 of schedule 1 ..... of the act viz., agreement relating to deposit of title deeds as the advance received and the purpose for which the deposit of title deeds was made was not for repayment of the loan or debt. he therefore expressed the opinion that the document creates a right over specific property falling under the definition of 'mortgage deed' as defined by section 2(17) of ..... ekbote, c.j.1. we have before us the matter of clarification sought by the office as to before whom the revision filed under section 61(1) of the stamp act should be placed for hearing.2. the facts in brief are that sri bhagat ram undertook to construct a house at himyatnagar on behalf of sri p.v. narayana for an estimated construction ..... -a of the indian stamp act.5. since the high court is the court to which appeals lie from the chief judge, city civil court, hyderabad and .....

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Mar 29 1973 (HC)

Tanigondala Rosi Reddy Vs. Syamala Laxmaiah and ors.

Court : Andhra Pradesh

Decided on : Mar-29-1973

Reported in : AIR1974AP171

..... d-1) of rule 5 of order 43.order 43, rule 1 (nn) reads :'43 (1) an appeal shall lie from the following orders under the provisions of section 104, viz., (nn) an order under rule 5 or rule 7 of order 33 rejecting an application for permission to sue as a pauper on the ground specified in cl ..... has filed a suit for possession of the entire property. he would never have filed the suit for possession of the entire property when he was in possession of 2/3 rd portion of the property.4. i am , therefore, of the opinion that the plaintiff is not in possession of the entire house. the lower court ..... 3. the lower court has dismissed the petition of the petitioner herein to declare him as pauper on the ground that the petitioner has not established dispossession from the 2/3 rd portion of the suit property. the lower court came to this conclusion on the basis that the petitioner has used the words 'driven out of the ..... in rule 7, an appeal shall lie and that the right of appeal is not restricted to rejection of an application without notice to the respondents and hearing them. 2. in the view taken by us we are supported by what vaidialingam, j., (as he then was of the kerala high court) said in avirah ouseph v. ammukutty ..... 1 of the c.p.c. the learned judge doubted whether an appeal will lie to this court when an application filed under order 33, rules 1 and 2 is rejected under cl. (b) of rule 5 of order 33 holding that the applicant is not a pauper. we are not here concerned with the correctness or .....

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