Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1973 Page 7 of about 344 results (0.308 seconds)

Apr 27 1973 (HC)

Bishnu Charan SwaIn Vs. Secretary, Works and Transport Department and ...

Court : Orissa

Decided on : Apr-27-1973

Reported in : AIR1974Ori115

..... socially and educationally backward classes of citizens to be entitled to the protection under article 15(4), quoted above ?12. admittedly there is no caste as 'harijans'. there is no definition of 'harijan' at any place. this term is of recent origin -- towards the middle of 1920s, the father of which was mahatma gandhi. according to the lexicon (bha-shakosh) the ..... ' are socially, educationally and economically backward. mr. rath could not cite any authority prohibiting the court from drawing any such inference. indian evidence act in part ii. chapter iii lays down the 'facts which need not be proved'. section 57 thereof enumerates 'facts of which the court must take judicial notice'. independent of the pleadings the court's power to take judicial notice ..... not exist adequate arrangements for medical education in the state itself for its students.'the classification in all these cases is based upon intelligible differentia which distinguished them from the group to which the petitioners belong ..... are faced with lot of difficulties in the nature of education. apart from the problems of language it is not easy or always possible to get admission into institutions imparting medical education in foreign countries. x x x regarding jammu and kashmir scholars it must be remembered that the problems relating to them are of a peculiar nature and there do .....

Tag this Judgment!

Nov 27 1973 (HC)

State (Delhi Administration) Vs. G.P. Nayyar

Court : Delhi

Decided on : Nov-27-1973

Reported in : 1974CriLJ1363

..... offence of criminal misconduct was defined in sub-section (1), made punishable by sub-section (2) while sub-section (3) could be invoked as a rule of evidence to prove the offence. it was somewhat anomalous that the prosecution and the charge for an offence punishable under section 5 (2) had to consist of specific allegations of a definite misconduct committed at a certain time etc., in ..... for'. when the pendency itself has to be the basis for a valid classification, no objection can be taken to the classification on that ground.26. acting under section 2 (3) of the anti-corruption laws (amendment) act, 1967, thereforee, the appeal against the acquittal of g. p. nayyar is allowed, his acquittal is set aside and the case is remanded to the special ..... ).the possession of disproportionate assets by nayyar could, thereforee, be used as evidence against him under section 5 (3) inasmuch as the trial of nayyar was pending in this court immediately before the commencement of act no. 16 of 1967. sub-section (2) of section 2 of act no. 16 of 1967 says that the trial of the offence shall proceed from the stage at which it ..... post facto law. similarly, in charles f. kring v. state of missouri (1883) 27 law ed 506, according to the law existing when the act constituting the offence was committed, the accused could be guilty of murder only in the second degree having pleaded guilty to the charge but by subsequent law an acquittal of the charge of murder in the first .....

Tag this Judgment!

Mar 14 1973 (HC)

Prayag Das Vs. Civil Judge, Bulandshahr and ors.

Court : Allahabad

Decided on : Mar-14-1973

Reported in : AIR1974All133

..... does not amount to extinction of the advocate's legal entity as an advocate. it merely bars his physical appearance in a particular court on a definite occasion. for the purpose of deciding as to whether the advocates physical appearance in a court may be allowed or disallowed, his dress can be ..... be improper for an advocate.'the bar council did not make any rule prescribing the dress. that was left to the high court. acting under section 34(1) of the advocates act the high court framed rules of which rule 12, which is relevant for the case, is to the following effect:'12. advocate ..... . ..... (c) the standards of professional conduct and etiquette to be observed by advocates; .....7. the bar council of india framed rules under section 49 of the act. rule 5 of the rules provides:--'an advocate shall appear in court at all times only in the prescribed dress, andhis appearance thall always be ..... wide off the mark. the rationale of such rule is obvious. justice can best be administered when legal proceedings are conducted with decorum and a certain degree of formality. 'the place of justice' as francis bacon remarked, 'is a hallowed place,' and those seeking its aid either for themselves or those ..... 17-2-1973 before the respondent no. 1 did not contravene the said rule and that at all events the dress prescribed by that rule was arbitrary and derogatory to national esteem and indian culture.5. there are two provisions of the advocates act which may be relevant in this connection. section 34 .....

Tag this Judgment!

Mar 01 1973 (HC)

Darubai Vs. Shankar Narayan Petil

Court : Mumbai

Decided on : Mar-01-1973

Reported in : AIR1974Bom215; ILR1974Bom929; 1973MhLJ728

..... therefore, the present suit being a suit for money the same is liable to be stayed under clause (b) of sub-section (2) of section 3 of the said act. this application was opposed by the plaintiff, who suit for money, but this is a suit for recovery of arrears of ..... cannot be termed as a suit for money within the meaning of section 3 (2) (b) of the act. he relied upon the definition of the term 'maintenance' in sub-clause (b) of section 3 (2) of the hindu maintenance and adoption act according to shri b.s. deshpande, the maintenance means in all ..... contentions raised before me it is necessary to refer to the relevant provisions of the bombay execution of decrees (temporary postponement) act. 1959. section 3 (2) (b) of the act reads as under:'no suit for money and no suit for foreclosure or sale in enforcement of a mortgage, shall be instituted ..... case an adequate provision for food, clothing, residence, education and medical attendance and treatment. this ..... has nothing to do with the money as such. the amount which is claimed in the suit is only claimed in lieu of maintenance. therefore, in substance it is a suit for maintenance and not a suit for money. this being the position, according to him, as the provisions of section 3 (2) of the act .....

Tag this Judgment!

Mar 28 1973 (HC)

Pritpal Singh and ors. Vs. New Suraj Transport Co. (P) Ltd. Amritsar a ...

Court : Punjab and Haryana

Decided on : Mar-28-1973

Reported in : AIR1974P& H39

..... may be prescribed. sub-section (2) of section 29 of the limitation act 1963 clearly provides that the provisions of sections 4 to 24 apply to all enactments. it means that the aforesaid provisions are also a part of the act. the main question for determination is whether the claim filed by the appellants fall within the definition of the word 'suit' under section 6 of the limitation ..... cases the limitations of which are provided in the schedule or it applies to other cases also of which the limitation is not provided in the schedule. sub-section (2) of section 29 of the limitation act provides that where any special or local law prescribes for any suit, appeal or application, a period of limitation different from the period prescribed by the schedule ..... prescribed by the schedule. as the schedule is amended by virtue of sub-section (2) of section 29 by the provisions of the act, the claim application can be dismissed under section 3 of the limitation act, if it is not filed within the limitation prescribed by the act. the limitation provided under the act will be taken to be a part of the schedule for the purposes ..... the contention of the counsel for the respondent and find no force in it. the appeal is maintainable under section 110-d of the motor vehicles act, 1939(hereinafter referred to as 'the act') wherein it is provided that, subject to the provisions of sub-section (2) any person aggrieved by the award of a tribunal may within 90 days from the date of the .....

Tag this Judgment!

May 03 1973 (HC)

Bipinchandra Purshottamdas Patel and ors. Vs. Jashwant Lalbhai Naik an ...

Court : Gujarat

Decided on : May-03-1973

Reported in : AIR1974Guj129; (1974)0GLR411

..... of a proper management or administration of a public trust, a scheme should be settled for it. the word 'prescribed' has been defined in section 2(ii) of the act as under:' 'prescribed' means prescribed by rules'.in exercise of the powers, the government has framed the rules called 'the bombay public trusts (gujarat ..... frame a scheme in the interest of proper management of the trust in question.'after referring to sub-section (2-a) of section 50-a of the act, it is observed:'the wording of sub-section (2-a) makes it clear that, the charity commissioner has powers even to fix the number of trustees ..... where necessary, a clarification of the objects of the public trust.'it is, therefore, evident that the legislature- by insertion of this sub-section (2-a) by gujarat act no. 31 of 1962, has empowered the charity commissioner while framing a scheme to provide for the matters specified therein. it is left ..... provide for the management and administration of the trust cannot be said to be a scheme.8. it is significant to note that section 2(7-a) of the act defines 'instrument of trust' as under:' 'instrument of trust' means the instrument by which the trust is created by the author ..... other relevant circumstances disclosed in the particular case.'21. in the latest decision of the supreme court in hira nath mishra v. the principal, agenda medical college, ranchi : (1973)iillj111sc the supreme court had to deal with a case where the students, who were dismissed for misconduct, contended that the .....

Tag this Judgment!

Feb 28 1973 (HC)

Four Bhai Private Ltd. Vs. Walaiti Ram and anr.

Court : Delhi

Decided on : Feb-28-1973

Reported in : ILR1973Delhi891

..... and further to receive or recover the amount due thereon.(23) the words 'entitled in his own name' in section 8 are related to the definitions in sections 5 and 6 of the act. in case of a cheque it is drawn on a specified banker for a certain sum payable t6 a precise ..... to discuss evidence, but illegality provided by non discussion thereof by the court below which exercised jurisdiction contained in section 96 of the code, may furnish basis for interference. appearing as p. w. 2. respondent no. 1 to these appeals stated that he was keeping the accounts (the khata)- he could have ..... the court below held that the cheques were drawn by defendant no. 1 (appellant in these two appeals) for consideration in favor of defendant no. 2 (the second respondent to these appeals) and the reversing of entries by the appellants in their account books did not prove that the liability under the ..... of the judgment it was observed.- 'theonly way thereforee in which liability on a cheque may arise is when (1) the cheque is dishonoured and (2) notices of such dishonour has been given or circumstances exist which render it unnecssary to give such notice.'(40) the conclusion would be that a holder ..... the plaintiff sought the decrees deserves to be reproduced:- 'para4. that the plaintiff is a transferee of the cheque for a consideration from defendant no. 2 and is entitled to decree thereon against both the defendants'.(5) the defendants contested the suits. the written statements filed in both the suits by .....

Tag this Judgment!

Aug 07 1973 (HC)

The Commissioner of Excise Board of Revenue, Andhra Pradesh, Hyderabad ...

Court : Andhra Pradesh

Decided on : Aug-07-1973

Reported in : AIR1974AP92

..... while renewing the licences regarding denatured spirit and then issue transport permits accordingly.6. now section 2 (21) of the act includes denatured spirit as well as rectified spirit within the definition of liquor. any other intoxicating substance which the government declares to be liquor is also included therein.7. section 2 (19) also defines the term 'intoxicant' to mean any liquor as defined in ..... clause 21 or any intoxicating drug as defined in clause (20).8. before we look to the other provisions of the act, it is well ..... to remember that the preamble of the act indicates that this act relates to the production, manufacture, possession ..... of permits for transport of intoxicants. the section firstly says that a general permit shall be issued only to persons licensed under the act. the permit may specify the maximum quantity of intoxicant that may be transported at any one time. such a permit for the transport of intoxicant may be either general for definite periods and kinds of intoxicants or special .....

Tag this Judgment!

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 .....

Tag this Judgment!

Nov 02 1973 (HC)

Bapusaheb Balasaheb Patil and ors. Vs. the State of Maharashtra and or ...

Court : Mumbai

Decided on : Nov-02-1973

Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698

..... judicial power derived by him from the state. the court also went on to point out that having regard to the definition of 'arbitrator' given in section 2(2), of 'registrar' given in section 2(24) and the language employed in section 96 of the act a nominee or board of nominees so appointed by the registrar to hear and decide the disputes would be an arbitrator or ..... on special duty and the position occupied by a nominee or a board of nominees appointed by the registrar directly come within the inclusive part of the definition of 'arbitrator' as given in section 2 (2) of the act and secondly such a nominee or board of nominees is appointed by the registrar and not by the state government as is the case with the ..... by the registrar for, in the first place, such nominee or board of nominees appointed by the registrar directly come within the inclusive part of the definition of 'arbitrator' as given in section 2 (2) of the act and secondly such a nominee or board of nominees is appointed by the registrar and not by the state government as is the case with the registrar ..... of such disputes having been referred to them by the registrar they do not come within the definition of 'arbitrator' as given in section 2(2) of the act. mr. rane however urged before us that the definition of 'arbitrator' is in two parts: under the first part the definition is intended to indicate what person is meant to be an arbitrator whereas under the second part .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //