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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 10 of about 363 results (0.243 seconds)

Dec 17 1976 (SC)

Govindbhai Gordhanbhai Patel and ors. Vs. Gulam Abbas Mulla Allibhai a ...

Court : Supreme Court of India

Decided on : Dec-17-1976

Reported in : AIR1977SC1019; (1977)3SCC179; [1977]2SCR511

..... an agriculturist, intends to take to the profession of agriculture and to whom the collector after having regard to the order of priority mentioned in clause (c) of sub-section (2) of section 32-p, has given a certificate that such person intends to take to the profession of agriculture and is capable of cultivating land personally;....5. by means of communication no ..... clause 1 of rule 36 that he intends to take to the profession of agriculture. after having gone through the merits of the priority list mentioned in clause (c) of 'section 2 of section 32-p, through the mamlatdar thana, permission is hereby granted to shri govindbhai gordhanbhai patel to purchase the land mentioned below from shri ibrahim ismail jetpurwala etc. under ..... ) whether the order of the prant officer dated december 8, 1958, rendered the aforesaid agreement dated may 16, 1957 impossible of performance and as such void under section 56 of the indian contract act and (2) whether in view of the aforesaid order of refusal by the prant officer, thana dated december 8, 1958, the additional collector, thana, was not competent to grant ..... the promise.10. the meaning of the aforesaid expression 'impossible of performance' as used n the above quoted section. would be clear from the following observations made by, lord loreburn in tamplin steamship co. ltd. v. anglo-mexican petroleum products co. ltd., (1916) 2 ac 397* which is generally considered to contain a classic and terse exposition of the law relating to frustration .....

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Feb 02 1976 (HC)

Virmati Ramkrishna Vs. Commissioner of Income-tax, Gujarat-iii

Court : Gujarat

Decided on : Feb-02-1976

Reported in : [1981]131ITR659(Guj)

..... the record we must accept that and hold that in this case the object and purpose with which this expenditure was incurred was solely, as required by section 12, sub-section (2), of the indian income-tax act, for earning the income as a member of the local board of the reserve bank of india...' 19. the expenditure was, accordingly, held to be an ..... . 8. it is pertinent to note that a provision similar to the one found in s. 57(iii) was also there in the earlier acts though its language has changed from time to time. section 11(2) of the act of 1918 provided for the allowance of expenditure in relation to income from 'other sources' in the following terms : 'any expenditure...... incurrred solely for ..... expended wholly and exclusively for the purpose of making or earning income charitable under the head 'income from other sources' and, therefore, is an admissible deduction under section 57(iii) of the income-tax act, 1961 ?' ii. income-tax reference no. 135 of 1974. 3. the assessment years in question are assessment years 1967-68 and 1968-69, the relevant previous years being ..... the provision and as this court observed in cit v. mrs. indumati ratanlal : [1968]70itr353(guj) : 'section 57(iii) is substantially in the same terms as section 12(2) of the old act and, therefore, the decisions on the construction of section 12(2) must also govern the construction of section 57(iii).' 10. at this stage, it would also be convenient to refer to the provisions .....

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Nov 09 1976 (HC)

Yogindraprasad N. Mafatlal Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Decided on : Nov-09-1976

Reported in : [1977]109ITR602(Bom)

..... his benefit, such interest is not contingent.' 25. it is not necessary to set out the provisions of section 120 of the indian succession act which corresponds to section 21 of the transfer of property act. illustration (ii) given under section 120 of the succession act is as follows : '(ii) a sum of money is bequeathed to a 'in case be shall attain the age of 18' or ..... question posed for our determination in the case really turns upon the proper interpretation of the expression 'for the immediate or deferred benefit' occurring in clause (v) of section 64 of the 1961 act and the real question is whether 'deferred benefit' means benefit deferred to a year subsequent to the accounting year in which the income is taxable, so long as ..... family trust and gayatri family trust, the income accruing to the trusts amounting to rs. 30,808 was includible in the total income of the assessee under section 64(v) of the income-tax act, 1961 ?' 2. the question relates to the assessment year 1962-63, the relevant previous year being 31st march, 1962. assessee, yogindraprasad n. mafatlal, who is an individual, created ..... the income-tax act do not apply as the income is not receivable by the trustees on behalf of the minor but is merely added to the corpus. we recommend that the law should be modified so as to tax such income of the minors. there may, however, be cases in which the shares of the beneficiaries are not definite and tax .....

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Aug 04 1976 (HC)

Commercial Art Engravers Pvt. Ltd. Vs. Indian and Eastern Newspapers S ...

Court : Mumbai

Decided on : Aug-04-1976

Reported in : [1978]48CompCas36(Bom)

..... summons taken out by him for sale of certain properties belonging to the company in liquidation. the case was governed by the provisions of section 183(3) of the companies act, 1913. the corresponding section under the act is section 460. section 460 in terms contemplates sanction of the court in regard to 'administration of the assets of the company and distribution thereof amongst the ..... clause (d)] and carrying on such things as are necessary for winding up of the affairs of the company [clause (e)]'. sub-section (2) provides for certain ancillary powers the exercise whereof is not subject to any sanction of the court. sub-section (3) has two limbs : the first limb provides that the exercise by the liquidator of the powers conferred by the ..... some of which have already been indicated. there are cases where disclosure of evidential material might inflict serious harm on the person directly concerned (e.g., disclosure of a distressing medical report to a claimant for social security benefit) or other persons or where disclosure would be a breach of confidence or might be injurious to the public interest (e.g ..... the exceptions relevant for the purpose of the present controversy may be noticed. these exceptions are : (i) where disclosure of a material would be injurious to the public interest, and (ii) such a disclosure will discourage frankness in official reports. professor s. a. de smith in judicial review of administrative action, 3rd edition, at page 180, expounds the law as .....

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Feb 17 1976 (HC)

State Through the Entertainment Tax Inspector Vs. V.N. Sood and ors.

Court : Delhi

Decided on : Feb-17-1976

Reported in : ILR1976Delhi842

..... . it was held by the majority that the payments made by the customers to the restaurant were not payments for admission to entertainment within the meaning of section 1(1) of the finance (new duties) act, 1916 and that the entertainments duty was, thereforee, not chargeable in respect thereof. there were advertisements in the sunday newspapers as to the musical arrangements for the ..... . ans.. the amount of rs. 5.00 and rs. 10.00 per head was exclusively for food.' (3) section 2(3) of the act defines 'entertainment' as including 'any exhibition, performance, amusement, game or sport to which persons are admitted for payment'. the charging section 3 reads as follows : '3(1)there shall be levied and paid to the central government on all payments ..... person liable to pay entertainment tax shall enter or obtain admission to an entertainment without payment of the tax livable under section 3. (2) any person who enters or obtains admission to an entertainment in contravention of the provision of sub-section (1) shall on conviction before a magistrate, be liable to pay a fine not exceeding two hundred rupees and shall in ..... distinguishing between the case of the person who was occupying the chair outside the stand and who nevertheless was entitled to admission within the stand but was concerned only with 2 d. and taking a chair in the roofed structure where the band was playing. the judgment was rested on the ground that the payment included-and this was considered quite .....

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Mar 05 1976 (HC)

Arun Narayan Vs. the State of Karnataka and anr.

Court : Karnataka

Decided on : Mar-05-1976

Reported in : AIR1976Kant174; 1976(1)KarLJ349

..... than agricultural products and articles manufactured in that state, by persons not residents therein, without first obtaining a license and paying therefor. section 2 (d) of article 4 of the american constitution provides that the citizens of each state shall be entitled to all the privileges and ..... based on residence.'his lordship rejected the contention that though the rule purported to grant exemption based on residence within the state, the definition of 'bona fide students' in that rule was really based on the place of birth. his lordship said that when the rule-making ..... bad in law. mr. iyengar maintained that the impugned rules prescribe conditions of eligibility, restrict the rights of applicants to get admission to medical colleges, impose disability on applicants not possessing the qualifications prescribed by them (the rules), constitute the selection committee, empower that committee to ..... rule 10 prescribes the procedure for selection of candidates on the basis of marks secured by them in the pre-university examination or degree examination, subject to reservation for scheduled castes and scheduled tribes and other backward classes.13. we shall now briefly set out the ..... were not permanent residents in the state of maryland.37. in his separate but concurring judgment, bradley, j., observed thus:'... ... ... ... the act of the legislature of maryland, complained of in this case, discriminates in favour of residents and against non-residents of the state and, consequently, .....

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Jul 08 1976 (HC)

Vengalath Madathil Tavazhi Karnavan and anr. Vs. Thorekkat Kunhikrishn ...

Court : Kerala

Decided on : Jul-08-1976

Reported in : AIR1977Ker123

..... till the 31st december 1968. the kerala stay of eviction proceedings (amendment) act, 1969 (act 5 of 1969) which came into force on the 12th february 1969 extended act 9/1967 till the 31st day of december 1969. act 5 of 1969 also introduced section 2-b into the act which was in these terms:''2-b. certain persons who were holding land on or after 1st december ..... insists upon is possession till the date of commencement of the provision. the argument of course proceeds on the basis that by the terms of section 18-a retrospective operation has been given to the definition of the term 'tenant' in the act as also to those provisions in the statute which defined deemed tenants. it was submitted that the clear import of ..... the date of dispossession according to the new definitions introduced by the amending act of 1969 must get the benefit of those amended definitions and thus obtain recovery of possession. if this is the cardinal purpose behind the section, we think we have to read the section as providing the legal fiction that the new definitions introduced by act 35 of 1969 were available on the dates ..... in operation on the date of dispossession can it be said that there is justification for changing the terms of the definition or giving to the words of the section a meaning different from that conveyed by the words of the section. this we think cannot be done. the only thing that can be done is to give to the words of the .....

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Sep 23 1976 (HC)

i. Narasimha Rao and ors. Vs. Govt. of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Sep-23-1976

Reported in : AIR1977AP178

..... of state policy particularly those specified in cls. (b) and (c) of article. 39 of the constitution of india (see the declaration in section 2 of the act), providing for the taking by the sate of surplus lands over the ceiling area from those who have in order to distribute the same among those ..... petition and as argued by the learned counsel appearing for the petitioners.22. the controversy in this case is centered around the interpretation of section 5 of the act and rule 19 of the rules made thereunder which, in so far as they are material, read thus:'5 (1) standard holding for ..... the contention of the petitioner is that the power to classify the lands conferred upon the statutorily designated authorities under section 5 read with explanation ii, sch. i without providing guidelines under section 29 of the act amounts to conferral of unreasonable, arbitrary or discriminatory power. before going to the question, we may at the ..... decency, society has obligations to provide support and the individual is entitled to that support as of right. to the greatest degree possible public welfare should rest upon a comprehensive concept of actual need spelled out in objectively defined eligibility that assures a maximum ..... degree of security and independence. the concept of equal treatment also inheres in entitlement.87. we need a radically new approach to the .....

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Apr 05 1976 (SC)

B. Prabhakara Rao Vs. Desari Panakala Rao and ors.

Court : Supreme Court of India

Decided on : Apr-05-1976

Reported in : AIR1976SC1803; (1976)3SCC550; [1976]3SCR1032

..... examine the legislative goal of the statute under construction, the general policy of the legislature in enacting the relevant sections and the definition of the sources from which information or evidence may be sought by the tribunals working within the framework of the act. mr. justice frankfurter has aptly stated that 'the answers to the problem of an art are in its exercise ..... , or in any area or on any route within the region, under the class of permits to which the applications relate, beyond the limit fixed in that behalf under sub-section (3) of section 47 or sub-section (2) of section 55, as the case may be, the regional transport authority may summarily refuse the application without following the procedure laid down in this sub ..... interest. 12. we may, as a result of the above discussion, set down the following five propositions:1. stage-carriage permits are granted for providing an efficient public transport system. 2. the adjudicatory content has dual elements-public interest in the best stage-carriage service and private title to better serve the public. 3. the procedure is flexible, free from the ..... into that enquiry by private applicants for permits. the pro bono public character of the hearing cannot be scuttled in the name of competitive individual rights and narrow procedural trappings. 2. the minimal facts. the appellant and the 1st respondent, among others, applied for permits to ply a stage carriage on a specified route in the krishna district, andhra pradesh. .....

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Nov 01 1976 (HC)

Prasant Pattajoshy Vs. Principal, Lingaraj Law College

Court : Orissa

Decided on : Nov-01-1976

Reported in : AIR1977Ori107

..... is appropriate that we should first refer in brief to the disqualifications of the petitioner. as already narrated, he has a conviction to his credit for an offence punishable under section 304 of the indian penal code which he has asked to be relieved of by preferring an appeal and it is still pending. of the six criminal cases against the ..... r.n. misra, j. 1. petitioner applied to the principal lingaraj law college located at berhampur, for admission to the pre-law class of the bachelor of law degree course for the 1976-77 session. petitioner possessed the requisite qualification and was selected for admission. on payment of rs. 105/- he was duly admitted to the pre-law class ..... cancelled.........'the fees collected from the petitioner were refunded by a cheque and the documents submitted by the petitioner at the time of admission were returned (vide annexure 2). petitioner challenges this act of the principal as grossly violative of the rules of natural justice and denying the petitioner the right to study in a college maintained at the expenses of the ..... .c.b. medical college at cuttack and the- main question for consideration was whether in awarding punishments, principles of natural justice were relevant. the court quashed the punishments by holding:--'(i) there was no unfettered en absolute discretion vested in any of the college authorities in the matter of awarding disciplinary punishments like rustication and expulsion for acts of misconduct; (ii) ......... ......... (iii) the .....

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