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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 27 of about 363 results (0.219 seconds)

Feb 24 1976 (SC)

Bajrang Lal (Since Deceased) and anr. Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Feb-24-1976

Reported in : AIR1976SC1008; 1976CriLJ727; (1976)2SCC217; [1976]3SCR497; 1976(8)LC277(SC)

..... escaped punishment for want of proof. but the sentence awarded to the appellant is the minimum prescribed by law for an offence under section 5(2) of the prevention of corruption act. the court had no discretion to inflict a lesser sentence on that count.29. for the foregoing reasons, we dismiss this appeal ..... contention of shri a.n. mulla appearing for the appellants is that ram kishan and bajrang lal were not 'public servants' within the definition of the term in section 21, penal code. it is urged that the high court was wrong in assuming that at the ralevant time every person in the service ..... lal and ram kishan were tried in respect of offence under sees. 120b, 420, 465, 471, penal code and under section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947, by the special judge. sita ram and ginesh ram were acquitted of all the charges. bajrang lal and ram ..... no good reason to disturb the conviction of the appellant recorded by the high court in respect of offence under sections 120-b and 465, penal code and section 5(2) of the prevention of corruption act.28. lastly, mr. mulla submitted that the appellant was only a small fry. the bigger fish, the clerks ..... was opined that the term 'officer' in the aforesaid clause means a functionary or holder of some officius or office, however humble, to whom in some degree are delegated certain functions of the government.18. these cases were considered by this court in g. a. monterio v. state of ajmer (4). approving the .....

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Jul 23 1976 (HC)

Srikrishna Jute Mills Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Decided on : Jul-23-1976

Reported in : (1977)IILLJ363AP

..... be no necessity to give any opportunity to the party concerned unless required by statute. any decision taken by the appropriate government under section 10 of the act does not lead to any finality in so far as the dispute between the parties is concerned as the dispute is normally to be ..... follow that government could not thereafter either change its mind or make an order of reference on fresh material before it. under section 10(1) of the industrial disputes act a reference may be made at any time whenever the appropriate government is of opinion that any industrial dispute exists or is ..... page 1209 of the report.in state of madras v. c.p. sarathy : (1953)illj174sc this court held on construction of section 10(1) of the central act that the function of the appropriate government thereunder is an administrative function. it was so held presumably because the government cannot go into the ..... be said in such a situation that the employer would suffer any kind of prejudice if the government proceeds to make a reference under the section without hearing the parties although it has on an earlier occasion declined to make the reference.a similar view was taken by kuppuswami, j. of ..... basis of their convictions for the death of a co-worker. after conducting an enquiry, the petitioner-factory dismissed respondents 4 to 10 from service.2. respondents 4 to 10 approached the conciliation officer in the matter of the dismissal from service. as there was a failure of conciliation, the conciliation .....

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Dec 21 1976 (HC)

A.M.K. Vasudeva Rao (Died) and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Decided on : Dec-21-1976

Reported in : (1978)IILLJ281AP

..... : [1955]1scr117 , venkatrama ayyar, j., speaking for the court held, that the jurisdiction that is conferred on appellate courts under section 11 of the suits valuation act is an equitable one to be exercised when there has been erroneous assumption of jurisdiction by a subordinate court as a result of over- ..... . the order of suspension was passed when the plaintiff was serving in maharashtra. further the order of dismissal itself was passed by the chief medical officer at bombay. all along, right upto 14th april, 1966 when the special court once again convicted and sentenced him, the plaintiff was ..... fact that the plaintiff was serving in maharashtra when he was suspended from service and the order of dismissal was also passed by the chief medical officer at bombay, and, therefore, the cause of action arose within the state of maharashtra. in that view the learned judge held that ..... go into the merits of the case even though it cannot allow the objection as to the place of suing, unless the requirements of section 21 civil procedure code, are satisfied. we cannot accept the contention of sri dwarakeswara rao, that we should straightaway allow the letters patent appeal and ..... was any consequent failure of justice ; nor the learned judge pointed out any consequential failure of justice. that means that the second requirement of section 21, civil procedure code, has been missed by our learned brother while allowing the appeal. we have called upon sri venkataramana reddy to show us whether .....

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Sep 29 1976 (HC)

Maruti Vs. the State of Maharastra

Court : Mumbai

Decided on : Sep-29-1976

Reported in : 1977CriLJ1336

..... behaviour or incapacity to take care of himself are not sufficient to hold that the accused could be guilty either under sub-clause (1) or sub-clause (2) of section 85(1) of the bombay prohibition act. if a person, having taken an intoxicant, drives a jeep car in a rash and negligent manner, dashes it against a wall before it comes to ..... , when he enquired he said : 'if i am sent to m. o. you can do whatever you like.' this expression shows that he is required to be sent to the medical officer, which is a requirement for establishing whether he was in a drunken condition and being a subordinate officer telling his superior, 'you can do whatever you like' does it ..... , according to mr. deshpande, the legislature had intended that this is an aggravated form when these elements are present. he submitted that the definition given in random house dictionary of the word 'disorderly' under law and the definition given of the word 'disorderly', in law lexicon clearly indicates that every sort of disorderly behaviour should not be considered disorderly in law. an ..... or disorderly behaviour in a place of public resort or street or office or station or station house. further relying upon (1916) 17 cri lj 273(1)(lah) in this commentary, it is stated that the word 'riotous' occurring in the section, is sufficiently wide to cover the case of a person who creates a row in a thoroughfare. the word 'disorderly .....

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Aug 09 1976 (HC)

D. Prasad Babu Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Aug-09-1976

Reported in : (1977)ILLJ147AP

..... adjudication. this decision of the government was communicated to the parties concerned.6. we may also refer to the material provisions of the industrial disputes act. section 10 provides for reference to boards, courts or tribunals. such reserence can be made by the appropriate government if it is of the opinion that ..... the management of the corporation and the appellant and, therefore, his attempt at conciliation failed. he reported the matter to the government under section 12(5) of the act. on a consideration of the report and the circumstances of the case, the government refused to refer the matter to the industrial court. ..... fides.8. we will do well in extracting a passage from a recent judgment of the supreme court in hochtief gammon v. state of orissa [1975-ii l.l.j. 418]; air d75 s.c. 2226, which has a bearing on this aspect of the matter. in paragraph 13 of the said judgment ..... this writ appeal, which is directed against the decision of our learned brother lakshmaiah, j., dismissing the appellant's writ petition no. 420 of 1974.2. the material facts are very few and are not in dispute. from the year 1967, the appellant was a conductor in the service of the andhra ..... corporation depot, kurnool v. sri d. prasad babu, ex-conductor no. 355772--conciliation failed-reply under section 12(5)-regardingref;-1. from the labour officer, kurnool, letter no. a/484/73 dated 18th october, 1973.2. from the commissioner of labour hyderabad, letter no c4/34074/73 dated 13th november, 1973.i am .....

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Dec 16 1976 (HC)

Deputy Inspector General of Police, Ambala Range Ambala and anr. Vs. S ...

Court : Punjab and Haryana

Decided on : Dec-16-1976

Reported in : AIR1977P& H196

..... the prescription of such qualifications on the ground of denial of equal opportunity unless there is a flagrant abuse by the agency concerned. for example, if possession of a degree of the andhra university is prescribed as a qualification for appointment in the state of punjab or if the age of 18 is prescribed as the maximum age for ..... , therefore, its view should be accorded considerable weight and respect. i entirely agree. however, he proceeds further to hold :'can it be said that the administrative agency has acted with total unwisdom in preferring youth to middle age in the matter of first promotion from the post of constable to head constable so that those that are promoted are ..... courses passed or practical experience, shall be carefully considered in each case. when the qualifications of two officers are otherwise equal, the senior shall be promoted... ... ... ...' sub-rule (2) provides : 'it is necessary, therefore, that well-educated constables, having the attributes necessary for bearing the responsibilities of upper subordinate rank, should receive accelerated promotion so as to reach that ..... each superintendent of police and shall be divided into two parts:-- (1) selection grade constables considered suitable as candidates for the lower school course at the police training school. (2) constables (selection or time-scale) considered suitable for drill and other special courses at the police training school. selection shall be made from this list as vacancies occur for .....

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Oct 20 1976 (SC)

Patel Jethabhai Chatur Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Oct-20-1976

Reported in : AIR1977SC294; (1977)0GLR360; (1976)4SCC522; [1977]1SCR872

..... the judicial magistrate, kodinar. the charge against accused no. 1 was that he possessed as well as consumed liquor in contravention of the provisions of the act and was, therefore, guilty of offences punishable under section 66(1)(b), while the charge against the other accused, including the appellant, was that they were guilty of consuming liquor in contravention of the provisions ..... were hence liable to be punished for the offence under section 66(1)(b) of the act. the learned judicial magistrate accepted the evidence in regard to the concentration of alcohol in the blood of the accused, but taking the view that breaches of certain rules in the bombay prohibition (medical examination and blood test) rules, 1959 were committed in taking the blood ..... drinking party which was arranged by accused no. 1 in his agricultural farm situate at a place called ghantwad about 50 kms. away from kodinar. besides accused nos. 1 and 2, six other persons who were arraigned as accused nos. 3 to 8 were also present at the drinking party. on receiving information about the drinking party, the district magistrate and ..... (1)(b) of the bombay prohibition act, 1949. the question arising for determination is a short one, but in order to appreciate it, it is necessary to state the facts giving rise to the appeal.2. the appellant, original accused no. 2, was at all material times working as district health officer in district amreli in the state of gujarat. he was, according .....

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Oct 08 1976 (HC)

B. Subbiah Vs. Andhra Handloom Weavers' Co-op Society Ltd. and Ors.

Court : Andhra Pradesh

Decided on : Oct-08-1976

Reported in : (1978)ILLJ37AP

..... but is a statutory condition of service by which the employer is bound. now the labour court in a reference made under section 10 a of the industrial disputes act must consider whether the dismissal was justified. this duty cast upon the labour court necessarily presupposes that it should examine the validity ..... circumstances.12. lastly, it has been argued by mr. k. srinivasa murthy that it is only the authority constituted under section 41 of the andhra pradesh shops and establishments act, 1966 that can examine the validity or otherwise of the order of dismissal or removal on the basis of the statutory ..... an extract from the decision of the madras high court in borosil class works ltd. v. m.g. chitale and richard m.d. souza 1974-ii l.l.j. 184, has been quoted. the principle which the madras high court has laid down in the aforesaid decision is that the punishing authority ..... the society also felt that it was necessary to award punishment of removal from service to the petitioner in order to ensure discipline amongst its employees.2. the petitioner raised an industrial dispute relating to his dismissal by the first respondent-society and the state government made a reference of the dispute ..... the instant case, the conditions of service which the petitioner enjoyed flowed from two sources: (1) his contract of employment; and (2) the statutory protection granted to him by the legislature or the rule-making authority. when, therefore, respondent no. 1 took action against the petitioner for .....

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Aug 30 1976 (HC)

Deviprasad Gupta Vs. Abdul Khaliq and ors.

Court : Allahabad

Decided on : Aug-30-1976

Reported in : AIR1977All112

..... in a petition under article 226 of the constitution the high court has jurisdiction to decide both questions of fact and law, but as we are definitely of the opinion that the points involved can be effectively and appropriately decided in a suit and not in these proceedings, we think that neither was ..... the term of office of the members and the chairman under section 6 read with section 8-a of the town areas act (briefly stated as, the act) is four years. this term of four years can however, be extended under section 6 of the act from time to time by the state government subject to the condition ..... that the total extension does not in aggregate exceed two years. under section 8-b of the act every town area committee is entitled to elect a vice-chairman from among its members. the term of office of the vice- ..... certiorari be issued quashing a document of this nature which is alleged to have been manufactured by an individual in his private capacity. if the appellant acted with an indirect, oblique or ulterior motive in procuring the resolution, for his, personal gain, he cannot be said to have done it in discharge ..... special appeal is directed against the judgment of a learned single judge dated may 12, 1976 allowing the writ petition filed by the respondents nos. 1 to 5.2. gopiganj town, district varanasi, has a town area consisting of ten members including a chairman. at the general election held in 1971, devi prasad gupta the .....

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Sep 15 1976 (HC)

Arjun Singh Vs. the Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Sep-15-1976

Reported in : AIR1977P& H65

..... case before the division bench. in jagdish pandey's case (supra), the bihar legislature had passed the bihar state universities (amendment) act no. 13 of 1962. section 4 of the said act provided that notwithstand-ing the earlier legislation, every appointment, dismissal, removal etc. of a teacher made on or before the specified ..... supreme court that it was implicit in section 4 of the bihar act that the commission before making its recommendation, should hear the teacher concerned according to the principles of natural justice. in fact, these ..... related to the appellant, which modified the terms of this service to the extent that he was required to obtain a second class master's degree within a specified time, failing which his services were to be terminated. it was in this set up that an observation was made by the ..... working as an accountant on ad hoc basis, was reverted to the post of upper division clerk. this order has ambulated the petitioner to this court.2. the official respondents have resisted the action. in the return filed by shri ardaman singh, deputy director, census operations, haryana, it is averred ..... the posts of the assistant accountant and cashier are within the same cadre of upper division clerks. the order of transfer (copy annexure 'p-2') appears to have been necessitated because the third respondent had declined to undergo training in accounts work and had given in writing that he was .....

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