Court : Delhi
Decided on : May-24-1976
Reported in : ILR1976Delhi691
..... view he has formed may either dismiss the charge if the evidence docs not disclose any offence, or dispose of the case summarily under, section 80 of the act, or refer the case to the proper superior military authority, or adjourn the case for the purpose of having the evidence reduced to writing, ..... the court of inquiry. undoubtedly the commandant was a superior officer belonging to the armed forces. he was over all commandant of the armed forces medical college. it is so recorded in the bulletin of information of the college which was produced before us for our perusal. we are not thereforee ..... he was recruited as a boy in the army on july 27. 1948. on may 13, 1963, he was commissioned in the army medical corps as a second lieutenant. in due course of time he rose to the rank of a captain. in that position he was confirmed on may ..... officer, and the judge adovcate, if any, by affixing their signatures thereto. the proceedings are then forwarded to the convening authority for confirmation [rule 67(2)]. the confirming authority may confirm or refuse confirmation (rule 70). thereafter the finding and sentence shall together with confirmation be promulgated. until promulgation has been effected ..... 13, 1970. (2) on november 11, 1968, the appellant was working in the post of an assistant administrative officer in the armed forces medical college at pune. the college has two divisions. one consists of the troops, that is. the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-02-1976
Reported in : AIR1977P& H97
..... girl who married with high hopes which were subsequently belied. she is corroborated to a great extent by the statement made by dr. c. philips, professor of obstetrics and gynaecology, medical college, amritsar, who appeared as p. w. 5, she stated that she examined the appellant and found her to be a virgin. in her cross-examination, she admitted that where ..... azeem v. fahimunnisa begum, air 1969 mys 226, it was held that incapacity or inability of the husband to consummate the marriage is one pattern of impotence. the fact that medical examination showed no constitutional defect in the organ of the husband will not eclipse the proved and established fact that the husband was unable to perform the sexual ..... so far as may be, as if it had been originally instituted therein under the special marriage act, as amended by this act,(2) in every petition or proceeding to which sub-section (1) applies, the court in which the petition or proceeding is pending shall give an opportunity to the pasties to amend the pleadings, in so far as such, amendment is ..... various doctors who declined to give certificates showing the results of their respective examinations. he has not indicated the ailment for which medical examina-tion of the respondent was considered necessary. it appears to us that ram chand (r. w. 2) was probably making frenzied efforts to have his son cured of impotency.10. from the statement of ram chand (r. w .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-30-1976
Reported in : AIR1976SC1836; 103ITR777(SC); (1976)3SCC378; 3SCR947; 1976(8)LC436(SC)
..... , each and every one of the objects must be charitable in order that the trust might be upheld as a valid charity. if no definite part of the property or of its income is allocated to charitable purposes and it would be open to the trustees to apply to the whole ..... religious of charitable institution derived from voluntary contributions and applicable solely to religious or charitable purposes.11. charitable purpose under section 4(3) of the act includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but nothing contained in clause (i) or ..... preparations. this court held that the trust property could not be said to be wholly for religious or charitable purposes within he meaning of section 4(3)(i) of the act. the present appeals are all of the type of east india industries (madras) private limited (1) case and fall within the ..... financial dealings of the various trusts is also the same.13. the appellant contends that the trust is entitled to claim' exemption under section 4(3)(i) of the act because the trust is for religious and. charitable purposes only. as to clauses which confer power on trustees to establish any business, ..... clause (ii) of section 4(3) applies and shall operate to exempt from the provisions of the act that put of the income from property held under a .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-13-1976
..... who stay married. the problems that a divorced wife may encounter when her former husband becomes old or disabled may well differ in kind and degree from those that a woman married to a retired or disabled husband must face. for instance, a divorced wife need not forgo work in ..... confronting families whose breadwinners" stop work. the focus was specifically on "adequate protection for [the husband's] family," and the reports mentioned the high medical expenses often associated with disability and the possibility that the wife might have to forgo work in order to care for her disabled husband. h.r.rep ..... attack on a statute that gave monetary benefits to women based on their general overall need, that is not this case. section 202(b)(1)(b) of the act addresses the particular consequences for his family of a wage earner's old age or disability. congress could rationally have decided that ..... (e), (g) (1970 ed. and supp. v). divorced and married women, with or without dependent children, are eligible to receive monthly payments under these sections in certain circumstances not pertinent here. [ footnote 6 ] the old-age and disability insurance programs are distinct from the provisions for public assistance to the aged ..... (b)(1) of the social security act, 49 stat. 623, as added and amended, 42 u.s.c. 402(b)(1) (1970 ed. and supp. v), provides for the payment of "wife's insurance benefits." [ footnote 2 ] to qualify under this section, a woman must be the page 429 u. s. 183 wife or "divorce .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-12-1976
Reported in : (1978)80BOMLR384
..... her of having extra-marital relationships with her professional colleagues and others, we have power to grant the injunction under sections 18(1) and (2) and (2)(b) of the hindu adoptions and maintenance act.47. in the result, a decree in terms of the clause (c) of the prayer in the petition, ..... wife.44. the word 'maintenance' is not denned in the hindu marriage act. it is, however, denned in the hindu adoptions and maintenance act. under section 3(b) 'maintenance' includes-in all cases, provision for food, clothing, residence, education and medical attendance and treatment.45. whether the tenancy premises which are, as stated ..... respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support...43. under section 27 of that act-in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, ..... mental torture in april 1956. the petitioner had a miscarriage. the husband did not care to nurse her back to normality or to give any medical treatment, as he stated that he could not afford it. she had to go to the doctor to get the medicines etc. the attitude ..... the judgment and decree dated february 6, 1975, passed by a judge of the bombay city civil court, in her petition, under section 10 of the hindu marriage act, 1955, for a decree for judicial separation. in the petition, she had also prayed for an injunction restraining the husband and his servants .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-04-1976
Reported in : 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 .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-18-1976
Reported in : 1976(2)KarLJ396; (1977)IILLJ531Kant
..... that a railway servant working on all post lost one eye and two teeth as a result of a collision between two engines and the medical officer declared that the servant was unfit for jobs in class al and b but fit for class c2 because of his defective vision and ..... off from the vehicle as a result of which there was an accident. in the said accident he sustained injury to his left arm. the medical evidence shows that the injury sustained by bhimaiah resulted in an impairment of free movement of his left hand, cisabling him from driving vehicles. he ..... total disablement' as defined in s. 2(1) of the act. total disablement is defined in the following terms : 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a ..... vehicles. therefore, the commr. was not correct in holding that the injury suffered by bhimaiah amounted to permanent total disablement within the meaning of the 'act'. what is the extent and the nature of the injury and what compensation bhimaiah would be entitled to would, how ever, have to be ascertained afresh ..... of a driver he was entitled to the compensation payable for permanent and total disablement. aggrieved by this decision, the appellant has preferred this appeal. 2. the question for consideration is whether the injury caused to the left arm of bhimaiah, which has disabled him from using his arm freely constituted ' .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-29-1976
Reported in : AIR1977Kant68; 1976(2)KarLJ176
..... difficulty of identification of the two portions of survey no. 4 of karkeswara village, which has vested in the state government under section 4 of the karnataka land reforms act. it is ordered accordingly.9. the parties are directed to bear their own costs.10. the learned government pleader is permitted ..... appear; he sent an application through his brother to the tribunal praying for adjournment on the ground of illness. the application was supported by a medical certificate. the tribunal received that application, but did not pass any order thereon. instead, it proceeded to examine the witnesses for both parties and ..... , c.j.1. this writ petition is directed against order dated 13-5-1975 made by the land tribunal, narasimharajapura taluk, under section 45 of the karnataka land reforms act, 1961, registering devamma hegdathi - respondent no. 3 as occupant of 6 acres 24 guntas of land in survey no. 4 of karkeswara ..... claim of the petitioner for registration of occupancy in respect of 2 acres 20 guntas out of 6 acres 24 guntas in the said survey number.2. respondent no. 3 devamma hegdathi made an application under section 45 of the land reforms act before the land tribunal for registration of occupancy in respect of ..... fixed for enquiry, the tribunal, in proceeding to examine the witnesses in the case in the absence of one of the parties, will be acting in clear violation of the rules of natural justice as the party, who is unable to attend the proceedings of the tribunal, will be denied .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-1976
Reported in : AIR1977Kant42; ILR1977KAR137; 1976(2)KarLJ285
..... situated at binnamangala manavarthakaval village and belonging to the respondents was acquired under the provisions of the land acquisition act under a notification issued on 27-8-1964. respondents were served with the notice under sub-section (2) of, section 12 of the land acquisition act on 2-81970 informing them that an award had been passed in respect of the land that bad been acquired ..... of that article. therefore, it is not possible to accede to the argument that the limitation prescribed by article 181 can be invoked in dealing with applications under section 33-c(2) of the act.' 10. it appears to us that the view expressed by this court in those cases must be held to be applicable, even when considering the scope and applicability ..... , it is well settled that article 181 applies only to applications which are made under the code of civil procedure, and so, its extension to applications made under section 33-c(2) of the act would not be justified. as early as 1880, the bombay high court had held in bai manekbai v. manekji kavasji, (1880) ilr 7 born 213, that article 181 ..... . the case of the respondents before the court below was that they had filed an application under sub-section (1) of section 18 of the land acquisition act requesting the land acquisition officer .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-1976
Reported in : AIR1977Mad92
..... of such steps as a reasonable person would take. while dealing with the scope of the expression 'wilful neglect' occurring in section 2 of the married women's protection act, 1922, the high court of australia in cooper v. cooper, 65 clr 162 stated that the phrase connotes a deliberate and intentional ..... contends as follows: the surcharge order so far as it is against the ex-president and ex-vice-resident cannot be submitted under section 71 of the act. under section 71 a surcharge order could be passed against a person who is entrusted with the organisation and management of the society if he has ..... detention which was deliberate and for some purpose.10. the above decisions clearly indicate that the use of the phrase 'wilful negligence' in section 71 of the act is for the purpose of holding a person in management liable if he has caused loss to the society by his international and purposeful ..... directors, how far they are called upon to distrust and be on their guard against the possibility of fraud being committed, by their subordinate of every degree. it is obvious, if there is such a duty, it must render anything like an intelligent devolution of labour impossible. was mr. cory to ..... such child' are not satisfied by proof of some omission to provide medical aid. in reg. v. senior, 1899 1 qb 283 while dealing with the same expression 'wilfully neglects' occurring in section 1 of the prevention of cruelty to children act, 1894 lord russel, c. j. expressed that whether the words are .....Tag this Judgment!