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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 31 of about 363 results (0.236 seconds)

Feb 09 1976 (HC)

Dasa Kandha Vs. the State

Court : Orissa

Decided on : Feb-09-1976

Reported in : 42(1976)CLT499; 1976CriLJ2010

..... would be culpable homicide not amounting to murder. therefore, the conviction should be altered from section 302, indian penal code to section 304, part ii indian penal code.8. section 86, indian penal code says that in cases where an act done is not an offence unless done with a particular knowledge or intent, a person who ..... it can be inferred that he was in any state of intoxication at the time when he committed the murder. the state of intoxication, envisaged in section 86 i.p.c., must be such as would render the accused incapable of forming the specific intent essential to constitute the crime. therefore, mere ..... plea taken in the trial court is not sustainable on the evidence on record. he, however, wants to urge another line of defence based under section 86 of the indian penal code. his argument is that the prosecution has led evidence that the appellant had taken some liquor and the learned sessions ..... appellant dealing five successive blows on the deceased killing him instantaneously. it was broad day light then. his evidence is fully corroborated by the medical evidence. the chemical report shows that the axe m. o. i was stained with blood though it was too small for serological test. the dhoti ( ..... , the normal presumption is that a man intends the natural consequences of his acts. it is for the appellant to lead evidence to rebut such a presumption by giving evidence of his drunkenness and proving the degree of his intoxication to show that his mind was so affected by drink that he .....

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Mar 12 1976 (HC)

Babulal Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-12-1976

Reported in : 1977CriLJ59

..... case would be to decide which part of his testimony is false, and which part of his evidence is true, provided there is the required degree of conviction in the mind of the court that a particular part of the testimony of a witness whether it forms a part of the examination ..... who saw the accused pulling out the pair of scissors from the chest of babulal harijan (deceased). p.w. 7 dr. p. dayal is the medical jurist who performed the autopsy on the deceased, and p.w. 8 is the investigating officer in this case. the accused in his statement admitted his ..... -17. the police after usual investigation submitted a challan against the accused-appellant in the court of additional munsiff and judicial magistrate, no. 2, jodhpur who after taking proceedings under section 209, criminal p.c. committed the accused to the court of sessions judge, jodhpur to stand trial for the alleged offence. the learned ..... the deceased making two attempts to assault the accused with a knife, rest of his statement can be relied upon, and it is creditworthy and can be acted upon to the extent it stands corroborated by other reliable evidence. reference may be made to bhagwan singh v. state of haryana. : 1976crilj203 . their ..... not gone out and was very much in jodhpur. thereafter the accused questioned babulal harijan (deceased) as to why he threatened the hotel boys. such an act on his part would not be appreciated. on this babu harijan (deceased) got infuriated and he took out a 'rampuri' knife from his pocket, attempted .....

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Dec 15 1976 (HC)

Mohru Vs. State

Court : Rajasthan

Decided on : Dec-15-1976

Reported in : 1976WLN768

..... from independent source. he further urged that not only the statements of the eye-witnesses do not find any corroboration from the medical evidence, the statement of the doctor definitely contradicts the version given by the eye-witnesses, inasmuch as the doctor says that three injuries sustained by mst. kanta could be ..... could be produced in the court of session be died therefore, hit statement of the committing court was tendered in evidence under section 3 of the evidence act. mst. mahadevi pw/2 turned hostile because she introduced an element that before the accused gave sword blow to the deceased, both the accused and the ..... mst. anjani is established because the doctor examined her on the next day and he found that her hand was twisted. this statement of the medical officer corroborates the statement of mst. anjani that when she tried to intervene and caught hold the hand of mohru when he was to give a ..... that provocation dealt the fatal blows on the person of mst. kanta, then his case falls within the purview of exceptions one and four to section 300 i.p.c.7. all these arguments were advanced before the learned sessions judge and be discarded them for the reasons mentioned in the ..... sword was sent for the chemical examination, but it was found negative for blood. after the investigation, a challan was put up against mohru under section 302 i.p.c. in the court of munsiff magistrate, bayana, who after taking committal proceedings, commuted mohru to the court of sessions to stand .....

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Dec 03 1976 (HC)

M/S. Food Corporation of India Vs. State of Andhra Pradesh.

Court : Andhra Pradesh

Decided on : Dec-03-1976

Reported in : (1977)6CTR(AP)108

..... be designated as 'dealer' only if there is profit-motive .... so far as the state act is concerned, this question does not arise for the straightforward reason that the definition in s. 2(1) (bbb) of that act expressly includes within the concept of 'business' any trade or any adventure or concern in the ..... issue that has gripped the cases must be found from the very definition of dealer as defined in the acts. it would be, therefore, profitable and necessary to read first the definition of dealer as defined in s. 2(1)(e) of the state act.'2(1)(e) dealer means any person who carries on the business of ..... )(e) clearly shows that the central government or a state government, or a local authority is also included within the definition of dealer for the purposes of the act. further, under s. 2(1)(e)(iv), an agent who carries on the business of buying, selling, supplying or distributing goods on behalf of any ..... 8 reads :'notwithstanding anything contained in sub-s. (1a) of s. 6 or sub-s. (1) of sub-s. (2) of this section the tax payable under this act by a dealer on his turnover in so far as the turnover or any part thereof relates to the sale of any goods, the ..... section impose levy of tax on the dealer. the dealer is assessed to tax. he is the assessee. the sales tax law is concerned with sales or purchases effected by a dealer. the sale should be by a dealer as defined in the act. it is, therefore, necessary to have proper conception of the term. now the definition of dealer under s. 2 .....

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Jan 21 1976 (HC)

Rabi Das and ors. Vs. State

Court : Orissa

Decided on : Jan-21-1976

Reported in : 1976CriLJ2004

..... the approver p.w. 23 was standing close just below the veranda. these details of the manner of the killing completely fit in with the medical evidence of the doctor p.w. 24 who did the postmortem examination, ............some of the accused persons have given information leading to discovery of stolen ..... corroboration from independent source. undoubtedly, an accomplice when granted pardon in accordance with law becomes an approver. under the provisions of section 133 of the evidence act,an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon ..... 135. lord du parcq speaking for the board observed:.......... no doubt the evidence of accomplices ought as a rule to be regarded with suspicion. the degree of suspicion which will attach to it must however vary according to the extent and nature of the complicity: sometimes, as was said by sir ..... been relied upon to support the prosecution case, because-(i) p.w. 23 had never been implicated as an accused person in the case;(ii) the entire evidence given by this witness was exculpatory in nature; and(iii) the evidence of p.w. 23 required corroboration on material particulars ..... virtually one trial and essentially the judgments are one, the two appeals were heard together and this common judgment shall dispose of both the appeals.2. malla biswanath was a resident of village haradamara situated in the hilly tracts of jarada police station on the orissa-andhra border and had .....

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Aug 03 1976 (HC)

Asian Steel and Metals (P.) Ltd. Vs. Pari Maganlal Hiralal and anr.

Court : Gujarat

Decided on : Aug-03-1976

Reported in : (1977)18GLR606

..... on these observations, the learned judge has rejected the applications of the petitioner.12. what constitutes 'sufficient cause' within the meaning of section 5 of the limitation act has been the subject matter of observation by various courts. very recently this position was examined threadbare by my learned brother m.p. ..... that application for leave to defend unconditionally was granted. therefore three things follow from this position namely (i) that the summons was properly served, (ii) leave to defend was applied for, and (iii) it was granted unconditionally. thereafter suit was transferred to long cause list. and after the ..... because he has neither applied for setting aside the decree nor has preferred appeal against the decree. present peti tioner original defendant no. 2 gave an application on 24th february 1975 in each suit for setting aside the experts decree and permit it to participate in the proceeding ..... suits nos. 1942 of 1972, 1941 of 1972 and 2161 of 1972 for recovering various amounts from the present petitioner and opponent no. 2. each suit was a summary suit and on summons for judgment being taken out, the defendants in the suit including the present petitioner applied ..... three petitions and contentions are entirely identical and therefore, all the three civil revision applications can be conveniently disposed of by this common judgment.2. a few facts leading to the revision petition may be stated. oppo nent no. 1 in each petition filed three different suits being .....

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Apr 23 1976 (HC)

M.N. Doraisami Vs. Bank of India

Court : Chennai

Decided on : Apr-23-1976

Reported in : (1978)ILLJ94Mad

..... is not possible for her retention at madras on any ground and that if she fails to report for duty as required, it will be definitely taken for granted that she had left the service of the bank. the petitioner instead of reporting for duty at bombay as required, applied for ..... s service re quire that she should proceed to bombay and report for duty in the department for which she was appointed.2. thereafter the petitioner had been on leave on medical grounds up to 7th april, 1970. in the meanwhile, on 5th march, 1970 the first respondent sent a registered letter ..... rai : (1971)illj496sc , an order of dismissal of an employee was found to be in contravention of the regulations made under the air corporation act of 1953. still the supreme court held that the regulations made under the power conferred by a statute embodying the terms and conditions of service in ..... governing the service conditions of the employees. it cannot be claimed that the petitioner is a civil servant entitled to the protection of article 311(2). it cannot also be claimed that the petitioner is entitled to the benefit of industrial and labour laws; nor can she claim that her relation ..... regard to the provisions of the state bank of india act under which it was constituted. here the first respondent, a company originally registered under the indian companies act had been reconstituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1969 as a 'corresponding new bank' and is subject .....

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Apr 23 1976 (HC)

M.N. Doraisami Vs. the Bank of India and anr.

Court : Chennai

Decided on : Apr-23-1976

Reported in : (1977)2MLJ60

..... is not possible for her retention at madras on any ground and that if she fails to report for duty as required, it will be definitely taken for granted that she had left the service of the bank. the petitioner instead of reporting for duty at bombay as required, applied ..... bank's service require that she should proceed to bombay and report for duty in the department for which she was appointed.2. thereafter the petitioner had been on leave on medical grounds upto 7th april, 1970. in the meanwhile, on 5th march, 1970 the first respondent sent a registered letter informing ..... sukhdeo rai : (1971)illj496sc an order of dismissal of an employee was found to be in contravention of the regulations made under the air corporation act of 1953. still the supreme court held that the regulations made under the power conferred by a statute embodying the terms and conditions of service ..... governing the service conditions of the employees. it cannot be claimed that the petitioner is a civil servant entitled to the protection of article 311(2). it cannot also be claimed that the petitioner is entitled to the benefit of industrial and labour laws; nor can she claim that her ..... regard to the provisions of the state bank of india act under which it was constituted. here the first respondent, a company originally registered under the indian companies act had been reconstituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1969 as a 'corresponding new bank and is .....

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Aug 04 1976 (HC)

State of Gujarat Vs. Vinay Vithaldas Shah

Court : Gujarat

Decided on : Aug-04-1976

Reported in : (1977)18GLR475

..... well-known is a life saving drug, widely prescribed and used by the medical profession. the respondent, vinay vithaldas shah, was prosecuted for offences under sections 18(i)(ii), 18 (a) (ii-a) and section 18(c) read with section 27 of the drugs and cosmetics act, 1940 (hereafter referred to as 'the drugs act') in criminal cases nos. 1221 of 1974 and 1220 of 1974 in the ..... at least two years' rigorous imprisonment must be imposed.8. the appeals are therefore, allowed. the sentence imposed by the trial court for an offence under section 18(a)(ii) and section 18(a)(ii-a) read with section 27 is enhanced from one of substantive sentence of simple imprisonment for one day to one of r.i. for two years. the substantive sentence of ..... the assistant director of drugs control administration, by a letter 'dated may 8, 1974, he sent a written reply dated june 5, 1974. this inquiry was made under section 18a of the drugs act which casts an obligation on every person who is not the manufacturer of a drug or cosmetic or his agent for the distribution thereof, to disclose the name ..... , the respondent is a science graduate (see his written statement dated february 19, 1975). as he is a 'qualified person' within the definition of rule 65 of the rules, he was employed at a firm of chemists. he, acting on his own, appears to have sold as many as 4300 capsules, purporting to be tetracycline capsules. the appellant pleaded guilty and in .....

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Nov 30 1976 (HC)

Kajod Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Nov-30-1976

Reported in : 1976WLN723

..... it will undoubtedly vitiate the final order passed by the court, the provisions of section 235(2) cr.p.c. have a very sound and definite purpose to vehieve and they should not be considered as merely ritual formality. section 235(2) cr.p.c. enjoins on the court that after passing a judgment of ..... due and proper hearing would have to be harmonised with the requirement of expeditious disposal of proceedings.7. now, in the present case, a definite prayer was made by the defence counsel to afford him an opportunity to produce evidence to prove the age of the accused. the learned counsel ..... an opportunity for leading evidence on the question' of sentence 'should be given'. we are, therefore, of the view that the hearing contemplated by section 235(2) is not confined merely to hearing oral submissions, hut it is also intended to give an opportunity to the prosecution and the accused to place ..... of these eyewitnesses and i see no good ground to take a contrary view. the testimony of these eve-witnesses is further corroborated by the medical evidence furnished by dr. chiranjilal verma who conducted postmortem examination on the dead body of rupa. he found only one external injury, namely:bruise ..... than 21 years of age, he would have been entitled to get the benefit of the provision of section 6 of the probation of offenders act. the non-compliance with the provisions of section 235(2) in the circumstances, ex facie, vitiates the order of sentence passed by the learned additional sessions judge, .....

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