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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 32 of about 363 results (0.248 seconds)

Mar 05 1976 (HC)

State of Orissa Vs. Lal Cihhatrapati Sai

Court : Orissa

Decided on : Mar-05-1976

Reported in : 1976CriLJ1342

..... the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established. secondly those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused. thirdly, the circumstances, taken cumulatively should form a chain so completed that there is no escape from ..... hearing the gun report and the rumour that the deceased-who was popularly known as zamindariani, had been shot at rushed to p.w. 1 for medical aid. p.ws. 11 and 12 are the two investigating officers. the former submitted the charge-sheet on 21-11-1973 and it is the latter ..... passed by the sessions judge, sambalpur in sessions case no. 1 (s) of 1974 on 29-8-1974. wherein the respondent was facing trial under section 302, indian penal code for having intentionally caused the death of his wife subarnamanjari dei on 22-8-1973 at his residence in village rajpur by firing ..... everybody. there can be only three possibilities in this case, namely, an outsider having any grudge against the deceased might have come in and done the act; or any other inmate of the house; or the accused himself. the first possibility can be eliminated outright for any such assailant could not possibly ..... liver tissue was protruding. the wound was 6' deep and its direction was horizontal to the foot. besides these, there was an ecchymosis 2 1/2'x 1' 1/2' behind the elbow joint of the right arm. on dissection the material things that he found within the wound were six pieces of round .....

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Dec 23 1976 (HC)

State of Rajasthan Vs. Baldeo Singh and anr.

Court : Rajasthan

Decided on : Dec-23-1976

Reported in : 1976WLN(UC)609

..... cannot be relied upon to convict the accused. the first information report can be used only to corroborate or contradict the informer under section 157 and 145 of the evidence act. therefore, the circumstances, under which the first information report was promptly lodged does not help the prosecution case.22. the next ..... is true that the injuries on the persons of the accused were received near about the time the incident took place as is evident from the medical evidence but it has not been established by the prosecution that they were received during the course of incident. there is no prosecution witness to ..... to the benefit of doubt.34. the result is that the appeals of the accused baldeo singh and sukhdeo singh ate allowed. their conviction under section 302 i.p.c. and sentence to death as passed by the learned additional sessions judge are set aside. the murder reference made by the ..... to the police station, sangaria, where he lodged the first information report ex. p/l. after investigation the police challaned the accused for the offence under section 302, ipc in the court of the judicial magistrate, hanumangarh, who committed them to stand their trial to the court of additional sessions judge, hanumangarh.3. ..... /4' x bone deep on right parieto occipital region at 90 degrees angle to injury no. 2 posteriorly.4. incised wound 1/2' x 1/4' x bone deep on right mastoid region.5. x shaped indentations on left scapular region 4' x o. 2' each caused by sharp weapon.6. one indentation 5' x .....

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Aug 23 1976 (HC)

Mangu and ors. Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Aug-23-1976

Reported in : 1976WLN448

..... the learned judge further held that the injuries received by girdhari were definitely likely to cause his death and the accused persons-knew that this was the likely result of he injuries he therefore, convicted all the accused persons under section 304 part ii read with 149 ipc similarly for the injuries received by the other ..... kishori prasad's case 1969 car 48 (sc) which, lays down that where a person is acquitted of an offence read with section 149 ipc, he is liable for his individual acts. in ishwar singh v. state of rajasthan 1972 wln 269 and also in ram swarup v. state : 1955crilj721 it was reitereated ..... skull fractured at various places there was hemorrhage in the brain and quid had clotted blood over the surface of the brain under the membrane. the medical (sic) was of the opinion that the death occurred on account of coma by bead injury. the jurist was further of the view that collectively ..... if the accused did no permit them to commit criminal trespass and repelled them, then, it cannot be said that their act was covered by any of the objects enumerated in section 141 ipc it was painted out that the assailants could not be five in number as it is not possible for anyone ..... was no unlawful assembly, it the court comes to the conclusion that there was no unlawful assembly, then the accused can be held responsible for individual acts only the trial judge also erred in rejecting the right of private defence of property and person. the theory of right of private deference was taken .....

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May 24 1976 (FN)

VA. Pharmacy Bd. Vs. VA. Consumer Council

Court : US Supreme Court

Decided on : May-24-1976

..... advertisement of low drug prices will result in overconsumption and in abuse of the advertised drugs. the argument prudently has been omitted. by definition, the drugs at issue here may be sold only on a physician's prescription. we do not assume, as apparently the dissent does ..... s. 809 , 421 u. s. 811 (1975); schneider v. state, 308 u. s. 147 , 308 u. s. 160 (1939). [ footnote 2 ] section 54-524.35 provides in full: "any pharmacist shall be considered guilty of unprofessional conduct who (1) is found guilty of any crime involving grave moral turpitude, ..... to induce transactions which are themselves illegal. in a final footnote, the opinion tosses a bone to the traditionalists in the legal and medical professions by suggesting that, because they sell services, rather than drugs the holding of this case is not automatically applicable to advertising in ..... justify the conclusion that commercial speech is valueless, and thus subject to complete suppression by the state, they nonetheless suggest that a different degree of protection is necessary to insure that the flow of truthful and legitimate commercial information is unimpaired. the truth of commercial speech, for ..... 372 u. s. 730 (1963): "the doctrine . . . that due process authorizes courts to hold laws unconstitutional when they believe the legislature has acted unwisely -- has long since been discarded. we have returned to the original constitutional proposition that courts do not substitute their social and economic beliefs for the .....

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Jul 01 1976 (FN)

Usery Vs. Turner Elkhorn Mining Co.

Court : US Supreme Court

Decided on : Jul-01-1976

..... (e), as set forth in 30 u.s.c. 932(e) (1970 ed., supp. iv), quite clearly provides that "[n]o payment of benefits shall be required under this section . . . (2) for any period prior to january 1, 1974; or (3) for any period after twelve years after december 30, 1969." this time limitation, applicable in part c cases by its ..... was no more constrained to require a preliminary showing of the degree of dust concentration to which a miner was exposed, a historical fact difficult for the miner to prove, than it was to require a preliminary showing with respect to all ..... carbonic gas co., 220 u. s. 61 , 220 u. s. 78 (1911). the operators insist, however, that the 10-year presumptions are arbitrary, because they fail to account for varying degrees of exposure, some of which would pose lesser dangers than others. we reject this contention. in providing for a shifting of the burden of going forward to the operators, congress ..... industry before the effective date of the act; that the act's definitions, presumptions, and limitations on rebuttal evidence unconstitutionally impair the operators' ability to defend against benefit claims; and that certain regulations promulgated by the secretary of labor regarding the apportionment of liability for benefits among operators, and the provision of medical benefits, are inconsistent with the act, and constitutionally defective. page 428 u .....

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Jun 30 1976 (FN)

Nebraska Press Assn. Vs. Stuart

Court : US Supreme Court

Decided on : Jun-30-1976

..... absolutist" position of petitioners for assuming that "each and every exercise of freedom of the press is equally important" and that "there can be no degree of values for the particular right in which the absolutist has a special interest." 194 neb. at 799, 800, 236 n.w.2d at 804. ..... had made to other persons; (3) the contents of a note he had written the night of the crime; (4) certain aspects of the medical testimony at the preliminary hearing; and (5) the identity of the page 427 u. s. 544 victims of the alleged sexual assault and the nature ..... primary requirements of decency may be enforced against obscene publications," and that "[t]he security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government [for] [t]he constitutional guaranty of free speech does not 'protect a man from ..... reasons the protection against prior restraint should have particular force as applied to reporting of criminal proceedings, whether the crime in question is a single isolated act or a pattern of criminal conduct. "a responsible press has always been regarded as page 427 u. s. 560 the handmaiden of effective judicial ..... state of nebraska had properly intervened in that action. [ footnote 2/8 ] addressing the merits of the prior restraint issued by the district court, the nebraska supreme court acknowledged that this court "has not yet had occasion to speak definitively where a clash between these two preferred rights [the first amendment .....

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Jun 28 1976 (FN)

Elrod Vs. Burns

Court : US Supreme Court

Decided on : Jun-28-1976

..... this regard, petitioners' reliance on american communications assn. v. douds, 339 u. s. 382 (1950), is misplaced. to be sure, that decision upheld a section of the national labor relations act denying certain benefits of the act to labor organizations which had not filed with the national labor relations board affidavits that their leaders were not members of the communist party. the ..... although an extensive recounting of that history is not necessary, i think it important to page 427 u. s. 378 survey it more fully than does the plurality opinion. [ footnote 2/2 ] the observation that patronage in employment received its primary popularization and legitimation during jackson's presidency, ante at 427 u. s. 353 , understates the historical antecedents of the practice, ..... justiciability. baker v. carr, 369 u. s. 186 (1962). the difficulty of formulating standards might pose a bar to judicial review of some patronage practices not before us. [ footnote 2/2 ] the sources primarily relied upon for the statements in text are c. fish, the civil service and the patronage (1905), and d. rosenbloom, federal service and the constitution (1971). ..... need some support rooted in gratitude for material favors which at the same time do not injure the general public." letter to new republic, july 14, 1952, p. 2. [ footnote 2/9 ] the plurality might be taken to concede some promotion of the democratic process by patronage hiring practices but to conclude that in net effect such practices will reduce .....

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Apr 21 1976 (FN)

Department of the Air Force Vs. Rose

Court : US Supreme Court

Decided on : Apr-21-1976

..... subject an individual citizen to the risk of possible severe damage to his reputation simply to permit law students to invade individual privacy to prepare a law journal article. its definition of a "clearly unwarranted invasion of personal page 425 u. s. 385 privacy" as equated with "protect[ing] an individual's private affairs from unnecessary public scrutiny . . . ," s. ..... rights 'and the preservation of public rights to government information.'" id. at 269. to be sure, redaction cannot eliminate all risks of identifiability, as any human approximation risks some degree of imperfection, and the consequences of exposure of identity can admittedly be severe. but redaction is a familiar technique in other contexts, [ footnote 20 ] and exemptions to disclosure under ..... of the air force, has chosen not to disseminate the records, and its decision to that effect is being challenged by a citizen under the freedom of information act. that act, as both the court's opinion and the dissenting opinion of the chief justice point out, requires the federal courts to balance the claim of right of access ..... any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action." " * * * *" "(b) this section does not apply to matters that are --" " * * * *" "(2) related solely to the internal personnel rules and practices of an agency;" " * * * *" "(6) personnel and medical files and similar files the disclosure of which would constitute a clearly .....

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Feb 24 1976 (FN)

Mathews Vs. Eldridge

Court : US Supreme Court

Decided on : Feb-24-1976

..... like. brief for afl-cio et al. as amici curiae app. 4a. see n 29, infra. [ footnote 27 ] amici emphasize that, because an identical definition of disability is employed in both the title ii social security program and in the companion welfare system for the disabled, supplemental security income (ssi), compare 42 u.s.c. 423(d)(1) with 1382c ..... denial of claimed benefits. the only avenue for judicial review is 42 u.s.c. 405(g), which requires exhaustion of the administrative remedies provided under the act as a jurisdictional prerequisite. section 405(g) in part provides: "any individual, after any final decision of the secretary made after a hearing to which he was a party, irrespective of ..... the house committee on ways and means, report on the disability insurance program, 93d cong., 2d sess., 910, 419-429 (1974) (hereinafter staff report). as goldberg illustrates, the degree of potential deprivation that may be created by a particular decision is a factor to be considered in assessing the validity of any administrative decisionmaking process. cf. morrissey v. brewer ..... of communicating his case to the decisionmaker. the detailed questionnaire identifies with particularity the information relevant to the entitlement decision. information critical to the decision is derived directly from medical sources. finally, prior to termination of benefits, the disability recipient or his representative is afforded full access to the information relied on by the state agency, is provided .....

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Feb 12 1976 (HC)

Bengal Coal Co. Vs. Shahed Miah

Court : Kolkata

Decided on : Feb-12-1976

Reported in : (1977)IILLJ516Cal

..... of earning capacity. in other words, the finding of the commissioner is based on no evidence at all. section 4(1)(c)(ii) of the workmen's compensation act, 192) provides that subject to the provisions of the act the amount of compensation shall be where permanent partial disablement results from the injury-in the case of an ..... question of a loss of earning capacity arises and the loss or diminution of such capacity must obviously be established by evidence other than the medical evidence. the utmost a medical witness can give by way of a percentage is to give the percentage of the lots of the normal physical capacity or power. the loss ..... of work he had been accustomed to do and that physically he is still in a position to perform the same kind of work with an equal degree of efficiency arid yet it may be that because of the visible disfigurement, he is refused employment by every one so that his labour has become ..... the loss of a limb, the capacity of the affected workman to do the kind of work he was accustomed to do has not in the slightest degree been affected, nor has any difficulty arising in the way of his getting employment of the usual kind by reason of the injury. in such a case ..... . bhattacharya was examined. he had seen the patient on the 12th september, 1966. his evidence is :there is one irregular scar mark of 2 inches by 2 inches on the medical side of the left foot resulting from the skin-grafting of the lacerated injury. there is no evidence of any injury to the nerves and .....

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