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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 4 of about 363 results (0.310 seconds)

May 03 1976 (SC)

Abdul Majid Abdul Rahman Vs. State of Gujarat

Court : Supreme Court of India

Decided on : May-03-1976

Reported in : AIR1976SC1782; 1976CriLJ1382; (1976)4SCC351; 1976(8)LC652(SC)

..... was duty bound to record the dying declaration of the deceased. he was a disinterested, respectable witness. the trial judge was therefore wholly unjustified in rejecting the evidence of the medical officer.12. the reasons given by the trial judge for not relying upon the testimony of the eye-witnesses were equally flimsy. he discarded the evidence of sikandar on these ..... of the police station. chandubhai however, informed senior jamadar raju mia who came and recorded the first information given by sikandar, at 8. a.m.7. in the meantime, the medical officer had sent an intimation about the death of maiyuddin, injured in the hospital. jamadar raju mia then went to the hospital and collected that dying declaration from dr. shah ..... yards from the scene of occurrence. amirmiyan informed abdul rehman, and then, these. two also reached the hospital. in the hospital the injured was removed to the operation table. the medical officer, dr. shah, found the condition of the patient critical. he. therefore, thought it fit to record to the dying declaration of the patient. the deceased stated to the doctor ..... , j.1. these appeals under section 2a of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, are directed against a judgment of the gujarat high court whereby the acquittal of the appellants was set aside and converted into conviction. the facts are these:2. the appellants, abdul, samad, abdul vahab and abdul walid, are original accused 1, 2 and 3, respectively. accused .....

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May 07 1976 (SC)

Mahendra Singh Dhantwal Vs. Hindustan Motors Ltd. and ors.

Court : Supreme Court of India

Decided on : May-07-1976

Reported in : AIR1976SC2062; (1976)IILLJ259SC; (1976)4SCC606; [1976]SuppSCR635; 1976(1)SLJ521(SC)

..... right to take punitive action under specified conditions.16. to complete the picture we may note in passing that the section was further amended by the industrial disputes (amendment) act (act 36 of 1964) with effect from december 19, 1964, whereby some words were inserted in sub-section (2) of section 33 with which we are not concerned in this appeal.17. from the provisions of ..... one of unfair labour practice or mala fide, but the discharge cannot be said to be for any misconduct. there is no evidence for discharge on any specific misconduct. the definite case of the respondent no. 1 has been that it was by way of retaliatory measure that his services were terminated. this may be true and may show that the ..... was lying ill at banaras, he could not comply with the directions of the company. on september 5, 1960, he sent another telegram followed by a formal application enclosing a medical certificate for extension of his leave. on september 15, 1960, the company sent a letter to him terminating his services on the ground of habitual absence which is a misconduct ..... .3. the workman went on two months' leave to banaras for a change some time in 1960. he requested for extension of leave for one month on medical grounds. he actually sent an application on august 8, 1960, along with a medical certificate praying for extension of his leave. the company asked the workman to get himself examined by the company's .....

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Oct 04 1976 (HC)

Smt. B.K. Bose and anr. Vs. Court of Prescribed Authority, Allahabad a ...

Court : Allahabad

Decided on : Oct-04-1976

Reported in : AIR1977All14

..... petition. 3. sri jagdish swarup, learned counsel for the petitioners contended that the permission originally obtained by respondents nos. 2 and 3 was not obtained on any of the grounds specified under sub-section (1) or sub-section (2) of section 21 of the new act and therefore, the prescribed authority could order eviction of the tenants from the building under tenancy only after satisfying itself ..... accommodation in dispute by a person who did not come within the definition of the term 'family' as contained in the new act. it was further contended that if permission was secured under section 3 of the old act on a ground which was not covered by section 21 (1) or (2) of the new act, the eviction of the tenant from the building under tenancy could ..... ', in relation to a landlord or tenant of a building, means his or her- (i) spouse, (ii) male lineal descendants, (iii) such parents, grandparents and any unmarried or widowed or ..... , namely, the need of the landlords, respondents nos. 2 and 3, for their personal occupation as well as the need for occupation by other members of their big families. 5. sri jagdish swamp, learned counsel for the petitioners has chiefly relied on the definition of the term 'family' contained in section 3 (g) of the new act. it is to the following effect: 'family .....

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Jul 21 1976 (HC)

Gaya Singh Vs. Deputy Director of Consolidation, Etah and ors.

Court : Allahabad

Decided on : Jul-21-1976

Reported in : AIR1977All54

..... ex-proprietary tenancy or occupancy tenancy or hereditary tenancy. it only lays down that such tenancies are heritable but not transferable unless the conditions laid down in sub-section (2) of section 33 of the said act are fulfilled. beg, j. in the case of irshad ahmad v. joint director (1968 r d 129) (all) (supra) seems to have proceeded on the basis that ..... estoppel will not be applicable inasmuch as although the interest of an ex-proprietary tenant is heritable but is not transferable unless the condition laid down in sub-section (2) of section 33 of the said act are fulfilled. on this basis it was urged that since the release or transfer in favour of a co-tenant, notwithstanding that he may have shared in ..... favour release or transfer is not prohibited. beg, j. himself concedes in his judgment that clause (c) of sub-section (2) of section 33 contemplates an existing co-tenant in whose favour release or transfer of interest is made. that itself shows that section 33 does not deal with the creation of the co-tenancy rights. its effect would be that a release or ..... the provisions of section 33 related to the creation of such tenancies including ex-proprietary tenancy. the proviso to sub-section (2) of section 33 only defines the co-tenant in a negative form .....

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May 19 1976 (HC)

The National Industrial Development Corporation Ltd. Vs. State of U.P. ...

Court : Allahabad

Decided on : May-19-1976

Reported in : AIR1977All63

..... , bombay or in any other town or area which the state government may, by notification in the official gazette, specify in this behalf.' sub-section (2) of section 69 mandates that the power shall not be exercised unless and until a notice in writing has been served on the mortgagor. in the present case ..... to accept the contention of mr. shanti bhushan that the property was not sold subject to any encumbrance. in the first place, under section 162 of the land revenue act, only the interest of defaulter in the immovable property could be sold i.e. in the present case, the mortgagor's right of ..... d. c. sri shanti bhushan appearing on behalf of jaipur udyog limited has likewise contended that inasmuch as the sale was under section 69 of the transfer property act the auction purchaser got the property free from encumbrances, and has also contended that all the parties including the auction purchaser always understood ..... in the sale of the properties by the collector, the sale proceeds had to be disbursed in accordance with the provisions of section 69 of the transfer of property act, and secondly that in any event, it was not open for the provident fund commissioner or the employees' state insurance corporation or ..... .c. but the question is whether it is a concurrence in the sale of the type contemplated by the transfer of property act. section 54 of the transfer of property act defines sale thus:--'54. 'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid and .....

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Oct 13 1976 (HC)

ibrat HusaIn Vs. the 4th Additional District and Sessions Judge, Kanpu ...

Court : Allahabad

Decided on : Oct-13-1976

Reported in : AIR1977All72

..... 4 to 7 and that in view of the said finding respondents 4 to 7 have been rightly permitted to deposit the rent under sub-section (2) of section 30 of the new act. i am, however, unable to agree with this submission. the additional district judge in the impugned order while dealing with the respective ..... question as to whether or not the jurisdictional facts necessary to enable him to act under sub-section (2) of section 30 of the new act exist. i am further of opinion that the cases decided under section 7-c (2) of the old act in so far as they lay down that no enquiry on the question as ..... be jurisdictional facts which must exist to entitle the tenant to take recourse to sub-section (2) of section 30 of the act. before issuing notice to the person or persons concerned under sub-section (5) of section 30 of the new act the munsif would have to satisfy himself as to whether the jurisdictional facts were prima ..... of the alleged transfer or assignment. or there may be a case where the agent or attorney referred to in the definition of the term 'landlord' in section 3 (j) of the new act may be claiming to be entitled to receive the rent and the principal may be asserting that the agency has been ..... a building is payable by a tenant to the landlord and not to the owner of the building. 'landlord' has been defined in section 3 (j) of the new act according to the definition'landlord', in relation to a building, means a person to whom its rent is or if the building, were let would be, payable .....

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Nov 05 1976 (HC)

Jagat Nath Wahal and ors. Vs. the U.P. State Road Transport Corporatio ...

Court : Allahabad

Decided on : Nov-05-1976

Reported in : AIR1977All83

..... fifteen days of the commencement of the act a notification as to the aforesaid road transport services 'providing as far as may be for all or any of the matters specified in sub-section (2) of section 4, and the scheme duly confirmed and published under sub-section (3) of section 5.' the route to which it ..... with which we are concerned. the facts and the circumstances of the present case are altogether different. in the instant case, the respondent no. 1 was definitely a person aggrieved. the decision of the supreme court given in j. m. desai v. roshan kumar, (air 1976 sc 578) relied upon by the ..... p. government roadways were running their vehicles in 1955 without permits, therefore the action of the state government could not be saved by section 19(2) (a) of u. p. act ix of 1955. this question was referred to a full bench. the full bench bv its judgment dated 22-4-1975 found that the ..... appeal one of the arguments which had been earlier raised on behalf of the appellants was that the words 'was operating' occurring in section 19 (2) (a) of u. p. act ix of 1955 did mot take within its ambit those operators who were plying or running their vehicles without obtaining permits' from 'the ..... relates shall be called a notified route and the provisions of sections 6 and 7 shall be applicable thereto. in the instant .....

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Aug 06 1976 (HC)

Thakur Prasad Vs. Smt. Kishora

Court : Allahabad

Decided on : Aug-06-1976

Reported in : AIR1977All98

..... a bhumidhar or sirdar shall be made by the court in accordance with the principles that may be prescribed.'9. by the same act, schedule ii of the act was also amended to provide that the suits under section 176 for the division of a holding of a bhumidhar orsirdar shall lie in the court of an assistant collector first class. jurisdiction ..... the words .'collector' or the 'the revenue court'. it may not be out of place to mention that -the expression 'revenue court' has been defined in the land revenue act, 1901, which definition reads as follows:' 'revenue court' means all or any of the following authorities (that is to say) the board and all members thereof, commissioners', additional commissioners, collectors, ..... additional collectors, assistant collectors, settlement officers, assistantsettlement officers, record officers, assistant record officers and tehsildars.'12. presumably, the legislature while passing the 1958 act felt that some suit under section 176 of the act ..... code of civil procedure and order xx, rule 18, civil p. c, those provisions of the code of civil procedure were made applicable to a suit under section 176 of the act by section 198-a thereof. consequently, what the civil court had to do was to pass a decree declaring the rights and shares of the parties, and then send .....

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Oct 27 1976 (HC)

Kamta Prasad Vs. Behari Lal

Court : Allahabad

Decided on : Oct-27-1976

Reported in : AIR1977All109

..... 's full costs of the suit, no decree for eviction shall be passed except on any of the grounds mentioned in the proviso to sub-section (1) or in clauses (b) to (g) of sub-section (2) to section 20, and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary:provided that a tenant ..... reason why the appeal could not, with due diligence, be filed on that very day or an 4th april. in the affidavits filed in support of the application under section 5, limitation act, before the learned district judge, no explanation whatsoever was given for not filing the appeal either on 3rd or 4th april, or even 5th april, 1972. there was no ..... march, 26 to april 3, 1972, be accepted, yet he had failed to explain the delay of three days namely, 3rd, 4th and 5th april, 1972. the application under section 5, limitation act, was rejected and the appeal was dismissed as time-barred.7. aggrieved, the defendant came up to this court. initially he intended to file a civil revision, but later ..... , rule 13, c.p.c. the appeal was not directed against the original decree dated 22nd november, 1971. this appeal was beyond time. the defendant filed an application under section 5, limitation act, for the condonation of delay.6. the learned district judge held that there was no sufficient cause for condoning the delay because even if the defendant's case that .....

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Apr 14 1976 (HC)

Goswami Vrajraiji Ranchhodlalji Maharaj Vs. Controller of Estate Duty, ...

Court : Gujarat

Decided on : Apr-14-1976

Reported in : (1976)1GLR967; [1978]112ITR851(Guj)

..... family, we have to consider the provisions of the 1937 act and the hindu succession act, 1956. the 1937 act provided by section 3 for devolution of petitioner under certain circumstances and so far as is material for the purposes of this judgment, sub-section (2) of section 3 provided : 'when a hindu governed by any school ..... , in order to ascertain the share of vraj priya which was an absolute estate alienable and disposable by virtue of section 14 of the hindu succession act read with section 3(2) of the act of 1937, we have to ask ourselves as to what would have been the share of vraj priya in the ..... of coparceners : it is only on partition that the coparcener can claim that he has become entitled to a definite share. the two principal incidents of coparcenary property are : that the interest of coparcener devolves by survivorship and not by inheritance : and that the ..... is vested in the whole body of coparceners. while it remains joint, no individual member can predicate of the undivided property that he has a definite share therein. the interest of each coparcener is fluctuating, capable of being enlarged by deaths, and liable to be diminished by the birth of sons ..... developed by the anglo-indian courts in the light of certain basic concepts expounded by the ancient law givers, had acquired a degree of consistency and symmetry. the act in investing the widow of a member of a coparcenary with the interest which the member had at the time of his death .....

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