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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 6 of about 363 results (0.231 seconds)

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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Mar 18 1976 (SC)

State of Haryana and anr. Vs. Chanan Mal and ors.

Court : Supreme Court of India

Decided on : Mar-18-1976

Reported in : AIR1976SC1654; [1976(32)FLR353]; (1977)1SCC340; [1976]3SCR688

..... 4 relates to compensation. section 5 provides for references of disputes about compensation to civil courts. section 6 applies civil procedure to compensation proceedings. section 7 provides for appeals. section 8 contains the necessary powers of the state ..... government to frame rules. these provisions exhaust the act.29. ..... -sections (2) and (3) should be exercised, the collector may by an order in writing subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right has been assigned.28. other provisions of the haryana act are not material section 1 merely gives the act its title and section 2 deals with definitions. section ..... ]2scr537 and m.a. tulloch co's case (supra), as follows at p. 113 of scr at page 1444 of air:the declaration is contained in section 2 of act 67 of 1957 and speaks of the taking and the control of the central government the regulation of mines and development of minerals to the extent provided in .....

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Mar 02 1976 (HC)

Gunanidhi Mohapatra Vs. the Chairman, N.A.C. and ors.

Court : Orissa

Decided on : Mar-02-1976

Reported in : AIR1976Ori181; 42(1976)CLT507

..... made from the municipal fund contrary to law where such illegal payment has been authorised by him while acting as a councillor. he also invited our attention to sub-section (2) of section 94 of the act which requires any councillor to call the attention of the chairman to any waste of council's property. ..... an assistant surgeon. he was not registered as a medical practitioner as required under section 15 of the indian medical councils act (ii) no prior sanction of the state government had been obtained for creating the post of second medical officer as required under section 73 of the orissa municipal act. (iii) the order of appointment in annexure ..... characteristics of the writ of quo warranto and the history of its development in england would appear from the leading case of the king v. speyer, (1916) 1 kb 595. lord reading c. j. pointed out that originally a writ of quo warranto was available only for use by the king against ..... m. s. m. diploma which had been recognised by government as equivalent to m. b. b. s. degree. the qualification prescribed in the advertisement (annexure a/3) was either a m. b. b. s. degree or a d. m. s. m. diploma. thus the requirement of the advertisement was satisfied. it appears from ..... the letter dated 13-11-1065 (annexure t/3) from the chairman of the n. a. c. to the director of health services that the post of medical officer under the state .....

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Apr 28 1976 (SC)

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Decided on : Apr-28-1976

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

..... was confined only to '9 challenge based on the provisions of part iii of the constitution and did not extend to a challenge based on violation of section 299, sub-section (2) of the government of india act, 1935. the petitioner relied on the words '-- is inconsistent with or takes away or abridges any rights conferred by any provisions' of part iii and ..... the rights of individuals results, or appears to result from the general principles of the constitution.dicey observed :there is in the english constitution an absence of these declarations or definitions of rights so dear to foreign constitutionalists. such principles, moreover, as you can discover in the english constitution are, like all maxims established by judicial legislation, mere generalisations drawn ..... to the exigencies of a national crisis. when there is an emergency arising out of a national crisis, a constitutional democratic government has to be temporarily altered to whatever degree necessary to overcome the peril and restore normal conditions. this alteration invariably involves government of a stronger character. the government has to assume larger powers in order to meet ..... the decision of the house of lords in attorney general v. de keyser's royal hotel [1920] a. c. 508. there, in may 1916, the crown, purporting to act under the defence of realm consolidation act, 1914 and the regulations made thereunder took possession of a hotel for the purpose of housing the headquarters' personnel of the royal flying corps and .....

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Mar 23 1976 (SC)

Madhukar G.E. Pankakar Vs. Jaswant Chobbildas Rajani and ors.

Court : Supreme Court of India

Decided on : Mar-23-1976

Reported in : AIR1976SC2283; (1977)1SCC70; [1976]3SCR832

..... government or any local authority; 9. the short question then is whether the appellant is qualified to be a councillor (which expression is rightly deemed to include president, vide section 2(7)). the disqualifying stain is stated to be that he held an office of profit under the state government. he did resign before the date of poll but after the ..... class, the primary responsibility for executing the project being shouldered by a statutory corporation created by section 3 of the act and the infra-structure for implementation is organised by the other provisions of chapter ii. a standing committee administers the affairs of the corporation. a medical benefit council is constituted by the central government to help in the discharge of the duties of ..... a complex of sources. but gurugobinda : [1964]4scr311 and gurushanthappa : [1969]3scr425 took the view that payment of remuneration not from public revenue is a neutral factor. is the degree of control by government decisive? the power to appoint direct and remove, to regulate and discipline, may be good indicia but not decisive, as pointed out in gurushanthappa. in our ..... with the rules framed under section 96 of the insurance act. in this connection, a closer link with the present situation is established by kanta : [1970]2scr835 where an advocate, acting for government under the directions of the government pleader could be said to hold an office of profit. sikri j., (as he then was) adopted the classic definition of 'office' given by .....

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Mar 23 1976 (HC)

Marine and General Insurance Co. Ltd. and ors. Vs. Balkrishna Ramchand ...

Court : Mumbai

Decided on : Mar-23-1976

Reported in : AIR1977Bom53; (1976)78BOMLR262

..... from the date of the application to the date of the deposit as per the award passed by the tribunal and contend that the award is binding under section 95 (2) of the motor vehicles act but only to the extent of rs. 20,000/- or the sum which may be mentioned in the insurance policy.69. if and when the insurance company ..... are three broad topics to be considered in relation to what in commercial parlance is called the risk, namely (1) the risk in the sense of the contractual definition of the peril insured against; (2) the risk in the sense of the subject-matter insured against the stipulated peril; (3) the risk in the sense of the circumstances in which the stipulated ..... from the point of view of the victim. when the measure of damages is considered, the amount awarded is normally based solely on the extent of plaintiffs loss and the degree of defendants' fault is not taken into account (see peter stein and john shand: legal values in western society; page 126). in england also the principles of volenti and of ..... member proceeded to consider the evidence regarding nursing expenses given by dr. bavdekar, miss meena and miss arekar and concluded that the nursing expenses came to rs. 1,400/- and medical expenses came to rs. 300/-. this item of rs. 1,700/- is not challenged before us.21. the learned member further took into consideration the income-tax returns submitted by .....

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Apr 06 1976 (HC)

The United India Fire and General Insurance Co. Ltd. and anr. Vs. Mst. ...

Court : Rajasthan

Decided on : Apr-06-1976

Reported in : AIR1976Raj178

..... is impleaded or applies for being made a party, then it cannot avoid the policy on any ground other than those stated in sub-section (2) of section 96 of the act, vide sub-section (6) thereof and is bound to make payment to the person entitled to the benefit of the decree, of any sum not exceeding the ..... 1968 mad 436) which has been overruled by jaya lakhshmi v. ruby general insurance co. air 1971 mad 143 (fb). it was observed therein that sub-section (2) of section 95 has not been correctly interpreted by the division bench in k. gopal krishnan's case.62. the next case in the series relied upon by the ..... policy holder, and an indemnity against other claims as provided in the policy in question. i do not think that this case has any relevance apart from definition of a 'third party'. under this ruling the policy holder, while being in her own motor car driven by her chauffer was injured in a collision ..... these factors have already been taken into account by the learned tribunal and that is why it reduced the claim from rs. 5,000/- to rs. 2,000/- on account of medical expenses. the objection therefore does not seem to be valid. as held in swaraj motors private ltd. v. t. r. raman pillai 1968 acc cj ..... it was held that in such cases, the liability to make good the damage or loss shall be proportionate, to, the degree to which each person was at fault. in this case 2/3rd of total compensation was made payable by the punjab state on behalf of the punjab roadways and the balance was to be .....

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Nov 26 1976 (HC)

Dr. D.C. JaIn Vs. the University of Jodhpur and ors.

Court : Rajasthan

Decided on : Nov-26-1976

Reported in : AIR1977Raj89; 1976(9)WLN820

..... further provision that the old members either nominated or elected under the statute will be deemed to continue as if they have been elected or nominated under newly substituted section 16 as amended by amendment act of 1972. sub-section (2) of section 16 evinces the legislative intent that statute 4 stood repealed and therefore the legislature had to make provision under the newly substituted ..... contained in the aforesaid books and the other evidence brought on the record is too meagre and not at all sufficient to arrive at a definite finding that dr. divakaran does not hold a post-graduate degree in structural engineering. on the other hand there are positive facts on the record which tend to dislodge the claim of the petitioner. admittedly dr ..... of statutes there is no room to argue that statute 4 still retained its efficacy even when section 16 was substituted by the university amendment act of 1972 and later on by the university second amendment act of 1975.26. from the foregoing discussions i am definitely of the opinion that the petitioner has no right to be nominated under statute 4 of the ..... upon such complicated disputed questions of fact which necessarily require technical knowledge of a particular speciality moresoever when there are very meagre materials on the record to arrive at a definite conclusion. the learned counsel for the petitioner has] only referred to me the university hand book of india and commonwealth university hand book which contain the profiles of the .....

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Apr 01 1976 (HC)

Sarabhai Chemicals Ltd., Baroda Vs. Ambaram Amtharam Patel

Court : Gujarat

Decided on : Apr-01-1976

Reported in : [1977(35)FLR15]; (1977)0GLR455; (1978)ILLJ105Guj

..... was getting a salary of more than rs. 1,000 per month and, therefore, he was not an 'employee' as defined by s. 2(e) of the act. 11. section 2(e) of the act, is in the following terms : '(a) employee means any person (other than an apprentice) employed on wages, not exceeding one thousand rupees ..... alia considered the case of those employees who are employed to do the work of more than one of the kinds mentioned in the definition of s. 2(s) of industrial disputes act, 1947. the supreme court has observed that frequently an employee is required to do more than one kind of work. he may ..... , contemplated by s. 4, controls in any manner, the wide amplitude of the definition contain in s. 2(e). section 4 does not create a liability to pay gratuity. this liability is already created by s. 1(3) which makes the act applicable to certain specified concerns. what s. 4 provides is the quantification and payability ..... raised on behalf of the petitioner by his learned advocate shri nanavati, is that the respondent is not covered by the definition of the term 'employee' as given in s. 2(e) of the act, because, on the date on which he became entitled to the payment of gratuity under s. 4, he was receiving ..... was employed in a managerial and administrative capacity and, therefore, also, his case fell within the exclusion clause of the definition of the term 'employee' given in s. 2(e) of the act. 6. it is not in dispute that when the respondent resigned on 29th june, 1974 his salary was more than rs. 1 .....

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Oct 25 1976 (SC)

Mcdowell and Company Ltd. Vs. Commercial Tax Officer Vii Circle, Hyder ...

Court : Supreme Court of India

Decided on : Oct-25-1976

Reported in : AIR1977SC1459; (1977)1SCC441; [1977]1SCR914; [1977]39STC151(SC)

..... the year. it will be useful at this stage to advert to the definitions of the words 'turnover' and 'sale' as given in clauses (s) and (n) of sub-section (1) of section 2 of the act. shorn of unnecessary details, these definitions run as under :turnover' means the total amount set out in the bill ..... the owner of the bonded warehouse. they have alternatively contended that on a true construction of the expression 'turnover' as defined in section 2(1) (s) of the act, the determinative factor is the total amount set out in the bill of sale as consideration for the sale of the liquor and ..... turnover of m/s. shaw wallace & co. thereupon the deputy commissioner, commercial taxes, hyderabad by virtue of the power vested in him under section 20 of the act issued the impugned notice dated october 9, 1974 to the appellant calling upon it to show cause why the order passed by the assistant commissioner ..... a failure to include the excise duty paid on the aforesaid liquors vended by the appellants in their taxable turnover. accordingly, acting under the provisions of section 14(1) of the act, the commercial tax officer issued notices in february, 1975 to the appellants in the aforesaid first two sets of appeals ..... (who in our opinion cannot but be regarded as primarily responsible for payment of excise duty and countervailing duty respectively in view of sections 21, 28 & 65 of the andhra pradesh excise act, 1968, and rules 3, 4, 5, 6, 67 & 76 of the andhra pradesh distillery rules, 1970, and condition .....

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