Court : Chennai
Decided on : Oct-03-1977
Reported in : 1978CriLJ1390
..... i. d. madras for offences punishable (under section 4 read with section 5 of the indian medical degrees act, 1916) on the allegation that the petitioner, who was a-l and his son who was a-2, started and conducted an institution called the 'allopathic medical training centre' and professed to impart 'training in western medical science' and awarded certificates to candidates who were ..... has been issuing such certificates as aforesaid. the learned counsel for the petitioner contends that by the issue of such certificates, the provisions of sections 3 and 4 of the indian medical degrees act have not been contravened. it is unnecessary to go into the oral evidence in this case except to say that the petitioner has been ..... and convicted him thereunder and sentenced him to pay a fine of rs. l,000/- and in default to suffer rigorous imprisonment for three months. a-2 and a-3 were found not guilty and acquitted. this ..... alleged to have undergone training in that institute and passed the final examination conducted by the institute. the learned magistrate found the revision petitioner guilty under section 4 read with section 5 of the indian medical degrees act .....Tag this Judgment!
Court : Kerala
Decided on : Sep-23-1977
Reported in : 1978CriLJ522
..... judgment which he delivers may be such an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act.9. the supreme court interpreted the scope of section 197(1) of the cr.pc in ..... a result of the torture at the hands of the accused and other police officers. she could not pursue her routine work for 2 or three months. she was under treatment by the medical officer attached to the cannanore prison. a scar which was the result of the injuries sustained by her is visible even now. ..... . this went on till the night of the 30th aug. it was during the night of 30th aug. that he was taken to the crime branch ii office at chakarathukulam at the instance oi the petitioner and the petitioner asked her to strip off her clothes. when she failed to remove her underwear, he ..... in a position to walk, she was dragged to the place where the accused was sitting. she was thereafter taken in the van to chakkarathukulam crime branch-ii office and put in a room. there were muhammadali, bhaskaran, aravindan and others who were in the van while she was brought to the batheri police station ..... were initiated on a private complaint. the gist of the complaint is as follows: the complainant is a resident of purak-kadi amsom in south wynad. at 2 p. lion 28-8-1975, two constables of the ba-theri police station came to her residence and took her to the police station. there were two .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-06-1977
Reported in : (1978)IILLJ487AP
..... have been suffering from continued ill-health on the date of termination. any termination of service for past continued ill-health cannot be excluded from the definition of ' retrenchment' under section 2(oo) of the industrial disputes act. as ' retrenchment ' means termination by the employer of the services of a workman for any reason whatsoever otherwise than by punishment inflicted by ..... being lifted was a mistake which was rectified by terminating his services and (2) that he was medically unfit to become a permanent workman.10. the indian airlines corporation is governed by the provisions of the air corporations act, 1953 (act 27 of 1953) section 8 of the said act empowers the appointment of a general manager and also other employees subject to ..... . that consideration would not have weighed with the management if it had taken note of dr. brahmaji rao's report which disclosed only a ' heart disease '. the chief medical officer, indian airlines headquarters, new delhi in his letter dated 19-4-1972 while declaring the petitioner ' unfit for recruitment in the indian airlines, after careful consideration of the ..... continued ill-health. ' continued ill-health ' implies ' ill-health ' for a long period continuing right upto the date of termination of service. ''past ill-health' or 'past medically unfitness '. by itself cannot be termed as ' continued ill-health'. ill-health which is intermittent cannot be termed as.' continued ill-health'. it is should be of sufficiently long duration .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-13-1977
Reported in : (1978)ILLJ526AP
..... of india to the appellants in which the director general of shipping has stated that the crew of fishing trawlers registered under the merchant shipping act would come within the definition of 'seamen' under section 3(42) of the act. thus, different departments of the government of india have been taking different views at different times. we cannot in any be influenced by the ..... the appellant that the tribunal had no jurisdiction to decide the dispute between the appellant and certain workmen represented by the second respondent-union, referred to it by the government.2. the appellant is a company carrying on inter alia the business of exporting prawns. it owns two fishing trawlers weighing 149 tons each, which are registered under the merchant ..... act in any ship except a homo trade ship of less than two hundred tons gross from any port in india unless the seaman is ..... being made by the central government for the purpose of enabling seamen's employment offices effective to exercise their powers under the act. under section 96 engagement of seamen in contravention of the act is prohibited. section 98 deals with the qualifications for and she medical examination of seamen. section 99 provides that no person shall engage or carry to sea any seaman under she .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-1977
Reported in : AIR1977SC2236; 1977CriLJ1921; (1977)4SCC44; 1SCR301
..... their father, induced by the stress of the reprisal urge and spurred by his brothers' rush after the foe, but all the same definitely helping them in their aggression. that he was too infantine to understand the deadly import of the sword blows he delivered is obvious; ..... healing. in 1951, the unesco recommended a policy of probation as a major instrument of therapeutic forensics. far more comprehensive than section 562 of the crpc, the indian act still leaves room for improvement in philosophy, application, education and periodical review through treatment tribunals, to mention but a few. ..... these observations in the expectation that, facilities being available and the prisoner's consent being forthcoming, he will be given, under proper initiation and medical authorisation, courses which will refine his behavior, develop his full potential and thereby justify the justice of his forced tenancy for four years.28 ..... two.6. when a crime is committed by the concerted action of a plurality of persons constructive liability implicates each participant, but the degree of criminality may vary depending not only on the injurious sequel but also on the part played and the circumstances present, making a personalised ..... of criminal culpability presenting mixed questions of fact and law and a theme of juvenile justice, a criminological cinderella of the indian law-in-action.2. hiralal mallick, the sole appellant before us, was a 12-year old lad when he toddled into crime, conjointly with his two elder .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-11-1977
Reported in : AIR1977AP381; (1978)ILLJ160AP
..... brother, madhava reddy, j. he felt that the earlier full bench decision of this high court in harijander singh v. kakatiya medical college, warrangal, : air1975ap35 (fb) is affected by the decision of the supreme court in vaish degree college v. lakshmi narain, air 1976 sc 888 and that the decision of the full bench of this court in harijander ..... partem into this area.'14. in the instant case, it must be pointed out that the provision of the andhra pradesh recognised private educational institution (control) act, being andhra pradesh act no. xi of 1975 cannot apply, because the dispute regarding the appointment of headmistress of the school run by the second respondent society arise much prior to ..... of public instruction ii. hyderabad and the 3rd respondent is another assistant in the school conducted by the second respondent-society. the grievance of the ..... reconsideration. he, therefore, referred the whole matter to the full bench.2. the matter arises under the following circumstances. the petitioner herein is the seniormost assistant in the school conducted by the second respondent-society. the second respondent-society was registered under the hyderabad non-trading societies registration act, which is still in force. the first respondent is the director .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1977
..... . the statute was intended to provide maximum deterrence, and its existence on the statute books provided fair warning as to the degree of culpability which the state ascribed to the act of murder petitioner's highly technical argument is at odds with the statement of this court in chicot county dist. v. baxter ..... the sentencing proceedings. if the court does not make the findings requiring the death sentence, the court shall impose sentence of life imprisonment in accordance with section 775.082." "(4) review of judgment and sentence. -- the judgment of conviction and sentence of death shall be subject to automatic review by the ..... of school so that the many scars, cuts and bruises on her body would not be seen by others." "12. defendant made no effort to get professional medical care and attention for the child, and, in fact, actively prevented any outsiders from discovering her condition." "13. choked her on the night she died, ..... more relevant to the legal issue than the fact that 10 of the 12 jurors who heard all of the evidence voted to spare his life. [ footnote 2/2 ] in response to this court's decision in furman v. georgia, 408 u. s. 238 , the florida supreme court held that the florida death ..... u. s. 242 . before this statute was passed, as a matter of florida law, the crime committed by petitioner was not a capital offense. [ footnote 2/2 ] it is undisputed, therefore, that a law passed after the offense is the source of florida's power to put petitioner to death. page 432 u. s .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-05-1977
Reported in : (1979)81BOMLR241
..... faculties is, generally speaking, the same for all. thus for loss of expectation of life the conventional figure has become the norm, unless the case is definitely abnormal. what, then, apart from the special case, would justify an increase or reduction in the price of happiness? no one-least of all any ..... sum awarded between the various heads of damage and to set out the factors which they take into account there is no reason why a reasonable degree both of consistency and of fairness between litigants should not be achieved. but it remains true that every case must ultimately be decided on its ..... second injury in para. no. 3 of my plaint is not visible externally but internally i feel. today i have no medical evidence for the feeling of the internal injury no. 2. it is correct to say that there is nothing near my right ear so far as the third injury is stated in ..... juries, judges and appellate courts.'22. so far as the question of deduction of the amount of compensation received by chhabra under the workmen's compensation act is concerned, it appears to be well settled law in england that, in an action for damages for personal injuries, this must, in assessing these ..... here that, relying on these two decisions, in municipal corporation of delhi v. subhagwanti : 3scr649 , the supreme court granted damages under the fatal accidents act.14. again, in yorkshire electricity board v. naylor  a.c. 529, the house of lords dealt with the question of damages for loss of expectation .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-22-1977
Reported in : AIR1978Bom273; (1979)81BOMLR129; 1978MhLJ59
..... board of works air 1929 pc 181 it is always unsatisfactory and generally unsafe to seek the meaning of words used in an act in the definition clauses of another statute dealing with matters more or less cognate even when enacted by the same legislature and much more so when ..... tribunal which is the competent authority to entertain and decide the revision petition against the order passed by the officer on special duty under section 91(2) of the act. therefore, according to shri munshi as the order passed by the divisional joint registrar is without jurisdiction, the same is liable to ..... learned counsel for the petitioner contended before us that the order passed by the divisional joint registrar, co-operative societies, nagpur in revision under section 154 of the act is wholly without jurisdiction. according to shri munshi, the learned counsel for the petitioner, the divisional joint registrar had no authority, power ..... not determine in every case, having regard to the nature of employment, that he is a servant. a doctor may be employed as a medical officer and though no control is exercised over him in respect of the manner he should do the work nor in respect of the day ..... definition based on socio-economic as-pect is: co-operative society is an association for the purpose of joint trading originating among the weak and conducted always in unselfish spirit on such terms that all who are prepared to assume the duties of membership may share in its rewards in proportion to the degree .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-19-1977
..... states, 217 u. s. 349 , 217 u. s. 371 -373 (1910). indeed, the principal concern of the american framers appears to have been with the legislative definition of crimes and punishments. in re kemmler, 136 u. s. 436 , 136 u. s. 446 -447 (1890); page 430 u. s. 666 furman v. georgia ..... an organ or tissue . . . ; the blood is usually clotted (or partly clotted), and, depending on how long it has been there, may manifest various degrees of organization and decolorization." [ footnote 10 ] app. 3-4, 18-20, 68-85, 129-136. [ footnote 11 ] id. at 4-5, 104-113 ..... circumstances not calculated to hold the student up to shame or ridicule. the regulation cautioned against using corporal punishment against a student under psychological or medical treatment, and warned that the person administering the punishment "must realize his own personal liabilities" in any case of physical injury. app. 15 ..... punishment be degrading or unduly severe in its nature. . . ." effective july 1, 1976, the florida legislature amended the law governing corporal punishment. section 232.27 now reads: "subject to law and to the rules of the district school board, each teacher or other member of the staff of ..... punishment was "excessive." this tort action is utterly inadequate to protect against erroneous infliction of punishment for two reasons. [ footnote 2/10 ] first, under florida law, a student punished for an act he did not commit cannot recover damages from a teacher "proceeding page 430 u. s. 694 in utmost good faith .....Tag this Judgment!