Court : Delhi
Decided on : Dec-19-1980
Reported in : 19(1981)DLT239; 1981RLR255
..... there was conception it is not to be assumed that it was the reault of proper intercourse. their lordships further look note of a passage from taylor's medical jurisprudence which reads :- 'a curious, though no. doubt legally correct, decision, was reached in a' case in 1950 in which a wife asked the ..... the petitioner. (8) the third point noticed by the trial court is that there is no other evidence besides the statement of the petitioner either medical or otherwise to show that the husband could not cause erection and perform sexual intercourse. in cases involving pyschic condition the only direct evidence available by ..... the husband-respondent moved an application to lead additional evidence on both the issues which was allowed and he summoned the record of all india institute of medical sciences where the petitioner was working. the record was produced and the statement made by the petitioner was found to be correct that she became pregnant ..... . (5) the second point taken specific note of by the trial court is that the wife .did not ask for the medical examination of the husband and the trial court was of the view that she is to be blamed for it. i do not think ..... of the additional district judge dismissing the petition under section 18 and 22 of the indian divorce act, 1969. the petition was tried and heard on the following issues:- 1. whether the respondent is impatent, as alleged in the petition? if so, to what effect opa 2. whether the respondent has treated the petitioner with .....Tag this Judgment!
Court : Chennai
Decided on : Jan-10-1980
Reported in : (1980)18CTR(Mad)33; 128ITR727(Mad)
..... facts and in the circumstances of the case, the tribunal was within its jurisdiction in finding that the provisions of section 154 would not apply to the assessee's case ?' 2. the assessee is a medical practitioner having taken a post-graduate degree. for the assessment year 1972-73, he claimed development rebate on x-ray machines amounting to rs. 13,013. ..... : 'any business, trade, undertaking, manufacture, or calling of employers and including any calling, service, employment, handicraft or industrial occupation or avocation of workmen'. having regard to the wide definition of the word, the supreme court held that the institutions described above would all come within the scope of an industry. in the course of the judgment, in para. 154 ..... undertaking. the result was that the distinction between a trade and a profession was practically annihilated in view of the definition. learned counsel for the commissioner contended that this result followed because of the particular definition in the industrial disputes act. 6. assuming that the result that follows from the judgment of the supreme court has to be attributed only to ..... the language of the provision, then it would not be a proper guide for construing the provisions of a different enactment where there is no statutory definition. therefore, we do .....Tag this Judgment!
Court : Delhi
Decided on : Oct-16-1980
Reported in : 1981CriLJ667a
..... a direction to convict by an indirect method of ordering re-trial when it cannot directly convert a finding of acquittal into a finding of conviction as enjoined by section 401(3), cr.p.c., see k. chinnaswamy reddy v. state of andhra pradesh, : 3scr412 ; thakur ram v. state of bihar, : ..... . this burden cannot be discharged by showing merely a preponderance of probabilities in his favor. as envisaged by s. 11, he has to show a high degree of probability in his favor. in satya vir v. state : air1958all746 , it was remarked that the omission on the part of the accused to produce all ..... evidence in support of his plea which could have easily been produced, would raise a presumption against him under illustration (g) to s. 114, evidence act, 1872, that it would, if produced, have been unfavorable to him. the accused did not produce the nurse who made the entries in the indoor ..... satisfactorily explained. 9. i have considered. while discussing the plea of alibi, the learned judge misdirected himself by applying s. 105 of the evidence act which is applicable to exceptions and not to alibi. alibi is not an exception under the penal code or any other law. alibi is governed by ..... intercostal space. (2) the surgeon made exploratory laparotomy and discovered a lacerated wound on the left kidney and supra-renal, with big retro peritoneal haematoma. this injury was described as grievous caused by a sharp object and would have been fatal in the ordinary course of nature but for the medical aid. 3 .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-12-1980
..... not undertaken multiple representation. petitioners claim that this determination by the pennsylvania supreme court was a factfinding entitled to a presumption of correctness under 28 u.s.c. 2254(d). section 2254(d) provides that "a determination after a hearing on the merits of a factual issue, made by a state court of competent jurisdiction . . . [and] evidenced by a ..... . two privately retained lawyers, g. fred dibona and a. charles peruto, represented all three defendants throughout the state proceedings that followed the indictment. sullivan had different counsel at the medical examiner's inquest, but he thereafter accepted representation from the two lawyers retained by his codefendants because he could not afford to pay his own lawyer. [ footnote 1 ] at ..... writ of habeas corpus by showing that his retained defense counsel represented potentially conflicting interests. i respondent john sullivan was indicted with gregory carchidi and anthony dipasquale for the first-degree murders of john gorey and rita janda. the victims, a labor official and his companion, were shot to death in gorey's second-story office at the philadelphia headquarters ..... to counsel." congress has postponed the effectiveness of rule 44(c) until december 1, 1980, or until, and to the extent approved by, an act of congress, whichever is earlier. pub.l. 92-42, 93 stat. 326. [ footnote 2/2 ] though proposed rule 44(c), n. 1, supra, provides a good model, the court's inquiry need not take any particular form. .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-04-1980
Reported in : AIR1981Raj121
..... closets, house-gullies and cess-pools within the municipality have been placed under the survey and control of the municipal boards by the provisions of section 174 of the act and under section 175 of the act the boards have been authorised to construct covered sewers and drains and make other constructions in order to carry out any drainage scheme. the boards are ..... direction to the municipal board for removal and discharge of filthy and dirty water and the construction of proper drainage or sewers for the discharge of such water.2. section 98 of the rajasthan municipalities act, 1959 (hereinafter called 'the act') falls under chapter vi which deals with the primary and secondary functions of the municipal boards. amonest the primary duties enumerated in ..... which has collected in the common chowk of the mimdara mohalla, has become the breeding place of mosquitoes and insects and may cause spread of diseases. the medical and health officer in his aforesaid letter expressed the view that immediate steps should be taken for making a permanent arrangement for the disposal of such water as has collected ..... accumulated water, there is growth of moss and insects and there is possibility of spread of epidemics. the petitioners have relied upon a letter written in this connection by the medical and health officer. government hospital, bhilwara, on june 18, 1979, to the executive officer of the municipal board. mandal inviting his attention to the fact that stagnant water, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-15-1980
..... fiscal year on october 1. this complex web of base salaries adjusted annually for civil service employees and again quadrennially for higher-rank positions has led to the following statutory definition of a united states district judge's compensation: "each judge of a district court of the united states shall receive a salary at an annual rate determined under ..... standards of 455. notwithstanding this concurrence of views resulting from the government's concession, the sensitivity of the issues leads us to address the applicability of 455 with the same degree of care and attention we would employ if the government asserted that the district court lacked jurisdiction or that 455 mandates disqualification of all judges and justices without exception. in ..... section 225 of the federal salary act of 1967 (2 u.s.c. 351-361), as adjusted by section 461 of this title." 28 u.s.c. 135. similarly phrased statutes apply to all other article iii judges. [ footnote ..... of tobacco. see generally l. gipson, the coming of the revolution, 1763-1775, pp. 454 (1954); scott, the constitutional aspects of the "parson's cause," 31 pol.sci.q. 558 (1916). although ultimately the tobacco statutes and the subsequent cases are more important as indications of early dissatisfaction with the crown, the widespread publicity surrounding them surely made the framers wary .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-25-1980
Reported in : AIR1981Cal234
..... 5th january, 1970.6. mr. a.p. chatterjee, learned standing counsel appearing for the appellants referred to the definition of 'public purpose' in section 2(ff) and also to sub-sections (1) and (4) of section 3 of the 1947 act which are set out below:2. in this act, unless there is anything repugnant in the subject or context :--(ff) 'public purpose' includes providing residential accommodation for ..... the same was absolutely necessary in the interest of general public, therefore no public purpose was disclosed. mr. mitter submitted that by the amendment of the definition of 'public purpose' in section 2 (ff) by the amendment act of 1963 providing residential accommodation for employees of the state government was made a public purpose only if it was in the interest of public service ..... is a tenant under the respondent no. 1. in our opinion the expressions 'landlord and tenant' as used in sub-section (2) of section 3 do not refer to the superior landlord or the tenant of the first degree but the tenant in occupation of the premises sought to be requisitioned and his immediate landlord, who are directly affected by an order of requisition ..... functions in a situation of such inconvenience. in paragraph 4 it is alleged that he engaged brokers to find a flat. one of his sons and his wife are under medical care of dr. r. c. kundu a resident of ballygunge. place. it is very difficult to get good flat unless high selami was paid and at an exorbitant rent and .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-18-1980
Reported in : (1981)22GLR829
..... to the various transactions inasmuch as we find that there exists one transaction which is comparable from the view point of the relevant date of the notification under section 4 of the land acquisition act, namely, november 4, 1965. this transaction is reflected in sale-deed ex. 78. the transaction was recorded on september 22, 1964. the land belonging to the appellant ..... for this purpose.(5) the market value of land under acquisition has to be determined as on the critical date of publication of the notification under section 4 of the land acquisition act (dates of notifications under sections 6 and 9 are irrelevant).(6) the determination has to be made standing on the date line of valuation (date of publication of notification under ..... of a large tract of land belonging to parsi panchayat, surat, for the public purpose of constructing buildings for the gujarat housing board pursuant to a notification under section 4 of the land acquisition act, 1894 published on november 4, 1965. after reproducing, and we repeat, merely reproducing the oral and documentary evidence the learned trial judge has recorded his conclusion as ..... parsi panchayat was sold to surat electricity company. the land was comprised in section nos. 2 and 13 respectively admeasuring 18,997 sq. yds and 7,744 sq. yds. the land .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-13-1980
Reported in : AIR1980Kant113; 1980(2)KarLJ92
..... are purely economic in character or whether the procedure, employed is in line with the approved methodology of economics.for this purpose the broad definition of economics given above should be entirely adequate; it indicates that economics is a social scientific discipline and that it is connected with the ..... does not meet the requirements of a particular crop or is deficient or practically non-existent, the drying of the soil to an ever-increasing degree retards, until it eventually prevents, vegetable growth. irrigation can give better results than nature itself produces by fitful rainfall, because water can be given ..... material needs.' from this it follows that everything connected with the well being of the country, an area or a group of people classified as weaker sections or s. cs. and s.ts. would be covered by 'economic interests'. the meaning of the term 'irrigation, and its impact to an ..... review able by this court under art. 226 of the constitution. but, the extent of judicial review is limited to examining whether government has acted bona fide and on relevant considerations only and the same cannot be examined as if it is an appeal. when more than one site is ..... construction of a tank near murkani, kasba hoblk kanakapura. taluka, bangalore district. for brevity and convenience, this site will be hereinafter referred as site b.2. a stream or called as a `halla' in kannada joining the river arkavathi, a tributary of river cauveri, runs across several village of kaseba hobli .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-01-1980
Reported in : 1980WLN(UC)111
..... v. khairunnessa 1968 i. l l j 329, it has been observed as under:for making out a claim under the workmen's compensation act it is necessary to establish definite casual connection between the work and the accident leadind to the death. the mere fact that deathtakes place while the deceased is on the job ..... an ambulance he was removed to the hospital. there was no opportunity or occasion for any private reatment. so, there was no question of examining any medical expert by the applicant. the applicant has examined the doctor, who attended the deceased, and the appellant has also examined the doctor who conducted the autopsy ..... the applicant has failed to discharge that bur den, he pointed out that mere possibly would be only a conjecture until and unless there is a high degree of probability or preponderance of probability, this casual relationship cannot be inferred legitimately, or such a justifiable inference cannot be drawn in the facts and circumstances ..... 5,00/- as the cost of the application, to respondents, smt. kamla devi.2. the facts giving rise to the present appeal may briefly be stated. respondent, smt. kamla devi presented a claim-application under the workmen's compensation act with the allegation that her husband arjun singh was a second fireman in the ..... m.c. jain, j1. this appeal under section 30 of the workmen's compensation act, is directed against the judgment and award dated january 31, 1977, passed by the commissioner for workmen's compensation, jodhpur, whereby, a .....Tag this Judgment!