Court : Andhra Pradesh
Decided on : Apr-08-1983
Reported in : AIR1984AP75
..... building to be used 'exclusively' for the holding of cinematograph exhibitions. the applications for permission thereof shall be made to the licensing authority under the act in accordance with the rules made in that behalf. sub-sec. (2) gives power to the licensing authority, subject to the control of the government and any rules made in that behalf, after making consultations with the ..... as state of affairs yet (not?) developed or things in future fully not known, the regulation is a wise and useful welfare measure. it is thereby impracticable to lay down definite comprehensive rule. it is subject of an enquiry and determination outside the halls of legislation. therefore the legislature couched its policy in broad language with sufficient flexibility leaving to the ..... correctly appreciates the need of its people and that the laws it enacts are directed to problems which are made manifest by experience. the legislature is free to recognise the degree of harm andmay confine its restrictions to those where the need is deemed to be clearest. in order to sustain the pretake into consideration matters of common knowledge, maters of ..... for except to the extent of cognate or analogous matters incidental to the main purpose. he draws an analogy from the rules made for admission of students into medical courses and the university acts and the statutes made thereunder for the actual running of the university subsequent to the admission. he states that rules of admission are only made to select .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-22-1983
Reported in : 1983CriLJ1675
..... the test of prudent man, the counsel will have discharged his burden. the evidence was placed may not be sufficient to discharge the burden under section 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself ..... as if he used to roam about aimlessly in the streets or confine himself to his house. beyond this there is no evidence of the nature, extent and degree of unsound-ness or derangement of mind.12. the decisions referred to by mr. samanta in the case of munshiram v. delhi administration air 1968 sc 702 ..... murdered his brother's son and would also murder him. p. w. 17 is the i. o. of the case. p. w. 18 is the medical officer who held the postmortem examination on the dead body of the victim. he found as many as 12 injuries all of which were incised wounds and most of ..... of his property rights. the idea that somebody else had invaded upon his property even though for a negligible purpose enraged him. he prevented p. w. 2 from following them. this also shows consciousness on the part of the accused to prevent interference with his plan and design. then we have the evidence that ..... great con-sequence. in fact the evidence in its totality indicates that immediately after the blow was struck by the accused lala upon marjen. p. w. 2 raised an alarm and rushed to the village. immediately thereafter he came back with some members of his family and other villagers also came. they found the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1983
..... 60 ; id. at 451 u. s. 71 -75, and n. 1 (stevens, j., concurring in part and dissenting in part). [ footnote 2 ] 249 stat. 453. that section provides in pertinent part: " provided . . . no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing ..... raising federal questions -- such as patent suits or suits under the national labor relations act -- we bluntly observed that "[t]he section itself neither contains nor suggests such a distinction." 155 u.s. at 155 u. s. 616 . [ footnote 2/2 ] when the court recognized the cause of action in vaca v. sipes, 386 ..... courts of the united states in cases where they apply." in 1895, construing that act, we held that state statutes of limitations provided the relevant rules of decision in patent infringement actions, explaining: "that this section [rev.stat. 721] embraces the statutes of limitations of the several states has ..... mitchell in resolving the employee-employer dispute presented in no. 81-2386. for these reasons, i respectfully dissent. [ footnote 2/1 ] in 1789, the first congress enacted the rules of decision act (act), rev.stat. 721, 1 stat. 92, plainly stating: "that the laws of the several states, except where the ..... address the contention that we should instead borrow a federal statute of limitations, namely, 10(b) of the national labor relations act, 29 u.s.c. 160(b). [ footnote 2 ] these cases present these two issues. page 462 u. s. 155 we conclude that 10(b) should be the applicable .....Tag this Judgment!
Court : Delhi
Decided on : Apr-26-1983
Reported in : ILR1984Delhi741; 1984LabIC108; (1983)IILLJ441Del
..... not maintainable it would amount to a denial of the protection of art. 14 and 16 of the constitution. as krishna iyer j. said: 'art. 12 is a special definition with a broader goal. far from restricting the concept of state it enlarges the scope to embrace all authorities under the control of government', (page 221). art. 12 'ropes ..... has the power of appointment of inspectors. it has an assigned field. it is a capital organ in the statutory scheme. it moves in its own orbit to a degree that the council was not willing to recognise in this case. there is distribution of powers between the council and the committee. with such persuasive power as she possessed the ..... trained nurses association of india, director general of health services. state directors of public health, chief principal matron, chief nursing superintendent, director of maternity and child welfare, chief administrative medical officer of the states and four members nominated by the central government and two members elected by the parliament. the president of the council is elected from the members of ..... staff' means the superintendents, assistants, accountants, clerks, stenographers and typists appointed under section 8(2)(d) of the act. (8) the class iv staff' means daftries, jamadars, peons chowkidars and sweepers appointed under section 8(2)(d) of the act.' (76) the staff does not include inspectors. they are an independent category. regulation 2(4) says : 'inspectors mean inspectors appointed under s. 13(1) of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-1983
..... new statute (the pregnancy discrimination act) amended the "definitions" section of title vii, 42 u.s.c. 2000e, to add a new subsection (k) reading in pertinent part as follows: "the terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by ..... (1977). see also southeastern community college v. davis, 442 u. s. 397 , 442 u. s. 411 , n. 11 (1979). [ footnote 2/8 ] the court also concedes at one point that the senate report on the pregnancy discrimination act "acknowledges that the new definition [in the act] does not, itself, resolve the question" presented in this case. ante at 462 u. s. 680 , n. 20. ..... , the court of appeals for the seventh circuit agreed with the ninth circuit. eeoc v. joslyn mfg. & supply co., 706 f.2d 1469 (1983). [ footnote 11 ] section 703(a), 42 u.s.c. 2000e-2(a), provides in pertinent part: "it shall be an unlawful employment practice for an employer --" "(1) to fail or refuse to hire or discharge any individual, or ..... workers. [ footnote 21 ] against page 462 u. s. 682 this background we review the terms of the amended statute to decide whether petitioner has unlawfully discriminated against its male employees. ii section 703(a) makes it an unlawful employment practice for an employer to "discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1983
..... state's legitimate purpose in requiring informed consent. nonetheless, the court of appeals determined that it interfered with the physician's medical judgment "in exactly the same way as section 1870.06(b). it requires the doctor to make certain disclosures in all cases, regardless of his own professional judgment as ..... unborn child are disposed of in a humane and sanitary manner." the court of appeals found that the word "humane" was impermissibly vague as a definition of conduct subject to criminal prosecution. the court invalidated the entire provision, declining to sever the word "humane" in order to uphold the requirement ..... imposed on the abortion decision, harris, 448 u.s. at 448 u. s. 328 (white,j., concurring). that a state regulation may "inhibit" abortions to some degree does not require that we find that the regulation is invalid. see h. l. v. matheson, 450 u. s. 398 , 450 u. s. 413 ( ..... familial integrity" in the abortion context. see, e.g., h. l. v. matheson, 450 u. s. 398 , 450 u. s. 411 (1981). [ footnote 2/2 ] although the court purports to retain the trimester approach as "a reasonable legal framework for limiting" state regulatory authority over abortions, ante at 462 u. s. 429 , ..... 901 (1976), the district court upheld a "humane disposal" provision against a vagueness attack in light of the state's representation that the intent of the act " is to preclude the mindless dumping of page 462 u. s. 475 aborted fetuses onto garbage piles.'" 401 f.supp. at 573. the district .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-1983
Reported in : 1983CriLJ1769
..... by many other members of the public. indeed, evidence shows that police had also arrived.9. soon after this incident, the accused was taken to bombay for medical consultation and treatment relating to his mental condition. at that time, dr. vasant pawar, relation of the accused and prosecution witness in this case, was in bombay ..... and replaced by an order of acquittal in favour of the accused. however, in the context of section 334, cr.p.c., a finding is here recorded to the effect that the accused had, in fact, committed the act of resulting in the death of his wife mira and his son sandip. that this is so ..... we hold that the appellant has discharged the burden. there is no reason why the evidence of shyam lal, d.w. 1, and than singh, d.w. 2, should not be believed. it is true that they are relation of the appellant, but it is the relations who are likely to remain in intimate contact. the ..... has been practising as a psychiatrist at nasik. he examined the accused in june, 1977. he was referred to him by dr. vasant pawar himself (p.w. 2) in this case. history of the patient viz., the accused was to the effect that he behaved suspiciously; that he was psychiatric and rowdy; that he had ..... of 1979, the conviction being for an offence of murder punishable under s. 302. penal code, with a sentence of imprisonment for life imposed in that behalf.2. the accused balu ganpat koshire was married to mira some time in 1973. of the said marriage, the couple had a son sandip who was four years' .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-10-1983
Reported in : 57STC240(P& H)
..... share of the cost of the excess incidence as may be agreed upon between it and the corporation.19. sections 56 and 57 of the act made the insured workers entitled to the medical treatment. the legislature, as is apparent from the objects and reasons, intended to make it the primary responsibility ..... the punjab financial rules, volume 1, redelegated the powers to make purchases on the (i) director, family welfare, punjab; (ii) director, research and medical education, punjab, and (iii) all civil surgeons in the state, medical superintendents of the hospitals, including e. s. i. hospitals up to rs. 50,000. in this very letter, vide ..... i. is different. it is under regular establishment of government, and governed by labour ministry. the position is, officer is like officer, as class ii, class i and super class i officers, there is separate directorate of it and the pay and expenditure are charged to government and it is in ..... as sales tax for the year 1977-78 was issued. notice of assessment and demand dated 21st september, 1981, copy of which is annexure p-2 was also issued.4. for the assessment year 1978-79 the company was assessed at the rate of ten per cent on such sales, vide ..... the annexures are also common. for these reasons, both these petitions shall be decided by one judgment recorded in c. w. p. 1986 of 1982.2. the company is engaged in the business of manufacturing and selling drugs/ medicines, etc. the petitioner-company made sales to various health departments of different state .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-07-1983
..... field of civil rights. its primary purpose was to guarantee the newly emancipated negro equality with whites before the law. section 2 of the act provided criminal liability for any person who, acting under color of law, deprived another of his rights because of race. this provision was extensively debated. controversy centered in ..... to the party injured in any action at law, suit in equity, or other proper proceeding for redress. . . ." act of apr. 20, 1871, 1, 17 stat. 13. section 2 of the 1866 civil rights act read in pertinent part: "that any person who, under color of any law, statute, ordinance, regulation, or custom, shall ..... had the power to provide it. [ footnote 20 ] see monroe v. pape, 365 u. s. 167 , 365 u. s. 174 (1961). section 2 was designed specifically to provide criminal and civil remedies in federal court for the conspiratorial activities of the klan. indeed, the provision singles out those who "go in ..... . horowitz, 535 f.2d 830, 836-837 (ca3 1976) (lay witness in federal court; bivens action); burke v. miller, 580 f.2d 108 (ca4 1978) (state medical examiner; 1983 action), cert. denied, 440 u.s. 930 (1979); charles v. wade, 665 f.2d 661 (ca5 1982) (police officer victim; 1983 suit), cert. ..... s. 344 would be diverted from the pressing duty of enforcing the criminal law." 424 u.s. at 424 u. s. 425 . to some degree, the individual's burden might be alleviated by the government's provision of counsel, but a case that goes to trial always imposes significant emotional and .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-23-1983
Reported in : (1984)2GLR870; (1984)IILLJ322Guj
..... position so as to be able to influence centres of power. but it must be realised that, despite the strong resistance placed by a section of the people belonging to the established vested interest class of the society, this country has accepted as its national goal the establishment of a ..... aforesaid treatment. that he obtained a receipt dated august 7, 1977 from dr. asudani for rs. 10/- but while submitting the same for reimbursement of medical expenses, he manoeuvred the figure of rs. 10/- to rs. 110/- and also manoeuvred the dates so as to appear to the state bank authorities ..... letter no. c&1/8102 dated september 7, 1977, placing you under suspension for the alleged act of tampering with the bank's books. following the cbi's prosecution, further acts of submission of false medical bills and inflated/false transportation bills by you have come to light.' the entire paragraph is by ..... penalty prescribed under rule 49. these are the two broad categories of employees covered by the provisions of rule 50(7)(i) and 50(7)(ii). the classification has direct nexus with the banking business and the same is based on reasonable criterion. the criterion is the reasonable financial soundness ..... way of preface only. the real contents of the show cause notice start from paragraph 2 on wards. therefore it cannot be said .....Tag this Judgment!