Court : Mumbai
Decided on : Aug-09-1983
Reported in : 1984(2)BomCR30
..... . this approach accords with the policy of the criminal procedure code (i am concerned with a criminal proceeding here) as spelt out in section 2(q). a pleader by definition, includes any person other than one authorised by law to practise in a court if he is appointed with the permission of the court ..... , to act in a particular proceeding. this court's power may well be exercised in regulating audience before it in tune with the spirit of section 2(q) ..... in that case one mr. s. chaudhary was not allowed to appear before the court since he failed to satisfy the requirements of sub-section (2) of section 36 of the act. desai, j., observed that 'it is pertinent to note that mr. chaudhary has not been denied the right to appear for the ..... are not bound by any law. otherwise it will mean that a quack has better and higher rights to practise medicine than a duly qualified medical practitioner, and more irresponsible a man, greater are his rights. this court had an occasion to deal with such a person in bhiwa yeshwant v ..... service in which one may attain the highest eminence without making much money, (2) a relation as 'an officer of court' to administration of justice involving thorough sincerity, integrity and reliability, (3) a relation to clients in the highest degree fiduciary, and (4) a relation to colleagues at the bar characterised by candour .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1983
..... by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization. . . ." [ footnote 2 ] section 10(c) provides, in relevant part: "if upon the preponderance of the testimony taken the board shall be of the opinion that any person named in the complaint has ..... board does not disagree, that, throughout the proceedings, the general counsel carries the burden of proving the elements of an unfair labor practice. section 10(c) of the act, 29 u.s.c. 160(c), expressly directs that violations may be adjudicated only "upon the preponderance of the testimony" taken by the ..... the burden of persuasion on one issue in mt. healthy city board of education v. doyle, 429 u. s. 274 (1977). section 7(c) of the administrative procedure act, 5 u.s.c. 556(d), provides that the proponent of an order has the burden of proof. since the general counsel ..... .s.c. 160(c). [ footnote 3 ] the board's wright line decision has been rejected by the second and third circuits, see nlrb v. new york university medical center, 702 f.2d 284 (ca2 1983), cert. pending, no. 82-1705; behring international, inc. v. nlrb, 675 f.2d 83 (ca3 1982), cert. ..... u. s. 404-405. white, j., delivered the opinion for a unanimous court. justice white delivered the opinion of the court. the national labor relations act (nlra or act), 29 u.s.c. 151 et seq. (1976 ed. and supp. v), makes unlawful the discharge of a worker because of union activity, 8(a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-21-1983
Reported in : AIR1983SC952; (1983)2CompLJ305(SC); (1983)35CTR(SC)395; 144ITR57(SC); 1983(2)SCALE37; (1983)3SCC561; 3SCR470
..... m/s. medical service center proceeds on the footing that there was a breach of contract. the tribunal took the view that the award of damages for breach of a contract did not bring the transaction within the definition of 'speculative transaction' set forth in sub-section (5) of section 43, income tax act, 1961. in ..... assessee that the payment of compensation was a business loss. he found that the transaction was a speculative transaction as defined by sub-section (5) of section 43, income tax act, 1961. the appellate assistant commissioner allowed the assessee's appeal on the view that the payment made by it represented a settlement ..... and no agreement can be reached for a discharge of the contract. there is a breach of the contract and by virtue of section 73 of the contract act the party suffering by such breach becomes entitled to receive from the party who broke the contract compensation for any loss or damage ..... said to be settled if instead of effecting the delivery or transfer of the commodity envisaged by the contract the promisee, in terms of section 63 of the contract act, accepts instead of it any satisfaction which he thinks fit. it is quite another matter where instead of such acceptance the parties raise ..... entering into the contract. the case of the assessee is that as the price of the commodity rose very sharply to as high as rs. 2,000 per kilogram during the period when the delivery was to be effected, the assessee was unable to fulfill the contract, giving rise to a .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-13-1983
Reported in : 1984CriLJ29
..... p. c. it was submitted in that case that if the trial judge doubted the correctness thereof, he could have had the two accused medically examined in order to ascertain their age. the supreme court observed 'this seems to us a difficult burden for any trial judge to undertake. ..... confirming the order of conviction and sentence dated 5-5-1981 passed in sessions trial no. 2 of feb. 1981 under section 307/34 .i. p. c.2. four persons including the present petitioners stood trial on a charge under section 307/34, i. p. c. the petitioners were convicted while the other two were ..... one incised wound 6' x 4' x l' over the upper surface of the left shoulderioint. one vertically incised wound 6' x 4' x 21/2' obliquely bone deep over the right side of the head on the person of dobiruddin. the following injuries were found on the person of amiruddin :- (1 ..... of p. w. anisur rahaman the petitioners along with two others intercepted and petitioner no. 1 sadeque challenged amiruddin why he had abused petitioner no. 2. amiruddin denied the charge and thereafter amiruddin and dobiruddin were assaulted with lathi and gnaras as a result whereof they sustained bleeding injuries on the head ..... act in the case of petitioner sadeque,14. upon a consideration of the points urged on behalf of the petitioners the only point of substance appears to be that the offence committed in our view is not an offence punishable under section 307/34. i. p. c. but an offence of a lesser degree and magnitude namely. section .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-05-1983
Reported in : I(1984)ACC101; AIR1984MP24
..... and reasonable compensation. being aggrieved the insurance company has come up in appeal.6. as the defences to the insurance company are limited under section 96 of the motor vehicles act, the only point urged on behalf of the insurance company in this appeal was that the appellant has discharged its burden to prove that the ..... accident the claimant has been disabled to some extent which has diminished his capacity to carry on the agricultural operations as before. thus, relying on the medical evidence as also the other evidence regarding the income of the claimant and after assessing the loss the learned member came to the conclusion that a sum of ..... he was treated in the m.y. hospital where he had to remain till 1-11-75. admittedly the said truck was owned by respondent no. 2 suchendranath and was insured with the appellant insurance company.3. the claimant claimed compensation mainly on the ground that as a result of the said accident there ..... 3, the owner and driver of the truck number mpe 344, though the claimant had put up a claim for rs. 22,300/- for compensation.2. facts giving rise to this appeal may be stated; in brief, thus: on 17-10-1975, at about 8 a.m. the claimant respondent ..... rajpal appeared on behalf of the claimant-respondent who contended that though a witness from the insurance company d.w. 2 p.p. bhandari has been examined to produce the copy of the insurance policy ex-d-2, he has not said a word that the said driver did not hold a valid licence. he also contended .....Tag this Judgment!
Court : Orissa
Decided on : Jul-06-1983
Reported in : AIR1983Ori281; 56(1983)CLT209
..... the exercise of the power conferred on them.12. mr. ratho has invited our attention to the observations made in air 1981 all 139, yadav medical stores, allahabad v. state of u. p., that since the functions of the state have multiplied enormously, the ambit of rule of law has also ..... such allegations are more easily made than proved. circumstances creating a suspicion are not enough. the proof needed in this regard is of a high degree and mere flinging charges of oblique conduct would not be sufficient to establish mala fides. the public authorities had duly considered the case of the ..... every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore act arbitrarily in entering nto relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational ..... was interested for intensive pisciculture in which case the tank should be leased out to it on a long term basis at the rate of rupees 2,000/- per year. on enquiry, the tahsildar reported that no such co-operative society was interested and the collector, as per annexure-7, recommended ..... arbitrary, illegal and violative of the rules contained in the manual of tehsil accounts and instructions issued by the government, as per annexures 1 and 2, for giving preference to the co-operative societies or where no viable or genuine co-operative society of fishermen exists, to settle the fishery rights .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-10-1983
Reported in : 1(1984)ACC68
..... noon that day. eleven stitches had been applied to the injury on his forehead and thirteen on his elbow. he had to rest for 15 days thereafter on medical advise and during this period he remained under the treatment of dr. verma of the general hospital, chandigarh, who used to visit him almost daily. he was ..... sovereign functions of the state. it was laid down therein that for determining whether the claim for immunity should or should not be allowed the nature of the act, the transaction in the course of which it was committed, the nature of the employment of the person committing it and the occasion for it have to ..... box as aw. 6. the injuries noted by him on july, 7, 1971 being:(1) laceration of the forehead and scalp about 6 to 8 inches long.(2) fracture of the right femur.(3) fracture of the right patella of the knee joint.(4) dislocation of the left hip joint.(5) multiple bruises over the leg ..... correct side and it was then that it turns to its right. this being so, his taking the truck off the road was clearly uncalled for. rw. 2 zora singh and rw. 3 chaman lal the other witnesses examined in this behalf, no doubt came-forth with a similar version as that of the truck driver ..... p. gandhi, mr. mahesh kumar khaitan and mr. l.m. suri, the driver thereof, sustained injuries. the most serious being those of mr. v.p. gandhi.2. negligence on the part of the driver of the military truck was adjudged the main cause of the accident, and contributory negligence to the extent of one fourth was .....Tag this Judgment!
Court : Delhi
Decided on : Feb-10-1983
Reported in : ILR1983Delhi60; 1983LabIC1118; 1983(2)SLJ547(Delhi)
..... was in question. in gajanan v. nagpur municipality 1980 lab. ic 167 (7) the office in question was the dean of the corporation medical college under the nagpur corporation act. in m.s. mahadeokar v. the chief commissioner union territory, chandigarh 1973 plr 503 (8) the post of an assistant controller of printing ..... he had been appointed only in 1963 and his experience in 1966 was not more than 3 years or so in duration. but respondent no. 2 took his degree of b.e. in 1961 and had acquired 51 years practical experience by 1967 in sugar mills and textile machinery corporation. out of the 10 ..... of india on 13th july, 1964. in the rules educational and other qualifications for this post are laid down. firstly, the candidate should have a degree in mechanical or technical engineering of a recognised university. secondly, he must have practical experience of about 7 years. the second qualification was relaxable at commission ..... one of a public and substantive character.'8. the duties of office must be of a public nature. in the leading case of rex v. speyer (1916) 1 k. b. 597(1) the information in the nature of quo warranto lay against two members of the privy council, because membership of the ..... mysore air 1964 mys 159 (13), a division bench held that professors and readers of the mysore university are not statutory authorities under section 13 of the mysore university act and clearly do not exercise any governmental functions. nor are they invested with the power or charged with the duty of .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jan-07-1983
Reported in : (1983)4ITD453(Mum.)
..... incidence of taxation, so far as his individual assessment was concerned. on the above basis the tribunal negatived the application of section 64(2) of the income-tax act, 1961 ('the act'), as claimed by the assessee with regard to the income of the individual properties stated to be thrown into the common hotchpotch ..... by the wife or any newly born minor children of the assessee at that time-also a matter of uncertainty and conjecture. section 64 can apply only to a definite and ascertainable state of things. that in the future and that too after a period long beyond the minority of any existing ..... trust amounts could be applied is 'for the maintenance, residence, education, medical attendance and treatment or any purpose of emergency or urgent necessity, advancement and benefit of the hindu undivided family'. that there was a joint family of ..... property by the individual to the trust for the benefit of the named beneficiaries.even this would not attract the provisions, in our opinion, of section 64. the provisions of the trust deed as to distribution have been quoted above. the only purpose for which during the currency of the ..... the income of the trust fund to the hindu undivided family of vasant jagjiwan sheth for the maintenance, residence, education, medical attendance and treatment or any purpose of emergency or urgent necessity, advancement and benefit of the hindu undivided family of vasant jagjiwan sheth .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-16-1983
Reported in : 1983(2)BomCR260
..... insurance court satisfies the criteria laid down by the full bench of this court in bapusaheb balasaheb patil's case. it performs judicial functions and has been empowered to render definitive decisions, which have finality and authoritativeness so as to bind the parties appearing before it qua their rights. judges to this court are appointed by the state government, in exercise ..... with any question or dispute which by or under the act is to be decided by medical board or medical appellate tribunal or by the employee insurance court is ousted. by section 96(2) of the act, it is declared that the rules made under the said section will have effect as if they are enacted in the act. as already observed the employee insurance court is conferred ..... the state, that is to say the statute itself and secondly while performing the judicial functions that are entrusted to it by law, it had been given power to give definitive decisions having finality or authoritativeness which would be binding on the parties appearing before it. the state government has framed the rules known as bombay employees insurance court rules, 1959 ..... in order to constitute the tribunal a court. in the first place the tribunal or an authority would be a court if it is given a power to give a definitive judgment or a decision which has finality and authoritativeness that would bind the appearing before it so far as the rights litigated before it are concerned and secondly the appointment .....Tag this Judgment!