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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1986 Page 7 of about 512 results (0.234 seconds)

Oct 03 1986 (HC)

Pyare Lal and anr. Vs. Sita Ram Mamgoi and anr.

Court : Delhi

Decided on : Oct-03-1986

Reported in : 31(1987)DLT140; 1986(11)DRJ335

..... the code would apply to serving police officials of all ranks of delhi police force charged with the maintenance of public order. sub-sections (2) and (3) of section 197 of the code are reproduced below:- 'xxxx xx xx xx xx (2^ no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the ..... union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government. (3) the state government may, by notification, direct that the pro- visions of sub-section (2) shall apply to such class or category of the members of the forces ..... was given several beatings and complete thrashing by police people with the result the applicant's left hand wrist was fractured. it is swollen and paining like anything but no medical aid was done in this case.'(14) in annexure b, the anticipatory bail application of the other complainant jagdish kumar it is asserted in para no. 4 as follows :- 'thatthe ..... received injuries on his head, hand and leg and his left hand was also broken. even though petitioner pyare lal requested respondent sita ram s.h.o. to get his medical examination done, the same was not got done by him.(3) the learned magistrate vide his order dated 3rd june, 1985, after recording the pre-summoning evidence of the petitioners .....

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Mar 06 1986 (HC)

Lalita Badnaik Vs. State

Court : Orissa

Decided on : Mar-06-1986

Reported in : 1986(I)OLR432

..... the darkness. but we are not prepared to place implicit reliance on her testimony with regard to her seeing and identifying the appellant as in her statement under section 161 of the code of criminal procedure, she had not stated that she had seen the appellant getting into the darkness. 13. the evidence of p. ws ..... caused injuries sufficient in the ordinary course of nature to cause death and it would be seen from the medical evidence that the external and the consequent internal injuries could be caused by an instrument like m. o. ii. 4. there is evidence that the appellant had not been pulling on well with the deceased as the ..... the court of sessions should take an intelligent part in the proceedings and should be alive to its responsibility while examining the accused under section 313 of the code of criminal procedure. to rely on the evidence with regard to the dying declaration and recovery of m. o ..... sufficient in the ordinary course of nature to cause death evidently with the intention of causing his death. the order of conviction recorded under section 302 of the indian penal code is well-founded. 15. the appeal fails and is dismissed. g.b. pattnaik, j.i agree ..... invited our attention to the fact that the appellant has not properly been examined under section 313 of the code of criminal procedure and no question has been put to him regarding the dying declaration or about recovery of m. o. ii. the learned additional standing counsel has supported the order of conviction.3. it is .....

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Apr 03 1986 (HC)

Lungasa Patamajhi and anr. Vs. the State

Court : Orissa

Decided on : Apr-03-1986

Reported in : 61(1986)CLT547; 1986(I)OLR506

..... of orissa )thus on consideration we agree with the learned sessions judge that the evidence of p. ws. 2, 3, 4, 8 and 9 together with the medical evidence clearly establishes the charges under sections 302/34 and 201/34, ipc, against the appellants8. in the result, this appeal is dismissed. the ..... their statements. although these witnesses were or could be available for examination when the investigating officer visited the scene of occurrence or soon thereafter, their statements under section 161, cr. p. c, were recorded on the following day. welji (p. w. 3) was examined at 8 a. m., pramila at ..... in the present case. the learned sessions judge who tried the case found the two appellants guilty under sections 302/34 and 201/34, i. p. c, convicted and sentenced them there under as already noted. xx xx xxafter discussing the facts, ..... none on behalf of the defence. prosecution also relied on documentary evidence. the defence plea is one of denial, in their statements recorded under section 313, cr. p. c., the two appellants have denied any knowledge about the occurrence and have further stated that they have been falsely implicated ..... acting c.j.1. the two appellants have been convicted under section 302/34, i.p.c., and sentenced to undergo imprisonment for life. they have also been convicted under sections 201/34, i. p. c., and sentenced to undergo rigorous imprisonment for five years. the sentences have been directed to run concurrently.2 .....

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Oct 17 1986 (HC)

Commissioner of Income-tax Vs. Ravi Constructions and Uma Construction ...

Court : Andhra Pradesh

Decided on : Oct-17-1986

Reported in : [1987]169ITR662(AP)

..... be taken together and the real intention of the parties and the real nature of the relationship between them determined, as directed in section 6 of the partnership act. we have pointed out hereinbefore that the approach of the appellate authorities in this case has been totally different, which has vitiated ..... income of the firm. 19. as against the above, learned standing counsel bring to our notice the decision of the calcutta high court in cit v. janatha medical stores : [1985]155itr377(cal) . in this decision it was held that in, view of the decision of the supreme court in k. d. kamath ..... 'm/s. ravi constructions, visakhaptanam', had come into existence and whether it is entitled to registration under the income-tax ac 12. section 4 of the partnership act defines the expression 'partnership' as 'the relation between persons who have agreed to share the profits of a business carried on by all ..... firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together.' the two explanations, appended to section 6, are equally relevant and may be reproduced : 'explanation 1. - the sharing of profits or of gross returns arising from property by persons ..... there must be agreement entered into by all the persons concerned; (ii) the agreement must be to share the profits of the business; and (iii) the business must be carried on by all or any of the partners concerned acting for all. section 6 says that, in determining whether a firm exists or not, .....

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Nov 05 1986 (HC)

Managing Director, Karnataka Power Corporation Ltd. Vs. Geetha

Court : Karnataka

Decided on : Nov-05-1986

Reported in : ILR1987KAR142

..... both cannot be placed on the same footing for the award and the rate of interest. but having regard to the general discretion under section 110cc of the 'act', it is not strictly necessary to award different rates of interest on the different heads of damages and a rate can yet be tailored which ..... pool' and what items do not go to 'interest-pool'. while special damages--sums actually spent or lost, up to the date of trial such as medical charges, loss of earnings, and out of pocket expenses, etc--qualify for interest, however, the award for loss of future earnings or the loss of dependency ..... contending:(i) that the finding of the tribunal that the accident was owing to the driver's negligence is erroneous ;(ii) that the amount awarded is excessive ;(iii) that the claim was barred under section 110aa ; and(iv) that, at all events, the rate of interest of 12% awarded by the tribunal is ..... with what erosion the fund suffers thereafter owing to future inflation. referring to this, the house of lords in wright v. british railways board, (1983) 2 a.c. 773observed:'cookson v. knowles went to the house of lords, (1979) a.c. 556 upon the question whether in awarding damages for future economic ..... is to be remembered that judicial utterances are made in the setting of the facts of a particular case ............' 8. in jefford v. gee, (1970) 2 q.b. 130 the court of appeal in england, recognised the need to clarify the principles guiding the grant of interest on damages awarded in personal-injury .....

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Jul 18 1986 (HC)

Togendranath Raj and anr. Vs. State Bank of India

Court : Andhra Pradesh

Decided on : Jul-18-1986

Reported in : [1988]63CompCas405(AP)

..... 13. in cit v. raja benoy kumar sahas roy : [1957]32itr466(sc) , the question arose with reference to the indian income-tax act, 1922. section 2(1) of the said act defined 'agricultural income' in the following words (at page 471): '(a) any rent or revenue derived from land which is used for agricultural purposes ..... not only upon the provisions of the various statutes in which the same occurs but also upon the facts and circumstances of each case. the definition of the term in one statute does not afford a guide to the construction of the same term in another statute and the sense in ..... such products.' 21. this decision makes it clear that the expression 'agriculture' is capable of both a narrow, as well as a wider definition, and further that the wider definition does include 'horticulture' within it. now, the question is : which meaning should we adopt in the case before us on this question as ..... panadai pathan v. ramaswami chetti ilr [1922] mad 710 : air 1922 mad 351 referred to the following connotation of 'agriculture': 'wharton's law lexicon adopts the definition of 'agriculture' in 8 edw. vii, c. 36, as including 'horticulture', forestry and the use of land for any purpose of husbandry, etc. in 10 edw ..... him, in respect of which no process has been performed other than a process of the nature described in sub-clause (ii) ......' 14. it may be noted that the very same definition has been attributed to the said expression in article 366(1) of the constitution of india as well. the word ' .....

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Jun 24 1986 (HC)

Venkateswara Rice and Flour Mill Vs. Union Bank of India and anr.

Court : Andhra Pradesh

Decided on : Jun-24-1986

Reported in : [1988]63CompCas483(AP)

..... been so determined, all banking companies or the banking company con-cerned, as the case may be, shall be bound to follow the policy so determined. clause (e) of sub-section (2) adumbrates that the reserve bank has also power to give directions as to the rate of interest and other terms and conditions on which advances or financial accommodation may be ..... than 50%. on the other hand, on the additional loan facility having granted by the respondents, as a fact, the petitioner started generating its business. from a reading of the definition and the factual circumstances, it would be clear that the petitioner unit is a sick industry. obviously, the officers who inspected the petitioner unit in the letters referred to hereinbefore ..... the sick unit and whether the writ of mandamus can be issued as prayed for 7. section 21 of the banking regulation act (10 of 1949), for short, 'the act', gives power to the reserve bank to control advances to be made by the banking companies. sub-section (1) thereof postulates that where the reserve bank is satisfied that it is necessary or expedient ..... ) mandates that every banking company shall be bound to comply with any directions given to it under section 21. the central government is also empowered under section 30 of the reserve bank of india act, 1934, or under section 25(5) of the act to exercise control on the banks. thus, it must be held that the respondents, being a banking company, more particularly a .....

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Apr 16 1986 (HC)

Andhra Bank Ltd. Vs. Bonu Narasamma

Court : Andhra Pradesh

Decided on : Apr-16-1986

Reported in : [1988]63CompCas328(AP)

..... control the banking operations and, therefore, the provisions relating to banking have been deleted from the companies act and have been compressed into an independent act with separate entity. the definition of banking in section 5(b) is of wide amplitude and it is patent from the definition and statement of objects and reasons that the primary and predominant purpose of the bank is to ..... stipulation of interest are integral parts of banking activity. in attorney-general for alberta v. attorney-general for canada [1947] ac 503 (pc) by parts i and ii of the alberta bill of rights act, 1946, a provision was made for generally regulating the creation, expansion and dealing with credit of the banks and in the context of considering whether this provision ..... but the field of 'banking' cannot be extended to include trading activities which, not being incidental to banking, encroach upon the substance of the entry 'trade and commerce' in list ii'. 'banking' as known in general and legal parlance primarily envisages the acceptance of deposits and payment of interest thereon and lending such amounts received as deposits to the constituents on ..... all banking companies or the banking company concerned, as the case may be, shall be bound to follow the policy as so determined. (2) without prejudice to the generality of the power vested in the reserve bank under sub-section (1), the reserve bank may give directions to banking companies...in particular as to - (e) the rate of interest and other terms .....

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Jul 23 1986 (HC)

Registrar of Chits (Sub-registrar), Registration Department Vs. Y.V. P ...

Court : Andhra Pradesh

Decided on : Jul-23-1986

Reported in : [1988]63CompCas854(AP)

..... chit amount. the amount thus deposited shall not be liable for attachment in execution of a decree or otherwise subject to the provisions of section 530 of the companies act. the duration of the indenture of mortgage and the charge on the amount thus deposited shall ensure until the chit is terminated and the ..... rs. 12,500 lying with the petitioner which was offered as a security by the judgment-debtors by operation of section 12 of the andhra pradesh chit funds act (9 of 1971), for short 'the act'. assailing the legality thereof, the registrar filed this revision petition. the facts not in dispute are these: the first ..... forty members. the chit was for rs. 25,000. a sum of rs. 12,500 was deposited as security which was attached. section 12 of the act in chapter iii postulates the duties of the foreman thus : '12. security to be given by the foreman. - (1) for the proper ..... subject to the provisions of section 530 of the companies act, 1956, the security given by the foreman under sub-section (1) shall not be liable to be attached in execution of a decree or otherwise - (i) until the chit is determined and the claims of all the sub-scribers are fully satisfied; (ii) until all dues payable by ..... the foreman under this act to the registrar or any other .....

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Mar 25 1986 (HC)

Tax Recovery Officer Vs. D.V. Subharayudamma and ors.

Court : Andhra Pradesh

Decided on : Mar-25-1986

Reported in : [1991]189ITR31(AP)

..... in official assignee v. haradagiri basavanna gowd, : air1963sc754 , it has been observed that once the property vested, it cannot be divested. section 28(2) of the provincial insolvency act makes it very clear that, on the making of an order of adjudication, the whole of the property of the insolvent shall vest in the ..... granting permission. nothing prevented the tax recovery officer from filing an application before september 8, 1977, for permitting him to sell the same. then, definitely, some order would have been passed, but the tax recovery officer has chosen to remain silent till the auction was completed and it is only after ..... land and with regard to the encumbrances, whether legal or illegal, must be brought to the notice of the court. if the lease is illegal, definitely the successful bidder can file an application for setting aide the lease on the ground of fraud or misrepresentation, etc. but it is not a ..... there will be some litigation in the case of the properties being sold by the official receiver in insolvency proceedings, it is for that reason, definitely a low price can be expected but a reasonable price or the market price which was prevailing, cannot be expected. if we view the background ..... , it is shown that the property was worth more than one lakh rupees. if the property was in the possession of a solvent person, definitely the price will be more. when the insolvent was subjected to heavy income-tax and this was known to many people and when the insolvent .....

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