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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 2009 Page 100 of about 1,346 results (0.287 seconds)

Sep 04 2009 (HC)

Prakash Chandra Biswas Vs. New India Assurance Co. Ltd. and anr.

Court : Kolkata

Decided on : Sep-04-2009

Reported in : AIR2010Cal19

..... law in motion. the f.i.r. does not constitute substantive evidence. it can be used only for the purpose contemplated under section 157 or section 145 of the evidence act that is for corroborating or contradicting its maker only and not of other witnesses.18. since the appellant's testimony on oath ..... not binding upon the tribunal while deciding the proceedings under section 166 of the act and the said decision cannot be res judicata.10. learned counsel for the insurance company did not dispute about the genuineness of the medical certificate, medical bills, prescriptions, money receipts that had been produced before the learned tribunal in support ..... the process, he lost his initial power and function of both the arms.4. according to testimony of dr. p. k. mondal (p. w. 2) and medical certificate produced on his behalf (exhibit 7), his permanent disablement was to the extent of 30%. the claimant also produced the document showing his income to ..... p. s. while he was travelling in the offending mini bus bearing no. w. b.-19/6220 from b. b. d. bag to jagaddal.2. being dissatisfied, the claimant has come with the present appeal.3. according to the claimant/appellant, he was involved in the said accident by which he ..... v. act and having regard to the totality of the facts and circumstances of the present case, we hold that the claimant/appellant is also entitled to receive simple interest at the rate of 6% per annum from the date of filing of the claim application that is from 1-2-1999 .....

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Jan 06 2009 (HC)

The Commissioner of Income-tax Vs. Beirsdorf (India) Ltd. and the Inco ...

Court : Mumbai

Decided on : Jan-06-2009

Reported in : 2009(4)BomCR865; [2009]183TAXMAN178(Bom)

..... findings of the itat that sales tax refund should not be assessed as income till the litigation reaches finality is contrary to the provisions of section 43b of the it act 1961, since now deduction is based on actual payment basis and even if the hon'ble supreme court gives decision against the assessee, the ..... once the assessee gets back the amount which was claimed and allowed as business expenditure during the earlier year, the deeming provision in section 41(1) of the act comes into play and it is not necessary that the revenue should await the verdict of higher court or tribunal. if the court ..... is not applicable to the facts of the present case, as the supreme court in that case was dealing with the provisions of section 41 of the i.t. act. the learned counsel further submitted that even, otherwise, on merits also the refund amount should not have been taken into account while ..... filed its return on 29.12.1989, declaring its income at rs. 41,12,150/-. subsequently, notices were issued under sections 142(1) 143(2) to the assessee. the assessing officer, thereafter, by his order dated 31.1.1992 made certain additions towards the income expenditure and the ..... deduction would be admissible on actual payment basis ?2. the respondent-assessee-company is carrying on business of plaster of paris and the said company .....

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Mar 17 2009 (HC)

Gajanan P. Lasure, Indian Inhabitant and Aniket Bhagwanrao Deshkar, In ...

Court : Mumbai

Decided on : Mar-17-2009

Reported in : 2009(4)MhLj399

..... satyanarayana v. state of andhra pradesh : [1986]2scr1128 relates to the date with effect from which the period of 90 days or 60 days has to be computed under section 167(2) of the criminal procedure code 1973 and is therefore distinguishable. the supreme court held that the earlier period when the accused is in the custody of a public officer in exercise of ..... the metropolitan magistrate. on 2nd january, 2003 the additional chief metropolitan magistrate passed an order recording that the accused was taken into jail custody and directions were issued for the medical examination of the accused. the fourth respondent was enlarged on bail at 4.30 p.m. by an order dated 3rd january, 2003. the sequence of events would demonstrate ..... . the commission submitted its report to the state government in august 1998. initially, according to the petitioners, the state government delayed placing the report under the commissions of enquiry act, 1952 before the state legislature and it was after a petition was filed before this court by two activists that the state government was constrained to table the report before ..... dawn on 11th july, 1997, a statue of dr. babasaheb ambedkar, situated at ramabai ambedkar nagar, ghatkopar, mumbai was desecrated. residents of the locality came together to protest against the act of vandalization. senior officials of the pant nagar police station and the assistant commissioner of police reached the site. the fourth respondent was a psi attached to the state reserve .....

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Feb 23 2009 (HC)

Sri Ashoke Acharya Vs. Smt. Tapashi Acharya

Court : Kolkata

Decided on : Feb-23-2009

..... document could be produced by the wife showing that they had lived together after the birth of the child; on the other hand, it is the definite case of the husband that his father-in-law was very much proud for his wealth and used to misbehave with him, as a result, he did ..... should leave khatra at once. ultimately, the respondent conceived and left khatra for her father's place in calcutta.6) the husband never paid for her medical treatment and the father of the respondent had to bear all the expenses for the delivery of the child. it was denied that the respondent used to ..... of communication to the respondent, she failed and neglected to attend to her father-in-law during his illness or for performing his last rites. such act also caused serious mental anguish and agony in the mind of the husband.k) since the death of the mother in the year 1989 and even prior ..... morning till night. the husband used to send letters to his parents but under direction of the parents, no letter was sent to the respondent direct.2) the in-laws of the respondent created various mental and physical tortures towards the respondent and she was not provided with proper foods. the family members ..... (2) icc 262;5. dilip kumar chatterjee v. rita chatterjee reported in 2004(1) icc 344;6. mr. madhav bhalachandra mangalorkar v. mrs. malti mangalorkar 2007(1) icc 403.12. in the case of savitri pandey (supra), the supreme court held that desertion for the purpose of seeking divorce under the hindu marriage act means .....

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Mar 23 2009 (HC)

Satyanarayan Pandey Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Mar-23-2009

..... in a departmental proceeding exclusively vests with the disciplinary authority.32. in the case of the petitioner, he has been subjected to the highest degree of punishment in a departmental proceeding, being dismissal from service. in the order imposing punishment, there was no charge-wise segregation of punishment, but ..... ltd v. life insurance corporation of india reported in : 2008(1)chn442 . considering different authorities on this subject, the division bench concluded that section 114 or order 47 rule 1 of the code does not in terms apply to any application for review in the writ jurisdiction. thus, the ..... , being the second and fourth charge directly relate to allegation of extortion, and the petitioner's arrest is a direct consequence of such alleged act of extortion. the prosecution in the criminal case had led the evidence of the de facto complainant, and certain officers and constable of the ..... cause or matter 17. several decisions of the hon'ble supreme court were referred to in the judgment. these were:(i) dhananjay v. ceo, zilla parishad (2003) 2 scc(ii) sulekh chand & salek chand v. commissioner of police : 1994(4)scale707 (iii) govt. of a.p. v. c. murlidhar : air1997sc3005 (iv) city ..... being arrested on a charge from which he was subsequently acquitted. moreover, in course of the departmental proceeding, one a. syed (p.w.-2), who appears to be a police officer himself had deposed that he received message of the petitioner's arrest from the additional s.p. howrah .....

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Feb 06 2009 (HC)

Sunilkumar S/O Gayaprasad Mishra Vs. State of Maharashtra, Through Pol ...

Court : Mumbai

Decided on : Feb-06-2009

Reported in : 2009(111)BomLR1074; 2009CriLJ2599

..... particular kind of property will depend not on the interpretation of the word 'property' but on the fact whether that particular kind of property can be subject to the acts covered by that section. the learned a.p.p. submitted that in view of this judgment, the marks earned by the appellant-student and the mark-sheet issued to him would be ..... in this context, the court observed that in cases when student used forged mark-lists to obtain admission thereby depriving eligible candidate to get seat and that too in a medical college, and since a doctor is involved, leniency is not called for. there can be no doubt about the principle that in such cases leniency may not be shown. however ..... by the learned 2nd additional chief judicial magistrate, nagpur, for offences punishable under sections 420, 468, 471 and 120-b read with sections 34 and 109 of the penal code.2. facts, which led to prosecution and conviction of the appellants, are as under:in 1999, a scandal of bogus degrees, mark-sheets and unwarranted increase of marks at various examinations conducted by the ..... not all. in some cases, two handwriting experts were examined without ascertaining whose evidence was vital for establishing guilt and in some cases, none was examined. in some cases, the acting vice chancellor was examined to prove a sanction to prosecute, while in some others, he was not examined, though the officer put to trial was same. this pick and choose .....

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Sep 18 2009 (HC)

Balachandra Bhikaji Nalwade Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Sep-18-2009

Reported in : 170(2009)DLT251

..... in marathi. the petitioner did not participate in the said meeting.15. ratnagiri bachao sangharsh samiti did not file any writ petition or appeal under section 11 of the appellate act. another organisation, namely, ratnagiri zila zagruk manch has filed a public interest litigation, before the bombay high court against the public hearing. petitioner ..... their individual capacities except those specifically nominated as representatives.5. the membership of a committee shall not exceed 15.schedule iv (see para 3, subparagraph (2) of schedule-ii)procedure for public hearing(1) process of public hearing: whoever apply for environmental clearance of projects, shall submit to the concerned state pollution control board ..... environmental impact assessment (eia). however, for pipeline project, environmental impact assessment report will not be required. but environmental management plan including risk mitigation measures is required.ii. form xiii prescribed under water (prevention and control of pollution) rules, 1975 where discharge of sewage, trade effluents, treatment of water in any form, is required ..... i) small scale industrial undertakings located in (a) notified/designated industrial areas/industrial estates or (b) areas earmarked for industries under the jurisdiction of industrial development authorities; (ii) widening and strengthening of highways; (iii) mining projects (major minerals) with lease area up to twenty five hectares, (iv) units located in export processing zones, special .....

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Apr 24 2009 (HC)

Kurshed Sharfudeen and S. Hafez Khadar Ibrahim Vs. Ibp Company Limited ...

Court : Chennai

Decided on : Apr-24-2009

Reported in : (2009)5MLJ1315

..... the constitution of india, as follows:51. except in the first category of cases, as has been notice by us hereinbefore, sections 4 and 5 of the act, in our opinion, may have to be construed differently in view of the decisions rendered by this court. if the landlord ..... respondent had to undergo angioplasty in 2001, which was also reimbursed by the insurance company. thereafter, in respect of a minor operation also the medical expenses were reimbursed. however, the fourth time, when the respondent underwent a by-pass surgery, the insurance company has not admitted the same ..... contractual matters the high court has jurisdiction under article 226 of the constitution of india in three instances, viz., (i) to enforce fundamental rights; (ii) failure of principles of natural justice; and (iii) order becomes wholly without jurisdiction. the operative portion of the said judgment reads as follows:7 ..... , against the said termination order, is that:(i) the termination order is discriminatory and violative of article 14 of the constitution of india;(ii) the order terminating the contract is a colourable exercise of power, since the intention of the second respondent, after terminating the contract, is ..... before the expiry of renewed period without any reason or fault on the appellants, would amount to denial of principles of natural justice; and (ii) there has not been equal bargaining power between the parties and therefore, the termination of license was arbitrary, the learned single judge, by .....

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Jun 09 2009 (HC)

K. Devaki Vs. the Superintendent, Central Prison

Court : Chennai

Decided on : Jun-09-2009

Reported in : (2009)5MLJ107

..... in the railway protection special force on 16-4-1978. disciplinary proceedings were initiated against him by issuing notice under section 9(1) of the railway protection force act, 1957 (in short 'the act') read with rule 44 of the railway protection force rules, 1959 (in short 'the rules'). gravamen of ..... august 13, 1950, his request beyond that date was refused. thereafter he made further applications for leave, the last of them supported by a medical certificate. to his last and some of the earlier applications he received no reply, but on november 8, 1950, he received a communication from ..... stand allowed. no costs.18. the respondent is directed to treat the case of the petitioner's husband (late s.k. dinakaran, warder grade ii no. 142, central prison, salem) as having continued in service till 28.03.1996, the date on which he died and also consequently, direct ..... dhingra4, the mere termination of service, without more, of such an employee would constitute his 'removal' or 'dismissal' from service, attracting article 311(2). from the constitutional standpoint, therefore, the impugned termination of service will not cease to be 'removal' from service merely because it is described or declared ..... office with the remarks of postal authorities that 'whereabouts not known'. as per rule 128(3) of the tamil nadu prison manual volume-ii, an application for reinstatement from an officer whose name has been struck off as a deserter shall not be entertain unless it reaches the superintendent .....

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Sep 17 2009 (HC)

Smt. Sujata Dutta and anr. Vs. the State of West Bengal

Court : Kolkata

Decided on : Sep-17-2009

..... the evidence of p.w. 17, there was no evidence to prove the charge under section 302 i.p.c. according to the learned advocate, medical evidence itself cannot prove the prosecution case and the value of medical evidence is only corroborative. mr. mukherjee points out that p.w. 17 in his evidence ..... of punjab v. hakam singh). learned advocate relies upon paragraph 8 of the said judgment wherein it was held that whenever there is conflict between medical evidence and ocular testimony, normally ocular testimony should be preferred unless it belies fundamental facts. this is a settled principle of law laid down by ..... is to be tested for its inherent consistency and inherent probability of the prosecution story. where the account of eyewitness is found credible and trustworthy, medical evidence pointing to the alternative possibility cannot be accepted as conclusive. this judgment also, in our considered view, is not applicable in the present case ..... ranchi. at ranchi they stayed in 'bengali hotel'. in the hotel she heard her mother conversing with swapan uncle saying that they had not acted properly by inserting inside the sofa. after spending three days at ranchi they boarded a train at ranchi in the evening and arrived at kharagpur ..... 2). p.w. 15 was a professional photographer. p.w. 16 was a known person to the victim arun. p.w. 17 was dr. suprakash mukherjee who held post mortem on the dead body of arun. p.w. 18 was the examiner of questioned documents, who could not arrive at a definite .....

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