Court : Madhya Pradesh
Reported in : 1985MPLJ288
..... russia are returning to the ochsner-sherren treatment, or to early cholecystectomy. their reasons for this change are reviewed at some length in chapter xciv. in this chapter the opinion is expressed that when the surgeon is inexperienced in performing cholecystectomy, it is unwise to undertake this operation as an emergency measure ..... , while prolonged administration often leads to glycosuia. in cases of delayed poisoning as described above ketonuria also occurs.15. in medical negligence by nathan, 1957 edition, it has been observed at page 156 as follows : the intentional interference with the person of another without legal justification amounts to an actionable ..... had the bona fide intention to cure the deceased and he perhaps wanted to impress the collector about his efficiency. his over-confidence made him act in great haste without realising the consequences. all these tests were necessary because there are similarities in the symptoms of appendicitis and cholecystosis, such as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP59
..... division bench of this court in union of india v. ibrahim gulaba, 1965 mplj 572: (air 1966 madh pra 52) in somewhat similar circumstances observed that rule 9 in chapter ii of the madhya pradesh high' court manual. 1960, provides that when the taxing officer certifies the under-stamping to be bona fide on an application duly made for the ..... of limitation. the decision in ganesh prasad's case (air 1953 sc 431) (supra) was followed by this court in goppolal v. ganpat-civil revision no. 395 of 1957, decided on 5-8-1958 and it was held that because of the late payment of court-fee and on condonation of that delay, the opposite party cannot make a ..... railways are exonerated of the liability. it was also pointed out that such a burden is also discharged by raising an adverse presumption under section 114 of the evidence act if the railway administration fails to produce relevant material on record, this decision is not helpful to the appellant in the present case as the forwarding note has not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT106
..... magistrate can order investigation under section 156(3) only before taking cognizance under sections 190, 200 and 204 and where a magistrate decides to take cognizance under the provisions of chapter 14 he is not entitled in law to order any investigation under section 156(3) though in cases not falling within the proviso to section 202 he can order an ..... triable by court of session. this point has been elucidated in his inimitable style by s. murtaza fazal ali, j., in the following terms:while chapter 14 (under which section 190 falls) deals with post-cognizance stage, chapter 12 (under which section 156 falls), so far as the magistrate is concerned, deals with pre-cognizance stage. sections 190 and 156(3) are .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ997
..... is not necessary to burden this order by extracting the various provisions of section 110 to section 111 of chapter viii of the old act and the corresponding provisions from sections 165 to 176 of chapter xii of the new act, for decision of the question about the maintainability of revision. from a bare reading of the language of ..... of substantive law, for the death or personal injuries. the substantive law, i.e., the law of torts remains. prior to incorporation from 16.2.1957 of sections 110 to 110-f of the act by act no. 100 of 1956, by section 80 thereof, a victim of the motor accident could claim compensation for the tortious ..... which is required to follow the procedure prescribed under code of civil procedure in that regard. it is obviously an essential attribute of the claims tribunal that it acts judicially and exercises civil jurisdiction in deciding claims relating to civil wrongs and civil liability, of tortfeasors and liability also of insurers, arising out of statutory and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP256
..... of tribunals, the assistant custodian, custodian and deputy custodian general are. section 28 of the administration of evacuee property act (xxxi of 1950) is as follows :'28. save as otherwise expressly provided in this chapter, every order made by the custodian-general, authorised deputy custodian, deputy custodian or assistant custodian shall be final and ..... 108 : ( (s) air 1955 nag 148) and surajmal v. state of m. p. 1957 m. p. lj 788 : (air 1958 madh. pra. 103 (fb)).8. however, the learned counsel for the petitioner urged that the question of territorial jurisdiction of this court ..... deputy custodian general, new delhi, a tribunal located outside the territorial jurisdiction of this court. reliance was placed on the division bench case of ptemchand v. state of m. p. 1957 m. p. lj 780 : (air 1958 madh. pra. 68) : see also burhanpur nation textile workers' union v. labour appellate tribunal of india, ilr (1955) nag .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)IILLJ1181MP; 1996(0)MPLJ835
..... learned counsel cited the decisions in (i) elpro international ltd. v. k.b. joshi and ors. (1987-ii-llj-210)(bom); (ii) kanai lal sur v. paramnidhi sadhukhan air 1957 sc907; (iii) senior superintendent, r.m.s cochin and anr. v. k.v. gopinath (1972-i-llj-486)(sc); (iv) harbans singh v. smt. margrat g. bhindardiva ..... the high court or supreme court, as the case may be. this interpretation subserves the object and intention of the legislature substituting section 65(3) of the act vide act no. 13 of 1986. it is well settled rule of interpretation that the court always lean towards a construction which would help to the true intention of legislature ..... of the employers, workmen and trade unions and penalties for those indulging in such practices have been provided in chapter v-c. 2. with a view to apply said provisions to the undertakings covered by the madhya pradesh industrial relations act, 1960, suitable amendments in sections 65 and 110 are being proposed.' 10. from the statement of objects .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1971MP152; 1971CriLJ1026
..... forfeiture has violated the applicant's fundamental right under article 19 of the constitution. it may be incidentally mentioned that the copyright in the book is held by atmaram and sons of which the applicant is the sanchalak. in terms of section 99- ..... of a most pious woman. similarly, the author has paid high compliments to shri ram at the end of the said chapter. 23. according to the state government, the couplets at the said pages are grossly offensive and provocative and contain matters which ..... religious feelings of sanatani hindus. in this connection reference may be usefully made to ramji lal v. state of u. p., air 1957 sc 620 at p. 623 where explaining the content of section 295a of the penal code s. r. das, c. j., ..... morality and health.' the guarantee under article 25, therefore, does not take away the authority of the state to legislate and act for maintenance of public order and protection of morality and health of the community without which it would be impossible to exercise .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... remuneration and consideration in respect of the advantage sought and received ; and in this respect quoted with approval dixon c.j., from armstrong v. state of victoria [1957] 99 clr 28 wherein it has been held that--'without the bridge, the aerodromes and airways, the wharves and the sheds, the respective inter-state operahons could ..... . in such a case the imposition assumes the character of remuneration or consideration charged in respect of an advantage sought and received. in armstrong v. state of victoria [1957] 99 clr 28, dixion, c.j. said:'the reason, as i venture to suggest, simply is that, without the bridge, the aerodromes and airways, the wharves ..... the high court of punjab after adverting to the provisions of the entry tax act and referring to the decisions rendered by the apex court culled out the principles and further dealt with the 73rd and 74th constitutional amendments, by which chapters ix and ixa were introduced in the constitution of india for the purpose of conferring .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1975CriLJ989
..... the aforesaid test for the applicability of section 561-a, the question of exercising the inherent powers of this court does not arise.5. in the code we have chapter xxxi concerning appeals, which deals with the powers of the appellate court, then we have sections 333 and 494, which specifically deal with the withdrawal of prosecution. ..... the code and is admitted for hearing.'in view of the question posed, our first attention would be attracted towards the aforesaid chapter xxxi of the code concerning the appeals. the relevant sections of this chapter, for the purpose of the problem in hand, are sections 421 to 423 and in particular section 423 in the background of ..... bal-want v. emperor. air 1926 bom 548 (1) : (27 cri lj 1167) and dashrath v. state, 1957 mpc 530 : (1957 cri lj 1405 (1)).11. from the fore-quoted decisions the law that discerns is that the appellate court cannot act beyond the provisions contained in sections 421 to 423 and as such there being no provision for the withdrawal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP84; 2009(40)PTC210(MP)
..... and transmissibility of registered trade marks--notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this chapter, be assigned and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods in respect of which ..... foreign judgments to show that the trade mark is a symbol of goodwill. he has also referred to the decisions in new gujarat cotton mills v. labour appellate tribunal : (1957)iillj194bom , dulaldas mullick v. ganesh das damani : air1957cal280 , state of rajasthan v. bundi electric supply co. ltd. bundi , : [1970]3scr689 and b.c. srinivasa ..... trade mark in registered, indisputably the user thereof by a person who is not otherwise authorised to do so would constitute infringement. section 21 of the 1958 act provides that where an application for registration is filed, the same can be opposed. ordinarily under the law and, as noticed hereinbefore, there can only be .....
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