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...bailee receives both possession of the chattel and the right to use it in return for remuneration to be paid to the bailor (see Para 32.045). Further, under the head “equipment leasing”, it is explained...) insofar as the said provisions seek to levy service tax on leasing and hire purchase. The appellants contend that service tax imposed by Section 66 of the Finance Act, 1994 on the value of taxable...services referred to in Section 65(105)(zm) read with Section 65(12) of the Finance Act, 1994 (as amended), insofar as it relates to financial leasing services including equipment leasing and hire...
...AIR 1962 SC 429, (1962) 44 ITR 362, AIR p. 438, para 21)“21. … As...submitted that the assessee is a private limited company and even as per its Memorandum of Association its business is to deal in real estate and also to earn income by way of rent by leasing or...specific finding to the effect that the assessee company had stopped its other business activities and was having only an activity with regard to the leasing of its properties and earning rent therefrom...
...Medical Colleges Regulation, 1993 (hereinafter referred to as “the Regulation”). The Regulation provides the eligibility and qualifying criteria for setting up a medical college. Para 3 of the...requirement of Essentiality Certificate provided under para 3 of the Regulation concerns with among other requirements the desirability of having the proposed medical college at the proposed location. The...desirability of having the medical college at the proposed location under para 3 of the Regulation is required to be decided by the State Government. Excepting the desirability of location of the...
...in degree and diploma in different specialities of the medical colleges. In para 4 of the said notice, it was specifically stated that the minimum eligibility qualification of the applicants would be...D.P Wadhwa, J.— Leave granted.2. A Division Bench of the Karnataka High Court has put a question mark on the authority of the Medical Council of...India (for short “the Medical Council”) — the appellant — in its judgment dated 16-7-1997 to fix intake for admission of students to various medical colleges in the State of Karnataka. The Medical...
...the Manual of Medical Examinations and Medical Boards (IAP 4303 of September 2010, 4 Edition) in Para 4.3.18 thereof states that slight degree of ‘Varicocele’ should be accepted; (v) that no.... The petitioner, a candidate for recruitment as Airmen in Group X and Y category of the Air Force and having been found unfit by the Medical Board as well as the Appeal Medical Board on account of...‘Varicocele (Left)’, has filed this petition contending, (i) that the Appeal Medical Board did not even medically examine him; (ii) that the decision of the Appeal Medical Board was not informed to...
...course will be taken on receipt of a letter accepting the conditions enumerated in para 4 abovementioned on verification of the latest staff position and infrastructural facilities by the Medical...S.C Agrawal, J.— Special leave granted.2. These appeals by Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and...Charitable Trust (hereinafter referred to as ‘the Trust’) relate to the establishment of a medical college at Salem in the State of Tamil Nadu. The Trust has been formed for establishing various...
....2. The assessee is a public limited company, classified by Reserve Bank of India (RBI) as a non-banking finance company. It is engaged in the business of hire purchase, leasing and real estate..., both of depreciation and higher rate, on the ground that the assessee's use of these vehicles was only by way of leasing out to others and not as actual user of the vehicles in the business of running...:“… In the present case the business of the appellant assessee is leasing and hiring of vehicles and other machinery. It is definitely not a hire purchase, as seen from the...
...acquiring coal mining leases over large areas, developing them as coalfields and then sub-leasing them to collieries and other companies. Thus, in the said case, the leasing out of the coalfields to...: (AIR p. 1391, para 7)
“7. … We think each case has to be looked at from a businessman's point of view to find out whether the letting was the doing of a business...
...Arijit Pasayat, J.— This appeal filed by the Medical Council of India (in short “MCI”) raises important questions regarding desirability of belated admissions to medical...feature. When the time of admission to medical courses arrives, immediately comes to mind Shakespeare's Othello, where it was written: “Chaos is come again”. The inevitable result is that considerable..., if we may say so with respect in a well-considered opinion expressed their anguish at the insensitivity of the authorities administering medical admission in the State to the need to prevent...
...condition precedent for discharge of a Junior Commissioned Officer (JCO) on account of low medical category?3. For the determination of the issue aforesaid, it is unnecessary...Army on 9-3-1980. While serving 20 JAT Regiment, on 31-7-2000, he fell ill; was admitted to the military hospital and was discharged after treatment on 7-11-2000, but was placed in low medical category...S1H1A1P2E1 with effect from 6-11-2000 for six months. On account of disability, namely, ischaemic heart disease, again in May 2001, he was continued in low medical category for another six months...
...contrary.(Para 22)As there is no legislation covering the field of selection of candidates for admission to medical colleges, the State.... State of Bihar (1994) 4 SCC 401. Jeevan Reddy, J., speaking for the three-Judge Bench in para 18 of the Report on the review and relevant provisions of the Indian Medical Council Act has made the...reservation in medical education courses on the basis of territorial or institutional preference, Bhagwati, J., speaking for the Court in para 22 of the Report observed as under: (SCC...
...application under Article 32 of the Constitution asking for a direction to the Union of India that every injured citizen brought for treatment should instantaneously be given medical aid to preserve life and...Family Welfare of the Union of India, the Medical Council of India and the Indian Medical Association were later impleaded as respondents and return to the Rule has been made by each of them. On behalf...Services has also been produced. The Secretary of the Medical Council of India in his affidavit referred to clauses 10 and 13 of the Code of Medical Ethics drawn up with the approval of the Central...
...service on medical grounds any deterioration in his health, which has taken place, is due to service.”26. Para 6, on the other hand, provides that disablement or.../disablement and military service is certified by an appropriate medical authority. Para 11 deals with cases where an individual in receipt of disability pension dies at home.28...2001. The short question that arises for consideration of this Court is whether the High Court was justified in ignoring the report of the Medical Board in which it is clearly mentioned that...
...for the same.25. Chapter II of the Guide to Medical Officers (Military Pensions), 2002 relates to “Entitlement: General Principles”. In the opening Para 1, it is made clear...laid down in Chapter II of the Guide to Medical Officers (Military Pensions), 2002 — “Entitlement: General Principles”, including Paras 7, 8 and 9 as referred to above (para 27...to the conclusion that the disability is not due to military service. In fact, non-application of mind of Medical Board is apparent from clause (d) of Para 2 of the opinion of the Medical Board, which...
...the regular Army through the selection process prescribed by the Army Authorities and had undergone a thorough medical examination. Thereafter, he had undergone military training at 3 MTR, Goa for a...involved in actual combat operations or in combat area. He was working in the office of Radio Machine. He developed certain medical problems and was admitted in Command Hospital at Chandigarh on 10-8...-1977. He was not completely cured and had some kidney complications and the medical authorities found his illness as “anxiety neurosis”. He was again admitted in Chandigarh Military Hospital in...
..., Suseel Finance & Leasing Co. v. M. Lata (2004) 13 SCC 675 and M.N Haider v. Kendriya Vidyalaya Sangathan (2...Shanker Motiram Nale v. Shiolalsing Gannusing Rajput . (1994) 2 SCC 753; Suseel Finance & Leasing Co. v...in view of the provisions of Order 47 Rule 7 CPC.”6. In Suseel Finance & Leasing Co. v. M...
...would set us on the slippery slope of excusing carelessness when it happens often enough” (see Michael Jones on Medical Negligence, para 3-039 at p. 246).24***. With the...(2009) 3 SCC 1 to have expert evidence in all cases of medical negligence is not consistent with the principle laid down by the larger Bench in para 19 in...dealing with the case of medical negligence and held that in cases of gross medical negligence the principle of res ipsa loquitur can be applied. In para 10, this Court gave certain illustrations on...
...July 11, 1983. Purporting to regulate the tuition fee to be charged by the Private Medical Colleges in the State, the Karnataka Government issued a notification dated June 5, 1989 under Section 5(1) of...the Act thereby fixing the tuition fee, other fees and deposits to be charged from the students by the Private Medical Colleges in the State. Under the notification the candidates admitted against...a resident of Meerut was informed by the management of Sri Siddharatha Medical College, Agalokote, Tumkur in the State of Karnataka that she could be admitted to the MBBS course in the session...
...that full pay commissioned service will count for pay has been superseded by para 7 read with para 31 of Army Instruction 176 of 1965. The Court said that the appellant had only medical licentiate...partially allowing a writ petition filed by the appellant.2. The appellant, while holding medical licentiate qualification, was taken in the Army Medical Service as an...reserve of medical officers to be called “A.M.C Reserve” and Army Instruction I/S dated May 27, 1954, was issued by the Government of India for that purpose. According to the instruction, the A.M.C...
....2. The appellant, a private limited company, was incorporated on January 25, 1955. The objects for which the Company was established were given in the clauses of para 3 of the...Memorandum of Association. A number of business activities were mentioned in those clauses. Clauses 6 and 7 of that para were as under:“6. To purchase, take on lease or...assessed under Section 12 of the Act. On further appeal to the Income Tax Appellate Tribunal, the Tribunal referred to clauses 6 and 7 of para 3 of the Memorandum of Association and came to the conclusion...