Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jan-05-2011
..... matter admitted, but they may operate as estoppel under the provisions thereinafter contained. the word conclusive proof, in view of the provisions contained in the evidence act must be held to be as contra- distinguished from may presume and shall presume as also the definition of proved and not proved ..... influence, fraud, misrepresentation or mistake. section 15 which reads as under : 15. coercion defined.coercion is the committing, or threatening to commit, any act forbidden by the indian penal code (xlv of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, ..... high seas, causes b to enter into an agreement by an act amounting to criminal intimidation under the indian penal code (xlv of 1860). a afterwards sues b for breach of contract at calcutta. a has employed coercion, although his act is not an offence by the law of england, and although ..... section 506 of the indian penal code (xlv of 1860), was not in force at the time when or place where the act was done. for the purpose ..... act to which we have referred to. section 58 is required to be construed accordingly. the said legal position would appear from a judgment of a rajasthan high court in shantiman vs savitri devi reported in 2003 weekly law notes page 532. (see also jeevan ram shiv datt rai 2005 (199) ctr (calcutta .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Oct-12-2011
..... 4(2) came into force, and any legal proceedings which were determined before that date. claims which have been determined are therefore not affected by the act.since the act renders pleural plaques (and the analogous conditions mentioned in section 2) actionable, it has the effect of rendering persons liable in damages in respect of pleural ..... disease sustained by their employees, such insurance being compulsory, for employers other than certain public bodies, in terms of the employers' liability (compulsory insurance) act 1969. the 2009 act may thus have the effect of rendering insurers liable to indemnify employers under policies of employers' liability insurance, depending in any individual case upon the interpretation ..... to result in their harmful ingestion should be thus actionable. although the dean of faculty for the appellants suggested that realistically this is the effect of the 2009 act pleural plaques themselves being intrinsically harmless and their real significance being their manifestation of substantial exposure to potentially lethal fibres the existence of demonstrable physical changes ..... takes its place under our constitutional arrangements as a self-standing democratically elected legislature. its democratic mandate to make laws for the people of scotlandis beyond question. acts that the scottish parliament enacts which are within its legislative competence enjoy, in that respect, the highest legal authority. the united kingdom parliament has vested in the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-24-2011
..... year 1989. it is not stated whether it is a legal entity in as much as whether it has been registered under any appropriate act. the petitioner claims that in this petition it seeks to expose senior police officers indulging in corruption during the course of conducting investigation and as the quality and standard of investigation is likely to be seriously jeopardized ..... , disturbing newspaper reports were published concerning corruption by the state cid officials of pune, which indicated that the commissioner of police, pune city and the then additional director general of police, state cid as well as his subordinates were indulging in such acts. the petitioner, therefore, collected newspaper reports about the illegal detention of shri sanjay ramchandra randive and shri thomas joseph tavares ..... an illegal visa extension case and brought him to pune. a case was registered at the chaturshrungi police station, pune, being c.r. no. 317 of 2004 under sections 466, 468, 471, 420, 120-b, 201 of ipc read with section 14 of the foreigners' act, 1946. the investigation of the said case was subsequently transferred to the state cid, headed by ..... and he was the investigating officer in c.r. no.317 of 2004 registered with the chaturshrungi police station for the offences punishable under sections 466, 468, 471, 420 and 120-b of i.p.c. read with section 14 of the foreigner's registration act, 1946. it has been pointed out that the said case was transferred to the c.i .....Tag this Judgment!
Court : Chennai
Decided on : Oct-21-2011
..... the only alternative of avoiding harm to the employee. it has also to be kept in view that the employee, in the instant case, unlike a police constable or a fireman, was not in such an employment where it was expected of him from the nature of employment to face the hazard of a ..... the insurer. even otherwise, the supreme court in two of its decisions has spelt out the true meaning of the word accident found in the workmen's compensation act. the first decision was the one reported in (2006) 5 scc 513 [jyothi ademma vs. plant engineer, nellore and another] and paragraph 7 of the ..... accident from the point of view of the person who suffered from it and it is an untoward event as defined in section 3(1) of the act. therefore, sustaining injury while on duty and meeting his death subsequently has to be necessarily considered as an accident arising out of and in the course ..... is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act....7.this court vide its decision reported in 1983 (ii) l.l.j. 326 [superintending engineer, parambikulam aliar project, pollachi vs. andammal] dealt with a ..... was rejected on the ground that it did not arise in the course of his employment.6.the supreme court, with reference to the provisions of the workmen's compensation act, in its decision reported in 1970 (1) scr 869 = (1969) 2 scc 607 [mackinnon mackenzie and co., (p) ltd. vs. ibrahim mahammad issak] .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-19-2011
..... , then the very purpose of classification of vehicle as goods vehicle and public service transportation vehicle. such contract is opposed to public policy and motor vehicle act. 15. imt 14 however, has been considered by this court also in mfa no.4064/2004 at paragraphs 8 and 9 which reads as under: ..... this policy. 14. imt14 refers to cover the risk of the persons who are other wise not statutorily covered under section 147 of motor vehicle act, namely a person not being an employee of the insured not carried for hire or reward. it is true that incidentally, in connection with transportation ..... vehicle from carrying any passenger. this is clear from the expression in additional to passengers as contained in definition of goods vehicle in the old act. the position becomes further clear because the expression used is goods carriage is solely for the carriage of goods. carrying of passengers in a goods ..... the risk of such persons by entering into a contract. 11. as far as goods vehicle is concerned, definition under section 2(14) of the act was considered by the apex court, it is held that the goods vehicle is not meant for transporting passengers. in the matter of national insurance company ..... that vehicle in question is a goods vehicle meant for transporting the goods only, as such, persons as specified under section 147 of the motor vehicle act are only the persons authorized to travel in the goods vehicle, not others. even, if there is a contract, contract must be in consonance .....Tag this Judgment!
Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : May-05-2011
..... operation that angiogram test to be made the claim was repudiated. this policy conditions were incorporated as long before so many years on the basis of the life insurance corporation act 1956 and in view of the advanced medical technologies improved through out the world and as per the medical literatures by way of news paper publications as filed by the .....Tag this Judgment!
Court : Gujarat
Decided on : May-07-2011
..... 1 is confirmed.insofar as appellant no. 2 original accused no. 2 is concerned, his conviction under section 325 of the indian penal code and section 135 of the bombay police act is confirmed, but sentence is reduced to one already undergone. directions for payment of fine remains unaltered. appellant no. 2 shall be released forthwith if not required in any other ..... code and section 135 of the bombay police act and sentenced to simple imprisonment of five years and two years respectively.10. learned advocate shri pradeep patel for the appellant vehemently submitted that learned trial judge committed error in ..... sustain the charges.9. as noted, sandeep accused no. 1 was convicted for offences punishable under section 307 of the indian penal code and section 135 of the bombay police act and sentenced to rigorous imprisonment of seven years and simple imprisonment of two years respectively. budha accused no. 2 was convicted for offences punishable section 325 of the indian penal ..... sessions case no. 104/2004, the appellant original accused no. 1 was convicted for offence punishable under section 307 of the indian penal code and section 135 of the bombay police act and sentenced to rigorous imprisonment of seven years and simple imprisonment of two years respectively. fine was also imposed. appellant no. 2 accused no. 2 was convicted for offence .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-21-2011
..... unrebutted, warrant conviction of the accused, no charge, in the light of the provisions of section 245 cr.pc., can be framed in a warrant case instituted otherwise than on police report. 14. now, turning to the question as to whether prosecution of the present petitioners is permissible in law in the absence of, admittedly, any allegation in the complaint ..... civil supplies, government of assam, kamrup, guwahati, that the present petitioners were, at the relevant point of time, partners of the said firm and, having received this information and acting thereupon, the food inspector has lodged complaint against the present petitioners without ascertaining if the petitioners were, as partners of the said firm, in charge of, and responsible to, the ..... brothers and m/s tulsyan traders and alleging that the said firm and its partners had committed offence under section 17 and were, therefore, punishable under section 16 of the pfa act for selling and having stored for sale the adulterated arahar dal, the food inspector obtained the consent from the appropriate authority for prosecution of all the accused under section 20 ..... dal was artificially colored with non-permitted coltar colour (metanil yellow) and unfit for human consumption and was, therefore, adulterated within the meaning of section 2 (ia) (b) of the pfa act. (d). the food inspector, thereafter, wrote to the deputy director, food and civil supplies, kamrup, and, then, to the registrar of firms, government of bihar, patna, to know .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-21-2011
..... given uniform and thus the major change was to convert civilian ministerial employees to uniformed ministerial employees, thus bringing them under the fold of police act 1861. 21. para-3 of the 1967 order clearly mentions that newly created police ranks (m) were entitled to initial uniform grant and uniform maintenance allowance but were not entitled to other perks like house rent or ..... justice and to apprehend persons whom he is legally authorized to apprehend and for whose apprehension sufficient grounds exist and it shall be liable to police officers, for any of the purposes mentioned in section 4 of the police act, 1861, without a warrant to enter and inspect any shop, colony, house or other place or resort of loose and disorderly character broadly ..... for ready reference his affidavit reads as under:- 2. that, on the date of formation of the state of madhya pradesh i.e. on 01.11.1956 the provisions of police act were applicable. at that time the recruitment to the posts of inspector, sub-inspectors, subedars, asstt. sub inspectors were governed by part iii of ..... conditions:- 1. the ministerial employees on their enrollment, will be governed by the provisions of the police act, 1861. for regulating their terms of employment, appropriate provision will be made in the mppr. 2. the ministerial employees of the police deptt. after their enrollment under the police act will continue to draw emoluments in their existing pay scales or as may be revised from time .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-08-2011
..... have taken into account the government of gujarats letter dated 6.11.2008 clarifying the number of captive locations and decided the case accordingly. v. after enactment of electricity act 2003, state commission is sole authority to specify wheeling charges. government of gujarat had no power to change the wheeling charges specified by state commission vide its order no ..... gujarat had also recognized the powers of state commission in government resolution dated 7.1.2009 as given below: notwithstanding anything contained in this resolution, the provisions of the electricity act 2003 and the gerc regulations, as issued from time to time, shall prevail, for the purpose of the implementation of this policy. thus the arrangement of wheeling power from ..... up the issue with the gujrat urja vikas nigam through their letter no. gerc/se/2009 dated 23rd january 2009, in which, the state commission emphasized that as per electricity act 2003, only state commission has got powers to determine tariff including transmission and wheeling charges. relevant portions of the said letter dated 23.1.2009 have been reproduced below: ..... 42, the state commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers; 57. in terms of section 86 of 2003 act, state commission vide its order no. 2 of 2006 dated 11th august 2006 determined transmission and wheeling charges as under: 20 transmission and wheeling charges the commission clarifies that the .....Tag this Judgment!