Court : Kerala
Decided on : Aug-11-1986
Reported in : I(1987)ACC445; AIR1987Ker52
..... available to the doctor as envisaged in section 88 of the penal code. the consent factor may be important very often in cases of selective operations which may not be imminently necessary to save the ..... but for the protection of the physician or the surgeon, as the case may be. every surgery, whether minor or major, is fraught with some degree of hazard or risk which varies in accordance with the seriousness of the disease. if a patient collapses during the course of a surgery or during the ..... course of a treatment, law gives protection to the medical man, provided, he establishes that the risky step was adopted with the consent, express or implied, from the patient. in fact it is a defence ..... bolam v. friern hospital management committee, ((1957) 2 all er 118) while explaining the law to the jury.'counsel for the plaintiff put it in this way, that in the case of a medical man negligence means failure to act in accordance with the standarde of reasonably competent medical man at the time. that is a perfectly accurate ..... of surgery in the medical college, kottayam. p.w. 9 and d.w. 3 were examined as experts in surgery, by the respective sides. both are well qualified in the subject. the appellant himself is a well qualified surgeon. he holds f.r.c.s.9. the appellant's definite case is that the .....Tag this Judgment!
Court : Kerala
Decided on : Oct-10-1986
Reported in : 1987CriLJ1703
..... , without an attempt to give a second blow, the assailant being either an immature boy or a person acting without malice. the court held that thirdly of section 300 is not attracted and the act will only attract third clause of section 299 punishable under part ii of section 304,i.p.c. both these decisions rested on the particular facts of the cases. these decisions ..... the appellant, would necessarily lead to the conclusion that he had no intention to cause the death and he had no intention to cause this particular injury, which, according to medical evidence, is sufficient in the ordinary course of nature to cause death. learned counsel for the appellant referred us to decisions in kulwant rai v. state of punjab : air1982sc126 and ..... placed on the decision of .the bombay high court in sardarkhan jaridkhan v. emperor air 1916 bom 191 : 1916 (17) cri lj 530, where it had been observed:where death is caused by a single blow, it is always much more difficult to be absolutely certain what degree of bodily injury the offender intended.dealing with these observations, the supreme court said:with ..... aid, prepared wound certificate and recorded ext. p-12 dying declaration and referred him to the medical college hospital, kottayam. on the way to the medical college hospital, unni died and his body was taken to government hospital, kattappana.3. at 9.30 a.m. on 28-2-1981, p.w. 1 went to the kattappana police station and gave ext. p-l .....Tag this Judgment!
Court : Kerala
Decided on : Apr-04-1986
Reported in : II(1986)ACC334; 66CompCas932(Ker)
..... of various kinds. vehicles in which passengers are carried for hire or reward, as in the case of a bus, are dealt with in sub-section (2)(b) both in respect of passengers and in respect of persons other than passengers. the provision lays down that the policy must cover the amount ..... the appellant contended that the insurer cannot raise the defence about the extent of its liability as it is not one of the defences contemplated in section 96(2) of the act. in support of this contention, he relied on the decision in united india fire and general insurance co. ltd. v. kalyani  58 ..... entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment-debtor. sub-section (2), in effect, states that the liability of the insurer shall not arise unless before or after the commencement of the proceedings, the insurer had ..... insured with the third respondent.6. it appears to us that this approach of the tribunal was wholly erroneous. in the claim petition, it was definitely alleged that the third respondent, the united india fire and general insurance co. ltd., was the insurer of the vehicle and the third respondent was also ..... not been proved. but disability involved in the loss of 11 teeth has not been denied and is established by medical evidence. the injury itself is a severe one. it involves a degree of disfigurement. it must have caused considerable pain and suffering to the claimant over an extended period. it certainly would .....Tag this Judgment!
Court : Kerala
Decided on : Feb-21-1986
Reported in : 1987CriLJ180
..... citizens. we are constrained to say that the sessions judge has shown callous indifference and indiscretion in this respect. the sessions judge has also acted in disregard of section 235(2) of the cr. p,c. hearing the accused on the qsestion of sentence is not intended as a formality. it is intended to ..... was taken to the kuttilakkad govt. hospital from where without even removing the injured from the car he was carried to the cranganore hospital as per medical advice. before reaching there the patient died and the doctor examined and declared him dead. all these things transpired within less than one hour. unfortunately ..... the witnesses was affirmed by pw. 12 in re-examination. we do not find anything to disbelieve the oral evidence on the basis of the medical evidence. pws. 4 and 5 are persons who saw the accused going away from the scene after the incident with weapons and there is no ..... and the manner in which the injuries were received by him as spoken to by pws. 1 to 3 the injuries are not possible according to medical evidence and hence pws. 1 to 3 will have to be disbelieved. so also another argument was advanced that pws. 1 to 3 have ..... -witnesses is clear, cogent and consistent it can be accepted only if it is riot demolished by the medical evidence. that depends upon individual cases. if the apparent difference between ocular evidence and medical evidence is attributable to any acceptable reason which is capable of compromising the two apparently different versions, otherwise .....Tag this Judgment!
Court : Kerala
Decided on : Dec-09-1986
Reported in : (1994)IIILLJ65Ker
..... if drinking the water was the cause of his death, the cause and the effect arose out of and in the course of his employment. the medical and other evidence clearly show that death was caused by gastro enteritis which itself was caused on account of the water which the deceased had drunk a few ..... was not the immediate or direct or proximate cause of his death; yet by the very nature of his employment, the deceased was exposed in a special degree to suffer the consequences of that flowed from the perils of the sea such as storm and such consequences were, as lord atkin puts it, 'sufficiently associated ..... dispute. the commissioner at the end of the enquiry founds that the railway was liable in terms of section 3 of the workmen's compensation act, 1923 and awarded the aforesaid sum of rs. 19,200/-as compensation.2. counsel for the railway submits that there was no causal connection between the drinking of the water and ..... with his employment' so make the employer liable under the act.'see also the decision of the full bench of this court in m.f.a. no. 517 of 1981 (1986 klt.1329).4. it cannot be ..... contract of service, the accident necessarily arises out of and in the course of the employment. it is immaterial if the event itself was caused by an act of god like storm, lightning or earth-quake. what directly caused the death of the workman in the present case was the capsizing of the boat in .....Tag this Judgment!
Court : Kerala
Decided on : Nov-26-1986
Reported in : (1987)IILLJ180Ker
..... if it is shown to be vitiated by an error manifest and obvious. in d.p. maheswari v. delhi administration 1983 ii llj 425 the supreme court considered the scope of the definition of 'workman' in section 2(s) of the i.d. act and observed at pp. 428-429:where the question before the labour court is whether an employee is a 'workman' as ..... m.g. menon v. dy. labour commr. 1981 k.l.t. 192, the question considered was whether a medical representative is a workman or not. the court pointed out that a medical representative will not fall within the scope of the expression 'employee' in section 2(d) when clause (d) read as a whole clearly indicates that the words 'skilled or unskilled' have been ..... considered. this court held that the medical representative is not a workman coming within the ambit of the industrial disputes act, his main work being canvassing for the purpose of promoting sales, though in the course of his functions he had ..... . 1970 ii llj 590 has laid down that the test of substantial work performed by the concerned employee should be applied to find out as to whether the employee is employed to do skilled or unskilled manual, clerical, technical or supervisory work. in john wyeth & brother v. industrial tribunal, alleppey 1977 lab. i.c. 1997, the case of a medical representative was .....Tag this Judgment!
Court : Kerala
Decided on : Jun-04-1986
Reported in : 1988CriLJ68
..... is sought to be quashed, and a writ of mandamus according sanction to the petitioner to prosecute the 2nd respondent under section 6 of the act for the commission of offences under section 5( 1)(d) of the act is also sought for.2. the principles relating to the grant of sanction, when in an attempted prosecution of such an important functionary like the chief ..... inadequate, that is more a matter for political judgment by the legislature or the people and not by the court of law unless it be that the act or omission falls squarely within the definition of any of the offences under the ipc or any other law.11. the decision in the present case has been taken by the highest constitutional functionary ..... nayak v. a.r. antulay : 1984crilj613 and state of maharashtra v. ramdas shrinivasa nayak : 1982crilj1581 .4. the petitioner has founded his case of corruption as coming within section 5(1)(d) of the act. that section reads:5. criminal misconduct in discharge of official duty : - (1) a public servant is said to commit the offence of criminal' misconduct -(d) if he, by ..... provided to central ministers for the following purposes:i) natural calamities/law and order problems which require the immediate presence of the minister;ii) for visiting inaccessible areas where no other mode of conveyance is conveniently available;iii) medical requirements; andiv) in exceptional circumstances of sufficient gravity warranting the use of iaf aircraft/helicopters.the allegation is that the chief minister .....Tag this Judgment!
Court : Kerala
Decided on : Mar-06-1986
Reported in : (1987)61CTR(Ker)15; 161ITR21(Ker)
..... trade, commerce or manufacture. the expression 'profession' is defined in section 2(36) to include vocation. section 64 of the 1961 act corresponds to section 16 of the 1922 act. the definition of 'business' is identical in both the acts. the 1922 act did not contain a definition of the expression 'profession'. under section 16(3)(a)(i) of the 1922 act,in computing the total income of any individual for the ..... constitute full surgical and medical facilities. there is income from medicines, x-ray charges, etc. in our view, a review of all the factors would show that the present is a case where two professionals ..... professional and technical skill of the assessee and his wife but derived from other facilities also which were provided by the firm. the firm, in the present case, was providing medical facilities including surgical facilities and one of the elements was the professional services of the assessee and his wife but there were several other elements also which together went to ..... profession. however, such is not the case here. one of the partners who was having share of 45% (the assessee also having 45% and his wife 10%) was not a medically qualified person. the assessee and his wife were no doubt offering their professional and technical skill, but as described in clause 5 of the deed and, in our opinion correctly .....Tag this Judgment!
Court : Kerala
Decided on : Apr-02-1986
Reported in : AIR1986Ker256
..... ; and raised before the learned single judge three points :(i) the pulp division is not a 'specified industry' within the meaning of section 2(c) of the act, and no cess can consequently be levied in respect of that division under section 3; (ii) the proceedings of the appellate committee are vitiated by legal bias; and (iii) rule (6) of the water (prevention and control ..... . the power to amend schedule i is conferred on the central government under section 16. these sections too do not have any direct bearing on the question involved.11. rules were framed under the cess act in 1978. they were published on 24-7-1978. rule 2 deals with definitions. standards of meters and places where they are to be affixed are dealt with in ..... court to determine whether the material is relevant to the point of construction in question, and if so whether it should be admitted. this has to be done with a degree of inhibition and an amount of circumspection.'the passage extracted above would justify a reference to legal and technical literature all over the world in relation to the prevention of ..... (j) of the pollution act, one of the important functions of the state board is :'(j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution;'section 24 contains a prohibition on .....Tag this Judgment!
Court : Kerala
Decided on : Mar-10-1986
Reported in : I(1987)ACC461; AIR1987Ker47; 68CompCas192(Ker)
..... thinks fit. it shall have all the powers of a civil court for the purpose of taking evidence on oath and other matters enumerated in sub-section (2). section 110-d deals with appeals. any person aggrieved by an award of a claims tribunal may, within ninety days from the date of award, prefer ..... appeal. we have heard learned counsel for the appellant and other members of the bar interested in the question.2. sections 110 to 110f were substituted for former section 110 by central act 100 of 1956. section 110 deals with power of the state government to constitute motor accidents claims tribunals for the purpose of adjudicating ..... of the provisions of rule 11 of order xli of the code, high court has the power to scrutinise an appeal filed under section 110-d of the act at the threshold to satisfy itself that there is a prima facie case which the respondent must be called upon to answer and to ..... of appeal. it does not specifically confer a right to file cross objections. the question is whether the respondent in an appeal under section 110-d of the act could file cross objections and whether the high court could entertain such cross objections. the near unanimous view of the high courts in india ..... right of appeal from its decision, remain the same.' 8. in secy, of state v. chellikani rama rao, air 1916 pc 21, the privy council considered the provision in the madras forest act laying down right of appeal to the district court in respect of rejection of a claim put forward before the forest .....Tag this Judgment!