Court : Mumbai
Decided on : Aug-07-1989
Reported in : (1989)91BOMLR922; [1990(60)FLR318]; (1990)IILLJ430Bom
..... be met only by suitably amending the definition of the term 'workman' in the industrial disputes act, 1947 in a manner that the medical representatives are also covered by the definition of 'workman' in the said act. our attention was drawn particularly to sub-section (2) of section 6 of the sales promotion employees (conditions of service) act, 1976 which provides that the provisions of ..... the industrial disputes act, 1947, as in force for the ..... these are all cases in which it was found that the work of the medical representative was to do canvassing for promoting sales and therefore would not fall into any of the categories enumerated in the text of the definition 'workman' under section 2(s) of the industrial disputes act. the same was the view taken in several other cases regarding salesman. ..... learned labour judge rushed to hold that the duties of the medical representative were similar to those of the development officer in the life insurance corporation. he then went on to observe that it was clear from the definition of the workman under section 2(s) of the industrial disputes act that certain persons are excluded from this category and the non .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-25-1989
Reported in : 1990ACJ923; (1989)91BOMLR939; [1990(60)FLR858]; (1991)ILLJ66Bom
..... in the schedule in force on the date of the accident.18. the basis for calculation of the compensation is monthly 'wages' as defined under section 2(m) of the act which excludes the travelling allowance and the amount paid to cover special expenses entailed on the workman by the nature of his employment. so calculated, the ..... took place and the deceased was not a heart patient, the legal heirs had failed to discharge the burden of proving the ingredients of charging section 3 of the act.4. having heard the parties and perused the record it seems to us that the entire approach of the commissioner was hyper-technical and this ..... it was a case of personal injury caused by the accident, 'arising out of and in the course of his employment' as contemplated under section 3 of the act. the msrtc denied the liability and resisted the claim taking a stand that it was a case of natural death which in no way was ..... found lying unconscious near his weaving loom of the mills round 5 p.m. when he was removed to the dining shed he was found dead. the medical officer gave a report that the death was due to heart failure by heart attack. the commissioner rejected the claim of the legal heirs on the ground ..... mechanic mohd. akram entered the bus, lifted the body of abdul aziz, put it in the lying condition and straightway took the bus to the government medical college hospital, where abdul aziz was declared dead by the attending doctor at about 9 p.m. the death was attributed to heart failure due to sudden .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-25-1989
Reported in : II(1990)ACC20
..... in the schedule in force on the date of the accident.18. the basis for calculation of the compensation is monthly 'wages' as defined under section 2(m) of the act which excludes the travelling allowance and the amount paid to cover special expenses entailed on the workmen by the nature of his employment, so calculated, the ..... place and the deceased was not a heart patient, the legal heirs had failed the discharge the burden of proving the in gradients of charging section 3 of the act.4. having heard the parties and perused the record it seemed to us that the entire approach of the commissioner was hyper technical and this ..... and it was a case of personal injury caused by the accident, 'arising out of and in the course of his employment' as contemplated under section 3 of the act. the msrtc denied the liability and resisted the claim taking a stand that it was a case of natural death which in no way was ..... found lying unconscious near his wearing loom of the mills round 5 p.m. when he was removed to the dining shed he was found dead. the medical officer gave a report that the death was due to heart failure by heart attack. the commissioner rejected the claim of the legal heirs on the ground ..... mohd. akrem entered the bus, lifted the body of abdul aziz, put it in the lying condition and straightway they took the bus to the government medical college hospital, there abdul aziz was declared dead by the attending doctor at about 9 a.m. the death was attributed to heart failure due to sudden .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-27-1989
Reported in : (1993)IIILLJ121Bom; 1989MhLJ901
..... as the pay-scale of matron grade iv (non-gazetted) on the hospital side. this is clear from appendix 79 of the maharashtra civil medical code, part ii. the said appendix 79 also shows that gradation of matrons referred to above. this important material which, however, needs to be taken into consideration ..... not less than 8 years. however, the proviso to the said rules makes an exception, in the case of the candidates possessing b.sc. degree in nursing. in her case the experience necessary in administration or teaching is not less than 5 years after graduation. it would appear from the ..... council or are eligible for registration by the maharashtra nursing council. what is necessary to be seen is that for a candidate possessing b.sc. degree in nursing, experience of one year after graduation is necessary for appointment in the post of sister-tutor. 6. turning now to the recruitment rules ..... eligible for such registration; and (iii) hold the tutor's certificate; (iv) have adequate knowledge of english. provided that candidates possessing b.sc. degree in nursing recognised by indian nursing council shall be eligible if they possess experience for not less than one year after graduation and are registered by the ..... thereafter under the maharashtra nursing council act. she was then appointed as a staff-nurse in the payscale of rs. 125-5-145 in the district hospital, akola, by the order dated 4-3-1967. during her service, she was deputed for b.sc. (post- basic) degree course in nursing on 26-6 .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-03-1989
Reported in : 30ITD275(Mum)
..... a mere special or temporary purpose, but with a present intention of making it his permanent home.instances-examples-appended as (i) and (ii) to section 10 of the indian succession act (which has been relied upon by the learned departmental representative before us also) are to the following effect :-'(i) a, whose domicile ..... long before his death, but had also applied for us citizenship long ago. the evidences are clear to show that the deceased had made a definite choice of permanent residence in usa and domicile in usa. if the domicile had at that early part of his life changed from india to ..... lordship having observed that the concept of domicile is not uniform throughout the world not is the terms domicile capable of exact definition. it lends itself to illustrations but not to definition. a residence of a particular kind and an intention of a particular kind are constituent elements for existence of domicile. thus both ..... his friends it would appear that the deceased had planned to go back to usa and settle down so that he could have the best medical attention for his ailment. it is pertinent to note that the deceased expired in paris on accounts of his heart ailment at the very young ..... act are very clear in stating that even a few hours stay in a foreign country is sufficient to establish change of the domicile if the residence is a sequel to clear intention to stay there permanently in future. in this case the deceased had his moorings in usa. he had studied in usa taken a degree .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-07-1989
Reported in : AIR1990Bom170
..... engaged at hong kong for depending (sic) the suit, court-fee etc. about which i am not in a position at this stage to give any definite break up or documentary evidence.' in his renewed application of 7th november 1987 the defendant has been at pains to point out to the reserve bank that even ..... the hong kong supreme court fixed a date for hearing of the suit. the defendant got the hearing of the suit adjourned on the production of a medical certificate. the defendant also tried to delay the hearing of the suit by making an application for specific discovery, which application was rejected. thereafter in march ..... .29. in my view, in these circumstances, the case before me falls under the ratio laid down by the privy council in keymer's case air 1916 p.c 121. the decision of the hong kong court is not given on examination of the points at controversy between the parties. it seems to have ..... be said to be a judgment on the merits of the case?21. in the case of d.t. kevmer v. p. visvanathan reddi reported in air 1916 pc 121, the defendant refused to answer interrogatories which had been submitted to him. because of his refusal the defence was struck out. the merits of the ..... this guarantee which was given in violation of sec. 26(6) of the foreign exchange regulation act, 1973.32. section 47, sub-sec. (3), of the foreign exchange regulation act, 1973, however, provides as follows:47.(1) xx xx xx xx(2)xx xx xx xx xx(3) neither the provisions of this act nor any term (whether express or implied) .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-21-1989
Reported in : 1989(2)BomCR475
..... swab. dr. (miss) dhote's evidence makes it clear that if traces of semen or spermatozoa are not noticed in the vaginal swab, it would definitely indicate absence of sexual intercourse or rape on the victim. the learned additional sessions judge has observed in para 52 of his judgment that the articles ..... 1's wife bindiya was not an eye-witness to the incident and whatever she might have stated, would not be relevant because under section 8 of the evidence act, it is only the conduct of the accused no. 1 alone which would be relevant and not what statement bindiya made. the learned ..... observed as follows :'spermatozoa lose their activity in the mediums of acids, strong alkalies, metallic salts, alcohol, glycerin and urine or when heated about 50 degree c, but they retain their characteristic form for a long time if not disintegrated by decomposition. in properly preserved garments they have been identified in stains of ..... an attempt to conceal the dead body by throwing sheaves of fodder on the body, the only inference that is deducible is that the two persons acted in concert and participated in action. the prosecution version, therefore, appears to us to be natural and acceptable.15. that takes us to the other ..... 1 and 2 to be guilty under sections 302 and 376 read with s. 34 of the penal code and without passing any sentence in respect of rape, imposed the sentence of death on accused 1 and 2.5. the fact that ramu mawasi met with a homicidal death is established by medical evidence as .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-12-1989
Reported in : AIR1989Bom220; (1989)91BOMLR118; 1989MhLJ337
..... , with respect, good reasons, for holding that even the dismissal of a petition claiming relief under any of the sections from sections 9 to 13, would constitute a decree as contemplated by section 25 of the act . therefore, the fact that the petition of the petitioner spouse was dismissed would not be a bar to the ..... support the view canvassed by mr. karlekar. there it has been held that where the petitions for a decree of the nature, viz., under sections 9 to 13 of the act has been dismissed on merits, the opponent spouse could not be granted future alimony. vaze, j. has taken a contrary view in manilal's ..... no. 612 of 1982 decided on 3 july 1986). the circumstances in narkar's case were, the husband had made an application under section 10(1)(b) of the act asking for judicial separation from his wife on the ground of cruelty and desertion. notice of the application was served on the wife and ..... or that she had so strong and in particular with him that the marriage could not be consummated. after some 3 years, the husband perusing a medical certificate tendered by the wife showing that she had normal genital organs, and, in fact was accustomed to sexual intercourse, sought and was granted leave to ..... impugns the dismissal of a petition seeking a decree of nullity for non-consummation of marriage or in the alternative a divorce on the ground of infidelity.2. the admitted facts are that the parties are hindus and were married at bombay on 22 may 1979. in the diwali of 1979, on the occasion .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-16-1989
Reported in : (1989)91BOMLR770; [1990(60)FLR686]; (1991)ILLJ89Bom
..... carried on by or under the authority of the central government'. it is necessary to draw attention to the definition of 'appropriate government', as set out in section 2(a)(i) of the industrial disputes act, 1947 which provides that 'appropriate government' means : (i) in relation to any industrial dispute concerning any industry ..... as follows :'this decision does not lay down that any of the statutory corporations and other bodies which are expressly included in section 2(a) of the industrial disputes act, 1947 either originally or by virtue of the amendment of 1982 cannot be said to be an industry carried on 'by or ..... have been considered as an industry carried on by or under the authority of the central government. but by virtue of its express inclusion in section 2(a)(i), a reference in case of such a corporation is required to be made by the central government. it is equally possible that ..... work done through contractors was not agreed to, this petition was filed on 24th june, 1985.7. the c.l. act was amended on 20th january, 1986. after amendment sec. 2(a) reads as follows :'appropriate government means (i) in relation to an establishment in respect of which appropriate government under ..... of control exercised by principal over agent and the control exercised by government over public corporation. that, i think, is only a distinction in degree. the crux of the matter is that public corporation is a new type of institution which has sprung from the new social and economic functions .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-1989
Reported in : 1990(1)BomCR123; (1989)91BOMLR900; (1990)IILLJ280Bom
..... word 'any establishment within the meaning of bombay shops and establishments act', and it does not use the word 'as defined under the act'. consequently the provisions of section 2(4) read with section 2(8) of the bombay shops and establishments act are ipso facto attracted by this definition of section 2(4)(iii) of the main act and therefore all these wings are covered by this provision at least ..... form and the circuit would be complete only after reading section 2(4) which reads as -section 2(4) : 'commercial establishment' means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes establishment of any legal practitioner, medical practitioner, architect, engineer accountant, tax consultant or any other ..... going on. it is excluding those wings that have generated the entire controversy about the liability to pay be contributions and those wings for instance comprise such as accounts department, medical department, legal department, etc. which list is obviously not exhaustive.3. all these contentions are countered by shri singhvi and shri dixit, the learned counsel for the respondents, who have .....Tag this Judgment!