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 : 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 : 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 : 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 : 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 : 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 : Jan-01-1986
Reported in : (1987)IILLJ150Ker
..... the case of the latter, offer of alternative employment is a matter purely and exclusively of policy and discretion, whereas in the case of an order under section 45 of the act, there is a definite possibility of continuance in service of the employees of the transferor bank, subject of course to the exclusion of some under the transferee-bank. there is, therefore ..... total period of moratorium shall not exceed six months.(3) except as otherwise provided by any directions given by the central government in the order made by it under sub-section (2) or at any time thereafter, the banking company shall not, during the period of moratorium, make any payment to any depositors or discharge any liabilities or obligations to any other ..... cases against them, they could be reinstated we see no justification in treating the present appellants differently without pointing out how they were guilty of more serious misconduct or the degree of indiscipline in their case was higher than compared to those who were reinstated.' it was also observed that, 'the respondents failed to explain to the court the distinguishing features ..... . a division bench of the allahabad high court applied the principles of the decision in ramanna v. international airport authority 1979 ii llj 217 to the acceptance of apology of some of the students who were expelled from the medical college by the head of the department, and refusal to accept similar apology tendered by some of them. the basic postulate of .....Tag this Judgment!
Court : Kerala
Decided on : Jan-02-1986
Reported in : AIR1987Ker204
..... of mind.14. when a gift is made in favour of a spiritual organisation in such circumstances, the courts always used to expect a high degree of proof about the voluntary and genuine character of the transaction. that has been the case from the days of allcard v. skinner, (1887) ..... registration, the continued stay of the plaintiff, in the s.h. high school and other institutions of the defendants and ultimately in the chethippuzha medical mission hospital was also admitted. according to the defendants, he was taken away on 28-8-1975 under the representation about the impending death of ..... fully correct. in a sense, the statements therein only go to confirm the weakened mind and deteriorated health of the plaintiff. it refers to the medical advice received by the plaintiff that further treatment was of no use. it also refers to the friar having taken him (who was extremely exhausted ..... and registered in the karukachal sub registry office is not in controversy. as regards the property in question, the proper sub registry under the registration act is ettumangor within a very short distance from the property and from the then residence of the plaintiff it was, however, registered at the karukachal ..... for yet another reason. the circumstances clearly make out that item 2 is a fictitious and non-existent property. the document is a fraud on the registration law. it is invalid also on the ground of offending section 28 of the registration act. (see harendra lal roy chowdhuri v. hari dasi debi, 41 .....Tag this Judgment!
Court : Kerala
Decided on : Jan-10-1986
Reported in : 1987CriLJ1593
..... offence cannot otherwise be prevented. these are instances of curtailment of valuable fundamental right in the interest of public order. similarly section 29(b) of the kerala police act empowers the police officers to take all reasonable measures for prevention of crimes. it rather makes their duty also. this is ..... have seen instances of even total prohibition being justified and liberty being deprived by preventive detention permissible under article 22.17. the phraseology in article 19(2) is 'in the interest of public order' and not in the interest of law and order. in madhu limaye's case : 1971crilj1720 it ..... constitution authorising photographs of suspected criminals being published as a preventive measure. the argument was that there is no law within the meaning of clauses (2) and (3) of article 19 making reasonable restrictions and there cannot be any 'procedure established by law' within the meaning of article 21 ..... the interests of the general public. in the decision in babulal parate v. state of maharashtra : 1961crilj16 the supreme court held that both clauses (2) and (3) of article 19 give power to the legislature to make laws placing reasonable restrictions on the rights conferred under article 19, among ..... in view of his expectation of immediate release from jail, he feels that the publication of his photographs will adversely after his future life.2. on behalf of the state, i had the advantage of hearing able arguments on questions of fact and law from the director of public .....Tag this Judgment!