Court : Himachal Pradesh
Decided on : Jan-01-2009
Reported in : 2009(1)ShimLC438
..... are incapable of being assessed by arithmetical calculations. in order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. so far as non-pecuniary damages are concerned, they ..... to pgi chandigarh where he remained admitted from 3.5.2002 to 12.5.2002.3. the claimant filed a claim petition under section 166 of the motor vehicles act. the learned motor accident claims tribunal (mact) allowed the claim petition. it found that the petitioner had sustained 75% disability and ..... liberal a fashion so as to make it a bounty to the claimant. the court while assessing the compensation should have regard to the degree of deprivation and the loss caused by such deprivation. the compensation or damages assessed for the personal injuries should be substantial damages to ..... stated that the petitioner requires the help of attendant even to walk. therefore, i feel that if a global amount is to be awarded for medical expenses, transportation charges, attendant and special diet etc. this amount cannot be less than rs. 50,000/-.18. the petitioner remained in hospital ..... capacity is virtually total. in my opinion, the learned tribunal gravely erred in only awarding a sum of rs. 20,000/- on account of medical expenses, transport charges, attendant, special diet etc. no doubt the evidence led by the petitioner to prove his expenses is not very satisfactory.17 .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-06-2009
Reported in : RLW2009(1)Raj790
..... sc. nursing)2 national institute of medical sciences (nims), college ofnursing shobha nagar, jaipur (b.sc. nursing).nims university ralasthan. jaipur act. 2008section 11. short title, extent and commencement. - (1) this act may be called the nims university rajasthan, jaipur act, 2008.(2)....(3) it shall be deemed to have come into force on and from 19th january, 2008.section 2(2) definitions.- in this act, unless ..... to a university established or incorporated by or under a central act, provincial act or state act or an institution deemed to be a university under section 3 or an institution specially empowered by an act of parliament to confer or grant degrees. sub-section (3) of this section provides that 'degree' means any such degree as may, with the previous approval of the central government ..... are to be read together in the matter of recognition of degree, otherwise the provision of consultation with the medical council of india for recognition of the degree for the purpose of inclusion in schedule-i attached to section 11 of the act of 1956 would become redundant. the degree to be granted by the nims university has not been included ..... . ramanatha aiyar law lexicon (2nd edn):a mark of distinction conferred upon a student for proficiency in some art or science; university diploma of specified proficiency.encyclopedia americana'degree' - the title conferred by a college or university, signifying that a certain step or grade has been attained in an area of learning. the award of a .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-06-2009
Reported in : 2009(1)AWC769
..... determine the standards of institutions for higher education. section 2(f) of 1956 act defined the university. section 22 of the 1956 act provided for right to confer degree. section 2(f) and section 22 of the 1956 act are quoted as below:2(f) 'university' means a university established or incorporated by or under a central act, a provincial act or a state act, and includes any such institution as may, ..... reach of the candidates who seek admission for engineering colleges. it is not a very high percentage of marks that has been prescribed as minimum of 60% downwards, but definitely higher than the mere pass marks. excellence in higher education is always insisted upon by a series of decisions of this court including dr. preeti srivastava case. if higher ..... the standards of education prescribed by the union in exercise of powers under entry 66 of list i. for example, a state may, for admission to the postgraduate medical course, lay down qualifications in addition to those prescribed under entry 66 of list i. this would be consistent with promoting higher standards for admission to the higher educational ..... declared as deemed university, they have decided to keep themselves outside the scope of common entrance test conducted by the state authorities. the admission rules for admission in medical, engineering and dental colleges whereby the colleges run by bharati vidyapeeth were included in the admission proposed to be controlled by the central entrance test authority were challenged in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-06-2009
Reported in : 2009CriLJ1277
..... be a sudden quarrel. he further submitted that, if any offence, is made out, that can, at the most be said to be under section 304 part ii of the indian penal code. he further submitted that even both the dying declarations i.e. po, recorded by balwinder singh, sub inspector, ..... dying declarations, have been subjected to indepth scrutiny, and the same have been found to be reliable. both these dying declarations also find corroboration, through the medical evidence of dr. v.k. munjral, who gave the certificate, that raj bala, was fit and conscious to make statement, dr. ajay kumar, emo ..... gave up, prem chand and phool piari, two prosecution witnesses, as having been won over, by the accused.7. the statement of the accused under section 313 cr. p. c, was recorded. he was put all the incriminating circumstances, appearing against him, in the prosecution evidence. he pleaded false implication. ..... v. sub-divisional officer, guntur : air2008sc19 , in support of his contention, that the dying declarations, being not reliable, the trial court, was wrong, in acting upon the same, to convict the accused and award sentence to him. in raju's case (supra), there were 98% burn injuries, on the body of ..... police station, regarding the admission of raj bala and dr. davinder kumar, medical officer, civil hospital, fazilka, pw4, who conducted the post-mortem examination, on the dead body of the deceased. according to him, there were 1st to second degree burns, present on the body i.e. face, neck, back and .....Tag this Judgment!
Court : Delhi
Decided on : Jan-09-2009
Reported in : 156(2009)DLT481; [2009(121)FLR97]; (2010)ILLJ447Del
..... road transport corporation,. this court held that such terminations of service were unjustified, inequitable and discriminatory, though not amounting to retrenchment within the meaning of section 2(oo) of the industrial disputes act. it was impressed by this court that service conditions of the bus drivers must provide adequate safeguards because such bus drivers have developed defective eye-sight or ..... in that case, the petitioner met with an accident on 07.03.1987 and fractured his bones in his right leg and the medical board declared him to be medically unfit. this happened much before the said act came into force. an industrial dispute was referred to by the workmen which was decided in his favor relyihg upon the earlier ..... house after discharging his duties, he met with an accident and sustained grievous injuries rendering him unsuitable for employment as security guard, thereafter he proceeded on medical leave. he was referred to dtc medical board where he refused to appear. he was prematurely retired from service w.e.f. 22.02.1994 vide letter dated 18.05.1994. the ..... disabled persons in respect of their services.9. the objects of the aforesaid act provide:(i) to spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care education, training, employment and rehabilitation of persons with disabilities;(ii) to create better environment for persons with disabilities;(iii) to remove any discrimination .....Tag this Judgment!
Court : Delhi
Decided on : Jan-09-2009
Reported in : (2009)IILLJ475Del
..... road transport corporation. this court held that such terminations of service were unjustified, inequitable and discriminatory, though not amounting to retrenchment within the meaning of section 2(oo) of the industrial disputes act. it was impressed by this court that service conditions of the bus drivers must provide adequate safeguards because such bus drivers have developed defective eye-sight ..... that case, the petitioner met with an accident on march 7, 1987 and fractured his bones in his right leg and the medical board declared him to be medically unfit. this happened much before the said act came into force. an industrial dispute was referred to by the workmen which was decided in his favor relying upon the earlier pronouncements ..... house after discharging his duties, he met with an accident and sustained grievous injuries rendering him unsuitable for employment as security guard, thereafter he proceeded on medical leave. he was referred to dtc medical board where he refused to appear. he was prematurely retired from service w.e.f. february 22, 1994 vide letter dated may 18, 1994. ..... disabled persons in respect of their services.9. the objects of the aforesaid act provide:(i) to spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care education, training, employment and rehabilitation of persons with disabilities;(ii) to create better environment for persons with disabilities;(iii) to remove any .....Tag this Judgment!
Court : Delhi
Decided on : Jan-09-2009
Reported in : 160(2009)DLT555
..... has passed the orders of voluntary retirement in the aforementioned cases which is an establishment within the meaning of section 2(k) of the industrial disputes act as it was established under central act. such obvious legislature intent is not understood by the officials of the dtc who are at the helm of ..... petitioner stood retired after attaining the age of 55 years after performing lower duties as assigned to him after he became medically unfit. benefit of section 47 of the disabilities act were extended to him till the age of his superannuation, but the same cannot be extended beyond 55 years. thus he ..... on all terms applicable to all other employees. my attention has been drawn by learned counsel for the petitioner to sub-clause 2 of section 47 of the disabilities act which enunciates that no promotion shall be denied to a person merely on the grounds of a disability. it is contended ..... (conditions of appointment & service) regulations, 1952 is framed by the erstwhile drta which are still in force in term of section 516(2)(a) of the d.m.c. act, the employees of this undertaking are to retire on attaining the age of 55 years provided their services are not otherwise terminated ..... ii) whether office order no. 99 dated 04.10.1963 and the circular dated 30.6.98, issued by the management by virtue of section 4(e) of delhi road transport laws (amendment) act, 1971 providing for the extension of the service of the drivers beyond 55 years of age on year to year basis subject to their medical .....Tag this Judgment!
Court : Orissa
Decided on : Jan-12-2009
Reported in : (2009)107CALLT504(NULL)
..... quoting, which is as under:misconduct has been defined in black's law dictionary, sixth edition at page 999 thus: 'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour, its, synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, ..... 93) you remanded a lecturer in private c.t. college of rourkela to jail custody for 3 months.(xiii) in gr case no. 566/94 under section 392 ipc the accused was a relative of yours. the investigating officer has mentioned in his diary that you directed the i.o. to submit a final ..... , shyama and upendra who were accused of offences under section 147, 148, 307/149 ipc and section 25 and 27 of the arms act disallowing the prayer of the investigating officer to take them to police custody for further investigation. in the same case ..... to the accused patric narayan on 11.5.1994 on the ground that accused fired a pistol shot without any intention to kill the person and section 307 ipc was not attracted.(iv) in the above mentioned gr case no. 540/94 on 11.5.1994 you granted bail to two accused persons ..... that sushila devi, w/o. raju pal was suffering from t.b. and was advised rest. the medical certificate in the record did not support the ground for which the bail was granted by you.(ii) in g.r. case no. 620/94 on 10.5.1994 you rejected the bail petition of the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-13-2009
Reported in : 2009(111)BomLR855
..... learned commissioner did not commit any error in holding that there was no permanent partial disability to the appellant.12. sub-sections 2(g) and 2(l) of section 2 of the w.c. act define 'partial disablement' and 'total disablement' as follows:2. definitions: (1) in this act, unless there is anything repugnant in the subject or con text,-..(g) 'partial disablement' means, where the disablement is of ..... be paid in accordance with the provisions of sub-section (2)...14. it is stated before this court that respondent no. 2 incurred expenses of treatment. there is nothing on record to show that the appellant incurred any expenses other than two medical bills which are produced on record. so considering sub-section (d) of section 4 and the fact that for 43 days the ..... has two sons; whereas in his cross-examination he stated that the appellant has one son and one daughter.11. all abovesaid circumstances clearly raise doubt regarding truth of the medical certificate dated 26.8.1991 regarding impotency and disability to the extent of 90 per cent. the doctor who issued said certificate is not examined. he has not explained how ..... -examination that he had not obtained any certificate to establish his incapacity to bear a child due to accident. this statement was recorded on 3.5.1991 and thereafter, the medical certificate dated 26.8.1991 was produced regarding impotency.10. dattatraya narsing mane is witness examined by the appellant at exh.47. dattatraya claimed to be of village limbala, the .....Tag this Judgment!
Court : Patna
Decided on : Jan-15-2009
..... of permanent workmen/employees three months' notice.(b) in the case of temporary workmen/employees, probationers, apprentices having less than one year of continuous service as defined in section 2(eee) of the industrial dispute act, 1947, 14 days' notice, if their services are terminated before the expiry of the specified period of their appointment or posts held by them.8. there is ..... effect from 13.8.1987. letter of termination is annexure-6 to the writ application. petitioner protested against the arbitrary decision on many grounds, including the fact that no proper medical board was constituted, no opportunity of hearing was afforded, the order of termination was from a retrospective date and even the so called provision of the standing order had not ..... is concerned, more so when the termination is not as a measure of penalty for misconduct. in fact, standing order no. 22 ii (d) categorically lays down the following termination of service of an employee: (i) on medical grounds, or (ii) on account of retrenchment, or (iii) during or at the end of the period of his probation in accordance with the terms ..... over come the trauma of the accident.3. vide letter dated 22.6.1987 the petitioner was advised to appear before the medical board for examination of his disability caused due to accident on duty. petitioner who was examined by chief medical officer of i.o.c. hospital with some of his subordinates was declared permanently and totally disabled. based on the .....Tag this Judgment!