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 : 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 : 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 : 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 : 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-22-1986
Reported in : AIR1987Ker103; (1987)IILLJ183Ker
..... drawn freely on the detailed contentions raised in the objection, and the submissions regarding the scope and ambit of the employees' state insurance act and in particular sections 53 and 61 thereof, to take the view that the suit is likely to be barred on the basis of such submissions. this ..... and unjust treatment in the matter of his getting damages under law, and that such a situation may even imperil the validity of section 53 of the act, if it is construed literally and as widely as it appearsin its form. the legal and constitutional implications involved in the issues for ..... from earning his normal wages, but is a drain on his meagre financial resources by way ofadditional expenditure on food, nursing and visits to the medical centre etc.'(see alembic glass industries v. workmen, air 1976 sc 2091 at p. 2094.)in other words, the court should not ignore the ..... his employment spills some corrosive acid on his hands; the injury caused thereby sets up erysipelas -- a definite disease; some trifling injury by a needle sets up tetanus. are these not within the act because the immediate injury is not perceptible until it shews itself in some morbid change in the structure ..... the full bench relates to the interpretation to be placed on sections 53 and 61 of the employees' state insurance act, 1948 (hereinafter referred to as the 'act').2. a division bench of this court made some general observations on the scope of the sections in the decision in abad fisheries v. commr. for workmen' .....Tag this Judgment!
Court : Kerala
Decided on : Dec-04-1986
Reported in : AIR1987Ker140
..... , or a judgment of ouster thereunder, may have drastic consequences affecting the public welfare.' (vide note 10). both english law and the american law definitely state that in exercising the discretion, the court should consider all the circumstances of the case, including lapse of time, and circumstances which would establish ..... somewhat drastic remedy the courts in administering it should proceed with anxious deliberation and with utmost caution. in england, by section 9 of the administration of justice (miscellaneous provisions) act, 1938, proceedings by way of prerogative writ of quo warranto to challenge the right of any person to hold a ..... would be futile in its results, or where there was an alternative remedy which was equally appropriate and effective.'4. in king v. speyer (1916) 1 kb 595 it was considered that : --'an information in the nature of a quo warranto will lie at the instance of a private ..... i shall start my enquiry by concisely referring to the constitutional provisions, governing the appointment of a judge of the high court under article 217(2) of the constitution. before a person can be considered for appointment as a high court judge, he must possess the qualifications specified therein. the ..... to issue it considering the circumstances of the case. the canadian view as stated in the king ex rel beudret v. johnston (1923) 2 dlr 278 is that the court has to take into consideration public interest, the consequences to followthe issue of a writ of quo warranto and .....Tag this Judgment!
Court : Kerala
Decided on : Nov-18-1986
Reported in : AIR1988Ker18
..... .6. the next question is about publication of the imputation. it is contended that there is no publication. to attract the definition of the offence of defamation as contained in section 499 of the i.p.c., the imputation should have been made or published 'whoever makes or publishes any imputation' are ..... cannot amount to factual publication. the privilege attached to the professional communications between a lawyer and his client is further fortified by providing section 127 of the evidence act as per which the ban against disclosure is extended to clerks and servants of the lawyer. the clerk of a lawyer, in the ..... children got impleaded as parties. the foundation of this criminal case is a reply which sri. ramakrishnan sent to the first respondent's lawyer on 2-2-1974. it was a reply to a notice sent by the aforesaid counsel to sri ramakrishnan. the said reply contained imputations which are per se ..... the information given to him by another. he must show that the source or sources on which he acted were the proper sources and that he acted on the said sources with a reasonable degree of circumspection and that he has reasonable grounds to believe the truth of the statement he makes. the standard ..... for the sake of convenience, sri. ramakrishnan will be referred to as 'the accused' hereinafter and the respondent will be referred to as the 'complainant'.2. the complainant was a foreman of a chit fund scheme and the accused was one of the subscribers in a kuri piloted by the foreman. the .....Tag this Judgment!