Court : Kerala
Decided on : Dec-18-2009
..... that the patient herself stated so. that being so, the said statement of the deceased to the doctor can be treated as a dying declaration as envisaged under section 32(1) of evidence act. the fact that the deceased told pw10 as stated above is not seriously disputed. the evidence of pw10 proved ext.p12.19. pw11 is the head constable who ..... and pw10 the then assistant surgeon of general hospital, pathanamthitta who examined the deceased and issued the wound certificate ext.p12 and pw12, the then assistant professor of forensic medicine, medical college, thiruvananthapuram who conducted postmortem examination on the dead body of deceased and issued the postmortem report ext.p15.12. the case of the prosecution is that accused used to ..... 3. pw10 , the then assistant surgeon , pathanamthitta who treated the deceased mohanakumari on 17-06-1999 at 6.10 am, issued the wound certificate ext.p12. accused has suffered second degree burns involving the upper part of the body. pw11, the then head constable of pathanamthitta police station on receipt of intimation from the hospital proceeded to the general hospital, pathanamthitta ..... inquest report ext.p7 in the presence of witness. pw15 is circle inspector of police who laid the charge before the committal court. pw16 is the judicial first class magistrate ii, thiruvananthapuram who recorded the dying declaration of the deceased ext.p25.4. when the accused appeared before the committal court, copies of documents relied on by the prosecution were .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2009
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... force in thane district in various areas.9. it will be better to see a few provisions of the act. section 2, which is the definition clause, defines 'board' in sub-section (1), to mean a board established under section 6. some other sub-sections of section 2 runs as under:2(2) 'contractor', in relation to an unprotected worker, means a person who undertakes to execute any work for an ..... read in isolation. again, it is not that every definition has to be read in the context of the phrase, which would define it. we have again pointed out that even the context does not require us to restrict the meaning of section 2(11). the third mentioned case of state of maharashtra v. indian medical association (cited supra) is of no consequence, as ..... appellants. therefore, reliance placed on the decisions in kaiser-i-hind pvt. ltd. v. national textile corporation ltd. : 2002 (8) scc 182 and thirumuruga kirupa nanda variyar thavathiru sundara swamigal medical educational and charitable trust v. state of tamil nadu and ors. 1996 (3) scc 15 is of no consequence. the argument is thus rejected.42. thus, in our considered opinion ..... ) scc 387, ramesh mehta v. sanwal chand singhvi (cited supra) and state of maharashtra v. indian medical association : 2002 (1) scc 589. in the first mentioned decision, the word 'include' was used, which would make all the difference and thereby, it was held that the definition may deserve a broader meaning and, therefore, it was necessary to keep in view the scheme .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2009
Reported in : 2010ACJ455; 2010(2)ALT1(SC); 2010(1)AWC636(SC); 2010(1)SCALE8; (2010)2SCC607
..... changes:(i) define 'third party' - to cover any accident victim (that is any third party, other than the owner) and increasing the premia, if necessary.(ii) increase the quantum of compensation payable under section 161 of the act in case of hit and run motor accidents.25. india has the dubious distinction of being one of the countries with the highest number of ..... treatment at its cost to the injured, without waiting for an award of the tribunal. if insurance companies can meet the bills for treatment of those who have taken a medical insurance policy, we see no reason why they should not extend a similar treatment to the accident victims of vehicles insured with them.17. in countries like united kingdom, the ..... better treatment of the victims can ultimately reduce the quantum of compensation payable by them. the insurance companies also know that they will have to ultimately reimburse the cost of medical treatment of the accident victim with interest. but still they fail to extend timely aid to the injured victims, but wait for the injured to file a claim petition, after ..... help them to sustain themselves and pick up the threads to live with dignity.4.1) most of the accident victims (who are injured) are not able to access quality medical treatment for want of funds, as their earning capacity is either permanently lost or is put on hold on account of the injuries. they get the compensation only after the .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-17-2009
..... , from the drawer and in such case drawer is entitled to recover excess amount. 'holder in due course' is defined in section 9 of the act. section 20 as quoted above is very clear that holder is not entitled to amount more than intended by the drawer to be paid ..... . else courts would become tools of oppression in the hands of unscrupulous persons.13. here we may usefully refer to section 20 of the negotiable instruments act. as per section 20, no doubt whenever an incomplete negotiable instrument is handed over, the drawer prima facie gives authority to the holder ..... is state of madhya pradesh v. awadh kishore gupta and ors. 2003 air scw 6501. that was case under prevention of corruption act. application was under section 482 of cr.p.c. and scope of exercising powers in a case of acquisition of disproportionate asset by public servant was considered ..... 118 and 138 of the negotiable instruments act. it is observed that presumption under section 118 of the act would favour the drawee until the drawer proves contrary that the ..... under the instrument.14. one more case cited by the advocate for the petitioner is vinod tanna and anr., v. zaheer siddiqui and ors. : 2001 (2) mh.l.j. 714. in that case the court considered presumption under section .....Tag this Judgment!
Court : Guwahati
Decided on : Dec-10-2009
Reported in : 320ITR29(Gauhati)
..... .26. coming to the question as to who is an elector within the meaning of the said expression occurring in sections 4 and 5 of the representation of the people act, 1951, we notice that section 2(e) of the representation of the people act, 1951, defines the said expression as follows:'elector' in relation to a constituency means a person whose name is entered ..... manner the social status and economic resources of a government servant can be different from that of another holding a similar position in a corporation or that of a successful medical practitioner, lawyer, architect, etc. to over-paint the picture of a government servant as the embodiment of all power and prestige would sound ironical. today his position in the society ..... case may be.18. the answer to the above mentioned question is not very simple. in fact, the supreme court in marri chandra shekhar rao v. dean, seth g.s. medical college :  3 scc 130, recognised the possibility of such migration. at paragraph 20 of the said judgment it is held as follows (page 146 of  3 scc 146 ..... their immigration and claim the benefits offered by such state to the scheduled tribes notified in relation to that state. see marri chandra shekhar rao v. dean, seth g.s. medical college :  3 scc 130 and action committee on issue of caste certificate to scheduled castes and scheduled tribes in the state of maharashtra v. union of india :  5 .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Dec-09-2009
..... by some brokers in collusion with the employees of various banks and financial institutions.9. the preamble to the act also makes it clear that the purpose of the enactment was to deal with those particular transactions in securities. in sub-section (2) of section 3 the statutory period occurs after the word transaction. if the period were to qualify the word 'offence' the ..... section would have read 'any offence after the 1st day of april and on or before 6th june, 1992'. from the ..... submitted that his appointment must be in consultation with the central government. reliance has been placed by the learned counsel for the petitioner on the language of sub-section 3 of section 18 of the act. shri maniktala, learned counsel for the petitioner urges that the chairperson as well as the nominee of the central government must both be nominated by the central ..... insurance scheme of the beneficiaries as it may deem fit;(e) give such financial assistance for the education of children of the beneficiaries as may be prescribed;(f) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed;(g) make payment of maternity benefit to the female beneficiaries; and(h) make provision .....Tag this Judgment!
Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Dec-08-2009
..... gone to cda (p), allahabad to secure the alleged order of rejection of claim for disability pension dated 12.12.1975, as also to secure the medical documents for filing effective appeal. on being informed by cda (p), allahabad, after going through various representations, that any representation sent to any authority cannot ..... representations to the third respondent repeatedly on 05.01.1997, 07.07.1998, 05.04.1999, 20.12.1999 and 07.01.2000, praying that medical documents be provided to him for filing an appeal. in addition, on 30.10.2000, 20.12.2001 and 06.06.2002, the applicant had ..... the alleged order of rejection of his disability pension claim was not provided to him. the applicant had also asked the authorities to provide him medical documents for filing an appeal. further, on 07.03.1989 the applicants wife had gone to the third respondents office to collect the alleged order ..... order of rejection of his claim for disability pension was not provided to him. he had also informed that no medical documents were provided to him for filing detailed and effective appeal. 2(c) the third respondent by impugned order dated 22.11.2002 had informed the applicant that his appeal dated ..... report for duty on 16th april 1974 as required and overstayed without leave from 16th april 1974, committing an offence of overstay of leave under army act 39(b). since the applicant did not report for duty on the appointed date, the concerned civil police authority was approached to apprehend the applicant. .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-07-2009
Reported in : 2010(1)MPHT252
..... entitled to evict the appellant on the ground under section 12(1)(c) of the act. the appellant amended the written statement and denied that the provisions of section 12(1)(c) of the act are attracted. it is also pleaded that for providing tmt, eco, ecg and doppler facility the medical practitioner must possess the degree in radiology/radio diagnosis. the respondent does not possess ..... m.p. accommodation control act.13. in the case of jagdamba prasad khandelwal v. shanti devi 2002 (1) mpwn 12, it has been held that in an ejectment suit, the ..... denied the title of the respondent. the respondent by way of amendment gave the detailed particulars about the execution of registered will dated 10-2-1988 and also claimed the decree under section 12(1)(c) of the act on the ground that denial of the title by the appellant is likely to affect adversely and substantially the interest of the respondent and ..... (mst.) v. jagmohan arora 2000 (2) mpwn note no. 142, gwalior bench of m.p. high court has held that it is not necessary for the landlord to produce the document of her title when defendant had admitted the relationship of landlord and tenant. once rent is paid to landlady, she shall be landlord within the definition of the landlord under the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-03-2009
Reported in : 2010(1)AWC762(SC); JT2009(15)SC201; 2009(14)SCALE473; (2010)2SCC114
..... file any objection to the statement prepared by the prescribed authority under section 10 of the act within the stipulated period, the prescribed authority shall' accordingly determine the surplus land of the tenure-holder. sub-section (2) of section 11 of the act further provides that where an application is made by a tenure- ..... holder within thirty days of the date of an order under sub-section (11) of the act, that being a statutory duly cast on the prescribed authority ..... the writ petition, the following statement was made:that the petitioner's late father, against whom the proceedings had been initiated under section 10(2) of the ceiling act, filed application on 8.7.1976 supported by an affidavit stating therein clearly that he was seriously ill for about ten months ..... receive notice dated 29.11.1975 along with the statement of surplus land prepared under section 10(1) and he could not file any show cause without going through the statement. we are amazed at the degree of audacity with which shri sunil kumar singh could make a patently false statement ..... (2) of the act had not been served upon him and on that account he could not file objections within 15 days. the application filed by shri praveen singh was not supported by any medical certificate or other evidence which could prima facie establish that he was really sick for ten .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-02-2009
Reported in : 186TAXMAN460(All)
..... market committees under reference could not be treated as 'charitable' within the meaning of section 2(15) of the income-tax act.34. the word 'charitable' has been defined in section 2(15) of the income-tax act which may be read as under:(15) 'charitable purpose' includes relief of the poor, education, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of ..... procuring till it reaches the ultimate consumer, which is squarely covered within the meaning of the expression 'advancement of any object of general public utility' contained in section 2(15) of the income-tax act.41. it is contended by the revenue that the assessees are established with profit motive because they are not rendering free services but they are charging cess/ ..... allowances for leave, gratuities, compassionate allowance, medical aid and contributions towards provident fund and pensions of the officers and servants employed by or for it;(iii) expenses of and incidental to elections under this act;(iv) the principal amount of or interest on loans and advances referred to in clause (x) of sub-section (2) of section 16;(iv-a) the rent of and ..... counsel also relied on the ratio laid down in the case of yogiraj charity trust v. cit  103 itr 777 that even if one of the objects of the trust is not charitable, the exemption to the assessee under section 11 of the act is not allowable. he further submits that in the instant cases, the mandi samitis in the name .....Tag this Judgment!