Court : Chennai
Decided on : Mar-22-1951
Reported in : AIR1951Mad1056; (1951)IIMLJ471
..... 2000 with rs. 4000 admittedly corrected into rs. 2000. on the face of it ex. d. 5 describes itself as an 'act policy' obviously issued under section 95 (2) (b), motor vehicles act which requires compulsory insurance for each passenger up to a limit of rs. 4000. d. w. 1 explained that the original of ..... that defendant 1 has suppressed original of the policy because it limited liability to rs. 2000 only, whereas there was a statutory obligation imposed by section 95 (2) (b) for insurance of each passenger upto rs. 4000. the point is, in the circumstances what should be the extent of the insurance company ..... she was therefore the victim of immediate, and it would appear, acute physical pain directly consequent on the collision. nor can the difference in medical opinion come to the rescue of the defendants and assist them in repudiating liability.13. another argument has been advanced that the criterion for damages ..... into consideration, fix the general damages for bodily injury, pain and mental shock at rs. 4,000 and special damages by way of expenses for medical treatment and other miscellaneous items at rs. 1000, unsubstantiated as these claims have been by vouchers. i have no doubt that plaintiff's husband has ..... in a case of this kind shouldbe the ordinary effect of the act of negligence on an ordinary normal person. it is urged that plaintiff's sister who was sitting next to her sustained the same degree of shock with little or no harmful results. my attention has been drawn .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-30-1951
..... offspring of free governments, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the congress, even in punishing it, from extending the consequences of guilt beyond the person of its ..... to their view." id. at 182. this principle has been approved in a long line of decisions. see local government board v. arlidge,  a.c. 120, 132-133; general medical council v. spackman,  a.c. 627; errington v. minister of health,  1 k.b. 249; rex v. westminster,  1 k.b. 53. the committee on minister' ..... 903 in kind, for the relief of anti-fascist refugees and their families. this relief has included money, food, shelter, educational facilities, medical treatment and supplies, and clothing to recipients in 11 countries, including the united states. the acts of the attorney general and the loyalty review board, purporting to be taken by them under authority of the executive order, have seriously ..... organization which advocates the overthrow of our constitutional form of government in the united states." "(2) any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by any act of congress for such position or office shall be used to pay the compensation of such .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-09-1951
..... from the time of his entry into the service until his discharge. that was the view of the court of appeals. we, however, think otherwise. section 302(a) grants the review board "the same powers as exercised by, or vested in, the board whose findings and decision are being reviewed." ..... was allowed to examine the record on which the rehearing would be based. he discovered that the record contained certain page 341 u. s. 38 medical reports of the veterans administration concerning his condition. respondent requested the review board to remove those reports from the record. the review board refused. respondent ..... 144. the case is here on certiorari, 340 u.s. 889. the principal question relates to the provision in 302(a) of the servicemen's readjustment act of 1944, 58 stat. 287, 59 stat. 623, 38 u.s.c. 693i(a), which describes the scope of review by the review board as ..... certiorari to the united states court of appeals for the district of columbia circuit syllabus upon review under 302(a) of the servicemen's readjustment act of 1944 of a decision of the army retiring board discharging an officer for physical disability without pay, the army disability review board may consider, ..... "of making full discovery of all facts as to his condition." [ footnote 2 ] these hearings are not contests; they are inquiries concerning disability. the purpose is to get at the truth of the matter. [ footnote 3 ] the medical history following the retirement will often be of great importance to the review board .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-02-1951
Reported in : AIR1951Cal570
..... service issued and registered at the port of calcutta under the provisions of the indian merchant shipping act (act xxi  of 1923). respondent 1 p. r. dutt is described as medical officer pre-entry medical examination of seamen (government of india) port of calcutta and respondent 2 e. v. bobb is the shipping master having his office at calcutta marine house, hastings, calcutta. ..... see no reason why all other labour unions or seamen's unions should be dragged into this proceeding unnecessarily. the petitioners had no definite facts or materials in their possession for implicating the government of india in the acts complained of and so government was not made a party. if the respondents genuinely thought that the presence of the government was necessary ..... v. bombay trust corporation ltd., 63 i. a. 408.14. the affidavit of respondent 2 makes it quite clear that respondent 2 is purporting to act under the colour of statutory duty. in para. 4 of his affidavit after referring to section 8 and section 6 (3), merchant shipping act 1923, mr. bobb states that :'i submit that for the purpose of superintending and facilitating ..... the engagement and discharge of seamen i have right and authority to examine and certify the suitability of seamen for service.'mr. p. r. dutt respondent 1 in para. 3 of his affidavit adopts the reasons for medical .....Tag this Judgment!
Court : Chennai
Decided on : Jan-04-1951
Reported in : AIR1951Mad777; (1951)1MLJ258
..... indian army act. section 2, sub-section (2) says that every person subject to the act under sub-section (1) clause (a), (indian commissioned officers) shall remain so subject until duly retired, discharged, cashiered, removed, or dismissed from the service. the only meaning ..... that can be given to sub-section (2) is that after a person has become subject to the provisions of the act, he will remain so subject until he is duly discharged. it need hardly be stated that the provisions of the indian army ..... serving under such conditions as may be prescribed, a person holding a commission in the indian air force. according to section 2 (1) (a), indian commissioned officers are subject to the provisions of the act. it is, therefore, clear that even a short service commissioned officer, as soon as he takes up the commission, will become subject to the provisions of the ..... period of his contract, but his commission may be terminated at any time by the govt. of india. (i) for misconduct, or if services are found to be unsatisfactory, (ii) on account of medical unfitness, (iii) if his services are no longer requited. (b) an officer may, on giving three months' notice, be permitted to resign his commission on compassionate grounds, of .....Tag this Judgment!
Court : Chennai
Decided on : Nov-13-1951
Reported in : AIR1953Mad54; (1952)1MLJ540
..... arise only after the enquiry was held and punishment decided on; and further observed'in the opinion of their lordships no action is proposed within the meaning of sub-section until a definite conclusion has been come to on the charges and actual punishment to follow is provisionally determined on. prior to that stage the charges are unproved and the suggested punishments ..... .'in india, these rules had been applied to offices held under the government of india. mr. ilbert states the law in the following terms: (vide ilbert's government of india, 1916 edn.): 'the tenure of persons serving under the government of india or under a local government is presumably tenure during the pleasure of the crown.'this principle has been affirmed ..... age of superannuation and termination of service due to mental or physical incapacity: (a) probationary officers and officers on probation other than those in the medical department--3 months' notice; (b) officers on probation in the medical department--one nionth's notice; (c) permanent gazetted officers--6 months' notice; (d) permanent non-gazetted employees--1 month's notice; (4) in lieu of ..... of safeguarding of national security rules was not accepted he would rely on article 311(2) which re-enacts the provisions of section 240(3) of the government of india act, 1935 and contend that the safeguarding of national security rules would be void as against article 311(2). as we have held that rule 4 of the safeguarding of national security rules does .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-18-1951
Reported in : 1952CriLJ873
..... witnesses, the nature and seriousness of the sickness or infirmity, the suitability or otherwise of remand to jail custody and the availability of the necessary medical treatment and reasonable amenities have also to be borne in mind.17. in the result, while we recommend to the government that adequate facilities and ..... facilities for frequent visits by members of his family. the advocate-general has informed us that the government is very likely to constitute also a medical board in the near future to examine the accused as it has on its own motion recently got the petitioner examined by dr. waghrey. it ..... outlook of the patient is as important as his surroundings or even more.9. the advocate-general for the prosecution refers us to an earlier medical examination, the electric cardiogram and the evidence of dr. bunkat chandra showing that the heart had become normal even when the patient was in jail ..... who were bound over for appearance have also escaped to pakistan, one of them having obtained permission from the court to proceed to bombay for medical treatment and masquerading with his wife as mr. and mrs. pinto and that some of the other ministers in the laik ali cabinet had already ..... order of the special judge refusing bail. the petitioners also invoke the aid of sections 498 and 561-a criminal p.c., and section 24 of the hyderabad high court act. these petitions are disposed of by this single order.2. the charge against the accused briefly stated is as follows: the majlis ittehad- .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-24-1951
Reported in : 1953CriLJ1851
..... a free fight between rama and the deceased ibrahim, and ultimately rama delivered a kick on the back of the deceased as a result of which the deceased died. the medical report says that death was due to aspheyxia & thereafter heart failure. 11 witnesses were examined on behalf of the prosecution while 3 witnesses were produced on behalf of the accused ..... deceased said that he would not pay the money and said that he had come across several such dishonest people who do not hesitate to stoop to do such religious acts for the purpose of dishonesty. after saying this, the deceased began to attack harna bai and harna bai pushed the deceased back who fell on the stones nearby and died ..... . this is all the evidence in the case with regard to the occurrence.2. the learned sessions judge has held that the statement of p. w. 6 should not be relied upon as he has given a statement contrary to what was recorded by ..... on the neck of the deceased. besides the punchas and tile sub-inspector of police, who is the investigating officer, 3 persons have been produced as eye-witnesses. p. w. 2 is baban sab. proceedings before the police commenced when this baban sab went and informed the police. his statement recorded by the police is to the effect that about as .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-03-1951
Reported in : 1951CriLJ273
..... were engaged in organising a state-wide campaign of terrorism, class hatred, commission of a trocities on hindus in different places in the state, a definite programme of direct action containing 32 points was drawn up, orders and circulars, referring to hindus as disloyal and treacherous, suggested that they should be ..... organisation.' p. w. 1 aseer, when asked who could be a razakar, expressly said 'every muslim....'taking the entirety of the wording of the section, in particular clauses (b) and (c) we are unable to accept the contention of a-l; we are satisfied that razikar organisation was expressly meant ..... special tribunal no. iv, hyderabad for offences of criminal conspiracy, promoting class hatred, robbery, dacoity, mischief by fire, murder, grievous hurt, punishable under section 77b, 83 and sections 243; 266, 328, 330 and 368, read with sb. 66 and 77b, hyderabad penal code and for contravening rr, 37, 67 and 58, ..... the common object of driving the caste hindus out of the state by creating conditions of alarm and panic, by killing, looting and other acts of violence in pursuance of this criminal conspiracy and as a direct result thereof between december 1946 and september 1948, nearly 1,200 murders, ..... , hyderabad criminal p.c., corresponding to section 526, indian criminal p.c., but some of the applicants have also invoked the aid of articles 226 and 227 of the constitution of india.2. a pull bench of this high court has, in an earlier stage of this case, held in abdur rahim .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-22-1951
Reported in : 1953CriLJ1114
..... is, therefore, improper and is set aside. on the existence of apprehension of breach of peace the further enquiry relates only to possession under the analogous section 145(6) of the indian criminal p.c. and the magistrate having appreciated the evidence of the parties has come to the conclusion that the respondent ..... , where in the case of emergency the magistrate has directed the possession of the property should be taken over by the police or by the court, acting prima facie on the complaint or information before him, and when later he finds that there was no likelihood of breach of peace, he has got ..... of criminal nature. the respondent had filed two complaints before the police. the police took action against the r% vision petitioner (1) for theft and (2) for trespass in respect of other items of property of the respondent. in both the cases, the revision-petitioner was acquitted in appeal in the sessions court ..... to make restitution of possession to the person from whom possession was taken by the police or by the court.2. on the merits mr. apparao for the revision-petitioner contends that for ascertaining whether there was likelihood of breach of peace the magistrate had called for ..... ordersuryanarayana rao, j.1. this is a revision application in proceedings under section 148 of the hyderabad criminal p. c. corresponding to section 145 of the indian code. the first party who had complained in the lower court that there was apprehension of breach of .....Tag this Judgment!