Court : Delhi
Decided on : Nov-04-1969
Reported in : ILR1969Delhi1024
..... the deceased at that stage was in a croushing position presumably to intervene and separate the two. it cannot, thereforee, be said with any definiteness that the appellant aimed the blow at this particular part of the thigh knowing that it would cut the artery. it may be observed that ..... intention of the appellant to inflict this particular injury on this particular place. it is, thereforee, nto possible to apply clause 3 of section 300 to the act of the deceased.' (20) sikri j. referred to virsa singh and rajwant singh', the relevant principle of law enunciated in those two ..... surrendered at the residence of superintendent of police, south district. the appellant sita ram was absconding. pw28, thereforee, applied for taking action under sections 87/88 of the code of criminal procedure. sita ram was declared a proclaimed offender and his properties were attached in pursuance of a warrant issued ..... of evidence, or reasonable explanationn, that the prisoner did nto intend to stab in the stomach with a degree offorce sufficient to penetrate far into the body, or to indicate that his act was a regrettable accident and that he intended otherwise, it would be perverse to conclude that he did ..... rest is a matter for objective determination from the medical and other evidence about the nature and seriousness of the injury.' (17) in anda and others v. the state of rajasthan(2) hidayatullah j. (as his lordhsip then was) while discussing sections 299 and 300 of the indian penal code observed .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1888)ILR10All535
..... ; for the imbecility must be such as would justify a jury, under a commission of lunacy, in putting his property and person under the protection of the chancellor. but a degree of weakness of intellect, far below that which would justify such a proceeding, coupled with other circumstances, to show that the weakness, such as it was, had been taken advantage ..... civil law and some reported cases, that medical attendants were, upon questions of this kind, within that class of persons whose acts, when dealing with their patients, ought to be watched with great jealousy. ' undoubtedly ' observed lord cottenham, 'they are; but i will not narrow ..... on this head i may conveniently refer to a passage from the notes to huguenin v. baseley, 2 white and tudor's l. c., 4th ed., p. 592: ' in dent v. bennett, 4 my. and cr. 262, where a gift obtained by a medical attendant from his patient was set aside by lord cottenham, it was argued upon the authority of the ..... . baseley, 2 wh. and t. l. c., 592, and to the doctrine promulgated in story's equity jurisprudence, to which i have referred. it has not been denied, and, indeed mr. ross would not have contended for so unsustainable a proposition, that assuming there was a relationship such as that which is contemplated in clause (1), section 16 of the contract act, or .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-11-1969
Reported in : AIR1969Guj349; (1969)GLR769
..... ,and to co-ordinate the rights of the citizens with the necessity of maintaining law and order and avoid fifth-column activities in the country. section 2(c) defines 'arms' to mean articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp-edged and ..... by respondent no. 1, informing him that on inquiry it was found that the petitioner was practising medicine without a certificate for carrying on medical profession and that he was giving threats to kill his landlord because of disputes with him and that it was learnt that in 1948 there was ..... original show cause notice mentioned the grounds that the petitioner was carrying on a medical profession without a proper certificate. this ground was completely given up when the petitioner came out with a plea that he possessed a proper degree certificate. the other ground as regards the dacoity case against him in 1948 ..... was a chapter case against the petitioner, the said licence ' was suspended under section 17(3) of the act till those cases were decided. the petitioner appealed to the state government on july 31, 1968. the respondent no. 2, the state, has dismissed the appeal as it found no reasons to change ..... act, 1959, hereinafter referred to as 'the act', as he was not a fit person for the above reason to hold a revolver. the petitioner submitted his explanation, dated june 24, 1968, pointing out that he was a m. e. b. s. of the punjab homeopathy university and he had obtained a degree .....Tag this Judgment!
Court : Chennai
Decided on : Nov-03-1969
Reported in : AIR1970Mad237
..... period of weeks, months, or even years can render a person unfit for employment, but given a little consideration, mild cases are employable. severe cases may have suicidal tendencies."this definition of the disease does not enable us by itself to conclude that the defendant was suffering from impotency. but the other facts seem to tend towards that effect. what happened ..... of her evidence shows that there was nothing so serious with her mental faculties as to regard them as bordering on idiocy. lunacy is a large term and includes several degrees of the mind. we are very doubtful whether, having regard to the defendant's mental capacity, as we have mentioned above, she can be rightly termed as a lunatic. no ..... she was discharged from service with effect from 28-6-1958, as she was suffering from manic depressive psychosis. the proceedings of discharge from service were issued by the district medical officer, rama-nathapuram. the record does show that after the marriage the defendant left her husband and never returned to him thereafter. the plaint was preceded by a notice issued ..... 1. this matter comes before us on a reference under section 20 of the indian divorce act. the district judge of tirunelveli has declared the marriage between the plaintiff and the defendant as null and void and granted a decree of divorce subject to confirmation by this court.2. the plaintiff and the defendant were married on 5-6-1958 in st. michael's .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-14-1969
Reported in : AIR1970SC1906; (1971)73BOMLR131; [1969(19)FLR281]; 1970LabIC1413; (1970)ILLJ16SC; (1969)2SCC607; 1SCR869
..... arises in this appeal is whether the accident arose is the course of employment and whether it arose out of employment within the meaning of section 3 of the, act which states:(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer ..... might have happened, said:the other alternatives were suicide or murder. if you weigh the probabilities one way or the other, the probabilities are definitely greater that this man perished through an accident arising out of and in the course of his employment.9. in catton v. limerick steamship co. (1910 ..... o., in lancaster v. blackwell colliery company, ltd. 1918 w.c. rep.345 observed:if the facts which are proved give rise to conflicting inferences of equal degrees; of probability so that the choice between them is a mere matter of conjecture, then of course, the applicant falls to prove his case, because it is ..... an inference from the proved facts so long as it is a legitimate inference. it is of course impossible to lay down any role as to the degree of proof which is sufficient to justify an inference being drawn, but the evidence mast be such as would induce a reasonable man to draw it. lord ..... of the indian act is identical with section 1 of the english workmen's compensation act of 1925.13. what are the facts found in the present case? shaikh hassan ibrahim was employed as a deck-hand, a seaman of category ii on the ship. the medical log-book of the ship showed that on 13 december 1961 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-16-1969
Reported in : AIR1970SC2075; (1970)3SCC786
..... sentenced to rigorous imprisonment for four years each. loka rai and rajeshwar rai were also convicted under section 326 read with section 149, ipc, but no separate sentence was passed on this count. the medical evidence showed the following injuries on the person of sheopujan pathak (pw 6).1. chopping off ..... be either sudden or grave for the purpose of serving in the eye of law a strong mitigating circumstance. the cowardly act for inflicting the grave injury, as the medical evidence shows, is, in our opinion, inexecusable, though permanent disfigurement of naumi rai's face which could not be concealed ..... pen knife. the learned magistrate sentenced him to two years' rigorous imprisonment which was the maximum sentence he could impose. the person convicted under section 326 of the ipc, could then be sentenced to transportation for life or imprisonment for ten years. the government applied for enhancement of sentence. ..... cut off his nose and three fingers of his left hand. the offence committed is no doubt brutal and dastardly. it was a cowardly act and smacks of medieval barbarism. the question, however, arises if imprisonment for life is appropriate sentence for the two accused who cut off the ..... 3 fingers of the left handthe middle, ring and the index. the fingers were completely severed.2. chopped off .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-29-1969
Reported in : AIR1970SC158; (1970)ILLJ367SC; (1969)2SCC240; 1SCR472
..... and giving him an opportunity of being heard was in contravention of the principles of natural justice and was liable to be quashed. section 191 of the municipal corporations act, 1882 provided that the watch committee might at any time suspend and dismiss any borough constable whom they thought negligent in the discharge ..... her. the court held that its order was invalid and was liable to be quashed. the appellant as the holder of an office in the medical service had the right to continue in service. according to the rules made under article 309 she could not be removed from the office before super ..... and ors. : (1967)iillj266sc . and ridge v. baldwin  a.c.40 in binapani's case the appellant was an assistant surgeon in the orissa medical service. the state government accepted the date of birth given by her on joining the service. later the government refixed the date of her birth on ex parte ..... could be so terminated.7. it was argued that the impugned order was invalid as it was passed without consulting the state public service commission under article 320(2)(c) of the constitution. there is no merit in this contention. the case of state of u.p. v. m.l. srivastava : (1958) ..... under which such allowances are admissible.(b) the periods of such notice shall be one month unless otherwise agreed between the government and the government servant.2. on march 25, 1964 an order was issued by and in the name of the governor terminating the appellant's services. the order stated :-the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-02-1969
Reported in : AIR1970SC426; [1969(19)FLR32]; 1970LabIC512; (1969)IILLJ554SC; (1969)2SCC1; 1SCR181
..... the wages. the labour court also held that the car allowance and the free telephone and newspapers were an allowance and an amenity respectively falling under the definition of section 2(rr) of the industrial disputes act, 1947, both forming the component parts of monthly wages payable to the respondent. as regards the leave, the respondent was undoubtedly entitled to 30 days leave ..... conflict as contended, we do not have to resolve that conflict for the purposes of the problem before us. the definition section 2 of the present act commences with the words 'in this act unless the context otherwise requires' and provides that the definitions of the various expressions will be those that are given there. similar qualifying expressions are also to be found in ..... incur for discharging his duties as the special correspondent, or that it was anything else than an allowance within the meaning of section 2(rr) of that act. it would, therefore, fall under the inclusive part (i) of the definition. likewise, the benefit of the telephone and newspapers was allowed to the respondent not merely for the use thereof in connection with ..... done in such employment, and includes (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or other articles; (iii) any travelling concession; but .....Tag this Judgment!
Court : Chennai
Decided on : Sep-23-1969
Reported in : AIR1970Mad471; (1970)2MLJ365
..... grandson to take the gift but because of the rule in the tagore case. (1872) 9 beng lr 377 (pc). consequently, it is section 130 of the succession act applied and on intestacy consequent upon the failure of the gift in favour of the grandson, the grandson will take the property as the heir- ..... of construction which have a bearing upon the interpretation of the present will are those contained in section 129 and section 130 of the succession act . it seems to us that section 129 applies to a substitutional gift. the section says:--"where there is a bequest to one person and a bequest of the same thing to ..... , but in the event of her dying issueless or leaving no adoption, all my properties shall be handed over to the government of madras for medical relief to suffering humanity especially children's diseases".the respondent prayed for a construction of the will and for a declaration that the provision in favour ..... of kalyani. the supreme court in that case on a construction of the will was of opinion that there was a substitutional gift attracting the principle of section 129. the decision turned upon the particular language of the will.5. in our view, therefore, ramamurti, j., was right in his conclusion. but ..... favour of the respondent, and that, as a result, she was the full and absolute owner of the properties set" out in the plaint schedule.2. the point at issue in the ultimate analysis is whether in view of the fact that kalyani predeceased her mother leaving no issue, there was an .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-31-1969
..... were intended to be granted, and the title to which should be established. it must be remembered in this connection that, by section 7 of the act creating the court of private land claims, it is provided "that all proceedings subsequent to the filing of said petition shall be ..... , the commissary general executed title papers, thereby ratifying the sale made by the intendant four years before. we have heretofore quoted articles 1 and 2 of the act of september 21, 1824, creating such office. we now quote articles 3, 4 and 5: "art. 3. these commissaries shall be, ..... concerns the federation, the officers of general and local depositories, and all revenue employees that have been retained by the federation, are discontinued." "art. 2. from the intendants and other discontinued officers the government shall appoint, in each state where it appears necessary, a commissary general for the different branches of ..... the disposition of such lands by the "provincial deputation," as it was called. turning to the constitution, we find the following provisions in chapter 2, article 324: "the political government of the provinces shall reside in the superior chief appointed by the king in each one of them." page ..... were reestablished. indeed, on december 28, 1814, the king issued a royal cedula or edict, the ninth article of which is as follows (2 white's new recopilacion, p. 168): "the governor intendants shall resume all the powers appertaining to them before the promulgation of the constitution, so .....Tag this Judgment!