Court : Andhra Pradesh
Decided on : Feb-03-1983
Reported in : (1983)IILLJ406AP
..... that the ceasing of the lien, which results in termination of services, would not constitute retrenchment within the meaning of s. 2(oo) of the industrial disputes act and, therefore the provisions of section 25-f of the industrial disputes act need not be complied with. 7. we will take up the first contention urged on behalf of the petitioner-appellant that the ..... and 14th of august, 1980 and left for sircilla. he reported for duty on 22nd october, 1980. the petitioner alleged that he had fallen sick at sircilla and underwent medical treatment of pneumonia and that he was under the treatment till 21st october, 1980 and discharged on 22nd october, 1980 on which date he reported to the mechanical foreman at ..... with regard to his sickness and that, in the instant case, the petitioner did not produce the medical certificate from the competent medical officer of the corporation and that, under regulation 17(2), the petitioner's lien ceased and, therefore, his services were terminated. our learned brother, jayachandra reddy, j., held that regulation 17 of the leave regulations applies to both ..... cases of absence without leave and also overstayal of leave and, therefore, the provisions of regulation 17(2) were applicable .....Tag this Judgment!
Court : Orissa
Decided on : Aug-11-1983
Reported in : 56(1983)CLT349; 1984CriLJ123
..... 7. before we close, we would like to observe that in a case of homicidal death the duty of the prosecutor is to bring in the evidence of the medical officer who had conducted the postmortem examination as to whether or not the injuries on the person of the deceased were anternortem in nature and sufficient in the ordinary ..... , the appellant, being armed with bow and arrows, came and shot two arrows at the deceased one of which hit and killed him. as could be seen from the medical evidence, the injury was sufficient in the ordinary course of nature to cause death although the doctor (p.w. 8) had not in terms, said so. the appellant ..... on chemical examination, blood had been detected in m.o. i although its origin could not be determined. the evidence of p.w. 1 had found support in the medical evidence, as rightly noticed by the learned sessions judge. p.w. 1 had not intervened when the occurrence had taken place nor was there any evidence that he had ..... autopsy, that the death of the deceased was homicidal in nature and this finding of the learned sessions judge has not been assailed. the evidence of p.w. 2 was that there had been a quarrel between the appellant and the deceased in the evening and the appellant had admitted this in his statement. the evidence of p. ..... b.k. behera, j.1. the appellant stands convicted under section 302. of the penal code and sentenced thereunder to undergo imprisonment for life by the judgment and order passed by the court of session after accepting the case .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-25-1983
Reported in : (1983)IILLJ57AP
..... and 5th october, 1982.registered office,kothagudem collieries - 507101.bhadrachalam road station,s.c. rly.ref. no. c/2027,dr. v. raghu ram,medical officer,area hospital,bellampalli.through e.d. bpa it is regretted that your service are no longer required by the company. your services stand terminated on ..... way of punishment and so within the purview of art. 311(2) of the constitution'. 12. even on the construction of the order of appointment which provides for premature termination which provides for premature termination before ..... he has been guilty of some misconduct, negligence, inefficiency or other disqualifications and appropriate proceedings are taken under the rules read with art. 311(2) of the constitution. the premature termination of the service of the servant so appointed will prima facie be a dismissal or removal from service by ..... and from 8th october, 1982.2. you will be relived of your post on 8th october, 1982 by paying you three months salary in lieu of notice, as required under ..... the writ petition is filed to quash the orders of termination issued by the respondent company on 4th october, 1982. 2. the petitioner was selected and appointed by the respondent as medical officer on 18th september, 1980. as per the said order of appointment, the petitioner will be on probation for a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-07-1983
Reported in : (1983)IILLJ396AP
..... government as the central government in respect of establishments under the control of the central government and in all other cases the state government. section 2(9) of the act regarding the inclusive definition of the employee is as follows : (i) ............(ii) ............(iii) ............ and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part ..... talkies case (supra) and in view of the wide definition of the employee jagannatha rao, j., observed as follows : 'a reading of these regulations would clearly suggest that the act is intended to confer various benefits on employees in the factories or establishments in respect of medical care and other claims mention in the act and in the regulations. it is but appropriate that ..... regional office at madras merely because the factory or head office is located at madras, it will dead to a denial of immediate medical relief and may practically amount to frustration of the very purpose of the act. the act and the regulations contemplate the though there is a single corporation it would divide itself into various regional offices so that the benefits .....Tag this Judgment!
Court : Orissa
Decided on : Sep-29-1983
Reported in : 1984CriLJ124
..... plea highly probable.15. we find that the appellant caused the death of his wife and inflicted injuries on his own person. but his acts were saved by section 84. i.p.c. from constituting an offence.16. in the result, the appeal is allowed and the appellant is acquitted of the offences ..... several marks of injuries on his person. he also found a knife sticking to an injury on the head of the appellant. he sent the appellant for medical examination, despatched the dead body of the wife of the appellant for post-mortem examination, and seized the bloodstained articles from the room where the dead body ..... one penetrating wound over the head measuring 1' x 1/4' x l' piercing the skull partially for a depth of 1/8' of an inch.(2) multiple incised wounds over the scalp and right ear.(3) one incised wound over the root of the penis partially cutting the penis on the dorsal aspect.9 ..... of the appellant were crying and that something unusual had happened in his house. the cry raised by purandar attracted the attention of p.ws. 1 and 2. the neighbours of the appellant. they came near the house of the appellant and found that the entrance door of the house was bolted from inside. ..... both the offences and sentenced to undergo imprisonment for life for the offence under section 302. i.p.c. and simple imprisonment for six months for the offence under section 309. i.p.c. both the sentences were directed to run concurrently.2. prosecution case may be briefly stated as follows:on the night of 7th january .....Tag this Judgment!
Court : Orissa
Decided on : Aug-24-1983
Reported in : 56(1983)CLT427; 1984CriLJ397
..... that he had concealed the 'tangi' and further that he led the investigating officer as well as the witnesses and gave recovery of the 'tangi' will be admissible under section 27, evidence act. this 'tangi' on being sent for sero-logical examination was found to be stained with blood, as would appear from the reports (exts. 13 and 13/1). the learned ..... and state of maharashtra v. an-nappa bandu kavtage : 1979crilj1089 . where the links have been satisfactorily established and the circumstances point to the accused as the probable assailant with reasonable definiteness and proximity to the deceased as regards time and situation and he offers no explanation, which, if accepted, though not proved, would afford a reasonable basis for a conclusion on ..... blow with a 'farsa', like m.o.l this statement was made after examining m.o.i. on being sent by the investigating officer. the medical evidence, therefore, corroborates the prosecution case.13. in his statement under section 313, criminal p. c, when all these incriminating materials were put to the accused, 1984 cri. l. j./26 iii the accused merely denied ..... 'farsa' in his hand and the accused running away from the place seeing pws 1 and .2;(iv) leading to recovery of m.o.i, by the accused while in custody and m.o.i, was found to be stained with blood; and(v) medical evidence to the effect that the injury on the deceased could have been caused by one blow .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-1983
Reported in : 1983(1)BomCR606
..... those modes for the purpose of presumption and shifting of burden under s. 71(3).19. really, therefore, the harmonious reading of the substantive section provisions of presumption and burden would lead to unerring deduction that once the possession simpliciter is established or the person concerned has been found in ..... the aim being an interest of economic development of the country. this is the analysis of the preamble and which is self-contained unit.12. section 8(1) relates to the restriction on dealing in foreign exchange and reads as :-'except with the previous general or special permission of the reserve ..... modes incorporated in substantive provision, most of which can be established by the prosecution dehors of this presumption, since those are about the positive overt acts such as lending, borrowing, purchasing or transferring or exchanging, the legislature is aware that there may be in the field several other contingencies in which ..... is no doubt a happy event in one's life and so it was with the first respondent herein, who is a medical practitioner and who has settled down in united states holding a green card. he came to india for celebrating his own marriage and ..... support of his contention that the concept of acquiring and possession simpliciter are synonymous. the said sub-cl. (2) runs :-'where any person is prosecuted or proceeded against for contravening the provisions of sub-section (3) of s. 8, the burden of proving that the foreign exchange acquired by such person has .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-10-1983
Reported in : (1984)39CTR(AP)210; 148ITR546(AP)
..... with the case of ciba of india ltd., an indian subsidiary of ciba ltd. basle a swiss company engaged in the development, manufacture and sale of medical and pharmaceutical preparations, which had entered into an agreement with the principal swiss co., for a specific period for use of processes, formulae, scientific data, ..... revenue expenditure deductible under s. 10(2)(xv) of the i. t. act, we find that (no asset of an endurable nature has been acquired by the assessee.) eid parry which has been engaged in ..... the transitional stage before taking to the manufacture of the electronic equipment and hence the expenditure was allowable under s. 37 of the i. t. act. if we examine the terms of the present agreement under which the assessee has paid rs. 6,35,400 and which it claimed to be ..... advantage, and hence the payment of this sum can only be treated as capital expenditure. 5. on appeal, the appellate tribunal by its order, dated august 2, 1976, observed : 'we are inclined to uphold the view of the appellate assistant commissioner that the expenditure incurred by virtue of the agreement, dated april ..... at secunderabad in andhra pradesh, whose main object is manufacture of fertilizers in india. edi parry ltd., a company incorporated under the english companies act and having its registered office in london, is one of the largest manufacturers and distributors of fertilizers of various types in india for the last .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-18-1983
Reported in : 1983CriLJ1948
..... herein discussed, it would appear that the accused inflicted an injury which he knew to be likely to cause death and the case would accordingly fall under section 304 part ii penal code.' in shankar v. state of m.p. air 1979 sc 1523 : (1979 cri lj 1135), the supreme court was dealing with a ..... their meals, the accused gave a stab with a dagger on the neck of the deceased. the supreme court felt that the those circumstances, the offence under section 304 part-ii i.p.c. was made out. in kunchapu krikala chinna rosanna v. state of a.p. crl. a. 617/81 29-7-82 the accused ..... out a knife from his waist and gave a single stab on the left side of the chest. sivaiah suffered a bleeding injury and slumped down. the medical evidence has disclosed that there was a transverse penetrating wound on the left chest entering the thoracic cavity and arterial blood was coming out form the wound. ..... state of bihar, : 1972crilj587 is a case where there was a premeditated and not an accidental attack and the supreme court therefore held that the offence fell under section 302 i.p.c. narayanan v. state of kerala, : 1977crilj1946 was again a case of pre-meditated attack and cannot be pressed into service by the ..... the assault. there was no prior enmity. the supreme court held :- 'it was something like hit and run. in such a case, part 3 of section 300 would not be attracted because it cannot be said that the accused intended to inflict that particular injury which was ultimately found to have been inflicted. in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-17-1983
Reported in : (1984)38CTR(AP)1; 144ITR146(AP)
..... directly or indirectly, through or from any 'business connection' in india or other-wise through an agent, the poona company, in view of section 9(1)(i) of the income-tax act, 1961, and, if so, what is the effect of the first part of art. iii of the agreement on such income? (3 ..... his exercise to the direct control or supervision of the principal.' 68. further in pritchett & gold and electrical power storage co. ltd. v. currie  2 ch d 515 and mohamed shafi v. fazal din air 1930 lah 1062 it was held that the relationship between a contractor and his sub-contractor is ..... in appeal before the aac. the assessment years involved were 1968-69 to 1974-75. in the appeal it was argued that s. 195(2) of the act did not apply as the property in the money and goods passed in germany. it was alternatively contended that the entire amount should not be ..... for or on behalf of the enterprise, unless the activities of the person are limited exclusively to the purchase of goods or merchandise for the enterprise, or 2. he habitually maintains, in the first mentioned territory a stock of goods or merchandise...... 3. he habitually secures orders in the first mentioned territory, ....' ..... may be briefly noticed. the german company, (i) undertook to supply and deliver to the port trust one bucket wheel reclaimer as per drawing, and(ii) to delegate one engineer-erector for supervising the total erection and one special fitter for installation of electrical equipment. it is not in dispute that the engineer .....Tag this Judgment!