Court : Orissa
Decided on : Apr-04-1986
Reported in : 61(1986)CLT649; 1986(I)OLR536
..... observation are necessary. that is why i have noted in my report that further constant observation for his behavioural disorder was necessary to come to a definite finding as to the real psychotic condition of the patient.'p. w. 10 is not able to say without collecting the family and personal history of ..... of unsound mind, the question is as to whether he has established that the unsoundness of mind was of such a degree and nature to satisfy one of the tests laid down in section 84. in all cases where legal insanity is set up as a defence, it is very material to consider the ..... could be no doubt from the evidence that the appellant was insane at the time of the commission of the case and therefore, his acts would be excepted under section 84 of the code, it has been contended on behalf of the state that the evidence would not warrant a conclusion that at the ..... make a man irresponsible, must reach that degree which is described in the latter part of the exception contained in section 84 it is not every person suffering from mental disease who can avoid responsibility for a crime by invoking the plea of insanity. there is a distinction between 'medical insanity' and 'legal insanity' and the ..... of the two deceased persons. this finding is well-founded and cannot be assailed.2. at the trial, a plea of insanity was raised and it was contended that the acts of the appellant would come within the purview of section 84 of the code but this plea was negatived by the learned trial judge .....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 : Karnataka
Decided on : Feb-10-1986
Reported in : ILR1986KAR3181
..... ved praksh gupta -v.- delton cable india (p) ltd, : (1984)illj546sc and in the light of the amendment to section 2(s) of the i.d. act (for short the act) raising the upper limit of salaries drawn by supervisors to rs. 1600/- so as to enable them to qualify themselves for the ..... control nor a subordinate of the petitioner. the doctor is an independent person and be is answerable for bis actions only to the indian medical council and not to the management or to the security department of the management. the petitioner in the position of security superintendent will not ..... ; that the was not aware that the records and registers maintained by any nursing home are open to scrutiny and verification by authorities like indian medical council and tax authorities etc; that he did not find any stamps, seal, endorsement or notings of the above said authorities in the register ..... the very persons who committed fraud on the management appeared as management witnesses and they narrated in detail how they obtained bogus certificates from the medical practitioners who had issued such certificates and how they withdrew the amounts by producing these certificates and other incidental facts leading to the exoneration of ..... as an act of fraud or an act which will impeach either the credibility of the petitioner or his honesty or his faithfulness in the discharge of his duties. the degree of care that has to be bestowed on a certain work varies from person to person and unless there are definite guidelines .....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 : Supreme Court of India
Decided on : Apr-24-1986
Reported in : AIR1986SC1490; 1986(1)SCALE895; (1986)2SCC667; 2SCR749
..... private organisations to establish colleges of higher education which could seek affiliations to the universities in whose jurisdiction they were established. such colleges could offer courses leading to university degrees only if they were affiliated to a university. prof. adams then wrote to the government of india claiming that there was no legal impediment to the grant of permission ..... themselves as they sought and obtained admission in the college despite the warnings issued by the university from time to time. we are happy to note that the university acted watchfully and wake-fully, issuing timely warnings to those seeking admission to the institution. we are sure many must have taken heed of the warnings issued by the university ..... to the government of india, ministry of education and culture wrote to the president, national congress of indian christians to the effect that universities could only be established under acts of parliament or of state legislatures and there was, therefore, no question of giving permission to any organisation to establish a university. however, it was pointed out that ..... fulfilment of the conditions prescribed for affiliation and to submit an application in the prescribed form. the conditions of affiliation of a medical college were mentioned as :1. these should be full fledged hospital with at least (700) beds.2. there should be a regular out-patient deptt. casualty dematology well equipped labs., lecture halls, demonstration rooms for students.3. .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-11-1986
Reported in : 1986(2)BomCR451
..... 373 read with s. 34, i.p.c. he also ordered that a separate case should be put up against the accused nos. 1 and 2 for the offences under sections 5 and 6 of the act.5. feeling aggrieved by the order passed by the learned metropolitan magistrate, the state has preferred this revision application.6. the learned public prosecutor submits that ..... the girl was 18-19. the learned public prosecutor has placed on record the copies of the documents filed along with the charge-sheet. these documents contain copies of medical certificates. the medical certificate in respect of saroja records her age at 18-19 years and the certificate in respect of banu records her age at 16-17. the evidence regarding the ..... age recorded in the medical certificates is on the basis of the ossification test. it is at the stage of the trial on considering the overall evidence that the trial metropolitan magistrate will have to ..... . the learned metropolitan magistrate travelled beyond his powers under s. 209, cr.p.c. in probing into the final aspects of the case and merely on the basis of the medical certificate in respect of one of the girls, observing in his order that the prosecution had no evidence to show that the girls were within the age of 18 years .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-30-1986
Reported in : I(1987)ACC224
..... under the circumstances, this court would not be able to help the appellant while exercising its powers under section 30 of the act. even otherwise, the claim does not appear to be justified. discharge ticket from the medical college (ex. p 1) relates to one munnalal of aged about thirty years. no one unfortunately ..... he was also not entitled to any compensation. that is how the claim was dismissed and the matter is before this court.3. section 30 of the workmen's compensation act permits this court to entertain and decide an appeal only if it gives rise to a substantial question of law and not otherwise. ..... times by different persons, there appears to be no justification for holding that it was accidental omission. nothing prevented the appellant from examining someone from medical college, who could depose that the certificate related to munnalal, son of chhotelal. munnalal, son of chhotelal gave his evidence on 22-4 1981 ..... his truck no. mpj 9695 and suffered an accidental injury on 28-1-1980 as a result of which he get his cervical spine injured. he claims to have been admitted at the medical college, ..... g.c. gupta, j.1. this is an appeal under section 30 of workmen's compensation act challenging order dated 30-11-1981 passed by the commissioner for workmen's compensation, jabalpur in case no. 40 of 1980.2. appellant munnalal, son of rooplal claimed to be an employee of respondent no. 1 in .....Tag this Judgment!
Court : Orissa
Decided on : Apr-07-1986
Reported in : 1986(II)OLR19
..... according to which compensation should be assessed.the learned counsel appearing for respondent while mentioning,lthe points mentioned above urged that the appeal itself is barred by limitation under section 30(2) of the act as it was presented beyond 60 days. *further, as the memorandum of appeal was not accompanied by a certificate of the commissioner to the effect that the appellant ..... condonation of limitation. as a matter of fact, in the realm of law, there is nothing like an order amounting to implied condonation of limitation law insists and section 5 of the limitation act mandates that an appeal birred by limitation may be admitted if the. appellant satisfies the court that he had sufficient cause for not preferring the appeal within the ..... :'the question, therefore is whether the word 'loss' in entry no. 26 rneals a compnete or total loss of vision or it refers to a case of vision decreasing in degree. the note appended to the 1st schedule is material for the resolution of this controversy. the note says 'complete and permanent loss of the use of any limb or member ..... eyeball, the other being normal, the percentage of loss of earning capacity is 30. according to the evidence of dr. s. p. pattnaik, assistant professor of ophthalmology, s. c. b. medical college hospital, cuttack, despite treatment of the respondent in sarojini eye hospital, hyderabad, the foreign body of metallic origin could not be removed from the right eye. the respondent's .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-08-1986
Reported in : (1987)ILLJ175Cal
..... to annexure 'b' to the affidavit-in-reply dated april 3, 1984, at page 23. the said annexure relates to the appointment of certain allopathic medical officers by the state on ad-hoc basis (vide paragraphs 3 and 7 of the annexure). it show's that the said officers we given a ..... controverted this stand of the respondents on different grounds.11. his first contention was that it was discriminatory since it is not only other ad-hoc medical officers who have been given regular scales; such scales have also been given to employees much inferior in rank and status.12. the second contention of ..... a well-settled principle and is implicit in article 14 of the constitution. and since the petitioners are rendering service of identical value as the regularised homoeopathic medical officers, who have been given a scale of pay, at least the said scale cannot be denied to the petitioners.6. mr. mukherjee, the learned ..... on fixed emoluments.7. coming now to the rival contentions of the parties, it is not disputed that the petitioners nos. 2 to 14 who are qualified homoeopaths, joined as homoeopathic medical officers in the department of health and family welfare, government of west bengal on ad-hoc basis as far back in ..... drivers belonged to different departments and that the principle of 'equal pay for equal work' is not a principle which the courts may recognize and act upon, the supreme court held that there was no reason for giving the drivers of the delhi police force a lower scale of pay than others .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-04-1986
Reported in : AIR1987SC212; [1987(54)FLR30]; 1987LabIC213; 1986(2)SCALE941; (1987)1SCC172; 1988(2)SLJ114(SC); 1987(1)LC167(SC)
..... officer may be terminated at any time by the government of india-(i) for misconduct, or if services are found to be unsatisfactory; or(ii) on account of medical unfitness; or(iii) if his services are no longer required; or(iv) if he fails to qualify at any prescribed test or course.(b ..... of the army staff in relation to the appellant. the subject mentioned in both these annexures is 'claim to disability pension in respect of capt. section 4s. dhaliwal.' annexure d-6 reads as follows:in supersession of this ministry's letter no. 219170/r-6i/pen. a dated 24.1.78 ..... had applied for grant of permanent regular commission, but his application was returned to his unit as he did not fulfil the condition of acceptable medical category and hence was ineligible to apply for grant of permanent commission. he filed statutory appeals before the higher authorities which were all dismissed.6. ..... since there is this factual dispute between the parties, we will try to resolve it with reference to the facts of this case.8. the army act, the rules & regulations and instructions thereunder govern the service conditions of the commissioned officers including those on emergency commission, like the appellant before us. termination ..... v. khalid, j.1. the appellant joined the indian army on 9-2-1964, as an emergency commissioned officer. during his service, he was promoted to the rank of acting captain. he was released from the army with effect from many 30, 1970, as letter dated february 19,1970. the appellant .....Tag this Judgment!