Court : Madhya Pradesh
Decided on : Nov-27-1986
Reported in : II(1987)ACC131
..... s c. 1331 it has been held that when sub-section (6) of section 96 of the act talks of avoiding liability in the manner provided by sub-section (2) it necessarily refers to the defences under sub-section (2) and it cannot be said that in enacting sub-section (2) the legislature was contemplating only those defences which were based ..... that in the instant case the owner and the driver of the truck having not contested the claim, the insurer, as provided under section 110-c(2-a) of the act, had a right to contest the claim on all or any of the grounds available to the insured and his driver.13. on ..... accident had occurred due to the negligence of the truck driver and awarded compensation in the sum of rs. 10,750/- inclusive of loss of pay and medical expenses. interest @ 6% p.a. has been awarded from the date of award.7. aggrieved by the award the claimant and the insurer both have ..... appeal no. 226 of 1984 (oriental fired: general insurance co. v. ambahl and ors.) which is by the insurer.2. this appeal under section 110-d of the motor vehicles act, 1939 (for short 'the act') is directed against the award dated 29-3-1984 made by the member, 1st additional motor accidents claims tribunal, indore ..... view the gravity of the injury, loss of enjoyment and degree of deprivation.22. the contention of the learned counsel for the appellant ambalal is that in the instant case according to the medical evidence, the shortning of leg is by 1/1-2 inch and the permanent disability is 17%. it has further .....Tag this Judgment!
Court : Kerala
Decided on : Dec-09-1986
Reported in : (1994)IIILLJ65Ker
..... if drinking the water was the cause of his death, the cause and the effect arose out of and in the course of his employment. the medical and other evidence clearly show that death was caused by gastro enteritis which itself was caused on account of the water which the deceased had drunk a few ..... was not the immediate or direct or proximate cause of his death; yet by the very nature of his employment, the deceased was exposed in a special degree to suffer the consequences of that flowed from the perils of the sea such as storm and such consequences were, as lord atkin puts it, 'sufficiently associated ..... dispute. the commissioner at the end of the enquiry founds that the railway was liable in terms of section 3 of the workmen's compensation act, 1923 and awarded the aforesaid sum of rs. 19,200/-as compensation.2. counsel for the railway submits that there was no causal connection between the drinking of the water and ..... with his employment' so make the employer liable under the act.'see also the decision of the full bench of this court in m.f.a. no. 517 of 1981 (1986 klt.1329).4. it cannot be ..... contract of service, the accident necessarily arises out of and in the course of the employment. it is immaterial if the event itself was caused by an act of god like storm, lightning or earth-quake. what directly caused the death of the workman in the present case was the capsizing of the boat in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-22-1986
..... interest in the outcome." in re murchison, 349 u. s. 133 , 349 u. s. 136 (1955). he went on to acknowledge that what degree or kind of interest is sufficient to disqualify a judge from sitting "cannot be defined with precision." ibid. nonetheless, a reasonable formulation of the issue is ..... the mobile infirmary hospital, where she remained for 23 days for a battery of tests. after her discharge, the hospital forwarded the appropriate forms and medical records along with a bill for $3,028.25 to appellant's local office in mobile, alabama. the local office refused to pay the entire ..... 5 to 4, in a per curiam opinion written by justice embry. appellant then filed an application for rehearing, and, before the application was acted on, learned that, while the case was pending before the alabama supreme court, justice embry had filed two actions in an alabama court against insurance ..... we postponed consideration of the question of jurisdiction pending argument on the merits. 471 u.s. 1134 (1985). we now vacate and remand. ii we are satisfied as to the court's jurisdiction over the question of whether justice embry's participation violated appellant's fourteenth amendment due process rights. ..... appellant raised this issue as soon as it discovered the facts relating to justice embry's personal lawsuits. pp. 475 u. s. 819 -820. 2. appellant's allegations, on a general basis, of justice embry's bias and prejudice against insurance companies that were dilatory in paying claims, were insufficient .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-08-1986
Reported in : 1987CriLJ1289
..... state of mind. the expression 'incapable of knowing the nature of the act' will include the incapacity to know the consequences of the act. what may be termed legal insanity under section 84 of the penal code, is not identical with medical insanity. a distinction must be made between insanity affecting the cognitive faculties of ..... such as rests upon a plaintiff or defendant who is required to prove an issue in a civil proceeding.8. therefore, all that section 105 of the evidence act means is that it is the duty of the accused to introduce such evidence as will displace the presumption of the absence of circumstances ..... accused bearing the burden of bringing the case within the statutory exception the prosecution is not absolved from the burden laid on it under section 102 of the evidence act.9. keeping the herein above noted settled principles in mind, on examination it is found that the defence has brought out certain facts ..... no knowledge about the facts asked. he also examined, to prove the factum of insanity, imrat singh solanki (d.w.i), gajanand sharma (d.w. 2) and radheshyam (d.w, 3) in his defence,5. the learned trial judge has held in the impugned judgment that the prosecution has proved its case ..... and delivering the judgment in court of criminal appeal in england:everyman is presumed to be same and to possess a sufficient degree of reason to be responsible for his acts unless the contrary is proved. to establish insanity it must be clearly proved that at the time of committing the .....Tag this Judgment!
Court : Kerala
Decided on : Feb-21-1986
Reported in : 1987CriLJ180
..... citizens. we are constrained to say that the sessions judge has shown callous indifference and indiscretion in this respect. the sessions judge has also acted in disregard of section 235(2) of the cr. p,c. hearing the accused on the qsestion of sentence is not intended as a formality. it is intended to ..... was taken to the kuttilakkad govt. hospital from where without even removing the injured from the car he was carried to the cranganore hospital as per medical advice. before reaching there the patient died and the doctor examined and declared him dead. all these things transpired within less than one hour. unfortunately ..... the witnesses was affirmed by pw. 12 in re-examination. we do not find anything to disbelieve the oral evidence on the basis of the medical evidence. pws. 4 and 5 are persons who saw the accused going away from the scene after the incident with weapons and there is no ..... and the manner in which the injuries were received by him as spoken to by pws. 1 to 3 the injuries are not possible according to medical evidence and hence pws. 1 to 3 will have to be disbelieved. so also another argument was advanced that pws. 1 to 3 have ..... -witnesses is clear, cogent and consistent it can be accepted only if it is riot demolished by the medical evidence. that depends upon individual cases. if the apparent difference between ocular evidence and medical evidence is attributable to any acceptable reason which is capable of compromising the two apparently different versions, otherwise .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-16-1986
Reported in : (1987)2GLR1070; (1988)ILLJ524Guj
..... the public works department are not workmen since the activities undertaken by the irrigation department could not be said to be industry in the terms of the definition in section 2(j) of the industrial disputes act-see om prakash v. management, m/s. executive engineer (1985-i-llj-16). our reasons for disagreement are obvious. in the first place, the eminent domain ..... disputes act. following the decision of the supreme court in nagpur corporation case (supra) the court in hospital majdoor sabha's case (supra) was concerned with a question as to whether a group of hospitals run by the government for the medical relief as well as for imparting medical education was 'industry'. gajendragadkar, j., considered the definitions of various terms defined by section 2, namely ..... speaking through sandhawalla. c.j. raised a question : can any person having regard to the conditions in the country and in the light of its federal constitution say with any degree of plausibility that the very establishment and construction of the national and state highways and their maintenance is something which the state should barter away to a private citizen or ..... group engaged in co-operation with the employing group in rendering services to the community essential for a higher general human welfare, to share in that welfare in a greater degree ... 54. so long as services are part of the wealth of a nation-and it is obscurantist to object to it-educational services are wealth, are 'industrial'.' 12. krishna .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : May-30-1986
Reported in : (1986)18ITD226(Mum.)
..... were dealing with the assessability to capital gains of sale of ornaments in the financial year 1972-73 in view of amendment of section 2(14)(ii) of the act made effective from 1-4-1973 by including jewellery in the definition of 'capital assets'. question before the court was whether the said amendment governed the assessment year 1973-74. following karimtharuvi tea estate ltd ..... evasions for continuance of the mischief and to add force and life to the cure and remedy, according to the true intent of the makers of the act. thus, to hold that reimbursement of medical expenses would neither be covered under 'salary' nor under 'perquisite' would be to defeat the purpose of the legislation.53. maxwell on interpretation of statutes under the ..... '.61. we are, therefore, of the view that the reimbursement of medical expenses being a cash payment by the employer to the employee would fall under 'salary' in view of the very wide and inclusive definition of 'salary' as per section 17(1) which is adopted by clause (a) of explanation 2 to section 40a(5), in contradistinction to only five enumerated categories being covered ..... it is an expenditure which results directly or indirectly in the provision of 'remuneration or benefit or amenity' to a director.67. thus, both under section 40a(5) as well as under section 40(c), reimbursement of medical expenses by the employer company to the employee would form part of the remuneration of the employee and in case of a director, any payment .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-19-1986
Reported in : 67STC93(Cal)
..... , government of india forms stores, being a department of the government of india, be regarded as a 'person' within the meaning of the definition clause of the term 'dealer' under section 2(b) of the central sales tax act ?q. 2. can the transactions of supply of forms by the assessee to the various departments and undertakings of the government during the material period on ..... it was carrying on business as a dealer in the state. learned advocate submitted that this fact distinguished the present case from the case before the supreme court in government medical store depot air 1985 sc 1748.19. learned advocate submitted further that in the instant case the tax authorities had sufficiently investigated the matter and had called upon the assessee ..... . learned advocate referred to an official publication, named 'introduction to indian government accounts and audits'.14. learned advocate next submitted that the decision of the assam high court in government medical store depot (civil rule no. 460 of 1969 decided on 26th june, 1973-gauhati high court) on the basis of which the tribunal passed its order had been since reversed ..... intended to make some amount of profit or gain out of the transactions. the tribunal came to this conclusion following a decision of the assam (gauhati) high court in government medical store depot v. superintendent of taxes, gauhati (civil rule no. 460 of 1969 decided on 26th june, 1973-gauhati high court), where the facts were almost identical. the tribunal also .....Tag this Judgment!
Court : Kerala
Decided on : Nov-26-1986
Reported in : (1987)IILLJ180Ker
..... if it is shown to be vitiated by an error manifest and obvious. in d.p. maheswari v. delhi administration 1983 ii llj 425 the supreme court considered the scope of the definition of 'workman' in section 2(s) of the i.d. act and observed at pp. 428-429:where the question before the labour court is whether an employee is a 'workman' as ..... m.g. menon v. dy. labour commr. 1981 k.l.t. 192, the question considered was whether a medical representative is a workman or not. the court pointed out that a medical representative will not fall within the scope of the expression 'employee' in section 2(d) when clause (d) read as a whole clearly indicates that the words 'skilled or unskilled' have been ..... considered. this court held that the medical representative is not a workman coming within the ambit of the industrial disputes act, his main work being canvassing for the purpose of promoting sales, though in the course of his functions he had ..... . 1970 ii llj 590 has laid down that the test of substantial work performed by the concerned employee should be applied to find out as to whether the employee is employed to do skilled or unskilled manual, clerical, technical or supervisory work. in john wyeth & brother v. industrial tribunal, alleppey 1977 lab. i.c. 1997, the case of a medical representative was .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-19-1986
Reported in : (1987)0CALLT29(HC)
..... state, : 1973crilj1783 it must be held, therefore, that no prejudice was caused to the appellant even though, the medical evidence was not specifically brought to his notice during his examination under section 313 cr.p.c.it is also urged by the learned advocate that had the appellant intended to kill his wife he ..... situation where 'sufficient to cause death'. we do not see any reasons, therefore, to alter the conviction in this case to one under section 304 part ii of the penal code as suggested by the learned advocate for the appellant.the learned advocate also points out that the opinion of the doctor ..... apparao v. orissa, 1983, crl.l.j. 953 the learned advocate argues that at worst the appellant could be convicted under section 304, part-ii of the indian penal code and never under section 302 of the said code.we do not find any great merit in this argument also. it appears from the evidence of s ..... a culpable homicide a murder if death has actually been caused and intention to cause such injury or injuries is to be presumed from the act or acts resulting in the injury or injuries. in the present case injuries caused by the appellant were sufficient to cause death and his intention to cause ..... the materials on record also do not raise any doubt as regards any of the ingredients of the offence. the statement of lakshmi (p.w.2) under section 364 cr.p.c. cannot be treated as substantive evidence for reasons given by the learned sessions judge. insanity also cannot be presumed from only .....Tag this Judgment!