Court : Kerala
Decided on : Jun-01-1989
Reported in : AIR1989Ker283
..... plead and establish that the death or permanent disablement in respect of which the, claim has been made was due to any wrongful act, neglect or default of the owner of the, vehicle or of any other person. sub-section (2) quantifies the claim, that is, rs. 15,000/- in the case of death and rs. 7,500/- in the case of permanent ..... be filed in such form and with such particulars as may be prescribed. rules have prescribed the form and particulars, no doubt, proviso to sub-section (2) of section 110a states that where any claim for compensation section 92a is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant. we do not ..... medical college hospital,trivandrum. exts. a7 and a8 are similar cards.ext.a9 series are medical bills. ext. a12 is thedisability certificate issued by the medicalofficer of the medical college, trivandrum.ext.a6 shows that the petitioner hadcompound fracture of both bones of the rightleg and ..... the power suo motu. he also contends that permanent disability has not been proved. 3. there can be no dispute that theclaimant had sustained certain injuries in theaccident. he received medical treatment also.ext.a5 is a copy of the wound certificate.ext.a6 is the discharge card issued to himfrom the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-17-1989
Reported in : 1990ACJ668; AIR1989AP235
..... andmay have.....the same proceedings......againstthe secretary of state in council of india as they could have done against the said company.....'. this concept was reiterated insub-section (2) of section 32 of the government of india act, 1915, which declared 'every person shall have the same remedies against the secretary of stale in council as he might have had against the east india ..... dies. had the person not been arrested and put in jail, he would have been at home among the members of his family and/or friends, who would have definitely provided him medical relief and saved his life. having arrested him, having confined him in jail away from his relations and friends, and having allowed him to suffer and die without taking ..... . rule 48 of the madras prisons rules enjoins the prison officials to ensure the safety of the prisoners. similarly, there is no law which empowers the police to apply third-degree methods, or to mete out such treatment as results in the death of the detenu in a police station. in all these cases it must be said that the person ..... officers inexercise of their statutory powers relatableto sovereign functions of the state, the stateis not liable, even though the police officers acted beyond law in subjecting him to third degree methods leading to his death? one may say that applying third degree methods or torture is not permitted by law. true. but so is misappropriation not permitted by law; (reference is to kasturilal .....Tag this Judgment!
Court : Chennai
Decided on : Feb-13-1989
Reported in : 179ITR228(Mad)
..... year 1968-69 : (1) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in cancelling the penalty levied under section 271(1)(a) of the income-tax act, 1961 (2) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the assessee's addiction to alcohol would ..... elaborately dealt with by the tribunal in the course of its order clearly leaves us with the impression that there is absolutely nothing whatever to discredit the evidence of the medical practitioners who had also issued certificates regarding the nature of the illness from which the assessee was suffering and the treatment undertaken by him and the assessee was in such ..... assessee and, therefore, there was no justification whatever for the deletion of the penalty imposed on the assessee. on the other hand, learned counsel for the assessee submitted that the medical evidence made available by the assessee clearly established that the assessee was a chronic alcoholic patient unable to attend to his matters owing to his deteriorating physical and mental condition ..... rs. 10,364, respectively, were levied for the assessment years 1966-67 to 1969-70. in the course of the appeals preferred by the assessee before the appellate assistant commissioner, medical certificates were produced from four doctors, of whom three were also examined and they deposed that the assessee was suffering from chronic alcoholism and that he was not in his .....Tag this Judgment!
Court : Rajasthan
Decided on : May-17-1989
Reported in : 1989(2)WLN386
..... the judicial magistrate no. 1, bundi by his judgment dated may 9, 1980, under section 409, ipc and the state of rajasthan has, by leave filed this appeal against this acquittal.2. kalu ram was employed as an ldc-cum cashier in the office of the chief medical and health officer, bundi during the relevant time as on october 11, 1974, there was ..... . he further found that cash book entry ex. p/9 showed a balance of rs. 6,021.06 as on october 11, 1974. it was also found that the respondent acted as an ldc cum-cashier and, he was expected, therefore, to possess with him the aforesaid amount either in cash or in paid vouchers. on the question of guilt of ..... librepbsion reported in p. arulswami v. state of madras : 1967crilj665 , which was a case under section 106 of the madras village act, 1950 and which section was similar to section 197(1) of the code of criminal procedure-it was held that the sanction under section 106 of the madras act was not necessary to prosecute the president of the panchayat board for the offence under ..... section 409, ipc. it is a settled law that section 197 of the code is neither to be narrowly construed nor too widely. too narrow construction may render it .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-07-1989
Reported in : (1989)91BOMLR922; [1990(60)FLR318]; (1990)IILLJ430Bom
..... be met only by suitably amending the definition of the term 'workman' in the industrial disputes act, 1947 in a manner that the medical representatives are also covered by the definition of 'workman' in the said act. our attention was drawn particularly to sub-section (2) of section 6 of the sales promotion employees (conditions of service) act, 1976 which provides that the provisions of ..... the industrial disputes act, 1947, as in force for the ..... these are all cases in which it was found that the work of the medical representative was to do canvassing for promoting sales and therefore would not fall into any of the categories enumerated in the text of the definition 'workman' under section 2(s) of the industrial disputes act. the same was the view taken in several other cases regarding salesman. ..... learned labour judge rushed to hold that the duties of the medical representative were similar to those of the development officer in the life insurance corporation. he then went on to observe that it was clear from the definition of the workman under section 2(s) of the industrial disputes act that certain persons are excluded from this category and the non .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-25-1989
Reported in : II(1990)ACC20
..... in the schedule in force on the date of the accident.18. the basis for calculation of the compensation is monthly 'wages' as defined under section 2(m) of the act which excludes the travelling allowance and the amount paid to cover special expenses entailed on the workmen by the nature of his employment, so calculated, the ..... place and the deceased was not a heart patient, the legal heirs had failed the discharge the burden of proving the in gradients of charging section 3 of the act.4. having heard the parties and perused the record it seemed to us that the entire approach of the commissioner was hyper technical and this ..... and it was a case of personal injury caused by the accident, 'arising out of and in the course of his employment' as contemplated under section 3 of the act. the msrtc denied the liability and resisted the claim taking a stand that it was a case of natural death which in no way was ..... found lying unconscious near his wearing loom of the mills round 5 p.m. when he was removed to the dining shed he was found dead. the medical officer gave a report that the death was due to heart failure by heart attack. the commissioner rejected the claim of the legal heirs on the ground ..... mohd. akrem entered the bus, lifted the body of abdul aziz, put it in the lying condition and straightway they took the bus to the government medical college hospital, there abdul aziz was declared dead by the attending doctor at about 9 a.m. the death was attributed to heart failure due to sudden .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-25-1989
Reported in : 1990ACJ923; (1989)91BOMLR939; [1990(60)FLR858]; (1991)ILLJ66Bom
..... in the schedule in force on the date of the accident.18. the basis for calculation of the compensation is monthly 'wages' as defined under section 2(m) of the act which excludes the travelling allowance and the amount paid to cover special expenses entailed on the workman by the nature of his employment. so calculated, the ..... took place and the deceased was not a heart patient, the legal heirs had failed to discharge the burden of proving the ingredients of charging section 3 of the act.4. having heard the parties and perused the record it seems to us that the entire approach of the commissioner was hyper-technical and this ..... it was a case of personal injury caused by the accident, 'arising out of and in the course of his employment' as contemplated under section 3 of the act. the msrtc denied the liability and resisted the claim taking a stand that it was a case of natural death which in no way was ..... found lying unconscious near his weaving loom of the mills round 5 p.m. when he was removed to the dining shed he was found dead. the medical officer gave a report that the death was due to heart failure by heart attack. the commissioner rejected the claim of the legal heirs on the ground ..... mechanic mohd. akram entered the bus, lifted the body of abdul aziz, put it in the lying condition and straightway took the bus to the government medical college hospital, where abdul aziz was declared dead by the attending doctor at about 9 p.m. the death was attributed to heart failure due to sudden .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-03-1989
..... bear children in which a number of ova are removed from the woman and fertilized by male sperm. this process often produces excess fertilized ova ("unborn children" under the missouri act's definition) that are discarded, rather than reinserted into the woman's uterus. brief for association of reproductive health professionals page 492 u. s. 523 et al. as amici curiae ..... state, to determine whether the constitutional issue is actually eliminated. i do not think the second sentence of 188.029, as interpreted by the court, imposes a degree of state regulation on the medical determination of viability that in any way conflicts with prior decisions of this court. as the plurality page 492 u. s. 528 recognizes, the requirement that, where ..... respectively. thus, abortion of the 'unformed' or 'inanimate' fetus (from anima, soul) was something less than true homicide, rather a form of anticipatory or quasi-homicide. this view received its definitive treatment in st. thomas aquinas, and became for a time the dominant interpretation m the latin church." " * * * *" "for st. thomas, as for mediaeval christendom generally, there is a ..... for abortion counseling, id. at 1077-1080, but the state has not appealed those parts of the judgment below. see juris. statement i-ii. [ footnote 3 ] ii decision of this case requires us to address four sections of the missouri act: (a) the preamble; (b) the prohibition on the use of public facilities or employees to perform abortions; (c) the prohibition on .....Tag this Judgment!
Court : Chennai
Decided on : Apr-12-1989
Reported in : (1989)1MLJ302
..... to or approved by it. in the departments of the first respondent, there are only three categories of teachers viz., professor, reader and lecturer, as defined in section 2(k) and (p) of the act, whereas the teachers in the affiliated institutions would include professors, assistant professors, readers, lecturers, librarians and other declared by the statutes to be teachers. the emoluments, the ..... inter-related, yet while prescribing qualifications for the post of professor, reader and lecturer, it has been made clear that the ph.d. should be in the subject of anatomy, medical bio-chemistry, pathology etc., etc.-only exception being microbiology, wherein ph.d. could be 'in any one of the specialties of microbiology'. this indicates that in the case of ..... reader and lecturer as shown in the ordinance above, is common to all the teachers in all the departments, except for the posts in the post graduate institute of basic medical science, for which the applicants were directed to refer to the prospectus. for six out of 49 departments, whose vacancies were advertised, the university had prescribed different fields of ..... filed by the respondents 4 and 5, wherein the third respondent has contended that the selections having been made by the selection committee, the equation of educational qualification and degrees are primarily matters for the authorities of the university and even if there are any doubts regarding the equation in the matter of educational qualification, it is a matter to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : I(1990)ACC468; 1990ACJ350; AIR1990AP207
..... practitioner of class to which he belongs or holds himself out to belong. in the case of specialists a higher degree of skill is called.15. the civil liability of medical men as held in r. v. beteman is:'if a person holds himself out as possessing special skill and knowledge ..... recognisable and preventable and respiratory arrest can be anticipated and corrected in the normal course of events by judging the depth of anaesthesia is the definite view of dr. kabir who also stated categorically:'if the surgeon was observing the anaesthetist from the head end of the patient where he ..... surgeons and also a fellow of international college of surgeons. tonsillectomy operation is an elective one about which there is unanimity among all the medical witnesses. the anaesthefist admitted that the pulse of the patient could not be felt. surgery, anaesthesia and resuscitation being team work of both the ..... in a sum of rs. 50,000/- as damages under all the heads including mental pain, suffering, loss of earning capacity, expenses incurred for medical treatment etc.3. opposing the suit the first defendant, the government of andhra pradesh in its written statement denied the allegations levelled by the plaintiff ..... who according to the plaintiff is vicariously liable for the damages since the alleged act of negligence was committed by the defendants 2 and 3 in the course of discharging their duties as employees of the state government.2. the plaintiff was a brilliant youngster aged 17 years in 1966 when he .....Tag this Judgment!