Court : Delhi
Decided on : Aug-30-2001
Reported in : AIR2002Delhi40
..... 7.9.1996, alleging that his son's loss of life was on account of callous attitude of medical authorities, more particularly respondent no.4 who at the relevant point was the medical superintendent (nursing homes).2. a person has a fundamental right under article 21 of the constitution of india, 1950 (in short, ..... stipulated amount as damages from the wrongdoer for the negligence. when we talk of negligence, the wrongdoer may be made liable because of a wrongful act or an omission of do something which the wrongdoer was required to do but not done. the plaintiff who sues the wrongdoer in tort is ..... pointed out, that he should establish his case by a preponderance of probabilities. this he will normally have to do by providing that the other party acted carelessly. such evidence is not always forthcoming. it is possible, however, in certain cases for him to rely on the .mere fact that something happened ..... part of the claimant himself. 3) the claimant should have taken all reasonable action to contain the loss or injury sustained by him. 4) the acts of the claimant should be lawful just and reasonable. 5) the amount of damages should not exceed the loss sustained by him and such damages ..... according to condition of the person and dignity of service than its positive worth 'requital' is the return of kindness, the making it is an act of gratitude. in cases of assessment of damages pure mathematics cannot be relied on exclusively to arrive at a reasonable estimate of just compensation for a .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-04-2001
Reported in : 2001(3)WLC540
..... , too) and such rules may provide for the qualifications, the term of office and the powers and duties of the registrar, as contemplated in sub-section (2) of section 46 of the act, again makes it explicit clear that the state government has been conferred with powers of control over the state council. even for the sake of arguments, if the state council ..... medical officer of the state ex officio or if he is unable to attend any meeting, a person authorised by him in ..... registered pharmacists nominated by the state government; (c) one member elected from themselves by the members of each medical council or the council of medical registration of the slate as the case may be; (d) the chief administrative ..... an agreement is required to be made under section 20, and in either case the state government is required to constitute a state council consisting of; (a) six members elected from amongst themselves by registered pharmacists of the state; (b) five members of whom atleast three shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Jun-01-2001
..... impossible for him to acquire a merit promotion. the contention that provision of section 47 of the persons with disabilities (equal opportunities etc.) act, 1995 has no application to the applicant's case is also untenable because sub-section 2 of section 47 reads : "no promotion shall be denied to a person merely on ..... the physical exertion and higher the managerial supervision or intellectual exertion. therefore if the applicant could perform his duties as txr and htxr which required medical classification bee one (b-1), the cancellation of his promotion as ctxr, without considering whether as a matter of fact he would be in ..... and a3 orders is not legally valid because the applicant did not decline promotion. the cancellation for the reason that bee one (b-1) medical classification is required for being posted in the txr cadre is also no more tenable because the applicant had already been posted in txr cadre ..... txr cadre, the respondents cannot be faulted for cancelling his promotion as ctxr by annexure a2 and a3 orders. she further argued that as medical classification bee one (b-1) is required for appointment in the txr cadre, the applicant who has been cleared only in cee one (c ..... applicant was not relieved from palghat and the impugned orders annexures a2 and a3 were issued cancelling the applicant's promotion saying that he was medically unfit to hold the post. even with his disability, the applicant had been granted a certificate of merit by the divisional railway manager, .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-26-2001
Reported in : 2002(2)ALLMR405; [2001(90)FLR971]; (2001)IILLJ1421Bom
..... other provisions, the expression 'any person' in section 2(k) of the act must be read subject to such limitations and qualifications as arise from the context; the two crucial limitations are: (1) the dispute must be a real dispute between the parties to the dispute (as indicated in the first two parts of the definition clause) so as to be capable of settlement ..... adjudication in the reference before the tribunal were paid in comparable companies. this included the claim for service increments, dearness allowance, house rent allowance, leave travel allowance, gratuity, education allowance, medical allowance, shift allowance, computer allowance and washing allowance. out of 16 companies, it was stated that the wage settlements of 11 companies had already expired and were due for revision ..... 24 years.4 increments between 24 years and upwards.the learned single judge has affirmed the award.the learned counsel appearing on behalf of the employer has laid a considerable degree of emphasis on the impact of the grant of service increments in his challenge to the award of the tribunal and the judgment of the learned single judge. the learned ..... by in this case reference were entitled to gratuity of 15 days' of their basic wages and dearness allowance under the existing scheme. in this regard, we find a considerable degree of substance in the contention urged by the learned counsel appearing on behalf of the employer that the gratuity scheme at kalwe is on the basis of a minimum attendance .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-27-2001
Reported in : [2001(89)FLR684]; (2001)2UPLBEC1440
..... and sale of cigarettes. manufacture and sale of cigarettes will not involve any public function. incidental to that activity, there is an obligation under section 46 of the act to set. up a canteen when the establishment has more than 250 workmen. that means, it is a condition of service in relation ..... hospital.5. the contention of the petitioner is that gandhi eye hospital trust. allgarh is a public body. it is performing public duties by providing medical and surgical care to patients suffering from eye diseases and. therefore, the court has jurisdiction to entertain the writ petition under article 226 of the ..... petitioner from service.3. the petitioner was appointed as chief medical officer on 15.5.1998 on probation for one year. this term could be extended for another year. his term was extended on 9.4. ..... fell into error that appellant is amenable to writ jurisdiction.'8. in anandi mutah sadguru srivastava v. v. r. rudari and others, jt (1989) 2 sc 691, the petitioners therein sought writ of mandamus to put them back in the college and pay them arrears of salary. it was held that ..... of cerliorari quashing the order dated 29.3.2000 passed by the president of the gandhi eye hospital trust, aligarh terminating the services of the petitioner.2. the question is whether this court should entertain such petition against the action of the president of the gandhi eye hospital trust. aligarh removing the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-29-2001
Reported in : 2002(2)MPHT83
..... laid down the distinction between 'motive' and 'foundation'. 'motive' is a moving power which impels action for a definite result or which incites or stimulates a person to do an act. the motive behind the termination was un-suitability of the petitioner to hold the post. his performance was not satisfactory ..... that the petitioner's reinstatement could not be ordered due to abolition of the post. the post has been abolished and diverted to the computer section which decision cannot be said to be tainted with malafide. however, in view of our findings as to the validity of the order of ..... the circumstances do not and the chain of the circumstances point out that petitioner's services were not satisfactory. 17. the submission raised that medical fitness was required to be submitted before extending the period of probation on 10-5-96, thus the extension of period of probation was itself ..... preliminary inquiries are conducted (see 5th ed. 1995 (page 491, para 10.027) that the question of 'proximity between investigation and act or decision' depends on the degree of proximity so far as the persons affected claiming a right of hearing is concerned. he says. thus, a person empowered or required ..... of the order of termination, it is unexceptionable. in kunwar arun kumar v. u.p. hill electronics corporation ltd. and ors., (1997) 2 scc 191, termination of service of probationer for unsatisfactory performance after recording a finding that he was regularly absent on one ground or the other was .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Apr-16-2001
Reported in : 2002CriLJ3118
..... is insignificant as long as it is established that such an injury could be caused by the weapon mentioned by the victim of the assault. the definite case of the prosecution is that injuries were inflicted by a dagger and a dagger and sword have been recovered. both are sharp edged weapons. ..... offence cannot be rejected simply because pw nidhan singh has resiled from it. this statement of the accused is admissible in evidence under section 27 of the evidence act because pursuant to this the weapon of offence was recovered.17. this takes us to the question of offence committed by the accused ..... deceased may not be telling the truth. in the opinion of the trial court, the evidence of mohd. rafiq has to be accepted with greater degree of care and caution because of their previous enmity and relationship. having gone through the statement of this witness, we are of the opinion that ..... persons coming they took to their heel. since both of them were bleeding from the injuries, they were immediately taken to government hospital, banihal. block medical officer, banihal according to the witness referred the deceased to jammu because his condition was serious while he remained admitted in the hospital for three days. ..... died of the stab wounds inflicted by the accused which did not heal despite treatment. charges under section 302/307/326/341/323/34 rpc and 4/27 indian arms act were framed on 13-2-1996 to which accused pleaded not guilty. the trial court being of the opinion that the prosecution .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jan-23-2001
Reported in : (2001)(76)ECC246
..... duty due has to be determined by the proper officers of the customs who had been assigned those functions under the act [refer definition of proper officer, in section 2(34) of the act].36. on limitation also, i have recorded that it was on the date when the obligation cast on the importers ..... duty demand of rs. 3,96,660 under sub-section (2) of section 28. a penalty of rs. 4,00,000 has been imposed on the hospital under section 112(a) of the customs act and rs. 1,00,000 on dr. p.k. rajiv, medical director under the same proviso. the allegation in ..... taken by the appellants and the orders passed by the respective authorities. the appellants claimed to be a non-profit making medical institution covering by section 25 of the companies act, 1956 and established in the year 1921. they stated that under the memorandum of association of the appellant company any ..... appellants relied on the duty exemption certificate vide f. no. z-37011/10/92-mg dated 19.10.92 issued by the dghs (medical general section), new delhi and claimed exemption. they asserted that they have given the benefit in terms of the notification. the department on investigation found that ..... installation certificate was not issued, the fact that the superintendent, government hospital, guntur visited and inspected the hospital amounts to certifying that the imported medical equipment was found installed and the same should be accepted. the commissioner did not accept their plea and held that they have not produced installation .....Tag this Judgment!
Court : Karnataka
Decided on : May-31-2001
Reported in : 2001(4)KarLJ257
..... to be aged between 16 and 18 years. prima facie thus she is not under 16 years of age within the description of 'sixthly' to section 375 of the indian penal code.on medical examination, rupture of hymen being found, prima facie, fatima having had sexual intercourse is made out.5. from the manner in which the petitioner-accused ..... criminal procedure code so far as warrant case instituted on a police report is concerned, is an integral one. except that in a warrant case instituted on a police report, section 239 provides for making such examination, if any, of the accused as the magistrate thinks necessary, in other respects, the procedure underlying that scheme in sessions caseand in ..... pleader, the manner in which the petitioner gained entry into the house and had sexual intercourse with fatima would prima facie lead to the conclusion that it was an act of rape. but, from the very description of the incident as made out by none else than fatima, i would agree with the learned counsel for the ..... taken as having rested on the evidence available in that particular case, because the division bench has made this clear observation at the end of paragraph 2 of the judgment:'the ingredients of section 415 of the indian penal code are very clear and in our considered view, the framing of a charge itself under ..... order1. heard on merits by consent.2. fatima lodged a complaint with the manvi police in raichur district, the gist of which is this: about a year prior to the date of the complaint .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-23-2001
Reported in : 2003ACJ250; [2003(96)FLR446]; ILR2002KAR1256; 2002(6)KarLJ191
..... not be able to lift heavy articles. he denies the suggestion that he does not have 40% permanent disability. 16. section 2(1)(i) of the workmen's compensation act is relevant to decide the real question of controversy. it deals with the definition of total disablement. it reads as under; ' 'total disablement' means such disablement, whether of a temporary or permanent nature ..... third (right humerus), fracture of right tibia and cerebral edema. he approached the commissioner contending that he sustained permanent disablement and there is 100% loss of earning capacity. the medical certificate provided 20% of disablement and the commissioner granted for 100% disablement. this court came to the conclusion and felt that there was no evidence to grant 100% loss ..... , gokak, belgaum. district v. nyaya mathasab ghouse sab muke and anr., wherein the workman was a driver whose little finger and ring finger had been amputated and the medical expert opined that the workman suffered only 50% of disablement. but the commissioner held that the injuries suffered by the workman has resulted in 100% disablement and this court ..... -applicant one dr. l. yoganarasimhachar, professor and head of the department of orthopaedics at k.r. hospital, mysore was examined as p.w. 3. taking into consideration the medical evidence available on record and the personal observation of the appellant-applicant by the commissioner, the commissioner came to conclusion that the appellant has sustained loss of earning capacity of .....Tag this Judgment!