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EMPLOYERS' LIABILITY ACT, 1938 Complete Act
State: Central
Year: 1938
.....for damages in respect of the injury instituted by the workman or by any person entitled in case of his death shall not fail by reason only of the fact that the workman was at the time of the injury a workman of, or in the service of, or engaged in the work of, the employer. SECTION 03A: CONTRACTING OUT Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto, shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.] SECTION 04: RISK NOT TO BE DEEMED TO HAVE BEEN ASSUMED WITHOUT FULL KNOWLEDGE In any such suit for damages, the workman shall not be deemed to have undertaken any risk attaching to the employment unless the employer proves that the risk was fully explained to and understood by the workman and that the workman voluntarily undertook the same. SECTION 05: SAVING Nothing in this Act shall affect the validity of any decree or order of a Civil Court passed before the commencement of this Act in any such suit for damages. Central.....
List Judgments citing this sectionEmployers Liability Act, 1938 Section 3
Title: Defence of Common Employment Barred in Certain Cases
State: Central
Year: 1938
.....of the duties of that person; or (ii) in obedience to any rule or bye-law of the employer (not being a rule or bye-law which is required by or under any law for the time being in force to be approved) by any authority and which has been so approved; or (iii) in obedience to particular instructions given by any other person to whom the employer has delegated authority in that behalf;] a suit for damages in respect of the injury instituted by the workman or by any person entitled in case of his death shall not fail by reason only of the fact that the workman was at the time of the injury a workman of, or in the service of, or engaged in the work of, the employer. ______________________ 1. Substituted by Act 5 of 1951, Section 2, for clause (d) (w.e.f. 28-2-1951).
View Complete Act List Judgments citing this sectionCarriers Act, 1865 Section 9
Title: Plaintiffs, in Suits for Loss, Damage, or Non-delivery, Not Required to Prove Negligence or Criminal Act
State: Central
Year: 1865
In any suit brought against a common carrier for the loss, damage or non-delivery of 1[goods including container, pallets or similar article of transport used to consolidate goods) entrusted] to him for carriage, it shall not be necessary for the plaintiff to prove that such loss, damage or non-delivery was owing to the negligence or criminal act of the carrier, his servants or agents. ______________________ 1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt. I, for "goods entrusted (c.f.o. 16-10-1992).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 287
Title: Negligent Conduct with Respect to Machinery
State: Central
Year: 1860
Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to lake such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 304A
Title: Causing Death by Negligence
State: Central
Year: 1860
1[304A. Causing death by negligence Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.] ___________________ 1. Inserted by Act 27 of 1870, section 12.
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Section 139
Title: Negligently Breaking or Damaging Works
State: Central
Year: 2003
1 [139. Negligently breaking or damaging works Whoever, negligently breaks, injures, throws down or damages any material connected with the supply of electricity, shall be punishable with fine which may extend to ten thousand rupees.] _________________ 1.Substituted by Electricity (Amendment) Act, 2003 (57 of 2003), w.e.f.27-1-2004 vide SO 119(E), dt. 27-1-2004.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 286
Title: Negligent Conduct with Respect to Explosive Substance
State: Central
Year: 1860
Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 285
Title: Negligent Conduct with Respect to Fire or Combustible Matter
State: Central
Year: 1860
Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 284
Title: Negligent Conduct with Respect to Poisonous Substance
State: Central
Year: 1860
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such-poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 161
Title: Negligently Crossing Unmanned Level Crossing
State: Central
Year: 1989
If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year. Explanation.--For the purposes of this section, "negligence" in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person-- (a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or (b) even while an approaching rolling stock is in sight.
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