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K. Velunni and ors. Vs. Premalatha and ors.

Court : Kerala

Reported in : II(1989)ACC593

..... the tribunal is free to follow any procedure which it considers expedient in he interest of justice so long as the procedure is not inconsistent with the rules of natural justice and does not contravene the provisions of the act or the rules, in order to do justice for which it has been constituted, the tribunal would have power to apply the principles underlined in the provisions of the code of civil procedure, even though not rendered specifically ..... the indian fatal accidents act is almost a replica of the english statute known as lord campbell's act. ..... proviso (ii) is attracted to the motorcycle involved in this case and it must follow that the act policy in this case is not required to cover liability in respect of the pillion rider. ..... in paragraph 13, the court observed that damages under section 1a of the act must be limited strictly to the pecuniary loss to the beneficiaries and that under section 2, the measure of damages is the economic loss sustained by the ..... representing the legal representatives of mohandas rebutted this contention and argued that the driver or his legal representatives are not necessary parties as the liability under the relevant provisions of the motor vehicles act is basically that of the owner, placing reliance on the decisions in k. ..... the house of lords held that a married woman whose husband is injured by negligent act or omission of the defendant has no right of action against the negligent person in respect of impairment or loss of consortium .....

Chandrakanta Jayrambhai AmIn and anr. Vs. PravIn Mangaldas and ors.

Court : Gujarat

Reported in : AIR1975Guj142

..... principles laid down by the house of lords for assessment of compensation, under fatal accidents act, known as 'lord campbell's act' and also under the english law reform (miscellaneous provisions) act, 1934, the court laid down as under in paragraph 14 of its judgment at page 380:-' the, law on the point arising for decision may be summed up thus: compulsory damages under section 1-a of the act for wrongful death must be limited strictly ..... and at the end of the period would be exhausted while paying the dependants the annual benefits, has been illustrated by lord pearson in his speech in (1970), 1 all er 365 which reads as under:- 'the fund of damages is not ..... in practice, and depends in some measure on the expertise of judges accustomed to try these cases ...........lord morris of borth-y-gest in his speech observed as under:- 'the learned judge was disposed in the present ..... for the disengages in sum of rupees 30,000 under the fatal accidents claims act by the tribunal of baroda, which passed the award of compensation on july ..... all other possibilities and chances are taken into account and in practice lord wright's method is applied by fixing a basic sum of annual dependency and multiplying it by an appropriate multiplier .............therefore, even though viscount simon in nance's case, contemplates multiplication of the amount of ..... the two famous english decisions which are taken as guide lines and which are held to reiterate the same rule are those of lord wright in davies .....

Annamkutty Vs. the Manager United India Insurance Co.

Court : Kerala

..... case (supra), the honourable supreme court has held that the multiplier method is the best policy for assessing compensation and what is required to be awarded under the provisions of the motor vehicles act, is a just and reasonable compensation and multiplier method is the accepted method for ensuring a just compensation, which will make uniformity and certainty of the awards and laid down the following principles ..... entitlement to get compensation on the death of maca146309 5 their breadwinner on the basis of negligence and the theory of no- fault liability was introduced under the provisions of the motor vehicles act, which transformed the common law remedy for getting compensation under tort into a statutory remedy in the case of death or bodily injury caused in a motor vehicle accident. ..... (supra), a three judges' bench of the honourable supreme court considered the question of applying the multiplier provided under maca146309 8 the act under the second schedule and the anomalies in that schedule and said that the multiplier need not exceed 18, at any rate. ..... also in view of the authoritative pronouncement made by the honourable supreme court regarding the multiplier to be adopted in the case of death under section 166 of the motor vehicles act, it is the age of the deceased that has to be taken into consideration and not that of the dependants for determining the multiplier. ..... the english fatal accidents acts has been discussed by the house of lords in davies ..... lord campbell's acts .....

Administrator General of Bengal Vs. Hughes

Court : Kolkata

Reported in : (1913)ILR40Cal192

..... codicil was not executed twelve months before the testator's death and deposited within six months in some place provided by law for the safe custody of wills, according to the provisions of section 105 succession act, the will and codicils are entirely inoperative, inasmuch as the will must be taken to have been made on the date of the last codicil. ..... i am supported in this view by the decision of lord campbell in hopwood v. ..... the judgment was upheld by the appeal court, lord justice fry holding that keeping a tomb in repair was not an illegal object, and there was ho rule of law which said that you might not try to enforce a condition creating a perpetual inducement to do a thing which is ..... in considering the english statute, barton j. ..... in re stratheden & campbell [1894] 2 ch. ..... section 159 of the succession act provides that where the interest or produce of a fund is bequeathed to any person and the will affords no indication of an intention that the enjoyment of the bequest should be of limited duration the principal as well as interest shall belong to ..... this principle was enunciated by lord selborue in chamberlayne v. ..... (i) the first point is about the 3rd and 4th codicils not having been deposited, as prescribed by section 105 succession act. ..... clause 97 section 16 corresponds with section 105 of the succession act. ..... the will and the first and second codicils were deposited according to the provisions of section 105, succession act. .....

Marcus Vs. Search Warrant

Court : US Supreme Court

..... . seizure of obscene material, as a prelude to condemnation, was authorized there by lord campbell's obscene publications act of 1857, 20 & 21 vict., c. 83 ..... . [ footnote 31 ] compare the objection of the house of commons to renewal of licensing: "because that act appoints no time wherein the archbishop, or bishop of london, shall appoint a learned man, or that one or more of the company of stationers shall go to the customhouse, to view imported books, so that they or either of them may delay it till ..... . the house of commons' list of reasons why the licensing act should not be renewed included: "because that act subjects all mens houses, as well peers as commoners, to be searched at any time, either by day or night, by a warrant under the sign manual, or under the hand of one of the secretaries of state, directed to any messenger, if such messenger ..... . according to a recent summary of procedures to obtain a warrant under that act, a police officer would ordinarily buy copies of a work he suspected of obscenity ..... ." [ footnote 26 ] english practice in such cases has placed greater restraint on the seizure power ..... . 1029, which this court has called "one of the landmarks of english liberty ..... printed, or to be printed, and to seize, take hold, burn, or turn to the proper use of the aforesaid community, all and several those books and things which are or shall be printed contrary to the form of any statute, act, or proclamation, made or to be made. . . . .....

Prem Devi Pandey and ors. Vs. Dayal Singh and ors.

Court : Delhi

Reported in : 12(1976)DLT280

..... to many anomalies and eventually the fatal accidents act, 1846 also referred to as lord campbell's act was passed. ..... at another place in the judgment on page 158 it is observed as under in relation to decisions ander the fatal accidents act :- 'theclaims tribunal may, in deciding the just compensation in a case, bear in mind and apply any general principle or principles laid down in the aforesaid indian or english decisions as far as they may be applicable, and in so far as they may promote the interests of justice on the ..... in the same judgment the division bench observed :- thereforee, claims tribunal dealing with a claim under the motor vehicles act has only to consider what appears to it be just compensation on the facts and circumstances of the case before it, and it need not strictly follow and apply the basis of the assessment of compensation indicated in the various decisions under the fatal accidents act or under the english law. ..... held in a number of cases decided by the english courts and also by the privy council, in royal ..... the manner in which the compensation has to be awarded and these observations in my view, amount to giving a certain amount of freedom to the claims tribunals to follow the decisions under the fatal accidents act, 1955, and to apply the same if they promote justice, equity and fairplay. ..... it was held by the english courts under common law that a loss resulting to third parties by the death of a person did not give ..... cases especially by the english court. .....

Narendra Nath Nandi Vs. Amiya Choudhury

Court : Kolkata

Reported in : AIR1959Cal231,63CWN216

..... 'no universal rule can be laid down' observed lord campbell (lord chancellor) in 1861 'as to whether mandatory enactments shall be considered directory only or obligatory with an ..... the summons which does not prejudice the defendant in his defence should not be a ground for nullifying the summons or for rendering inoperative the provisions of section 17 of the west bengal premises tenancy act 1956 regarding depositor payment of arrears of rent by the defendant after service of a writ of summons, where the onlydefect consists in an omission to score through some of the purposes for issuing the summons. ..... maxwell on interpretation of statutes (10th edition) page 381 observes as follows :'where the prescriptions of a statute relate to the performance of a public duty and where the invalidation of acts done in right of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty without promoting the essential aims of the legislature, such ..... will not be sufficient for the disposal of the point and it has to be examined whether the provisions of order 5, rule 5 fall within the principle laid down by lord campbell or the principle approved by the supreme court in the case just referred to. ..... the question whether a mandatory enactment must invariably be held to be imperative has engaged the attention of english courts from the earliest times and it has been laid down in several cases that mandatory provisions may, under .....

K.S. Agha Mir Ahmad Shah and Another Vs. Mir Mudassir Shah and Others

Court : Privy Council

Reported in : AIR1944PC100

..... as was observed by the lord chancellor, lord campbell, in the leading english case on the subject, (1860) 8 hlc 183, wing v. ..... 184, english law of property act, 1925. ..... indeed, it would be very dangerous to act upon the evidence of this witness as it had not been subjected to cross-examination. .....

Norasia Lines (Malta) Ltd. Vs. Deputy Commissioner of Income-tax

Court : Kerala

Reported in : (2005)199CTR(Ker)377; [2005]279ITR268(Ker)

..... the first contention of the assessee is that even though the clauses are not happily worded, two views are possible, in such cases, a view in favour of the assessee should be taken especially in view of section 90(2) of the act wherein it is stated that the provisions shall apply to the extent it is more beneficial to the assessee. ..... wakefield [1889] 22 qbd 239 : 'the words of a statute must be construed as they would have been the day after the statute was passed, unless some subsequent act has declared that some other construction is to be adopted or has altered the previous statute'.'13. ..... coke's rule has been adopted by the english courts, and for modern use is best expressed by lord esher in sharpe v. ..... the government of any country outside india under sub-section (1) for granting relief of tax, or, as the case may be, avoidance of double taxation, then, in relation to the assessee to whom such agreement applies, the provisions of this act shall apply to the extent they are more beneficial to that assessee.'5. ..... the subject is not to be taxed without clear words for that purpose ; and also, that every act of parliament must be read according to the natural construction of its words.'7. ..... further, as per the normal english grammar, the relative pronoun 'that' will only refer to the nearest proximate subject otherwise it will be an error of proximity and 'that' cannot refer to the fiscal year, but, only to 'calendar year next' which was ..... in campbell college belfast (governors) v. .....

Rajasthan State Road Transport Corporation and anr. Vs. Smt. Pista Aga ...

Court : Rajasthan

Reported in : 1985(1)WLN415

..... this judgment of the full bench their lordships have discussed the scheme of the fatal accidents act which traces its origin to english fatal accidents act, 1846 which is known as lord campbell's acts ..... any judgment of the hon'ble supreme court on account of which consortium cannot be allowed under fatal accidents act although a contrary view has been taken by the punjab & haryana high court, himachal pradesh high ..... . shri saindas in which it has been held that under the fatal accidents act section 1(a) and section 2 only the compensation can be for the loss caused to the dependents of the deceased and the dependents are not entitled to any ..... reported above, some of the portion of which i have extracted, and on a through study of the entire matter, it is difficult to find out or to agree or to deduce even that, either the supreme court or the english court approved any ceiling of 16 years or 20 years ..... 474 has observed that under the fatal accidents act, the provisions of which may be applied for computing claim compensation under the motor vehicles act, a husband is entitled to damages for ..... has become manifest by the amendments brought forth in the gratuity act, that the law is taking care of private employees also ..... various categories of claimants, i think that before i part, i may indicate a few broad guidelines which the claims tribunals may follow while disposing of claim applications arising under the motor vehicles act, 1939, to scotch complaints of misapplication of compensation money .....