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P. Rajangam, Sub-inspector of Police and ors. Vs. State of Madras and ...

Court : Chennai

Reported in : AIR1959Mad294; 1959CriLJ856

..... in the city of madras. by act. v of 1889, the, office of coroner of madras was abolished, by omitting "madras" in coroners act iv of 1871. section (1) of act v of 1889 repealed clause (e) of section 1 of the criminal procedure code, 1882, and clause (2) of section 4 of act v of 1889 is as follows :"..... sections 174, 175 and 176 of that ..... is found in the code, does not apply to the city of madras. by section 157 of the east india company act, 1793, (33 geo. iii, chapter 52), coroners were appointed for the cities of bombay, calcutta and madras. then the coroners' act iv of 1871 was passed which was applicable to the three presidency towns of bombay calcutta and madras ..... , 175 and 176 shall apply to the police in the town of madras."act v of 1889.abolished office of coroner of madras, by omitting "madras" in coroners act iv of 1871.section 4-2 clauses :(1)repealed cl. (e) of section 1 of criminal procedure code 1882 (2)."sections 174, 175 and 176 of that code ix of 1882; shall in their .....

Tanajirao Martinrao Kadambande Vs. H.J. Chinoy

Court : Mumbai

Reported in : (1969)71BOMLR732

..... into account; secondly, no powers similar to the powers conferred upon a magistrate under section 176 appear to have been conferred upon the coroner under the coroners act, 1871. this decision, therefore, cannot avail mr. cooper for the purpose of canvassing the proposition that an inquest held by a coroner under the coroners act, 1871, should be held to be a 'judicial proceeding' in the normal sense of that ..... place he contended that the inquest proceedings held by the coroner of bombay under the coroners act, 1871, were proceedings to which the indian evidence act applied, inasmuch as, the coroner was a 'court' and the proceedings before him were 'judicial proceedings' as required under section 1 of the said act and since under section 137 of the evidence act the right of cross-examination had been confined to only .....

The State of Bombay Vs. Shirish V. Pai and ors.

Court : Mumbai

Reported in : AIR1959Bom6; (1958)60BOMLR822; 1959CriLJ30; ILR1958Bom847

vyas, j. 1. these applications raise an interesting point of law and the point raised is : is the coroner appointed under the coroners act, 1871 (act no. iv of 1871), a court within the meaning of the contempt of court act, 1952 (act no. 32 1952)? the circumstances under which this point has arisen may be briefly stated. 2. certain articles and reports, containing allegations regarding the cause of ..... sustained by him, and yet the inquisition did not have a binding effect, in that it bound nobody to take any action against anybody. it is true that section 29 of the coroners act provides that an inquisition shall not be quashed for any technical defect. but that is not to say that it has a binding character which would compel an action .....

P. Joseph Varghese and anr. Vs. H.J. Chinoy and anr.

Court : Mumbai

Reported in : AIR1968Bom426; (1968)70BOMLR238; 1968CriLJ1610

..... based. by the final order the portion of the inquisition relating to negligence was quashed.8. we may also refer to the relevant provisions of the coroners act. section 8 provides that the coroner himself shall hold a sort of preliminary inquiry and if he is satisfied as to the cause of death, he may direct that post-mortem examination ..... amounting to a pronouncement that there was criminal negligence. for, in that case, i would have forwarded (as i would have been bound to do under section 25 of the coroners act) a copy of the inquisition proceedings to the commissioner of police. it is indeed a fact that i have not sent any papers to the commissioner of ..... in the particular case are prejudicial to the health or safety of the public or any section of the public. section 17 authorises the coroner to summon witnesses. section 19(1) provides that all evidence recorded under the act shall be on oath an the coroner shall be bound to receive the evidence tendered on behalf of the person who is .....

Jordan (Ap) (Appellant) Vs. Lord Chancellor and Another (Respondents) ...

Court : House of Lords

..... , the inquisition was not duly sealed or written on parchment. 7. the law applicable in england and wales was amended and consolidated by the coroners act 1887. section 3(1) of the act obliged a coroner to summon a jury to inquire into a death where he was informed that the dead body of a person was lying within his jurisdiction " ..... verdict "setting forth, so far as such particulars have been proved to them, who the deceased person was and how, when and where he came to his death": coroners act (northern ireland) 1959, section 31(1). in england and wales, an inquisition "shall set out, so far as such particulars have been proved - (i) who the deceased was; and (ii ..... person was and how, when and where he came to his death". the equivalent english and welsh statutory provision, using in this respect identical terms, is section 11(5) of the coroners act 1988. 56. the consistency of the english and welsh rule 42 with a verdict of unlawful killing has been affirmed in a number of cases, most .....

R (on the Application of Smith) (Fc) (Respondent) Vs. Secretary of Sta ...

Court : UK Supreme Court

..... then decides whether further enquiries need to be carried out. these may take the form of a post-mortem examination or an inquest. section 8 of the coroners act 1988 requires a coroner to hold an inquest where the body of a person is lying within his district and there is reasonable cause to suspect that the ..... inquest in respect of certain types of death. pending the coming into force of the relevant sections of the coroners and justice act 2009, the position is governed by the coroners act 1988. section 8(1) requires a coroner to hold an inquest in respect of any body lying within his district where there is reasonable cause to suspect that the deceased ..... approach be called for." the key point is that the decision in middleton involved using section 3 of the human rights act 1998 to place an extended construction on section 11(5)(b)(ii) of the coroners act 1988 and rule 36 of the coroners rules 1984 (si 1984/552). this was justified only because the extended construction was necessary .....

Sunita Devi Vs. The State Of Bihar

Court : Supreme Court of India

..... the offence (i) before taking account of the factors mentioned in subsection (6), and (ii) assuming the offender has pleaded not guilty. section 128 of the coroner and justice act, 2009 128 monitoring (1) the council must (a) monitor the operation and effect of its sentencing guidelines, and (b) consider what ..... ) the persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the director of public prosecutions. section 120 of the coroner and justice act, 2009 guidelines 120 sentencing guidelines (1) in this chapter sentencing guidelines means guidelines relating to the sentencing of offenders. (2) a ..... their relative effectiveness in preventing re-offending; (f) the results of the monitoring carried out under section 128. 67 section 121 of the coroner and justice act, 2009 121 sentencing ranges (1) when exercising functions under section 120, the council is to have regard to the desirability of sentencing guidelines which relate to a .....

R (on the Application of Hurst) (Respondent) Vs. Commissioner of Polic ...

Court : House of Lords

..... inquest is to investigate and if possible to answer four questions: who the deceased was, and "how, when and where he came by his death": see coroners act 1988, section 11(5) and coroners rules 1984, rule 36. jamieson made clear that "how" meant "by what means" rather than "in what broad circumstances". but it did not disapprove ..... but more conveniently dealt with in the light of the conclusions reached on the other two issues) is whether, in exercising his discretion under section 16(3) of the coroners act, the coroner would require to take into account the united kingdom's international obligations under article 2. having myself reached the conclusion that, even were the ..... submissions by mr starmer. first, i agree that the court of appeal was wrong to conclude that, by virtue of section 3 of the human rights act 1998, section 11(5)(b)(ii) of the coroners act 1988 has had since 2 october 2000 to be interpreted to require an inquest complying with the united kingdom's international .....

Bhagwant Singh Vs. Commissioner of Police, Delhi

Court : Supreme Court of India

Reported in : AIR1983SC826; 1983CriLJ1081; 1983(2)Crimes480(SC); 1983(1)SCALE611; (1983)3SCC344; [1983]3SCR109

..... investigation-of such cases.20. another suggestion which has found favour with us is the need to extend the application of the coroners' act, 1871 to other cities besides those where it operates already. the application of the coroners' act will make possible an immediate inquiry into the death of the victim, whether it has been caused by accident, homicide, suicide ..... investigation, and the file was sent to its director on september 10, 1981. for that reason, it is said, no question arose of filing any report under section 173(2) of the crpc.8. shri bhagwant singh has vigorously contended that the investigating agency in this case did not carry out its statutory duties in a bonafide ..... enquiries led him to believe that gurinder kaur had attempted to commit suicide. he registered the case as f.i.r. no. 507 dated august 9, 1980 under section 309 of the indian penal code and commenced investigation. at 8. 15 p.m. on the same day gurinder kaur died. the police investigation brought to light that .....

The Dean, Agricultural College and Research Institute Vs. Tmt. S. Saki ...

Court : Chennai

Reported in : (2004)ILLJ741Mad; (2003)3MLJ712

..... goundini, reported in 1980 (1) lln 203. thus, the contractor to whom the work has been entrusted by pwd, the executing agency is the employer. section 12 of the act provides that the principal who employes a contractor shall be liable to pay compensation to workman though he did not immediately employ, but employed through the contractor. in ..... in the accident. so the immediate employer is the sub contractor and pwd contractor is the principal employer. the expression 'employer' is defined in section 2(e) of the workmen's compensation act, 1923 and it reads thus:-'employer' includes any body of persons whether incorporated or not and any managing agent of an employer and the legal ..... to whom the work has been entrusted namely the second respondent herein is the employer of the deceased workman. the expression 'workman' has been defiend in section 2(n) of the act and there is no dispute that the deceased is a workman. 17. there is no dispute as to the quantum of compensation payable under the .....