Court : Chennai
Reported in : (1984)ILLJ254Mad
..... it has been adopted in the american and dominion acts. ..... i deliberately use the word 'incident' because still whether that incident could be an accident within the meaning of the act requires to be decided, which i will do so in the latter part of my judgment. ..... what the workmen's compensation act, 1923, really intends to convey is what might be expressed as an accidental injury. ..... the phrase arising out of and in the course of the employment is taken from the english act, originally appearing in the act of 1897. ..... it also occurs in new zealand act and has the same meaning as that of the english act. ..... if a workman is doing an act which is within the scope of his employment in a way which is negligent in any degree and is injured by a risk incurred only by that way of doing it he is entitled to compensation.' 8. ..... 3(1) of the act throws the liability on the employer for compensation stating only 'if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the ..... ' there is no difference between the english and the indian statute as to the type of accident which gives the workman a claim to compensation (see workmen's compensation act, 1923, s. 3). ..... the word 'accident' has not been defined in the act. ..... now, on to the question, whether this would be an accident within the meaning of the act. .....
Tag this Judgment!Court : Chennai
Reported in : II(1984)ACC246
..... it has been adopted in the american and dominion acts. ..... the work which he is seeking to do to be within his employment, the question of negligence, great or small, is irrelevant and no amount of negligence in doing an employment job can change the workman's action into non-employment job...if a workman is doing an act which is within the scope of his employment in a way which is negligent in any degree and is injured by a risk incurred only by that way of doing it he is entitled to compensation.8. ..... i deliberately use the word 'incident' because still whether that incident could be an accident within the meaning of the act requires to be decided, which i will do so in the latter part of my judgment. ..... what the workmen's compensation act, 1923, really intends to convey is what might be expressed as an accidental injury ..... the phrase arising out of and in the course of the employment is taken from the english act, originally appearing in the act of 1897. ..... section 3(1) of the act throws the liability on the employer for compensation stating only 'if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the ..... there is no difference between the english and the indian statue as to the type of accident which gives the workman a claim to compensation (see workmen's compensation act, 1923, section 3). ..... also occurs in new-zealand act and has the same meaning as that of the english act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad345
..... the government of india may sue or be sued by the name of the union of india and the government of a state may sue or be sued by the name of the state and may, subject to any provisions which may be made by act of parliament of the legislature of such state enacted by virtue of powers conferred by this constitution, sue or be sued in relation to their respective affairs in the like cases as the ..... the plaintiff instituted the suit in the presidency small cause court, calcutta against the dominion of india on the ground that the east indian railway and bengal and assam railway had their offices at calcutta ..... sought to be supported by a notification of the east indian railway administration, in which it was announced that claims against the bengal and assam railway would be disposed of by an officer of the east indian railway at sealdah, and therefore the dominion of india could be deemed to be carrying on business within the limits of the court's jurisdiction. ..... the latter case related to a claim for damages against the dominion of india in respect of goods consigned on a government railway. ..... it was held by a division bench that the dominion of india could not be said to carry on business in ..... ', : air1950cal207 (j), where the plaintiff sued the dominion of india for damages for short delivery of goods which he had entrusted to the railway administration at aligarh, in the district munsif's court of sealdah, it was found that no part of the cause of action arose within the jurisdiction of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad263; (1950)2MLJ328
..... but with section 107 (2) which lays down that, 'where provincial law with respect to one of the matters enumerated in the concurrent legislative list contains any provision repugnant to the provisions of an earlier dominion law or an existing law with respect to that matter, then, if the provincial law, having been reserved for the consideration of the governor-general has received the assent of the governor-general, the ..... this pronouncement, the central act ii [2] of 1948 was passed repealing ordinance ..... 3, farm security act, trenched upon the exclusive field occupied by the dominion by enacting interest act and as the trenching was not incidental it was ultra vires of the ..... madras agriculturists relief act has been reserved for conside-ration of the governor-general and, therefore, the provisions of that law shall prevail over that of the negotiable instruments act which is the dominion law. ..... they confined their decision to the facts before the court and held that the act in so far as the decree was concerned could not be challenged as invading the forbidden field ..... the provincial legislature of saskatchewan because it was an enactment in relation to 'interest' a matter which by section 91, head 9, british north america act, was within the exclusive legislative power of the dominion parliament. ..... authority for holding that the mere fact that in regard to certain borrowings promissory notes were executed as security would not have the effect of entrenching upon fche dominion field. 4. .....
Tag this Judgment!Court : Chennai
Reported in : 151Ind.Cas.14
..... laid down in broad terms that according to the doctrine maintained by english courts, a bankruptcy in one country has no effect as an assignment or otherwise (except of course, where the bankruptcy takes place under an act of parliament) on land in another country, but this statement is a little broader than the facts warrant there is no reason to suppose that english courts would decline to recognise the extra territorial effect as an assignment ..... there is no provision in any imperial act giving colonial acts as to the vesting of immovables in the trustees of a bankrupt, extra territorial validity the requirement in the bankruptcy act, 1914, that courts throughout the empire should aid each other in effect enables a bankrupt's immovable property to be made available for his creditors in whatever part of the british dominions it is situate subject of course ..... there is no provision in any imperial act giving colonial acts as to the vesting of immovables in the trustee of a bankrupt extra territorial validity the requirement in the bankruptcy act, 1911, that courts throughout the empire should aid each other in effect enables a bankrupts immovable property to be made available for his creditors in whatever part of the british dominions it is situate subject, of course ..... in the latter case the english bankruptcy act of 1869 applied to all her majesty's dominions and the insolvent's title to the property 'in england ..... colony or part of the dominions which had a bankruptcy act of its own. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad519
..... force in that state and the learned judge erred in making a presumption the other way.it was only after travancore acceded to the indian union that by reason of central act 18 of 1945 could the carriage of goods by sea act be made applicable to travancore-cochin along with other acceding states if a notification were issued therefor by the central government and it does not even appear that any such notification ..... this was the tindal's first voyage to tuticorin and he was not familiar with the coastline and local conditions'.....the 'tindal' having decided to anchor near devil's point and acted accordingly it is doubtful if the accident could have been avoided after lowering sail and letting go the anchors as the nature of the sea bed there is sand and ..... rules apply, shall contain an express statement that it is to nave effect subject to the provisions of the said rules as applied by this act"and it is only when a bill of lading is issued and this document contains an express provision that it is subject to the terms of the rules under the act that the rights and obligations of the parties are governed by the stipulations set out in articles ii to iv including the exemptions in favour ..... of the terms of a section corresponding to section 4 of the indian act, did not render the bill ot lading illegal, but that this instrument alone governed their relationship and not the provisions of the statute.a similar view was expressed in a later decision in -- 'canada and dominion sugar co. .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ822
..... the question in this case is whether the district court of coimbatore in the dominion of india has power to execute, after the 15th august, 1947, a decree passed by the court of small causes at karachi in the dominion of pakistan prior to that date and transmitted for execution after that date by that court to the, district court of coimbatore. ..... judgment of the court at karachi passed before then became a foreign judgment in respect of which execution could only be had if the territory in which the decree in question was passed has become, by an arrangement between the two dominions, a reciprocating territory within the meaning of section 44-a of the civil procedure code. ..... it has been, after a careful consideration of the relevant provisions of the indian independence act and the code of civil procedure, there ruled that in circumstances like those of the present case there could be no execution had at the hands of the court in the dominion of india. ..... , in a case reported in dominion of india v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1992Mad282; (1991)IIMLJ211
..... in that case, the appellant (khumbha mawji) entered into an agreement with the respondent, (the dominion of india) (as it then was) to manufacture and supply to the bengal assam railway, stone boulders ..... also to refer to the decision in kumbha mawji's case : [1953]4scr878 , which also refers to section 31 of sub-clause 4 of the act.sections 2(c) and 31 of the act read as follows:section 2(c)''court' means a civil court having jurisdiction to decide the question -- forming the subject matter of the reference if the same has been the subject matter of a ..... to that extent it carves out an exception to the general question of jurisdiction of the court in which award may be filed elsewhere provided in the act in respect of the proceedings referred to in sub-section (4) will have an overriding effect in relation to the filing of the award, if the ..... the meanwhile on 17-8-1949, the respondent dominion of india made its first application ..... in the meanwhile, the respondent, dominion of india, after receiving the notice issued to them by calcutta high court, filed an affidavit stating their objections to the jurisdiction of calcutta high court and to ..... , the respondent, dominion of india filed the ..... on appeal by the respondents, dominion of india to the division bench, the learned judges reversed the judgment of the learned single judge and held that there had been ..... both parties, which was served on the respondent, dominion of india on 2-9-1949. ..... respondent, dominion of india ..... dominion of india : [1953] .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... conclusions so far are correct, it would inevitably follow that this application would have been allowed, had it been filed under the guardians and wards act, before the district court of vizagapatam where the minors are residing; but it is maintained that as the petitioner has chosen to move the ..... i have had, with considerable reluctance, to come to the conclusion (should a finding on the facts become necessary) that the court of wards has not acted 'bona fide', (i say so with sincere respect) as that term has been explained by sir francis jeune, or 'with judgment and discretion', in the words ..... used in an imperative sense:the conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us, or in equivalent language - whenever the public interest or individual rights call for its exercise - the language used, though permissive in form, is, in fact, peremptory ..... act of 1784 leaves the question still untouched, although it legislates for the full exercise of all sovereign powers in territory that in 1773 was clearly not yet a part of the ..... act of 1813, there was still room for doubt whether the native inhabitants of those possessions were british subjects within the meaning usually attached to that term by acts of parliament and whether their status did not more nearly resemble that of natives of the territories in africa which are under protection but have not been formally incorporated in the british .....
Tag this Judgment!Court : Chennai
Reported in : (1920)38MLJ149
..... namely, whether section 17, clause 3, applies at all to a document executed out of british india by persons domiciled out of british india, i am inclined to agree with the contention of the learned advocate general that section 17 of the registration act which makes compulsorily registerable certain documents (compulsorily registerable documents being under section 49 incapable of affecting immoveable property or conferring power to adopt or of being received in evidence unless so registered) was intended to deal only (a) with documents ..... now the rights of this plaintiff and the other members of the family as co-parceners or tenants-in- common or as preferential heirs to the zamindar's widow and daughter have in my opinion become barred and extinguished under the limitation act, but the widow and daughter having taken as preferential heirs to the other members of the family, i do not think the rights of the other members of the family to succeed on failure of the daughter's line have ..... for the defendant it was argued (a) that exhibit xxv having been executed in the nizam's dominions by nayini venkataramayya domiciled in the nizam's territory to his wife latchamma who of course was also domiciled in that territory like her husband, section 17 of the indian registration act, clause 3, which makes the authority to adopt a son compulsorily registerable did not apply at all to exhibit xxv as section 17, clause 3 must according to reasonable rules of interpretation be confined to .....
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