Court : Kerala
Decided on : Jul-05-1989
Reported in : II(1989)ACC593
..... relates to the limit of the liability of the insurer of the stage carriage bus. this naturally turns on the provisions of section 95 read with section 94 of the motor vehicles act. sub-section (1) of section 94 states that no person shall use except as a passenger or cause or allow any other person to use a motor vehicle ..... sentiment, but damages based on compensation for a pecuniary loss. 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 estate. the court was dealing with the ..... lay for causing injuries, an anomaly which was abolished by statute. the indian fatal accidents act is almost a replica of the english statute known as lord campbell's act. according to section 1a of the act, whenever death of a person is caused by wrongful act, neglect or default, the party who would have been liable, if death had not .....
Tag this Judgment!Court : Delhi
Decided on : Jul-06-1989
Reported in : 1989(17)DRJ100; 1989RLR372
..... dixit. in view of the aforesaid facts, it is further stated that the marriage between the petitioner and the respondent is also null and void under section 11 of the said act and is liable to be declared so by a decree of nullity because the respondent had spouse i.e. ashok dixit living at the time of ..... and the petitioner and the respondent never lived as husband and wife. the court is, thereforee, satisfied that the conditions mentioned in clause (a) of section 15 of the special marriage act for resignation of the marriage were not fulfillled. in the aforesaid circumstances, the court is satisfied that the registration of the so-called marriage between the ..... decreed and it was declared that the marriage certificate was of no effect as the registration was in contravention of clauses (a) and(d)of section 15 of the special marriage act. as i have already stated the contention of the petitioner-appellant before me was that even if the marriage certificate bad been declared as null and .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jul-06-1989
Reported in : (1989)(25)LC201Tri(Delhi)
..... other hand, contends that since no survey was held before the goods left customs control, the evidence produced in this behalf was not acceptable.16. section 22 of the customs act deals with abatement of duty on damaged or deteriorated goods. such abatement is permissible if the damage or deterioration had occurred at any time before or ..... 3733/88) which had been filed as a revision application before the central government and has come to this tribunal as a transferred proceeding in terms of section 131b of the customs act, 1962. the other appeal bearing no. c.1486/84-d has been directly filed in this tribunal and the facts are similar.2. we have ..... jullundur (hereinafter referred to as "the appellants") imported certain consignments of corkwood at the port of bombay. they were charged to additional duty of customs under section 3 of the customs tariff act, 1975, at 8% ad valorem corresponding to the duty of excise leviable on goods falling under item no. 68 of the first schedule ("cet", for .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-1989
Reported in : (1990)2CALLT149(HC),[1989(59)FLR804],(1990)IILLJ326Cal
..... have been obtained will not be relevant matters for consideration by the tribunal in considering an application for representation under section 36(1) and section 36(2) of the act. once the qualifications under section 36(1) and section 36(2) are fulfilled prior to appearance before tribunals there is no need under the law to pursue the ..... matter in order to find out whether the appointments are in circumvention of section 36(4) of the act. motive of the appointment cannot be made an issue before the tribunal'11. the learned tribunal in his judgment quoted the above relevant portions ..... irrelevant to the association like the employers' association, that person even if he is a legal practitioner, on fulfilling the conditions of section 36(1) and section 36(2) of the industrial disputes act, 1947 is entitled to represent either the workmen or the employer before the learned tribunal.8. an affidavit-in-opposition has been filed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-07-1989
Reported in : 1990MPLJ28
..... decided on 10-2-1981 by civil judge, class ii, mungavali. in the appeal, it was contended that as per section 127a(2)(b) of the act, no property tax for house no. 26 of ward no. 2 and house no. 9a of ward no. 1 of ..... exceeding rs. 1,800/-, the rate of tax for each unit shall be as contemplated under the table annexed to sub-section (1) of section 127a and in the matter of determining of rate applicable to the several units, the proviso has no role at all.12 ..... in the municipality. the proviso expressly manifests its 'deeming' object in respect of that factor, in relation to only clause (b) of section 127a(2), namely, the exemption contemplated thereunder. the deeming object touches 'annual letting value'; and not the 'owner'. but, the legal ..... nagariya sthawar sampatti kar adhiniyam, 1964, as also the proviso are in pari materia with that of clause (b) of section 127a(2) of the act and its proviso.5. at para 7 of the report in nihalkaran (supra), it was observed, 'while assessing the tax .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-07-1989
Reported in : [1991]70CompCas38(Kar)
..... for winding up the company in question as well as the official liquidator. therefore, the question which falls for determination by this court is : whether section 22 of the act is attracted to the facts of the case where the court has already passed a winding up order and, therefore, the prayer in the application may ..... if an order in winding up is made appointing the official liquidator or a receiver, then also by virtue of section 31 of the act, the proceedings of winding up will continue notwithstanding the act as mandated under section 31 of the act, which reads as follows : '31. saving of pending proceedings. - where a receiver or an official liquidator has ..... to stop further proceedings pursuant to the winding up order made by this court on june 3, 1988, in view of section 22 of the sick industrial companies (special provision) act, 1985 (hereinafter referred to as 'the act'). 2. the undisputed facts are these : company petition no.6 of 1988 was filed by a creditor seeking an order .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-1989
Reported in : 1990CriLJ228
..... this power should be invoked, but not otherwise.24. in that view of the matter, i hold the publication not to be within the ambit of section 2(e)(iii) of the contempt of courts act, though, however, the language used could have been better, polite and sober rather than the one which has been used by the writers of the ..... justice : and (b) lowering the dignity of this court. incidentally the above-noted two counts fall within the definition of criminal contempt in terms of section 2(c)(iii) of the contempt of courts act, 1971. the issue, therefore, before this court is as to whether these articles in fact scandalised or lowered the authority of court or there is any ..... 1295.relying thereon, however, it was contended that the court must come to a definite finding, in order to bring home the charge of contempt within the meaning of section 2(c)(iii), that the court's decision was affected by reason of the publication. whilst on this aspect of the matter, the speech of viscount dilhorne in the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-10-1989
Reported in : 1990CriLJ2403; (1989)2GLR617
..... liquor is concerned, that activity does not fall within the scope of expression bootlegging as defined under the provisions of pasa. the term 'bootlegger' occurring in section 2(b) of pasa takes within its sweep storing, manufacturing, transporting, importing, exporting, selling or distributing any liquor, intoxicating drug or other intoxicant in ..... of detention dated february 9, 1989 passed by the detaining authority (commissioner of police, ahmedabad city) under the provisions of section 3(2) of the gujarat prevention of anti-social activities act, 1985 (for short 'pasa').2. it is alleged in the grounds of detention supplied to the petitioner detenu that in ..... not take within its sweep consumption of any of these substances. therefore, eight cases registered against the petitioner under the provisions of section 85(1)(3) of the bombay prohibition act, 1949 on the allegation that the petitioner was found drunk in public place could not have been relied upon by the detaining authority .....
Tag this Judgment!Court : Delhi
Decided on : Jul-10-1989
Reported in : 1991ACJ266; 41(1990)DLT80; 1989RLR346
..... suddenly found being faced with the cycle riders he did take a little turn towards the right. now that apart, it is admitted that respondent no. 1 was prosecuted under section 338 indian penal code . for rash and negligent driving in respect of this very incident and be was convicted in that case. there is hardly any scope, therfore, for any .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-10-1989
Reported in : 1990ACJ560
..... appeal and the cross-objections are:(1) whether the insurance company is entitled to claim that its liability is restricted to rs. 50,000/- as contemplated under section 95 (2) of the act?(2) whether the insurance company is entitled to question the quantum of compensation awarded by the tribunal?(3) whether the cross-objections filed by the claimants are ..... of the different high courts to show that it is a well settled law that the liability of the insurance company is limited to the amounts specified under section 95 (2) of the act.14. the decision in united india fire & genl. ins. co. ltd. v. pallamparty indiramma 1982 acj 521 (ap), deals with a case where the claimant ..... amount payable by an insurer in respect of each passenger who has suffered on account of the accident. this appears to us to be a fair construction of section 95 (2) of the act as it existed at the time when the accident took place. the decision reported in jaddoo singh v. malti devi 1983 acj 747 (allahabad), deals with .....
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