Court : Supreme Court of India
Reported in : I(1996)ACC536; 1996ACJ1125; 1996IIIAD(SC)267; [1996]86CompCas522(SC); JT1996(4)SC32; 1996(2)SCALE845; (1996)3SCC446; [1996]3SCR440; 1996(1)LC838(SC)
..... the trial judge dismissed the claim holding that squires was wholly to blame for the accident since the broken down lorry was adequately lighted and, if squires had kept a proper look-out, he would have seen it some 400 yards away thereby giving himself sufficient time to take avoiding ..... was driving late at night a truck trailer which bore upon it very heavy machinery that protruded one and a half feet on either side of the bed of the trailer and the protrusion was not clearly marked cut by red lights or reflectors thereon for oncoming vehicles to plainly notice. ..... assuming, therefore, that the truck was being driven on the extreme left of tarred road, it was occupying thirteen and a half feet of its twenty-four foot width, and for this purpose we assume that the one and a half foot over-hang of the dumper on the left was over the mud shoulder. ..... of the truck trailer managed it in a way which caused it to occupy atleast thirteen and a half feet of the twenty-four foot wide tarred highway. ..... of the driver of the truck is that he had put red lights and flags on either side of the truck trailer. ..... not make anything clear about the existence of red lights or flags either side of the lorry. ..... he states that he had kept red lights and flags on either side of the ..... was submitted that the driver of the truck trailer had taken all precautions by way of showing red lights and flags. ..... upon it was 15 feet wide so that it protruded beyond the width of the trailer by one and a half feet on either side. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR4170; 2007(1)KarLJ477
..... defendants - respondents have not urged any other ground.in the light of the above discussion and also in the light of the well settled law, the plaintiffs-appellants are entitled for half share in the suit schedule property bearing r.s. no. ..... as far as the contention of abandonment or relinquishment of the light by the plaintiffs on the ground of not cultivating the land nor performing any service in the village office, does not exclude the plaintiffs' branch from claiming the partition of the land attached to the ..... also found that plaintiffs have proved that they are entitled for partition and separate possession to the extent half share over the suit schedule property except r.s.no. ..... the plaintiff further prove that they are entitled for partition and separate possession to the extent of half share over the suit scheduled properties?3. ..... now in the light of the abolition of the village office, in the light of the resumption of the land in the state and regrant of the same in favour of one of the members of the joint family, succession by survivorship, the junior branch of the joint family would also become entitle to ..... 2/appellant is also entitled for half share in the suit schedule property ..... 1 is having half share in the said property, plaintiffs have got half share in respect, of ..... in the light of the decisions referred to above, it is clear that even though the land is regranted in favour of one of the members of the joint family, it enures to the benefit of other members of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad151
..... view of the said clause and has held that as the motor vehicle in this case is an auto-rickshaw and as the driver had a licence to drive a light motor vehicle, which includes auto-rickshaw, the driver should be taken to have a valid licence for driving the vehicle. ..... valid licence to drive that vehicle, the tribunal took the view that as the driver of the auto-rickshaw has been shown to have possessed a licence for driving a light motor vehicle and the auto-rickshaw being a light motor vehicle, the driver should be taken to have possessed a valid driving licence to drive an auto-rickshaw. ..... has rot referred to the definition of the transport vehicle though it refers to the definition of the light motor vehicle, as also the special requirements under section 3 for getting authorisation to drive the auto-rickshaw ..... the court has taken the view that even though the driver had a licence to drive a light transport vehicle, he had to obtain a special endorsement to drive such a vehicle as a ..... present case, the learned counsel for the claimants (respondents 1 to 5) contends that in that decision the court has not given due consideration and weight to the definition of a light transport vehicle and that it had given an unnecessary emphasis on s. ..... the mere licence to drive the light[motor vehicle, which includes an auto-rickshaw, will not enable the holder of that licence to drive an auto-rickshaw as a public carrier, for, that requires a special authorisation under the later half of section s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC125; 2008(13)SCALE356; 2008AIRSCW7026
..... the appellant gave three injections to buddha ram and within half an hour, the colour of his body went blue and he died in the clinic of the appellant. ..... it was submitted that the father of the complainant was admitted to the clinic of the appellant, the appellant gave injections and within half an hour, the patient lost his life. ..... if in the light of the above facts and circumstances, proceedings have been initiated against the appellant for an offence punishable under section 304a, ipc (though not under section 304, ipc), it cannot be said that no such action ..... in the light of the above test, the court stated;judged by this standard, a professional may be held liable for negligence on one of two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did ..... the allegation of the complainant which has been corroborated by statements of other eye-witnesses is that immediately after administration of three injections, the colour of the body of buddha ram turned into blue and within half an hour he died. ..... the complainant's elder brother approached the duty nurse who tried to contact a doctor, but no doctor was available for about half an hour. ..... within half an hour, buddha ram died. .....
Tag this Judgment!Court : Gujarat
Reported in : 1988(35)ELT88(Guj); (1988)1GLR388
..... a mistake, and for that mistake, hard pressed middle class citizens and under privileged, half-clad starving poor millions of the country should be made to suffer. ..... express language of the plaint and especially in the light of the prayer clause, such case is totally ruled ..... all the paras or the plaint, read as a whole, in the light of the clear-cut averments in the prayer clause, completely rule out such ..... to reproduce what is stated in para 19 of the report in the light of the decision of the supreme court in s. p. ..... such a plea which is to be answered in the light of the main averments in the plaint cannot be said to be one which raises any mixed question ..... the division bench judgments of this court require reconsideration at least the light of the aforesaid supreme court decisions. 6. ..... as observed above, in the light of the legal requirements of section 72, relevant averments in the plaint as considered in detail by us, fall far short of the requirements of section 72 and as these basic requirements are not pleaded, there is absolutely no cause of action in ..... in the light of the aforesaid observations in that case, the division bench took the view that the appeal filed by the defendant, union of india, representing the excise department was required to be allowed ..... in the light of the averments found in the plaint, therefore, it must be held that it does not disclose any completed cause of action under section 72 of the act and, therefore, such a plaint was liable to be rejected .....
Tag this Judgment!Court : Gujarat
Reported in : [1988]174ITR77(Guj)
..... it was submitted that the division bench judgments of this court require reconsideration at least the light of the aforesaid supreme court decisions.we shall now proceed to deal with the aforesaid controversy posed our consideration in the present proceedings and the efficacy of the rival versions centering round this controversy.so far as ..... manufacturers) to commit a mistake, and for that mistake, hard pressed middle class citizens and under privileged, half-clad starving poor millions of the country should be made to suffer. ..... on the express language of the plaint and especially in the light of the prayer clause, such case is totally ruled out ..... all the paras or the plaint, read as a whole, in the light of the clear-cut averments in the prayer clause, completely rule out such type of ..... is also interesting to reproduce what is stated in para 19 of the report in the light of the decision of the supreme court in s. p. ..... such a plea which is to be answered in the light of the main averments in the plaint cannot be said to be one which raises any mixed question of law or ..... leathem [1901] ac 495 (hl))'.in the light of the aforesaid discussion and observations made by the supreme court itself, the decision in the case of kanhaiya lal, : [1959]1scr1350 , and ..... the half-clad, half-fed, under privileged teeming millions of this country and the middle class citizens who are hardpressed on account of the continuous rise in cost of living pay the taxes on the commodities and articles of day-to-day .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ608
..... vaidhyanatha iyer for the respondent urges that the plaintiff only seeks a half share in this site which may at the time of partition exclude any building on the site at all. ..... the learned district munsiff should not have so lightly admitted a second plaint on his file, seeking precisely the same relief on the same land after having returned the first plaint for presentation to a higher court. ..... the learned district munsiff, however, admitted the plaint which was, in due course, rightly objected to by the court-fee examiner on the ground that court-fee should be paid on half the market value of the site, including the buildings thereon. ..... the correct court-fee payable on this suit is on half the market value of the entire site under section 7, clause v(e). ..... this argument is untenable as if an undivided half share in the land is sought in the suit; the land as a whole has to be valued for purposes of both court-fee and jurisdiction.3. ..... subsequent to his death, the first defendant, which incidentally is a nadar trust institution, purchased the other half share from thillaiammal in 1919. ..... malayappa in his lifetime sold a half share in the suit property which is a plot of land 266 acres in extent in the village of usilampatti in mathurai district. ..... it is this half share which the plaintiff as a distant reversioner seeks to recover. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad410
..... 24q5 that 'everybody knows that sometimes half a truth is no better than a downright falsehood' would seem relevant to the presentation in the prospectus of this matter of the assignment of the accused's rights and interests to the investment trust; and the observation of lord halsbury in 1896 a. c. ..... , is on the face of the prospectus itself a half truth intended to deceive and no better than a downright falsehood. ..... ) i return now to the prospectus in order that it may be considered in the light of all the circumstances. ..... and everybody knows that sometimes half a truth is no better than a downright falsehood. ..... in the light of the circumstances, in my judgment, the failure to disclose that the accused were in arrears with their payments and that the agreement might be cancelled for that reason was also intended to deceive and a deliberate suppression of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD541; III(2004)BC87
..... fact that a notice had been issued even prior to the institution of the suit to which there was no reply and also in the light of the fact that part payment made which should be taken advantage by the petitioners for the purpose of deducting the suit claim, taking a stand denying the said part payment would definitely go to show that ..... 10 lakhs on 30-11-1996 would not save the period of limitation is just a sham or an illusory defence and most probably in the light of the peculiar facts, the learned judge had just exercised discretion in a particular way and had directed deposit of a sum of rs. ..... but, definitely there may be certain exceptional cases where the court is satisfied that a vague plea in a half hearted way had been taken and prima facie the court is satisfied that there is no substantial defence and virtually the claim is otherwise admitted. ..... court being of the view that the defendant may not be in a position to deposit the entire sum and would not be able to avail of the opportunity to defend given by the trial court directed the defendant to deposit half the amount claimed in the suit as that would sufficiently safeguard the interests of the plaintiff. ..... as reflected from the respective affidavits filed in support of the applications, in my considered opinion, appears to be only with a view to raise the question of limitation for the purpose of contesting the matter and nothing more especially in the light of the peculiar facts and circumstances. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALT52
..... these circumstances the plaintiff was chosen to perform the obsequies and funeral ceremonies of the deceased achayya and as such out of love and affection the defendant gifted half of her property received from her father under a registered gift deed to the plaintiff and a gift deed was executed by the defendant on 09.8.1954. ..... the learned counsel also had further taken through the evidence available on record and would submit that in the light of ex.a-1 and also the other oral evidence and further in the light of ex.a-5, deposition of the finger print expert, the concurrent findings recorded by both the courts below cannot be found fault in any ..... counsel pointed out to the concurrent findings recorded relating to the factual aspects of both the courts below and also would further submit that in the light of the same, the plea of adverse possession also cannot be sustained, and at the best, in the light of the understanding it may be said that the possession is just permissive and nothing beyond thereto. ..... learned counsel representing the appellant-defendant would contend that the evidence on the aspect of oral arrangement said to have been made is inadmissible in evidence in the light of the specified bar imposed under section 92 of the indian evidence act, 1872. ..... 2006 air scw 2404 and would contend that in the light of the limitations placed on this court by virtue of section 100 of the code, this court normally not to interfere with the concurrent findings recorded by both the .....
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