Court : Supreme Court of India
Reported in : AIR1992SC573; 46(1992)DLT290(SC); JT1991(6)SC373; 1992LabIC332; (1992)ILLJ475SC; 1991(2)SCALE996; (1992)1SCC441; [1991]Supp2SCR267; 1992(1)LC111(SC)
Ranganath Misra, C.J.1. I have had the advantage of perusing the draft judgments prepared by my learned brethren Punchhi and Ramaswamy, JJ. While Justice Punchhi has gone by the literal construction of the statute, brother Ramaswamy has tried to find out the spirit of the legislation and with a view to conferring the benefit on the workmen, has adopted a construction different from the reported decision of this Court.2. I agree with Justice Punchhi that the appeals should be dismissed and the judgment of the Division Bench should be sustained. At the same time, I would like to add that the legislative intention should have been brought out more clearly by undertaking appropriate legislation once this Court took a different view in the decision referred to in brother Punchhi's judgment. The legislation is beneficial and if by interpretation put by the Court the intention is not properly brought out it becomes a matter for the legislature to attend to.M.M. Punchhi, J. :3. The sole questi...
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR754
..... ) the learned state prosecutor also relied upon a decision of the madras high court in s. dharmar and ors. v. state by the inspector of police, thiipuvottiyur police station and ors., 1986 madras law journal 75 regarding non-mention of the name of the accused in the f.i.r. the madras high court ..... public justice is to be promoted, mechanical detention should be demoted'. further, 'fleeing justice must be forbidden but punitive harshness should be minimised'. again, 'police exaggerations of prospective misconduct of the accused, if enlarged, must be soberly sized up lest danger of excesses and injustice creep subtly into the discretionary curial technique ..... factors apart from others.' in gudikanti narasimhulu and ors. v. public prosecutor, high court of andhra pradesh, : 1978crilj502 the supreme court held thus: 'police exaggerations of prospective misconduct of the accused, if enlarged, must be soberly sized up lest danger of excesses and injustice creep subtly into the discretionary curial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom457; 1992(1)BomCR590; 1992(1)MhLj883
ORDER1. This petition raises two questions of law in view of the preliminary objection raised on behalf of the respondents as to the maintainability of this petition and it has, therefore, become necessary to deal with the said two questions at the admission stage itself. The said two questions of law are :--(i) whether the preparation of the list of voters for elections to the Managing Committee of a specified Society in accordance with the provisions of the Maharashtra Co-operative Societies Act 1960 and the Maharashtra Specified Co-operative Societies Elections to Committees Rules 1971 is an intermediate stage in the process of election; and(ii) if the answer to the first question is in the affirmative, whether this Court should interfere in a petition under Art. 226 of the Constitution of India and hold up the election process or whether it should leave the parties to raise the necessary dispute by way of a substantive election petition as provided for under S. 144T of the Maharash...
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker257
Shamsuddin, J. 1. Petitioner in O.P, (Lunacy) No. 159 of 1980 on the files of the District Court, Thiruvananthapuram is the appellant. 2. Appellant filed the above application under Sections 40, 41, 42, 62 and 63 of Indian Lunacy Act IV of 1812 (hereinafter referred to as the Act), seeking to declare that his father's sister, Pathummal Beevi Kunju is a lunatic and to appoint the petitioner as the guardian of her person and properties. There is also a prayer in the petition to declare that the decree passed in O.S. NO. 91 of 1975 on the file of the Munsiffs Court, Nedumanged is void and will not bind the lunatic or her properties. The application was dismissed by the learned District Judge stating that questions were put to her by him and on a perusal of the answers given by her, he was not satisfied that she was of unsound mind. In this M.P. Appeal, appellant has challenged the order of the court below. 3. The aforesaid Pathumal Beevi Kunju is a widow. The father of the petitioner was ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ693
..... 582 have been quoted with approval on the rule of pith and substance. reliance is also placed on a full bench decision of gauhati high court in the case of border security force v. state of meghalaya, air 1989 gauhati 81.30. learned counsel appearing for the state disputed the contention of the petitioner that the 'appropriate government' on the subject .....
Tag this Judgment!Court : Chennai
Reported in : II(1992)DMC180
..... the meantime, one t. paul durai, brother of the deceased selvi resorted to the present action before this court, impleading the commissioner of police, madras; inspector of police, j-7 velachery police station, madras and c.b., c.i.d., madras respectively as respondents 1 to 3 praying for a direction to the first respondent ..... of a crime and the appellant who was the additional district magistrate (judicial) was named therein as principal accused. the offences mentioned were cognizable and the police after registering the case, started investigation. the appellant applied to the judicial magistrate for invocation of the provisions ofsection 159 cr.p.c. and for ..... sphere of activity in the field of crime detention and crime punishment. investigation of an offence is the filed exclusively reserved for the executive through the police department, the superintendence over which vests in the state government. the executive which is charged with a duty to keep vigilance over law and order .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR188; (1992)94BOMLR338
M.L. Pendse, J.1. The petitioner No. 1 is partnership firm of which petitioner No. 2 is a partner. The firm carries on business as manufacturers of PVC film, tubings and laminated cotton fabrics in their factory situated at Thane Industrial estate, Thane. Respondent No. 1 is a Municipal Corporation of City of Thane, constituted under Bombay Provincial municipal Corporations Act, 1949. Section 127 of the Act confers powers on the Corporation to impose diverse taxes including levy of octroi duty. In exercise of powers conferred by sub-section (2) of section 321 read with the proviso to sub-section (1) of section 105 of the Act, the Government of Maharashtra has framed rules known as the Maharashtra Municipalities (Octroi) Rules 1968. Schedule I to the rules set out the goods which are liable to octroi on being imported within the octroi limits of the Corporation for sole, use or consumption. Item No. 40 which falls under Class III i.e. the articles used for fuel, lighting, washing and in...
Tag this Judgment!Court : US Supreme Court
Estate of Cowart v. Nicklos Drilling Co. - 505 U.S. 469 (1992) OCTOBER TERM, 1991 Syllabus ESTATE OF COWART v. NICKLaS DRILLING CO. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 91-17. Argued March 25, 1992-Decided June 22,1992 Floyd Cowart, whose estate is the petitioner, was injured while working on an oil drilling platform owned by Transco Exploration Company (Transco), in an area subject to the Longshore and Harbor Workers' Compensation Act (LHWCA or Act). The Department of Labor gave respondent Compass Insurance Co. (Compass), the insurer for Cowart's employer, respondent Nicklos Drilling Company (Nicklos), an informal notice that Cowart was due permanent disability payments, but none were ever made. In the meantime, Cowart settled a negligence action with Transco, which Nicklos funded under an indemnification agreement with Transco. However, Cowart did not secure from Nicklos or Compass a formal, prior, written approval of the settlem...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT713
ORDERM.N. Rao, J.1. In this batch of cases common questions arise for consideration and so we are inclined to deal with them by this common judgment. Writ Appeal No. 1402 of 91 is from the order of our learned brother Sivaraman Nair, J., in W.P.No. 15595 of 91 dismissing the writ petition filed by Dr. A.S. Chandra, a private medical practitioner running Sarada Nursing Home in Chirala, Prakasam district. The wife of the fourth respondent received treatment as an out patient between 15-7-91 and 26-7-91 at Sarada Nursing Home for Epigastrium and Chest pain and Nausea. After routine tests were conducted she was admitted as an inpatient on 26-7-91 and operated for Cystectomy, Hystrectomy and Appendectomy. When Laparotomy test was conducted upon her on 15-8-91 it was found that she developed Peritonitis. The nursing home collected Rs. 500/- towards medical fee and Rs. 200/- each for the anaesthetist and two surgeons, Rs. 1,100/- in all. The patient had to be removed to the Government Hospita...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLN442
N.K. Jain, J.1. This is defendant's first appeal arising out of the judgment and decree passed by learned District Judge, Merta dated 17.8.87 whereby he has decreed the suit filed by the plaintiff.2. The brief facts of the case are that the respondent Amra filed a suit for cancellation of sale deed dated 27.6.73 and for declaration and possession of the suit land. According to the plaintiff-respondent, originally the property stood in the name of one Kana father of Bheru and after the death of Kana in Samvat Year 2002, the property came in the hands of Bheru as ancestral property. It was alleged that the plaintiff was adopted by Bhura by a registered adoption deed dated 31.7.58. It was alleged that sale deed executed by his adoptive father Bheru @ Bhura with regard to Khasra No. 655 and 655/1 situated at Mithri village, Tehsil Nawa was ineffective and not binding on plaintiff as he gets right in the ancestral property. It was alleged that the sale was not for legal necessity of the fam...
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