Court : Allahabad
Decided on : Aug-06-2008
Reported in : 2009(1)AWC362
Amitava Lala, J.1. This appeal is arising out of the judgment and order dated 1.5.2008, passed by the concerned Motor Accidents Claims Tribunal, Jhansi, awarding a compensation of Rs. 1,40,000 alongwith interest @ 6% per annum on account of injuries of the claimant.2. It has been contended before us by the appellant/insurance company that the medical certificate, which has been given by the medical practitioner of the community health centre could not be said to be appropriate medical certificate for the purpose of ascertainment of disability of 45%.3. It is pertinent to mention that normally we consider the validity of the certificate to be issued by the office of the Chief Medical Officer of the district, if there is signature of more than one medical practitioners by following the principle plurality causes genuinity. Learned Counsel has shown us a circular letter dated 26.8.1986 to that extent. After going through the same, we find that the same is not needed for consideration for ...
Tag this Judgment!Court : Kolkata
Decided on : Aug-07-2008
Reported in : (2008)IVCALLT5(HC)
..... or union territory in india on the date of advertisement for the examination; (iv) ability to read, write and speak in bengali (not required for recruitment in the case of nepali speaking candidates from hill areas of the district of darjeeling).10. mr. arunava ghosh, appearing as learned counsel for the writ petitioner, first invited attention of the court to the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-08-2008
Reported in : 154(2008)DLT346
Manmohan Singh, J.1. This Appeal has been filed against the impugned order dated 23rd July 2001 passed by the learned Single Judge of this Court in I.A. No. 2467 and 2468 of 2000 in Suit No. 2480/98 whereby the application of the Defendant under Order 7 Rule 11 read with Section 151 CPC was allowed and the plaint as such was rejected mainly on the ground that the suit is barred by strict provisions and rigours of Sub-section (1) of Section 86 of the Code of Civil Procedure and the suit is not maintainable under Order 7 Rule 11(d) of Code of Civil Procedure.2. In the nutshell, brief facts for deciding the appeal are that on 12th November, 1996, there was a mid air collision of Saudi Arabian Airlines Boeing 747 ( flight SV 763) with Kazakistan Airlines near Charkhi Dadri, Haryana. One Ms. Farah Mumtaz was a passenger on board of Saudi Arabian Airlines. She died as a result of the said collision. The plaintiffs are the legal heirs of deceased Farah Mumtaz and claim compensation and damage...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2008
Reported in : JT2008(8)SC650; 2008(11)SCALE233; 2008AIRSCW6322
P. Sathasivam, J.1. Challenging the order of the High Court of Judicature at Allahabad dated 19.9.2002 in Criminal Appeal No. 812 of 1980 acquitting Kishanpal Singh, Suresh Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused Nos. 2, 4, 7, 8, 9 & 10), the State of Uttar Pradesh has filed this appeal.2. The case of the prosecution is as follows:On 21.6.1978 at 3.30 p.m., the sixteen accused persons gathered at the door of Gyan Singh and made a criminal conspiracy for killing Kaptan Singh and Raj Mahesh as they were harassing them unnecessarily. At about 4.00 P.M., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused Nos. 1to10) reached at the place of occurrence with firearms. Onkar Singh (Accused No. 1), Naresh Singh (Accused No. 5), Daulat Singh (Accused No. 6) and Sheodan Singh (Accused No. 9) had guns while others had country-ma...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-20-2008
Reported in : 2008(11)SCALE504; 2008(2)LC1133(SC); 2008AIRSCW5914
Mukundakam Sharma, J.1. These appeals, which are filed by the complainant, are against an order of acquittal passed by the Patna High Court on 9th August, 2000, whereby the Division Bench acquitted the respondents while allowing the appeals filed by them questioning the judgment of conviction and sentence passed by Additional Sessions Judge II, Gaya on 22nd December, 1997 in Sessions Tr. Nos. 177/1995 and 134/1995.2. Satendra Sharma, respondent No. 1 in Crl. Appeal 553/2001 was tried for offences punishable under Section 364, Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC') and Section 27 of the Arms Act, 1959 while Pankaj Sharma and Ramakant Sharma, respondent Nos. 1 and 2 respectively in Crl. Appeal 554/2001 were tried for offences punishable under Section 364, Section 302 read with Section 34 IPC for murder of one Ajay Sharma (hereinafter referred to as the `deceased'). The trial court found that all the three respondents are guilty and sentenced ...
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-2008
Reported in : 2008(6)ALLMR817; 2009(1)MhLj371
P.B. Majmudar, J.1. Rule. Learned Assistant Government Pleader waives service of Rule on behalf of the respondents. With the consent of the learned Advocates, rule is made returnable forthwith.2. By filing this petition, the petitioner, who is a student, has raised an important issue for consideration of this Court as to whether at the time of taking Common Entrance Test ('CET' for short) examination, any deviation can be made by the respondents in the matter of giving marks contrary to Rules and instructions given in this behalf.3. The petitioner has cleared her HSC Examination from the Maharashtra State and Higher Secondary Education Board, Pune and secured 62% marks in the subjects of Physics, Chemistry and Biology. The State of Maharashtra, for the purpose of admission for medical and dental courses framed rules and introduced CET. As per the said Rules, the duration of the examination is three hours. The method of answering the questions is also prescribed in the Rules. As per the...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2008
Reported in : AIR2009SC552; JT2008(9)SC263; 2008(11)SCALE607; 2008(3)Crimes343; 2008(6)Supreme256
Arijit Pasayat, J.1. Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court accepting the appeal filed by the respondents who were found guilty of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC'). The High Court held that if on taking overall view of the case right of self defence is made out or looks probable from the evidence on record, that right should not be construed narrowly because the right of self defence is a very valuable right and it has a social purpose.2. Background facts as projected by prosecution in a nutshell are as follows:The incident occurred on 12.7.1978 at about 5.30 a.m. The respondents 1 and 2 are brothers and sons of Sheo Balak Misra. On the aforesaid date and time the accused respondents armed with knife and lathi respectively arrived at the `Gotha' of the Mohan Mishra (hereinafter referred to as the `deceased') and accused Hari Shanker started beating the de...
Tag this Judgment!Court : Kolkata
Decided on : Aug-26-2008
Reported in : 2008(4)CHN608,LC2008(3)319,2009(41)PTC689(Cal)
Sanjib Banerjee, J.1. The parties jostle for more leg-space on the Ayurveda bandwagon as it chugs its way to the Occident with its load of mystique and oriental herbs and spices. The plaintiff asserts its exclusive right over the word mark 'Ayur' on the strength of a black and white label registration showing the word 'Ayur' in an unremarkable font with an elliptical band around it. Such label is registered in many classes. The word mark 'Ayu' is registered in favour of the plaintiff in class 5 covering medicinal and like products. On the strength of the word 'Ayur' being the most prominent part of the plaintiff's label registrations and its proprietary right to the word 'Ayu', the plaintiff seeks to stop the defendant's use of any trademark carrying any part of either word over which the plaintiff claims exclusivity.2. Both parties are substantial. The plaintiff's impressive sales figures and advertisement expenses are matched by the defendant's substantial reputation and noticeable p...
Tag this Judgment!Court : Patna
Decided on : Aug-28-2008
Samarendra Pratap Singh, J.1. Heard learned Counsel for the petitioner and learned Additional public prosecutor for the State of Bihar.2. In the instant writ petition, the petitioner has prayed for a direction to the respondents to pay heavy compensation as he was detained for a period of two years and odd, over and above the sentence he was awarded under sections 379 and 411 of the penal code by the trial court, namely, Sub Divisional Judicial Magistrate, Bettiah, West Champaran.3. Short facts giving rise to this writ petition are as follows:- On the written report of one Rabindra Jha dated 7.3.2002, Bettiah Town ps case No. 94 of 2002 was registered for offences under sections 341, 323, 379, 411, 384/34 of the penal code. The informant alleged that on 7.3.2002 while he was going to deposit a sum of Rs. 1570/- collected from sale of attendance sheet of Bar Association, Bettiah, the accused petitioner and one unknown person snatched his money and a packet containing some forms. On hal...
Tag this Judgment!Court : Delhi
Decided on : Aug-29-2008
Reported in : 153(2008)DLT92
P.K. Bhasin, J.1. This appeal has been filed by the two appellants, who are real brothers, against the judgment dated 21.11.2001 and order dated 22.11.2001 passed by the learned Additional Sessions Judge, Delhi in Session Case No. 90/2000 whereby they were convicted under Sections 302 and 307 read with Section 34 of Indian Penal Code ('IPC' in brief) and sentenced to imprisonment for life and also to a fine of Rs.5000/- each, with a default stipulation, for the murder of one Kapil and rigorous imprisonment for seven years and a fine of Rs.5000/-each, with a default stipulation, for the attempted murder of his mother. 2. The incident leading to the prosecution of the two appellants(hereinafter to be referred to as the accused persons) was narrated by PW-2 Santosh Sharma in her first information statement to the police(Ex.PW- 2/A) on 12th December,1998 when the incident had taken place. She had claimed that that day i.e. 12th December, 1998, her sons Kapil(the deceased) and Anuj(PW-5) ha...
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