Court : House of Lords
Decided on : Feb-27-2008
LORD BINGHAM OF CORNHILL My Lords, 1. The issue in this appeal is whether loss attributable to the death by suicide of the late Mr Thomas Corr is recoverable by his dependent widow under section 1 of the Fatal Accidents Act 1976 in this action against his former employer. 2. Mr Corr was employed as a maintenance engineer by the appellant company (“the employer”), a manufacturer of light commercial vehicles. On 22 June 1996, then aged almost 31, he was working on a prototype line of presses which produced panels for Vauxhall vehicles. He was working, with another, to remedy a fault on an automated arm with a sucker for lifting panels. The machine picked up a metal panel from the press, without warning, and moved it forcibly in Mr Corr’s direction. He would have been decapitated had he not instinctively moved his head. He was struck to the right side of his head and most of his right ear was severed. 3. As a result of this accident, Mr Corr underwent long and painful re...
Tag this Judgment!Court : House of Lords
Decided on : Feb-27-2008
LORD HOFFMANN My Lords, 1. I have had the advantage of reading in draft the speech of my noble and learned friend Baroness Hale of Richmond. For the reasons she gives, with which I agree, I too would dismiss this appeal. LORD SCOTT OF FOSCOTE My Lords, 2. I have had the advantage of reading in draft the opinion of my noble and learned friend Baroness Hale of Richmond and for the reasons she gives, with which I am in full agreement, I too would dismiss this appeal. LORD WALKER OF GESTINGTHORPE My Lords, 3. I have had the privilege of reading in draft the opinion of my noble and learned friend Baroness Hale of Richmond. I am in full agreement with it, and I too would dismiss this appeal. BARONESS HALE OF RICHMOND My Lords, 4. Any parent of teenagers aged 16 and 17 knows how difficult they can be. But they also know that, however much those teenagers are struggling to discover their own identities and lead independent lives, they also depend upon the love and the support of their parents....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-27-2008
Reported in : [2008(2)JCR23(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner had moved this Court earlier in WPC No. 224/2004 making a grievance that he being the lowest bidder was issue work order for supplying two lifts of OTIS make by the Director, State Institute of Rural Development but subsequently by letter dated 29.12.2006, the Deputy Director of the said Institute cancelled the work order without any notice or opportunity to explain the allegations made against the petitioner and. therefore, it was against the principle of natural justice.3. The said writ petition was allowed by order dated 26.2.2007 only on the ground that the work order was cancelled in violation of principle of natural justice and it was observed that if the respondents intend to proceed against the petitioner they may do so in accordance with the procedure established by law after giving proper opportunity of hearing to the petitioner.4. Thereafter, it appears that a notice was issued to the petitioner by the responden...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-29-2008
Reported in : (2008)117TTJ(Mum.)353
1. This appeal is filed by the assessee and directed against the order of CIT(A)-XVII, Mumbai dt. 8th Dec., 2004 for asst. yr. 2001-02.2. We have heard both the sides and have also perused the materials placed on record and applicable legal position.3. In this appeal, the assessee is aggrieved by the decision of learned CIT(A) in confirming the gifts of Rs. 1,22,70,795 received by the assessee on his 80th birthday as his income from business and profession.4. Ground No. 2 is argumentative in nature in support of ground No. 1, hence, no specific decision thereon would be given as the same would be dealt with ground No. 1.5. The facts, in brief, are that the assessee is an individual who filed return of income showing income from other sources. As borne out from the assessment order, it is noted that assessee is a well known social reformer and philosopher and lacs of followers are spread all over the world. The AO from the note enclosed with the computation of income chart (found) that...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-04-2008
Reported in : RLW2008(2)Raj1643
Shiv Kumar Sharma, J.1. Javed Masood and Syed Najib Hasan, appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) Tonk, who vide judgment dated July 25, 2003, convicted and sentenced them as under:Under Section 302 IPC:Both to undergo imprisonment for life and fine of Rs. 100/- in default to further suffer three months simple imprisonment.Under Section 201 IPC:Both to undergo three years rigorous imprisonment and fine of Rs. 100/- in default to further suffer three months simple imprisonment.Under Section 148 IPC:Both to undergo three years rigorous imprisonment and fine of Rs. 100/- in default to further suffer three months simple imprisonment. The substantive sentences were ordered to run concurrently.FACTS AND RIVAL SUBMISSIONS:2. Put briefly the prosecution case is that on May 25, 1999 at 1 PM Sub Inspector of Police Station Kotwali Tonk recorded Parcha Bayan (Ex.P12) of Chuttu @ Nizamuddin (Pw. 5) wherein he stated that on the said day around 12...
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Mar-04-2008
1. Dhanlaxmi Lease Finance Ltd. (hereinafter referred to as "Dhanlaxmi" or "the company") is an Ahmedabad based finance company which was incorporated as a public limited company on February 24, 1995 with the Registrar of Companies, Gujarat. The business activities of Dhanlaxmi comprises of financing, hire purchase and leasing. It came out with a public issue of Rs 31 lakh equity shares of Rs 10/- each for cash at par aggregating to Rs 310 lakhs. The issue opened on November 21, 1995 and closed on November 24, 1995. The issue was oversubscribed to the extent of 2.5 times as per the 3 day report filed with Securities and Exchange Board of India (hereinafter referred to as "SEBI") by the Lead Manager, Monarch Projects and Finmarkets Ltd. (hereinafter referred to as "Monarch").2. SEBI received a complaint from the Tax Payers Protection Council, Ahmedabad on December 21, 1995 alleging that multiple/fictitious applications had been made in the public issue of Dhanlaxmi and the same had bee...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-04-2008
Reported in : 2008(2)MPHT326
Arun Mishra, J.1. The appeal has been preferred by the appellants being aggrieved by the judgment and conviction dated 26-7-93 passed by the Ist Additional Sessions Judge, Sehore in Sessions Trial No. 279/92, whereby the appellants have been convicted for commission of offence under Section 302/34, IPC sentencing them to undergo rigorous life imprisonment.2. As per the prosecution case, deceased Suresh and accused persons where residing at Village Khamlaha. Deceased had accompanied the accused persons in the night, he did not come back to the house. Consequently, Kishore Singh and Munnalal went to the house of Manohar to ask about the whereabouts of Suresh. For several days they inquired from Manoharlal but he expressed ignorance as to the whereabout of deceased Suresh. They also inquired from co-accused Nandlal. He also expressed ignorance as to the whereabouts of deceased Suresh. The prosecution further alleged that on 3-8-92, one Sangram Singh, son of Kamal Singh found the dead body...
Tag this Judgment!Court : Patna
Decided on : Mar-05-2008
Shyam Kishore Sharma, J.1. The instant appeal on behalf of Bagar Mahato and his son Ram Bharosa Mahato is against the judgment dated 7-8-1993 passed by the Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 194 of 1989 whereby he held the appellant No. 1 guilty for committing offence under Section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs. 5,000/- (five thousand) and in default of payment of fine, he was ordered to undergo simple imprisonment for one year.2. P.Ws. 4 and 7 are ordered to be paid compensation at the rate of 1,500/- each. Appellant No. 2 was convicted under Section 379, I.P.C. and after being given benefit of Section 360, Cr. P.C. he was released on admonition.3. Fardbeyan of Mahanth Mahto (P.W. 7) is the basis of the prosecution case. His Fardbeyan was recorded on 8-1-1988 at 6 p.m. at M. J. K. Hospital, Bettiah in which he alleged that on 8-1-1988 at 1.00 p.m. Bagar Mahto armed with Gara...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2008
Reported in : II(2008)DMC596
Kanwaljit Singh Ahluwalia, J.1. By this common judgment, two criminal appeals i.e. Criminal Appeal No. 804-SB of 1997 preferred by Shunti @ Raja, Om Parkash and Rajni and Criminal Appeal No. 865-SB of 1997 preferred by Om Parkash son of Narpat Ram will be decided.2. By the common judgment rendered by learned Additional Sessions Judge, Jagadhari, all these four accused i.e. appellants have been convicted and sentenced under Section 306, IPC to undergo rigorous imprisonment for five years and pay a fine of Rs. 1,000, in default of which to undergo rigorous imprisonment for three months.3. FIR Ex. PK was lodged at the instance of Smt. Darshana Devi P.W. 1. She has stated in the FIR that she has got six sons and two daughters. His eldest son is Uttam Chand and younger to him is Ashok Kumar. Ashok Kumar was married with Rajni, appellant, about three years before the occurrence in Kalyan Nagar, Jagadhari. It is stated that from the marriage two daughters and one son was born. She further sta...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Mar-07-2008
1. Heard both sides in respect of MA & Appeal filed by the applicant/appellant Commissioner and the Appeal filed by the appellant importer.2. In the Miscellaneous Application, it has been stated by the applicant Commissioner that the submission made by the appellant importers before the Tribunal regarding non-drawal of samples by Customs officials, is not true and factually correct and that the appellant importers have misled the Hon'ble CESTAT to get a favourable Stay Order. He further states that the samples were drawn in presence of the authorised CHA of the appellants and forwarded to the Assistant Drug Controller, which was duly acknowledged by him. He has also stated that in respect of importation of drugs it is a mandatory and statutory obligation on the part of Customs Authorities to ascertain as to whether the drugs under import comply with the standards laid down in the provisions of Drugs and Cosmetics Act, 1940. No clearance is allowed until and unless that procedure i...
Tag this Judgment!