THE PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
Year of decision: 2009
Details
Medical negligence-- Compensation - Interest - Eye surgery - Cataract operation - PHACO technique - Appellant though a qualified and experience doctor yet not competent to handle PHACO operation which was a new technique - When the patient was being operated on the left eye by the respondent the nuclus had fallen down..........
DELHI HIGH COURT
Year of decision: 2009
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction - Writ in the nature of certiorari - Award - Judicial review - Finding of fact - Labour Court or the industrial Tribunal is the final fact finding authority and High Court cannot re - appreciate and reassess the finding on fact - Writ of certiorari may be issued only if the order..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Motor Vehicles Act, 1988, Section 163A, 173, 149-- Accident - Compensation - Award of Rs.Two lacs - Award not as per structured formula - Insurance company cannot maintain appeal to challenge the award on the question of quantum as no such ground/defence is available to the appellant-company as envisaged u/s 149 of the Act...........
DELHI HIGH COURT
Year of decision: 2009
Details
Industrial Disputes Act, 1947, Section 2(oo)-- Termination - Reinstatement - Compensation - In lieu of reinstatement - Respondent was drawing total emoluments to the tune of Rs. 4200/ - p.m. and worked with the petitioner for 9 years - Labour Court's award directing payment of compensation amount of Rs. 2, 16,000/ - in lieu of reinstatement..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration Act, 1940, Section 29, Arbitration and Conciliation Act, 1996, Section 31(7), Civil Procedure Code, 1908, Section 34-- Arbitration award - Interest on delayed payment - Arbitrator has the competence, jurisdiction and power to award interest for the period from the date of award to date of payment as also for pre-reference, pendente lite and post award - Interest so awarded should be reasonable and agreement..........
KERALA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 53-- Punishment - Award of sentence - Consideration of the court while awarding sentence - Held court while awarding sentence, has to take into consideration following facts : (a) Whether the offence was pre-mediated or planned; (b) Motive for the act; (c) Conduct of the accused; (d) Manner of..........
KERALA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 53-- Punishment - Award of sentence - Approach of court - Usually three approaches are available while awarding sentence - Namely punitive, therapeutic, preventive - Therapeutic approach is more effective and acceptable...........
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2009
Details
Courier service-- Deficiency in service - Compensation - There is no evidence to show that the consignment containing the painting was valued Rs.50,000 - Vague statement even on oath by the respondent - complainant is not sufficient to assess the value of the painting consigned through OP/appellant at Rs. 50,000 -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Industrial Disputes Act, 1947, Section 2(oo), 2(1)(ra)-- Termination - Unfair labour practice - The charge - sheet was specific but there was no proof - The charge - sheet proceeded even on a wrong basis that there was an illegal strike - The evidence only supported the case of some among the workmen as having resorted to strike - If the workmen had..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Industrial Disputes Act, 1947, Section 2(oo)-- Termination - Punishment - Transfer - Domestic enquiry - Contention by the workman that the enquiry has not been properly held and it was vitiated totally - This was a case where the workman chose not to report at the place where he was ordered to be transferred - When an enquiry was held he..........