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1 - 8 of 8 (0.21 seconds)Mackinnon Mackenzie & Co. Pvt. Ltd vs Ibrahim Mahommed Issak on 14 August, 1969
The aforesaid decision in Mackinnon Machenzie's case has also been followed by the Hon'ble Supreme Court in (2001) 9 SCC 395 : (1995) Supp. (2) SCC 601 and (1991) 3 SCC 530.
The English And Foreign Languages University Act, 2006
Section 30 in The Employee's Compensation Act, 1923 [Entire Act]
The Employee's Compensation Act, 1923
New India Assurance Co. Ltd. vs Bishwanath Das And Anr. on 20 July, 1999
5. In support of his contention, Learned Counsel for the Appellant has relied on two Judgments. One of them is New India Assurance Co. Ltd. v. Bishwanath Das and Anr. . In that case the Learned Judges of the Division Bench of Calcutta High Court held that where the Commissioner allowed compensation on the basis of 100% disability as per assessment made by a doctor who was not qualified any appeal against the award of compensation by the Commissioner is maintainable as it involves a question of law. We fail to understand the relevance of the aforesaid ratio to the facts of the present case. Here it is nobody's case that the compensation was granted to the workman by the Commissioner on the basis of assessment made by a doctor who is not qualified.
Naima Bibi vs Lodhne Colliery Co. (1920) Limited on 16 September, 1976
11. Apart from that there are Judgments to the effect that when a workman is coming back after discharging his duties and has met with an accident, in such a case the accident has been construed to be covered within the sweep of expression of arising out of employment'. Reference in this connection be made to a Division Bench decision of the Calcutta High Court in the case of Naima Bibi v. Lodhne Colliery Co. (1920 ) Ltd. reported in (1977) 50 FJR 242. In that case the workman died as a result of assault sustained by him while going home after completion of duty. Of course the attack on the workman was inflicted in the factory premises while he was going after discharging his duties. The Learned Judges held that such injuries are included within the expression 'arising out of employment'. Same view has been expressed by Justice G.L Oza, as His Lordship then was, in the case of E.S.I. Corporation.
New India Assurance Company Ltd. vs Raj Kishore Nayak And Ors. on 19 July, 1995
3. We have looked into the records and the grounds of appeal. From the grounds of appeal which were filed before the Learned Judge of the first Court, we do not find that the aforesaid point was ever taken as a ground by the insurance company. Therefore, totally new ground has been taken by the Learned Counsel for the insurance company in this Letters Patent Appeal. It is well settled that normally new ground cannot be taken for the first time in Appeal. This has been decided by this Court in the case of New India Assurance Co. Ltd. v. Raj Kishore Nayak and Ors. reported in 1995 LAB. I.C. 2750 (see paragraph 4 ).
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