Search Results Page

Search Results

1 - 6 of 6 (0.18 seconds)
Sampati Lal And Ors. vs Hari Singh And Ors. on 19 March, 1985 cites

Santeline Fernandes (Through ... vs Mackinnon Mackenzie & Co. on 8 August, 1967

In Santoiine Fernandes v. Mackinnon Mackenzie & Co. 1968 Ace CJ 102 : (AIR 1968 Bom 328) relied upon by Mr. Shishodia, the matter was entirely different. That case related to compensation under the Workmen's Compensation Act. 1923. The learned Judge of the Bombay High Court took the view that the liability to pay compensation under the Workmen's Compensation Act is created immediately upon the occurrence of an accident. As such, the liability amounts to a debt payable by the employer to the workmen. The application for compensation does not, therefore, abate if the applicant dies during the pendency of the application. That is not the case here in hand. There are certain observations made by the learned Judge, in which he accepted the applicability of the maxim Actio Personalis Moritur Cum Persona, in cases arising out of the torts. In para 9 of the judgment he accepted the view that the application of the maxim Actio Personalis Moritur Cum Persona is limited to actions in which remedy is sought for a tort or for something which involves, at any rate, the notion of wrong doing. Thus, the doctrine embodied in the maxim Actio Personalis Moritur Cum Persona was held applicable to a case relating to personal injuries. The authority, thus, renders no assistance to Mr. Shishodia. On the contrary, it subscribes the view which I am taking.
Bombay High Court Cites 19 - Cited by 4 - Full Document

C.P. Kandaswamy And Ors. vs Mariappa Stores And Ors. on 22 January, 1973

In C. P. Kandaswamy v. Mariappa Stores 1974 Acc CJ 362 : (AIR 1974 Mad 178), a Division Bench of the Madras High Court subscribed to this view while construing the provisions of Section 306 of the Succession Act. It was held that a plain reading of Section 306 of the Succession Act would undoubtedly go to show that the cause of action regarding the injury sustained by the victim does not survive on his death.
Madras High Court Cites 13 - Cited by 32 - Full Document
1