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1 - 10 of 15 (0.78 seconds)Section 106 in The Indian Evidence Act, 1872 [Entire Act]
The Manager M/S Icici Lombarado And ... vs G Varalakshmi W/O Late H P Gopalakrishna on 7 December, 2009
In fact, under similar circumstances, this Court in the case of The Union of India owning Southern Railway by its General Manager, Chennai v. G.Jayalakshmi and others, 2012 (3) CTC 741, while considering an identical issue, has held as follows:-
The Railways Act, 1989
Surendra Kumar Verma Etc vs The Central Government Industrial ... on 23 September, 1980
In one of the cases cited before us, that is, Surender Kumar Verma v. Central Govt. Industrial Tribunal-cum- Labour Court we had occasion to say:
The Union Of India Owning vs The Addl. Registrar on 11 July, 2012
"19. As per the above decisions, the burden lies upon the Railway Authorities to prove that the deceased is not a bonafide passenger. Now this Court has to decide whether the Respondent/Railway Administration has proved that the deceased is not a bonafide passenger. Perusal of Ex.A.2-inquest report reveals that nothing has been seized from the body of the deceased Rajan. It is pertinent to note that there is no contra evidence on the part of the respondent. This Court has already discarded Ex.R.1-attendance Register, since it is not a genuine document. It is not the case of the respondent that the belongings of the deceased has been recovered, except the ticket and pass. Hence the decision of this Court rendered on 13.8.2012 in CMA.No. 1685 of 2009 (The Union of India V. The Addl. Registrar, Railway Claims and another), is squarely applicable to the facts of the present case."
Alembic Chemical Works Co., Ltd vs The Workmen on 15 December, 1960
In other words, beneficial or welfare statutes should be given a liberal and not literal or strict interpretation vide Alembic Chemical Works Co. Ltd. vs. The Workmen AIR 1961 SC 647( para 7),Jeewanlal Ltd. vs. Appellate Authority AIR 1984 SC 1842 (para 11), Lalappa Lingappa and others vs. Laxmi Vishnu Textile Mills Ltd. AIR 1981 SC 852 (para 13), S. M. Nilajkar vs. Telecom Distt. Manager (2003) 4 SCC 27(para 12) etc.
Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
15. At this juncture, it is also relevant to point to the observation made by the Honourable Supreme Court reported in Bimla Devi and others v. Himachal Road Transport Corporation and others, 2009 (1) TN MAC 700 (SC) : AIR 2009 SC 2819, wherein while dealing with a claim arising under the Motor Vehicles Act, the Honourable Supreme Court observed that it was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may not be possible to be done by the Claimants and the Claimants were merely to establish their case on the touchstone of preponderance of probability. It went on to observe that the standard of proof beyond reasonable doubt could not be applied in the case of Claim Petitions.