likely to cause death, but without any
intention to cause death or to cause such bodily injury as is likely to
cause death ... immediate cause as opposed to
a remote cause; the 'last link in the chain of
causation'; the real effective cause of damage
Page 16 of 19
C/SCA/25086/2006 CAV JUDGEMNT
"proximate cause". In para 22 of the Hon'ble Supreme Court ... that the proximate cause is not the cause
which is nearest in time or place but the active and
efficient cause that sets in motion
condition
precedent is that the act or omission must be the proximate cause for the
death. If the act is committed intentionally or with knowledge ... immediate cause; the last link in the chain of causation. ' Proximate cause '
has been defined as that which in a natural and continuous
immediate cause as
opposed to a remote cause; the 'last link in the
chain of causation'; the real effective cause of
damage ... expression "proximate cause" is
defined in the 5th Edn. Of Black's Law
Dictionary as under:
"Proximate cause.--That which
section 14A ; for
attracting section 14A there has to be a proximate cause for
disallowance, which is in relationship with the tax exempt income ... back or return of investment is not such proximate cause.
A mere receipt of dividend subsequent to the purchase of units, on the
basis
from accepted standards of practice, and that such departure was a proximate cause of the patient's injuries.
In the instant case ... good and accepted medical practice, and that the delay was a proximate cause of, and/or substantial contributing factor to, the patients injuries
section 14A . For attracting
section 14A , there has to be a proximate cause for disallowance, which
is its relationship with the tax exempt income ... since pay-back or
return of investment is not such proximate cause, section 14A was not
applicable in the instant case. Thus, in the absence
attracting s. 14A , there has to be a proximate cause for disallowance,
which is its relationship with the tax exempt income. Pay-back or return ... investment is not such proximate cause, hence, s. 14A is not applicable in
the present case. Thus, in the absence of such proximate cause
that the rash and
negligent act of the accused was the proximate cause of injury. There must be
direct nexus between injury to the person ... take it.
(iii) The rash or negligent act must be the proximate cause of injury of
the injured.
28. In the matter of Chaman
prove precisely how the casualty occurred, but he must show the
proximate cause falls within the perils insured against..."
In Rhesa Shipping ... case, to conclude, at the end of the day,
that the proximate cause of the ship's loss, even on a balance of
probabilities
