cover image: The Calcutta Weekly Notes. Monday  March 5  1934

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The Calcutta Weekly Notes. Monday March 5 1934

1934

The cases fell to be decided under a provision which is common to the law of New Zealand England and India namely in order to be entitled to compensation the workman must prove that the injury arose “ out of and in the course of the employment.” In the present cases the New Zealand Court of Appeal held that the accidents could not be held to arise out of the employment unless it were shown tha [...] “ The falling of the partcular roof could only happen in one place and the presence of the person injured was due to the employment.” His Lordship also oserved as follows :—“ Whether the remoter cause of the roof falling was the collapse of a neighbouring wall or the falling down of some high adjacent building or a stroke of lightning seems to be immaterial. [...] [VoL.*TEXXVLIL the Appellant had to work in this particular shed and was in consequence injured by an accident which happened to the roof of the shed. P. Beyond the fall of the roof we cannot go.' Lord Atkin alto referred to four other eases of injury by natural forces two of them eases of lightning and two cases of frost-bite 1where the principle was adopted that :where the injury was direc [...] 4 of the Criminal Procedure Code was a bar: Held (BAKER A. C. J. and DIVATIA J.) That the offences committed by vario members of the conspiracy in pursuance the object of the conspiracy are offen separate from the commission of the cons piracy which is under sec. [...] On these facts the Plaintiff sought to eforce his mortgage against the properties in the hands of the transferees: Held (TEKCHAND and MONROE JJ.)— T_hat a mortgage of an undivided share which under a partition decree has been allotted to another co-sharer cannot in the absence of fraud be enforced by the mortgagee against the share originally mortgaged the morgagor's sole remedy being to
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday March 5 1934
lxv-lxviii unknown view

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