A woman filed a divorce petition alleging her husband was insane, impotent and cruel to her. The man accused his wife of being incapable of having children. He asked the court to allow medical tests to prove his claim and disprove her allegation. The woman contended that such tests would violate her right to privacy and the court ruled in her favour. The man then appealed to the Andhra Pradesh High Court, which pointed out that the medical problems could not be determined by oral evidence as an allegation made by one party would always be denied by the other. It directed the wife to undergo the tests (Padala Kaniki Reddy vs Padala Sridevi).
A police constable, travelling on official duty, injured himself while boarding the train. The railway authorities refused him compensation contending that he was injured because of his negligence and the injury ought to be treated as ‘self-inflicted’. The Railways Act, the authorities claimed, does not provide for compensation in case of self-inflicted injuries and, anyway, the constable is not eligible for compensation from the Railways as he is entitled to it under the Workmen’s Compensation Act. Rejecting the contention, the Andhra Pradesh High Court ruled that the term ‘untoward incident’ — in consequence of which compensation is given — includes within its fold several contingencies and an injury can be termed ‘self-inflicted’ only after it is proved that the victim has intentionally injured himself. Also, since the victim has indicated he would not be claiming compensation from his department, the Railways is bound to pay him compensation (Union of India vs V.M. Ranganadhan).
A bus conductor was sacked for not collecting fares from passengers and for being drunk on duty. He challenged the dismissal in court and the Karnataka High Court ruled that he should be reinstated but without back wages. His employer appealed in the Supreme Court, which upheld the dismissal. The conductor works in a fiduciary position and it is gross misconduct if he intentionally does not collect fares. He has lost the confidence of his employers so he cannot be retained (Divisional Controller N.E.K.R.T.C vs H. Amaresh).
SOLON
