Court : Orissa
Reported in : AIR1950Ori241
..... in other words, the plaintiff must prove both that the defendant was negligent and that his negligence caused or materially contributed to the accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori107; 15(1949)CLT78
..... these illegalities are not mere matters of accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori207
..... doubtless that expression has nowhere been defined but it seems to be well settled that the expression 'accident' generally means some unexpected event happening without design, even though there may be negligence as pointed out in halsbury's ..... the police nude the usual investigation and submitted final report to the effect that the accident was caused by the rash and negligent driving of the driver but that in view of his death ..... the driver might have driven the bus in an improper way, but as he was engaged in driving the vehicle at the time of the accident it cannot be said that his action was outside the course of his employment altogether.7. mr. ..... it was first contended for the respondent-employer that the accident which resulted in the death of the workman is not an 'accident' which arose out of and in the course of his employment within the meaning of section ..... section 3(1), workmen's compensation act runs thus :''if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the ..... we are, therefore satisfied that the deceased met with the accident while driving the motor vehicle and that its arose out of and in the course of his employment entitling him to compensation within the provisions of section ..... while the appellant's husband was driving the said motor bus he met with an accident inconsequence of which he sustained severe injurieswhich resulted in his death. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori180; 16(1950)CLT197
..... secondly, in a suit for partition every one of the parties is in the nature of a plaintiff in so far as each one of them wants his share to be partitioned off; and it is only by accident that one of them figures as a defendant and it is open to him to be substituted as the plaintiff; and even as defendant it is open to him to press his claim and have his share divided and allotted to him. mr. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori261; 16(1950)CLT102
..... these witnesses are all drawn from different classes and come from different streets of the village, and all of then happened to be at or near the scene of occurrence-by accident. ..... the plea of the appellant was that the death of ranka was brought about by an accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori53
..... it was a statement which arose out of the mere casual accident of p. w. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori186
..... it seems just an accident (or perhaps an oversight on the park of the draftsman) that it was inserted as an. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori237; 18(1952)CLT818
..... jonhs', (1845) 42 american decisions 640, a judgment of the court of alabama, and relied upon the following passage in that case :'cases most frequently have occurred in which, by accident, the records of, courts of justice have been destroyed or lost, and it would seem strange if the common law had provided no adequate means by which the injuries growing out of such accidents should be averted or remedied. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori40; 19(1953)CLT316
..... 'if indumati had been a student of the school in 1926 and if, owing to an accident because of jadumoni's secretaryship of the school kulamoni's signature was not taken in the appropriate column this would not justify the conclusion that the entry is a forged one. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... . ramdhone', 6 w r 228 (x), which is as follows:'according to the usages and customs of this country, buildings and other such improvements made on land do not by the mere accident of their attachment to the soil, become the property of the owner of the soil; and if we think it should be laid down as a general rule that, if he who makes the improvement is not a mere trespasser, but is in possession under any .....
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