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Oriental Fire and General Ins. Co. Ltd. Vs. Buli Dei and ors.

Court : Orissa

Reported in : 1993ACJ1119; 74(1992)CLT141

..... in determining the quantum of interest awardable under the relevant section, the tribunal acting under section 110-a of the old act corresponding to section 166 of the new act can derive direct guidance from section 34 of the code of civil procedure, 1908 (in short the 'c.p.c.'). ..... discretion may thus be coupled with duties.though section 110-cc of the old act (section 171 of the new act) confers a discretion on the tribunal to award interest, the same is meant to be exercised in cases where the claimant can claim the same as a matter of right ..... in this appeal under section 110-d of the motor vehicles act, 1939 (hereinafter referred to as the 'old act') the oriental fire and general insurance co. ..... it is not disputed by the contesting parties that grant of interest under section 110-cc of the old act (corresponding to section 171 of he motor vehicles act, 1988, in short the 'new act') is discretionary. ..... express or implied power in this regard can be called out from section 110-cc of the old act or section 171 of the new act. ..... moreover, there may be a discretion whether to exercise a power, but no discretion as to the mode of its exercise; or a duty to act when some conditions are present, but a discretion how to act. ..... i, it has been observed:a statutory discretion is not, however, necessarily or, indeed, usually absolute; it may be qualified by express and implied legal duties to comply with substantive and procedural requirements before a decision is taken whether to act and how to act. .....

The Oriental Fire and Genl. Ins. Co. Ltd. Vs. Buli Dei and ors.

Court : Orissa

Reported in : II(1992)ACC386

..... quantum of interest awardable under the relevant section, the tribunal acting under section 110 of the old act corresponding to section 166 of the new act can derive direct guidance from section 34 of the code of civil procedure, 1908 (in short the 'c.p.c.'). ..... discretion may thus be coupled with duties.though section 110-cc of the old act (section 171 of the new act) confers a discretion on the tribunal to award interest, the same is meant to be exercised in cases where the claimant can claim the same as a ..... in this appeal under section 110-d of the motor vehicles act, 1939 (hereinafter referred to as the 'old act') the oriental fire and general insurance company limited (hereinafter referred to as the 'insurer') calls in question the legality of the award passed by the second motor accident claims tribunal, cuttack (hereinafter referred to as ..... be a discretion whether to exercise a power, but no discretion whether to exercise a power, but no discretion as to the mode of its exercise; or a duty to act when some conditions are present. ..... by the contesting parties that grant of interest under section 110-cc of the old act (corresponding to section 171 of the motor vehicles act, 1988, in short the 'new act') is discretionary. ..... observed:-a statutory discretion is not, however, necessarily or, indeed, usually absolute; it may be qualified by express and implied legal duties to comply with substantive and procedural requirements before a decision is taken whether to act and how to act. .....

Hazara Singh Ganda Singh Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1961P& H34

..... the collector, the collector may issue an order to the officer in charge of the civil jail of the district, directing him to confine the defaulter in the jail for such period, not exceeding one month from the date of the order, as ..... of this constitution by any legislature, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation;' therefore the position that emerges is that the act is a valid central act, which has incidentally legislated about a matter, which is the subject-matter of an 'existing indian law', though the field of that 'existing indian law' is now under the constitution of ..... sum or in instalments, from the displaced person on account of loans granted to him by the central government or a state government or the rehabilitation finance administration constituted under the rehabilitation finance administration act, 1948 (12 of 1948), and any interest on such loans;(iii) the amount of purchase money or any part thereof and any interest on such amount or part remaining unpaid and recoverable from ..... evacuee property, under any agreement, express or implied lease or other document or otherwise howsoever, for any period prior to the date of acquisition of such property under this act, which has not been recovered under section 48 of the administration of evacuee property act, 1950 (31 of 1950), and any sum payable to the government in respect of any property in the compensation pool, may be recovered in the same manner as an arrear .....

K.N.Chandran Vs. State of Kerala

Court : Kerala

..... directing them to pay the bond amount of `10,000/- each and if crl.a.no.161 of 2007 :-2-: defaulted, to undergo imprisonment in civil jail for one month each. ..... factual averments in the appeal memorandum and from the submission of the learned counsel is that the appellants stood as sureties for the accused in a sessions case, where the offence alleged is under section 55(a) of the abkari act. .....

Central Engineering Corporation Vs. Dorai Raj

Court : Orissa

Reported in : AIR1960Ori39

..... 564, while interpreting the phrase 'substantial question of law' as-used in the first proviso to sub-section (1) of section 30 of the workmen's compensation act expressed that the phrase must be given a wider construction than what is attributed to it under section 110, civil procedure code, namely, that it would not cover cases of application of well-settled principles of law to a particular set of facts.the phrase for the ..... employer-appellant, on the other hand attacked the maintainability of the workman-respondent's application itself under section 10 of the act, he relied on section 22 of the act in support of his contention that no attempt was made for settlement and therefore the commissioner did not assume jurisdiction until' ..... 1958 sc 687) wheretheir lordships while dealing with the essential requirements for validity of a deposit under section 117 of the representation of the people act, 1951, made it clear that where there was no government security deposit receipt at all enclosed with the election petition, the appeal shall he dismissed on that ground alone. ..... where the chief justice chakra-varty delivering the judgment dealt with the principle underlying the third proviso in section 30(1) of the act.the principle of section 30 is that if the appeal be such that by it the workman's right to the compensation awarded to him is placed in jeopardy, security for the ..... the code of civil procedure as also in section 70) of the industrial disputes (appellate tribunal) act, 1950. .....

The Oriental Insurance Company Ltd. Vs. Harapriya Nayak and ors.

Court : Orissa

Reported in : 1994(I)OLR88

..... in determining the quantum of interest awardable under the relevant section, the tribunal acting under section 110 of the old act corresponding to section 166 of the new act can derive direct guidance from section 34 of the code of civil procedure, 1908 (in short, the 'cpc'). ..... the orissa motor vehicles (accidents claims tribunals) rules, 1960 (in short, 'old rules') and the orissa motor vehicles (accidents claims tribunals) rules, 1983 (in short, 'rules') provide that certain provisions of code of civil procedure, 1908 (in short, 'cpc') shall apply in certain cases to proceedings before the claims tribunals. ..... an appeal was filed in this court under section 173 of the motor vehicles act, 1988 (in short, the 'act')- notice issued to brajabandhu senapati was returned with endorsement by postal authorities that brajabandhu had ..... life insurance corporation of india ; air 1962 sc 315).sub-section (b) of section 96 of the old act lays down that the expressions 'material fact' and 'material particular' mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether it will take the risk and, if so, at what ..... pessumal ; air 1964 sc 1736, it has been observed that section 95 of the old act (corresponding to section 147) says down the requirements which are to be complied with by the policy of insurance issued in relation to the use of a particular vehicle, they are : (i) the policy must specify the persons or classes of .....

National Insurance Co. Ltd. Vs. Keshav Bahadur and ors.

Court : Supreme Court of India

Reported in : I(2004)ACC581; 2004ACJ648; AIR2004SC1581; 2004(3)ALD24(SC); 2004(5)ALLMR(SC)331; 2004(2)AWC945(SC); [2004]118CompCas500(SC); [2004(2)JCR68(SC)]; JT2004(2)SC282; (2004)137PL

..... awardable under the relevant section, the tribunal acting under section 110 of the act corresponding to section 166 of the new act can derive direct guidance from section 34 of the code of civil procedure, 1908 (in short the 'cpc'). ..... (ii) that even though it is not permissible to use a vehicle unless it is covered at least under an 'act only' policy, it is not obligatory for the owner of a vehicle to get it comprehensively insured, and(iii) that the limit of liability with regard to third-party risk does not ..... insurer not taking any higher liability by accepting higher premium for payment of compensation to third party, the insurer would be liable to the extent limited under section 95(2) of the act and would not be liable to pay the entire amount of compensation awarded.8. ..... though section 110cc of the act (corresponding to section 171 of the new act confers a discretion on the tribunal to award interest, the same is meant to be exercised in cases where the claimant can claim ..... interest stipulation is concerned, it is to be noted that grant of interest under section 110cc of the act (corresponding to section 171 of the motor vehicles act, 1988) (in short the 'new act') is discretionary. ..... in terms of section 95(2)(b)(i) of the act; and there was no legal basis ..... not, however, necessarily or, indeed, usually absolute; it may be qualified by express and implied legal duties to comply with substantive and procedural requirements before a decision is taken whether to act and how to act. .....

The Delhi Peasants Co-operative Multipurpose Society Ltd. Vs. the Coll ...

Court : Delhi

Reported in : 7(1971)DLT399

..... government seeking the issue of certificate to choose whether the sums recoverable as arrears of land revenue were recovered by it by adopting the more stringent method prescribed by sections 3 and 5 of the revenue recovery act or by filing a civil suit without there being any guideline given as to in winch cases the government decides to choose one method or the other it was also contended in this application that in fact the government of uttar ..... recovered by the cllector of delhi at the instance of the uttar pradesh government and the collector of mathura could not be recovered as arrears of land revenue in as much as section 65 of the bombay cooperative societies act, was not attracted for dues payable by the cooperative society to any government of any state but was attracted only if there were dues payable by the co-operative society to the government of the state in which ..... also .contended that the collector of mathura could not issue a certificate in respect of the amounts to the collector of delhi under the provisions of section 3 of the revenue recovery act, 1890 because the amounts were not sums recoverable under that act lastly it was contended that even if a certificate of recovery could be issued it could be issued only for sums that were legally due and recoverable and in as much as ..... moneys due to the government in respect of its trading activities could be recovered by way of filing a civil suit or proceedings under the rajasthan public demands recovery act .....

Dedha and Co. Vs. Paulson Medical Stores and ors.

Court : Kerala

Reported in : AIR1988Ker233

..... there is neither equity nor reason nor justice that the doer of the act who knew, or is presumed to have known that the act he committed was unlawful as constituting either a civil wrong or a criminal offence should be entitled to claim contribution or indemnity from ..... matter of fact they might not have known that the notification had been issued on 26-5-1971, they ought to have known, as licensees under the drugs act, that what they sold in their shop were goods which had been notified under the food adulteration rules. ..... plaintiffs, a notification had been issued on 25-5-1971, and published in the gazette on 26-5-1971, under appendix b of the prevention of food adulteration rules, 1955, made under the prevention of food adulteration act, 1954 (the 'food adulteration act'), whereby sacchrine sodium was included in appendix b prescribing certain standards of quality. ..... plaintiffs is that the first plaintiff, a partnership firm, was a licensee under the drugs and cosmetics act, 1940 (the 'drugs act') and the other two plaintiffs were partners of the firm. ..... longer applicable in england after the parliament enacted the law reform (married women and tortfeasors) act, 1935, and finally, the civil liability (contribution) act, 1978. ..... the plaintiffs contravened the provisions of the food adulteration act and the rules as much as the defendants did like the first defendant, the plaintiffs sold goods classified as food and manufactured in contravention of the statutory provisions regarding the .....

Kamla Bai Gopalrao Jamdar Vs. Chief Judicial Magistrate and anr.

Court : Madhya Pradesh

Reported in : 1990CriLJ2550

..... 1973, proviso, in the event of a bail bond being forfeited and penalty levied not being recovered, the surety is liable to imprisonment in civil jail for a term which may extend to 6 months.11. ..... a judge has to devise his own procedure, sometimes mechanism, sometimes laying down his own guidelines to act, and sometimes to take decision where to nail the board, of course, within its four corners and as demanded by exigencies of situation. ..... the households articles and the agricultural implements were exempted from attachment under section 60 of the code of civil procedure and under section 147 of the m.p. ..... it is not a judicial act in the sense in which the term is understood. .....