Court : Orissa
Reported in : 2(1996)ACC713
..... for an authoritative pronouncement by a larger bench for which we are in session of this miscellaneous appeal preferred under section 173(1) of motor vehicles act, 1939 (in short 'the act').2. to appreciate the legal position a brief reference to the factual matrix is necessary. appellant bhagaban mallik filed misc. case no. 637/87 before ..... the tribunal would dismiss the claim petition because of non-prosecution.4. to appreciate the whole scenario it is appropriate to refer to section 168 of the motor vehicles act, 1988 which reads as under:168. award of the claims tribunal.-(1) on receipt of an application for compensation made under section 166, the claims tribunal shall ..... is absent. same also is applicable for the opposite parties if the award has been passed ex parte. to read otherwise would make the scheme of the act and the provisions under the rules nugatory and would defeat the stipulations made therein. we may further observe that the beneficial aspect of order 9 has been made .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT716
..... pay at par with the post of junior accounts assistant. the appropriate government made a reference under section 10 read with section 12 of the industrial disputes act, 1947 (hereinafter referred to as the 'act') as to whether the appellant was entitled to the pay scale of junior accounts assistant, i.e., the scale of pay of rs. 715-1135/- per month .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT80
..... justice out of the proceedings & the series of pronouncements of this court making rules of natural justice applicable to such an enquiry are not affected by the 42nd amendment. we, therefore, come to the conclusion that supply of a copy of the enquiry report along with recommendations, if any, in the matter of proposed punishment to ..... the court, it cannot be subjected to judicial review. in coimbatore district central co-operative bank v. coimbatore district central co-operative bank employees association and anr. : (2007) 4 scc 669, the apex court held that even prior to council of civil service union v. minister for civil service 1985 ac 374, the apex court has ..... servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit & shall act in the manner laid down in rule 15.this rule says that on receipt of the written statement of defence, the disciplinary authority may itself enquire into such .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT100
..... workmen's compensation is an issue relating to maintainability of the proceeding for compensation in view of statutory bar contained under section 53 of the e.s.i. act. therefore, learned commissioner rightly proceeded to decide the issue of maintainability at the threshold. section 29 of the workmen's compensation rules provides that when issues ..... filed an affidavit & also an additional affidavit. in the affidavit it has been categorically admitted that the principal employer is covered under the e.s.i. act. however, in the affidavit as well as additional affidavit the corporation has made averments to the effect that opposite party no. 2 was not covered under the ..... i. act, proceeding under the w.c. act are statutorily excluded.11. in view of the above, proceeding for compensation instituted by opposite party no. 2 before the commissioner for workmen's compensation-cum-deputy labour commissioner, cuttack in w.c. case no. 325-d of 2005 is not maintainable. order dated 08.01.2007 at .....
Tag this Judgment!Court : Orissa
Reported in : 2010CriLJ559
..... had restrained him, while he was proceeding in the cycle. in absence of any such clear evidence implicating accused srikar gouda (appellant no. 2) of any overt act, we are of the view that his conviction under section 302/34, ipc is not proper and justified and according set aside the same. as regard accused manoranjan ..... commit the murder of gopalkrushna. further, there is no credible evidence on record to show that accused srikar gouda (appellant no. 2) had indulged in any overt act, except restraining deceased gopalkrushna, while he was proceeding on a cycle. it is also not clear from the evidence of the prosecution whether such restraint by accused srikar ..... sections 302/34, ipc is improper and illegal. in this regard, it is submitted that as there is no material on record to show that accused srikar had acted in furtherance of common intention to kill . deceased gopalkrushna, the application of the provision of section 34, ipc is erroneous and misconceived. in the alternate, it is .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR167
..... was placed by the learned counsel for the petitioner on a decision of the supreme court in the case of kiran singh v. union of india and ors. reported in (2007) 2 scc (l & s) 733. in the said decision, appellant had secured 65.80% and respondent no. 5, 60.30% in the high school examination but the appellant had more .....
Tag this Judgment!Court : Orissa
Reported in : [2009]149CompCas362(Orissa)
..... requisite majority and thereafter the iccl filed an application under sections 391 to 394 of the act for sanction of the scheme of arrangement. however, subsequently, the idbi by its letter dated october 11, 2005, introduced certain amendments to the conditions of settlement relating to de-rating of equity share capital of the iccl ..... iccl being a sick industrial company, the scheme of arrangement and amalgamation cannot be sanctioned by this court as contemplated under sections 391 to 394 of the act.submissions/contentions of mr. bijan ray, learned senior counsel appearing on behalf of the objectors, namely, rasila bhupendra shah and bally merchandise ltd.15. both ..... and investment corporation of india ltd. v. financial and management services ltd. : air1998bom305 , the court while considering the provisions of section 391 of the act held that since the scheme is essentially an arrangement between the company and its members and the shareholders and/or creditors or class of them, any person .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT252
..... with the amount of compensation, the respondents filed a petition & the matter was referred to the court of civil judge (sr. division), khurda under section 18 of the land acquisition act. the learned civil judge (sr. division), khurda vide order dated 04.12.1982 valued the land at rs. 50,000 per acre with 15% as additional compensation & held that the ..... 1981.2. the facts of the case, as borne out from the records, are that the government of orissa vide notification published under section 4(1) of the land acquisition act, 1894 on 02.06.1980 acquired the land measuring ac. 0.850 decimals out of plot no. 21 measuring ac. 1.240 decimals under khata no. 26 of mouza handiola .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori10
..... even exercising its administrative power is bound to pass a speaking and reasoned order as from the reasons it may be examined as to whether the authority has acted fairly and not arbitrarily. more so, recording reasons is supposed to be the principles of natural justice and requirement of the application of rule of law. it ..... , are liable to be dismissed.5. we have considered the rival submission made by learned counsel for the parties and have perused the record. section 170 of the act, reads as under:170. impleading insurer in certain cases. where in the course of any inquiry, the claims tribunal is satisfied that:(a) there is conclusion between ..... the learned single judge dismissed the appeals as not maintainable on the ground that the appellant did not make any application for permission as required under section 170 of the act and therefore, the appeals were not maintainable. hence, these appeals.3. mr. a. k. mohanty, learned counsel for the appellant has submitted that in case the .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT163
..... unserviceable materials by procedure other than the on instructed by gm (plg.).7. it is further a matter of record that this advice recommendation of the upsc was accepted and acted upon and consequently the order the punishment was passed. from the findings arrived at by the commission, we find that while the commission concluded that there was no loss caused ..... that the present case is a case where action has been taken against the opposite party not for any bona fide purpose and on the contrary, the opposite party had acted in the best interest of the institution by disposing of unserviceable store materials since, at the relevant time, space was urgently required for storage of materials, for the work which .....
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