Court : Orissa
Decided on : May-16-1996
Reported in : 1996(II)OLR134
..... trial in all criminal prosecutions now flowing from article 21 by virtue of precedential mandate is identical in content with the express constitutional guarantee inserted by the 6th amendment in the american constitution. speedy, i. e., reasonably expeditious trial is an integral and essential part of the fundamental right to life and liberty enshrined in ..... larger bench of two members and such request should ordinarily be accepted. various questions relating to the interpretation of sub-section (6) of section 5 of the act and correctness of the decision in sampath kumar's case (supra) is under consideration of the constitution bench on a reference being made to such bench. ( ..... one of us (hon'ble a. deb, j.) has recently been transferred from gouhati to orissa. presently four judges of this court have been transferred to act as judges in calcutta, gauhati. andhra pradesh and kerala high courts. in fact the present chairman of the tribunal was transferred from this court to allahabad high .....
Tag this Judgment!Court : Orissa
Decided on : Jan-16-1996
Reported in : 2(1996)ACC566
..... in bolani ores case (supra) that the apex court observed from a comparison of the two definitions of motor vehicles before and after amendment by act 100 of 1986 in section 2(18) of the motor vehicles act, 1939 that the vehicles which have been taken out of the category of a 'motor vehicle' are different in these two definitions ..... chart has been given as regards section 2(18) of the motor vehicles act, 1939 before amendment and after amendment. in the new definition under section 2(28) of the act of 1988, we do not find any difference. section 2(18) of the 1939 act being amended runs as follows:'motor vehicle' means any mechanically propelled vehicle adapted for use upon ..... . if it is used solely upon the premises of the owner. these vehicles under section 6 of the bihar taxation act read with section 2(e) thereof would not attract liability to tax. but after the amendment though a motor vehicle may be adapted for use upon roads, nonetheless in order to be taken out of the category .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1996
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
Decided on : Apr-22-1996
Reported in : 2(1996)ACC277
..... .12.1987 the respondent no. 4 voluntarily deposited rs. 42,221.60 before the commissioner for workmen's compensation, visakhapatnam as per the provisions of the act for payment of compensation to the legal representatives of the deceased. the commissioner for workmen's compensation, visakhapatnam, respondent no. 3 sent the aforesaid deposited amount ..... dispute with regard to apportionment, the respondent no. 2 had filed another application challenging the quantum of compensation and claiming more as per section 22a of the act. the respondent no. 1 the commissioner at cuttack issued notice with regard to enhancement of quantum.3. while the case was pending for consideration for grant ..... has misconstrued the transfer of record by the commissioner, visakhapatnam and he has failed to appreciate the import of the language of section 21 of the act. it is further submitted by him that the respondent no. 1 has failed to exercise the jurisdiction vested in him and has committed gross illegality while .....
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