Court : Orissa
Decided on : Nov-01-1989
Reported in : II(1989)ACC574
..... is now well settled that for the death of or bodily injury to any person, claim for compensation may be adjudicated under the motor vehicles act as well as the workmen's compensation act. while inserting section 110-a a, the parliament was aware of the existing law. therefore, when a new forum is created, it must be deemed that a ..... v. bidi 1972 acj 187 (orissa), where also the driver of the truck had died in an accident and a claim petition was filed under section 110-a of the motor vehicles act before the claims tribunal. while answering the question as to whether the liability of the insurance company had ceased when a claim was preferred under the ..... orissa) and the orissa co-operative insurance society ltd. v. sarat chandra champati 1975 acj 106 (orissa), apart from being prior to the insertion of section 110-aa in the motor vehicles act, were deciding the question of the liability of the insurer. the point in issue in the present case did not arise there for the obvious reason that .....
Tag this Judgment!Court : Orissa
Decided on : Sep-26-1989
Reported in : 1990CriLJ1581
..... an offence falls within the aforesaid provision, then the punishment is only fine which may extend to rs. 1,000/ -. it is also necessary to quote sub-section (3) of section 27 of the act, so far it is relevant:--'(a) xxx xxx(b) quarries stone, burns lime or charcoal or collects, subjects to manufacturing process or removes any forest produce; ..... mohapatrah, j.1. this appeal is directed against the judgment passed by the learned judicial magistrate, nayagarh, acquitting the respondent of an offence punishable under section 27 of the orissa forest act, 1972 (shortly stated 'the act').2. prosecution case, in brief, is that on 23-9-1979 at about 5.00 p.m., p.ws. 1 and 2. both forest ..... on the merits of the case.5. mr. p.k. mohanty, learned addl. govt. advocate, contended that the case was under section 27(3)(b) of the act and as such, the period of limitation is three years under section 468(2)(c), cr. p.c. accordingly, the order of cognizance was not barred by limitation.mr. r. k. kar, learned .....
Tag this Judgment!Court : Orissa
Decided on : Mar-14-1989
Reported in : 67(1989)CLT798; (1994)IIILLJ516Ori
..... other regular employees and is an establishment in public sector as defined in clause (16) of section 2 of the payment of bonus act. the next question is if the n.m.r. employees were entitled to bonus under section 8 of the act. section 8 reads as under:'8. eligibility for bonus.- every employee shall be entitled to be paid ..... r.c. patnaik, j.1. this is an application by the orissa state housing board against the award passed by the labour court under section 33c(2) of the industrial disputes act directing payment of bonus to the n.m.r. employees working under the board and quantifying their entitlements in annexure-2. the award was passed in i.d ..... , we have no hesitation in holding that the n.m.r. employees are employees to whom provisions of sections are applicable and they are entitled to bonus under the payment of bonus act, 1965. the decision of the labour court is, therefore, unexceptionable and is sustained. in the result, the writ application is dismissed. no costs.v. gopalaswamy, j .....
Tag this Judgment!Court : Orissa
Decided on : Feb-17-1989
Reported in : AIR1989Ori173; 68(1989)CLT65
..... admitted to the privileges of the university. this is why such a college and its principal have been defined in clauses (a) and (d) of section 2 of the delhi university act. even if the office of the principal is not regarded statutory in the sense that, it is created by a statute, it is a public office ..... the university are, therefore, parts of the university. the ordinances of the university are 'law' as they are enacted in exercise of the power conferred by sections 30 and 31 of the delhi university act (sukhdev singh v. bhagat ram, (1975) 1 scc 421 : air 1975 sc 1331 and sirsi municipality v. cecelia kom francis tellis, (1973) 1 ..... ...........(a) 'college' means an institution whichapplies for admission to the university or has been admitted to the privileges of the university in conformity with the provisions of the act and these statutes but does not include a school, whether it is an independent institution or forms a part of college as defined herein;'regulation no. 170 which deals .....
Tag this Judgment!Court : Orissa
Decided on : May-10-1989
Reported in : 1990ACJ631; AIR1990Ori74
..... to be wrong for non-consideration of earlier decision of the division bench in 1973 acc cj 319 (supra).22. while considering to determine the compensation under section 110b of the act, the tribunal or the high court in appeal is not to consider the amount which would be more than the just compensation. getting more than the ..... . ltd., nellore v. pallamparty indiramma), the submission that compensation should be determined on the basis of interest theory was negatived pointing out that under section 110-a of the motor vehicles act what is contemplated is payment of compensation for the death or injury and not any substitute for the loss of income and the compensation has to ..... l. rath, j.1. the sole question for which this reference has been made to this bench is whether in assessing compensation under section 110-d of the motor vehicles act and reaching the figure of the lump sum payable, the prevailing interest rate payable by the banks is available to be taken into consideration so as .....
Tag this Judgment!Court : Orissa
Decided on : Feb-14-1989
Reported in : AIR1989Ori189
..... affairs of the society and, therefore, the society must be held to be an authority controlled by the state government and consequently section 41a of the act must apply.4. section 41 a. sub-section (1) which is relevant for this case is extracted below :'41 a. constitution of and reference to the arbitration tribunal. (1 ..... considered opinion, the petitioners' society cannot be construed to be an authority under the control of the state government within the said expression used in section 41a of the act and accordingly, the dispute in question is not required to be referred to the arbitration tribunal. the conclusion of the learned subordinate judge is, ..... other authority controlled by the state' government'. therefore, the expression used in article 12 of the constitution is almost similar to that used in section 41a of the act and consequently, the ratio of several decisions explaining the meaning of the aforesaid expression in article 12 will have a great bearing in interpreting the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-07-1989
Reported in : AIR1990Ori199
..... 1 have discussed in the earlier paragraphs that 'a' schedule service tenure is a grant burdened with service being service to the public in general as provided in section 235(1) proviso of act, it is not liable to partition and alienation. accordingly, defendants nos. 2 to 4 had no right to alienate any part of the same and defendant no ..... principle in decision reported in 1lr (1974) cut 909 : (air 1975 orissa 139) (supra) service tenures for rendering service to a person or a family under section 235 (i) of the act is grant in lieu of rent where in absence of rendering service the service holder shall not be liable for eviction but the grantor shall be entitled to ..... 191 (kunja rout v. radhu moharana) and submitted that a tenant is to establish that in his homestead he ordinarily resides to bring it within the scope of section 236(i) of the act as substituted in 1946. he also relied upon the decision reported in (1967) 33 cut lt 725 : (air 1967 orissa 86) (bineswar giri v. haraprasad behera) .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1989
Reported in : AIR1989Ori257; 68(1989)CLT350
..... since they have expressed the desire to use it for themselves, it would not be within the powers of the court to insist upon further scrutiny.6. under section 7(4) of the act, the landlord may apply to the controller for an order directing the tenant to put him in possession of the house, if he requires the house in ..... was a wilful defaulter and/or that the landlords' requirement was bona fide.5. as regards the bona fide requirement, the only averment made in the application under section 7 of the act by the landlords was that they need the disputed shop room for their personal use as they want to start a business in the shop room for their maintenance ..... and opposite parties 2 to 4 are his daughters. on 10-6-1976 the present opposite parties 1 to 3 filed an application under section 7 of the orissa house rent control act, 1967 (hereinafter referred to as the 'act') praying for eviction of the petitioner mainly on two grounds namely; (i) wilful default in payment of rent and (ii) bona fide .....
Tag this Judgment!Court : Orissa
Decided on : Dec-04-1989
Reported in : 69(1990)CLT648; [1990]78STC475(Orissa)
..... that belief has failed to pay the tax at enhanced rate, it cannot be a case of 'fraudulent evasion', within the ambit of clause (c) of section 14(1) of the act. section 14(2)(b) must be interpreted to mean that in case of a fraudulent evasion, the levy of penalty would be double the amount of tax evaded ..... second submission of mr. lal is concerned, we, however, find sufficient force in the same. the second contention really centres round an interpretation of section 14(2)(b) of the act. under sub-section (1) of section 14, four different types of defaults are contemplated under clauses (a) to (d). if the default in question is covered by clause (a) ..... no infirmity in the same. the rival contentions require a careful examination of the provisions of the statute.4. for better appreciation of the point in issue, section 14 of the act is quoted herein below in extenso:'14. penalties.--(1) the proprietor of any entertainment who-- (a) admits any person for payment to any place of entertainment .....
Tag this Judgment!Court : Orissa
Decided on : Aug-09-1989
Reported in : AIR1990Ori98
..... the cancellation cannot be sought forindependently. i would thus hold the suit to be one for relief of declaration with consequential relief and is to be governed by section 7(iv)(c) of the act.10. next is the question as to what valuation is to be put by the plaintiffs on the plaint for the purpose of court-fee and jurisdiction ..... is couched is not to be taken as the determinative factor .........'5. learned counsel for the petitioner, while contending that the court-fee is to be paid under section 7(iv)(c) of the act, has placed reliance on the decisions in sadananda sahu v. state of orissa, air 1962 orissa 102, jhara padhamuni v. bhagirathi padhan, ilr (1976) cut 707, ..... deed, the suit has to be valued on the valuation of the property and ad valorem court-fee has to be paid as required under section 7(iv)(c) of the court-fees act (shortly stated 'the act'). it is further submitted that the valuation of the property being more than rs. 50,000/ -, the munsif, in whose court the suit was .....
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