Court : Orissa
Decided on : Apr-04-1989
Reported in : AIR1989Ori170; 68(1989)CLT41
..... this appeal. this court has decided that apart from the compensation awarded, the landholder whose lands have been acquired is also entitled to additional compensation under section 23(1a) of the act as amended by act 68 of 1984 (vide judgment delivered on 23-8-1988 in misc. case no. 89 of 1988 arising out of f.a. no. 140/ ..... the scope of reference. in other words, the court answering the reference made to it under section 18 of the act was not called upon to decide as to whether the present respondent had interest in the land for the acquisition of which compensation was to be determined. ..... under the notification being 35 acres, in which the respondent was interested, the award oi compensation for 15 acres only was valid. from the language of section 18 of the act and the terms of reference made to the court, it is abundantly clear that the question as to the entitlement of the respondent to thecompensation was beyond .....
Tag this Judgment!Court : Orissa
Decided on : Apr-19-1989
Reported in : 68(1989)CLT175; (1990)ILLJ38Ori
..... is taken, the representatives of the workmen, contractor and the industry have an opportunity to express their opinion.'12. under the scheme of the act under section 10 the parliament has vested in the appropriate government the power to prohibit the employment of contract labour in any process, operation or other work in ..... work in the limestone, dolomite and manganese mines in the country, the central government is bound to consult the central advisory board constituted under section 3 of the act. the central board is of a tripartite character, representing various interests and so the consultation with such a board will enable the central ..... a notification covering more | than one establishment, and much less all the establishments pertaining to an industry in the entire country, is not contemplated under section 10 of the act. in the present case, according to the definition, 'establishment' means any place where any industry, trade, business, manufacture or occupation is carried on. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-1989
Reported in : 68(1989)CLT516; 1989CriLJ2016
..... informant or his party due to the accused being at large.4. chargesheet has been submitted against the opposite parties under sections 147/148/307/323/324/302/337/147, i.p.c. and section 9b of the indian explosives act. as appears from the impugned order of the learned sessions judge, the considerations which have weighed with him to release ..... the opposite parties on bail are the existence of a counter case under section 307, i.p.c. against the informant's group, ..... petition.3. admittedly the state has not moved for cancellation of bail. though there is no absolute bar against an informant to move for cancellation of bail, under section 439(2), cr. p.c., yet the considerations which weigh with the court to exercise powers at the instance of a private person are, besides the factors necessary .....
Tag this Judgment!Court : Orissa
Decided on : May-01-1989
Reported in : AIR1990Ori42
..... at p. 161) (supra) observed thus :'keeping these principles in view, if we, examine the provisions of the state financial corporations act, more particularly section 29 thereof, we find that the act is intended to regulate the activities of the financial corporation and the main object of such corporation is to finance medium and small-scale industries ..... , air 1986 sc 180, and contended that issuance of a notice by the corporation to the petitioners was mandatory before the corporation took action under section 29 of the act. this decision deals with the case of pavement dwellers, in that; case the issue raised was whether the pavement dwellers who are using the pavement ..... repeatedly asserted that the corporation had not given a notice, nor an opportunity of hearing, to the petitioners before taking over their industrial concern under section 29 of the act. in the counter affidavit filed by the corporation on 7-4-1979, the allegation, that the petitioners were neither given a notice nor an .....
Tag this Judgment!Court : Orissa
Decided on : May-03-1989
Reported in : 1989CriLJ1667
..... duration of attack, the maniacal fury with which the attack was delivered and his subsequent conduct were all indications that the accused was acting under some insane impulse and therefore his act was saved by section 84 from constituting the offence.recently a division bench of this court in the case of abhiram kerketa v. state, jail criminal appeal ..... made in the decided cases referred to above, the position is clear that while considering the plea of insanity under section 84 of the penal code all the circumstances preceding, attending and succeeding the criminal act has to be taken into consideration. it will be futile and well-nigh impossible to lay down the circumstances which ..... every person is also presumed to know the law. the prosecution has not to establish these facts. it is for this reason that section 105 of the evidence act places upon the accused person the burden of proving the exception relied upon by him.in the case of unniri kannan v. state reported in : air1960ker24 .....
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 : May-11-1989
Reported in : [1990]76STC319(Orissa)
..... but a variety of chewing tobacco. the decision was in a different context. it appears that in the andhra pradesh general sales tax act there is a provision in section 8 of the act which reads as follows :'subject to such restrictions and conditions as may be prescribed, including conditions as to licences and licence fees, a ..... orissa high court in [1975] 35 stc 179 (state of orissa v. samsuddin akbar khan & co.) were confirmed.11. it appears from section 2(f)(i) of the central excises and salt act that the meaning of 'tobacco' is extended and it includes within its definition other preparations and commodities such as cigarettes, cigars, cheroots, biris, ..... includes any form of tobacco whether cured or uncured and whether manufactured or not.again the definition of 'manufacture' in section 2(f) of the central excises and salt act, 1944, is as follows :'in this act, unless there is anything repugnant in the subject or context--(f) 'manufacture' includes any process incidental or ancillary to .....
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 : May-11-1989
Reported in : (1992)ILLJ23Ori
..... of the case cannot be said to be either unreasonable or contrary to law.21. the labour court which was exercising jurisdiction for reducing punishment under section 11a of the act had undoubtedly wide discretion in the matter of reduction of punishment. the high court under article 227 of the constitution is vested with the right of ..... delinquent workman, his past record and his socio- economic condition are not relevant factors which should weigh with the labour court while exercising its discretion under section 11a of the act. the very denial of 50 per cent of back-wages to the opposite party no. 1 was considered by the labour court to be sufficient punishment ..... for the petitioner. in that supreme court case, the government of maharashtra made the reference regarding the dismissal of the respondent on june 23, 1967. section 11a of the act was brought into operation on december 15, 1971 and it has no retrospective operation on the pending reference. so the said decision does not deal with .....
Tag this Judgment!Court : Orissa
Decided on : Jun-23-1989
Reported in : 1990ACJ288; 68(1989)CLT612
..... injuries on 21.3.1986. alleging that the death was on account of negligent driving of the vehicle, widow, three minor children and parents filed an application under section 110-a of the act claiming compensation of rs. 1,50,000/-. owner and the insurer both contested the claim petition. tribunal, on assessment of material, held that the accident in which ..... whom the liability of the insurer is clearly limited by the legislature. pedestrian is not such a person in respect of whom liability has been limited under section 95(2)(b)(i) of the act. therefore, i am inclined to hold that claimants in respect of an accident caused by a vehicle in which passengers are carried are entitled to get ..... of the insurer in this case ought to have been confined to rs. 50,000/-in all as provided in section 95(2)(b)(i) of the act. it reads as follows:95 (2): subject to the proviso to sub section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following .....
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