Court : Orissa
..... determine the just compensation under section 168 of the m.v. act in the given circumstances in a particular case. there is no restriction that the compensation could be awarded only up to the amount claimed by the ..... , the tribunal assessed income of the deceased at rs.15,000/- per annum on the basis of the notional income prescribed in the second schedule under section 163-a of the m.v. act. besides, compensation of rs.2,000/-, rs.5,000/- and rs.2,000/- respectively was also allowed towards funeral expenses, loss of consortium to ..... another and m/s. oriental insurance company ltd. vs. kunibala sahoo & others, 2011 (1) ilr cut 115, held as follows:- section 168 of the m.v. act deals with award of claims tribunal. the said section empowers the claims tribunal to determine the amount of compensation which appears to it to be just. therefore, the tribunal is duty bound to .....
Tag this Judgment!Court : Orissa
..... determine the just compensation under section 168 of the m.v. act in the given circumstances in a particular case. there is no restriction that the compensation could be awarded only up to the amount claimed by the ..... , the tribunal assessed income of the deceased at rs.15,000/- per annum on the basis of the notional income prescribed in the second schedule under section 163-a of the m.v. act. besides, compensation of rs.2,000/-, rs.5,000/- and rs.2,000/- respectively was also allowed towards funeral expenses, loss of consortium to ..... another and m/s. oriental insurance company ltd. vs. kunibala sahoo & others, 2011 (1) ilr cut 115, held as follows:- section 168 of the m.v. act deals with award of claims tribunal. the said section empowers the claims tribunal to determine the amount of compensation which appears to it to be just. therefore, the tribunal is duty bound to .....
Tag this Judgment!Court : Orissa
..... his permission, investigation was taken up. vide order dated 04.03.2010 passed by the sub-divisional magistrate, champua in misc. case no.16 of 2010 under section 144 cr.p.c., railway authorities including others were restrained from entering into and conduct any activity relating to loading and unloading of materials at the bansapani railway ..... claimed rs.8,69,61,600/- for stacking charges for the period from 01.03.2010 to 30.04.2010 (excluding the period when there was promulgation of section 144 cr.p.c. order by the s.d.m., champua). the railway ministry again issued letter dated 22.06.2010 allowing the stacked materials at bansapani ..... c.p.c. therefore, the writ petition is not maintainable as disputed questions of fact are involved in this writ petition. since the petitioner has committed unlawful act by dumping the alleged materials in the railway premises without any authority and required permission, the wharfage/stacking charges has been rightly imposed on such illegal stacking/ .....
Tag this Judgment!Court : Orissa
..... was found dead in the toilet of the said school with bleeding injury on her vagina. polsara p.s. case no.98 dated 30.09.2008 was registered under sections 302/376 ipc against the accused persons, who are the teachers of the said school, namely, durga prasad sahu, santha charan pattnaik and biswanath gouda on the basis of ..... the schools. the state is also liable to protect the life of the children studying in schools and ensure their education with dignity. since the heinous, barbaric and inhuman act has been committed by the teacher of a government school, it would be appropriate to hold that this case is governed by the legal maxim respondeat superior and thus ..... the state that the writ petition filed by the petitioner claiming compensation is not entertainable by this court is also not sustainable in law. the state is liable for tortious act committed by its employees in the course of their employment. 9. needless to say school is a temple of learning. it is the prime duty of the state .....
Tag this Judgment!Court : Orissa
..... of receipt of copy of the judgment. the direction of the tribunal does not appear to be just and proper. section 171 of the m.v. act provides that where any claims tribunal allows a claim for compensation under the m.v. act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such ..... years at the time of accident, the tribunal has not committed any error in applying multiplier 17 which is in conformity with the second schedule attached to the m.v. act. therefore, determination of compensation by the tribunal at rs.4,27,500/- which includes compensation towards funeral expenses, loss of estate, loss of consortium, sudhi ceremony expenses etc. is perfectly .....
Tag this Judgment!Court : Orissa
..... of the constitution bench decision in babu barkya (supra) wherein the constitution bench indicated that all the requirements of part vii of the act especially section 40 could be considered in section 5a enquiry itself which would include all and any objection of the land owners including the objection in regard to acquisition in favour of a ..... consulted the committee and has considered the reports submitted by the collector under the rule and the report, if any submitted under section 5a of the act and the agreement under section 41 of the act has been executed by the company and published in the official gazette. the above said mandatory procedure has not been complied with ..... did not furnish to opposite party no.14 certified copy of the memorandum and articles of association as required under the provisions of sub-section (2a) of section 31 of the act. further the assistant registrar has stated at para 10 of the affidavit that change of status of the foundation from private to public was .....
Tag this Judgment!Court : Orissa
..... of the constitution bench decision in babu barkya (supra) wherein the constitution bench indicated that all the requirements of part vii of the act especially section 40 could be considered in section 5a enquiry itself which would include all and any objection of the land owners including the objection in regard to acquisition in favour of a ..... consulted the committee and has considered the reports submitted by the collector under the rule and the report, if any submitted under section 5a of the act and the agreement under section 41 of the act has been executed by the company and published in the official gazette. the above said mandatory procedure has not been complied with ..... did not furnish to opposite party no.14 certified copy of the memorandum and articles of association as required under the provisions of sub-section (2a) of section 31 of the act. further the assistant registrar has stated at para 10 of the affidavit that change of status of the foundation from private to public was .....
Tag this Judgment!Court : Orissa
1. In this writ petition, petitioners have assailed the legality of order dated18.4.2002 passed by Additional District Judge, Fast Track Court No.2, Bhubaneswar in Civil Revision Nos.26 of 2001 (12 of 2002) by which order dated 9.7.2001 passed by learned Civil Judge (Senior Division), Bhubaneswar in O.S. No.190 of 1984-I rejecting petitioner's application under Order 6 Rule 17 read with 151 of the C.P.C. for amendment of written statement was confirmed. 2. Petitioners are legal heirs of defendant no.1 whereas opposite party nos.1 to 3 are legal heirs of the plaintiff and opposite party no.4 is the defendant no.2 in the suit. Government of Orissa in the General Administration Department has been impleaded as defendant no.3. 3. Defendant no.1 being the lessee of the Government in respect of the suit land entered into registered agreement for sale dated 6.1.1973 with the plaintiff for a consideration of Rs.4,800/-. As per the agreement defendant no.1 received advance of Rs.2,900/-, handed...
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..... in and around chandaka (bhubaneswar) command area and bidanasi (cuttack) command area. the scheme was publicized and gazetted in terms of section 29 of the electricity (supply) act, 1948 (for short, 'the act, 1948') inviting objections from any person interested regarding execution of the scheme within two months from the date of publication. the scheme ..... was duly concurred by cea under section 31 of the act, 1948. petitioner purchased the land in question by a sale deed dated 30.12.2005. thereafter, the petitioner filed civil suit no.72/06 before ..... concerned, it has been brought to our notice that the appellants before us have already availed themselves of the remedy provided for in section 8(5) of the investigation commission act and that a reference has been made to the high court of allahabad in terms of that provision which is awaiting decision. in these .....
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..... for the intervenor ghanashyama- meher submitted that, the public notice . inviting public objection under annexure-3 had duly. complied with the _ requirement of the section 22/of the bihar andorissa excise act read l with rules 3 & 4 of the orissa excise (exclusive privilege) foreign - _ liquor rules, 1989. learned counsel further submitted that by ..... '3. mr. sarnal further submitted that the public notice inviting objection dated 11.11.2009 under annexure-3 did not satisfy the requirement of section 22 of the bihar and orissa excise act, 1915 since the notice failed to specify the "loca1ity" and the "loca1 area" within i which the excise privilege was intended to be ..... boden, even then, the decision of the state government to settle the said imfl off shop through "lottery" was not in consonance section a 29(2)(a) of the bihar and orissa excise act, 1915, since, it was stipulated therein that the state government may grant exclusive privilege either by "auction" or by calling "tender" .....
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