Court : Orissa
Reported in : 101(2006)CLT593
..... the case of national insurance company limited v. kanti devi and ors. 2005 (ii) olr (sc) 348 the issues relating to the liability of the insurer under section 149, of the m.v. act was discussed in detail and the ratios of lehru's case (supra) and swaran singh's case (supra) were critically analyzed.7. the above noted judicial pronouncements make ..... , we feel that the direction for payment of interest from the date of the claim till the date of payment is unreasonable as the litigation prolonged due to the contributory act of both the parties. we, therefore, modify that direction to the extent that the interest at the rate of 8% per annum shall be paid from the date of the .....
Tag this Judgment!Court : Orissa
Reported in : III(2006)ACC787
..... company limited v. kanti devi and ors. ii (2005) acc 712 (sc) : 2005 (ii) olr (sc) 348, the issues relating to the liability of the insurer under section 149 of the motor vehicles act was discussed in detail and the ratios of lehru's case (supra,) and swaran singh's case (supra,) were critically analysed.7. the above noted judicial pronouncements make ..... , we feel that the direction for payment of interest from the date of the claim till the date of payment is unreasonable as the litigation prolonged due to the contributory act of both the parties. we, therefore, modify that direction to the extent that the interest at the rate of 8% per annum shall be paid from the date of the .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT65; [2006(108)FLR1144]; 2006(I)OLR275
..... the procedure relating to the disciplinary proceedings and imposition of penalty and the said shastry award is binding on the parties in accordance with section 18 of the industrial dispute act. the serious irregularities and gross misconduct came to light and the petitioner was placed under suspension by order dated 1.2.1997 vide annexure ..... by her practicing fraud.3. the petitioner on receipt of annexure-5 submitted her show cause on 1.12.1997 vide annexure-6 denying the alleged act of misconduct and irregularities levelled against her. since the explanation furnished by her was not satisfactory and in fact the same was not a true reflection ..... behari patnaik reported in : (1996)iillj379sc . the very discipline of the organization/bank is dependent upon each of its officers and employees acting and operating within their allotted sphere. acting beyond one's authority is by itself a breach of discipline and is misconduct. the charge of serious misconduct having been establihsed and candidly .....
Tag this Judgment!Court : Orissa
Reported in : I(2006)DMC763; 2006(1)OLR123
..... the merit of the findings recorded by the learned judge, family court in the impugned judgment since the appellant wants to invoke the jurisdiction under section 25 of the hindu adoptions and maintenance act. on filing of such application, the judge, family court, cuttack may consider the same strictly in accordance with law. the mata is ..... that because of the changed circumstances and existence of proof that she is entitled to more maintenance, she would approach the appropriate forum under section 25 of the hindu adoptions and maintenance act, 1956 and therefore, she may not press this appeal at this stage and leave may be granted to agitate the same as against ..... the order for enhancement of maintenance under section 25, if that is not considered by the judge, family court, cuttack. learned counsel for the respondent states .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR172
..... submitted that the confession of anil chhotray and so also the statements of other witnesses having been recorded long after the alleged murders, in consonance with section 10 of the evidence act the same should not be accepted.12. stressing his submission that the statement of the key-witness nilendra kumar rout with regard to conspiracy is highly ..... witnesses recorded by the crime branch are also vague and do not prima facie implicate the petitioners in the alleged occurrence.10. placing reliance on section 10 of the evidence act, mr. rath submitted that there is no reasonable evidence to believe that the petitioners had ever any conspiracy to commit the alleged murders. there ..... .r. case no.1301 of 2005 pending before the sdjm, bhubaneswar for alleged commission of offences under sections 302, 120-b, 109 and 34 of the indian penal code read with sections 25 and 27 of the arms act.2. a horrendous murder took place on 18th april, 2005 near prachi divisional executive engineer's office .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR546
..... 6,87,100/- each of which got bounced. after issuing said notice, the suits were filed for recovery. simultaneously, proceedings were initiated under section 138 of the negotiable instrument act and also under section 420, ipc in three complaints, icc nos. 219 220 and 254 of 1989. the high court stayed the proceedings of the civil suits ..... as relating to issuance of three post-dated cheques for which a suit was filed for recovery and simultaneously proceedings were initiated under section 138 of the negotiable instrument act and also under section 420 ipc. the high court stayed the civil suit till disposal of the criminal case. considering all the facts and circumstances therein, ..... moved this court for appropriate relief. since the subject matter of that case was one of exceptional nature and the petitioners were facing a serious charge under section 302/34 ipc, it had been observed that if the petitioners therein were forced to disclose their defence at this stage in the civil court, they .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT458
..... 6,87,100/- each of which got bounced. after issuing said notice, the suits were filed for recovery.simultaneously, proceedings were initiated under section 138 of the negotiable instrument act and also under section 420, ipc in three complaints, icc nos. 219, 220 and 254 of 1989. the high court stayed the proceedings of the civil ..... case was relating to issuance of three post dated cheques for which a suit was filed for recovery and simultaneously proceedings were initiated under section 138 of the negotiable instrument act and also under section 420, ipc. the high court stayed the civil suit till disposal of the criminal case. considering all the facts and circumstances therein ..... moved this court for appropriate relief. since the subject matter of that case was one of exceptional nature and the petitioners were facing a serious charge under section 302/34, ipc, it had been observed that if the petitioners therein were forced to disclose their defence at this stage in the civil court, they .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT60
..... the high court prior to taking over the institution by the government.5. before proceeding further, it is necessary to peruse the relevant provisions of section 15 of the administrative tribunals act which are quoted as under:15. jurisdiction, powers and authority of state administrative tribunals: (1) save as otherwise expressly provided in this ..... consequently, a proceeding pending in the high court requires to be transferred to the orissa administrative tribunal for decision in terms of section 29 of the act. it was also held therein that the case law made in the case of nalini prava dash v. state of orissa and ors. reported in 2000 ..... servant from the date of taking over of the institution. the petitioner filed an original application before the orissa administrative tribunal, cut tack bench, under the administrative tribunals act, 1985, claiming her promotion to the post of trained graduate teacher with effect from 12.5.1989, when she acquired the b.ed, qualification. she further prayed .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR253
A.K. Samantaray, J. 1. The petitioner in this writ petition under Article 226 of Constitution of India has prayed for issue of a direction to the opposite parties to pay him full emoluments from the date of his termination from engagement till the reengagement and for a further direction to regularize his services with consequential benefits from the date on which his immediate junior was regularized.2. The background facts as averred in this writ petition in nut shell are as follows:The petitioner, who was an intermediate, was appointed as Depot Assistant/Junior Assistant on daily wage basis with effect from 1.4.1981 under Similipal Forest Development Corporation (SFDC) and worked efficiently and satisfactorily all through. A departmental proceeding was initiated against him for unauthorizedly availing leave and on conclusion of the inquiry, the Disciplinary Authority passed the following under on 18.7.1987. i) Unauthorisedly availing leave from 12.5.87 onwards by Shri Saroj Kumar Sah...
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT227
N. Prusty, J. 1. The petitioner, who was working as S.I. (CD.) under 114 BN C.R.P.F. at Bhubaneswar and removed from service in a disciplinary proceeding by order dated 27.8.1996 passed by the D.I.G., (P) C.R.P.F., Special Range, confirmed by the appellate order dated 4.6.1997 passed by the Inspector General of Police, C.R.P.F. and the revisional order dated 10.3.1999 passed by the Director General of Police, C.R.P.F., has filed this present writ application for quashing the above impugned order under Annexures 5, 7 and 9 and for a direction to the opposite parties to reinstate him in service with usual service benefits with effect from 15.9.1994.2. The petitioner's case is that after returning from UNTAC duty in Combodia as a part of Indian Police Contingent from August, 1992 to October, 1993 the continued to work in his post under 114 BN, C.R.P.F., Bhubaneswar and sometime thereafter he became seriously ill as he was suffering from P.I.D. He was under treatment of the Medical officer...
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