Court : Orissa
Decided on : Apr-15-2003
Reported in : 96(2003)CLT37
pradip mohanty, j.1. this appeal is one under section 173(1) of the motor vehicles act, 1988 (hereinafter referred to as 'the act') against the order dated 19.9.1996 passed by the 3rd motor accidents claims tribunal, balasore, in m.a.c.t. case no. 38/106 (c) of 1996/94.2. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-10-2003
Reported in : 2003(I)OLR550
..... the facts of the present; case are different than that of the decision referred to above, the principle laid down by the apex court while interpreting section 20-a of the act fully apply to the present case. there being no other evidence available on record at this stage except the statement of the co-accused. i am ..... availability of evidence to show that the adulteration had taken place at the hands of the manufacturer. in support of his contention, the learned counsel referred to section 20-a of the act and also relied upon a decision of the apex court in the case of m/s. omprakash shivprakash v. k.i. kuriakose and ors. reported in ..... . after the learned magistrate took cognizance of the said offence, an application was filed by the petitioner for reconsideration of the order taking cognizance referring to section 20-a of the act.3. shri pujari, the learned counsel appearing for the petitioner submitted that the learned magistrate could not have taken cognizance of the offence so far as .....
Tag this Judgment!Court : Orissa
Decided on : Apr-10-2003
Reported in : 2003(I)OLR547
..... order dated 23.7.2002 passed by the learned 1st additional sessions judge, berhampur in s.c. no. 26 of 1999 rejecting the petition filed by the accused-petitioner under section 311 of the code of criminal procedure to summon the revenue inspector, kelua for the purpose of production of village settlement map. r.o.r. etc.2. from the impugned ..... is the i.o. was examined, cross-examined and evidence from the side of the prosecution was closed. on , the said date a petition was filed by the petitioner under section 311 of the code of criminal procedure to summon the revenue inspector, kelua to cause production of the village settlement map of village gothagam, khatian and r.o.r. of .....
Tag this Judgment!Court : Orissa
Decided on : Apr-09-2003
Reported in : 2003(I)OLR559
..... such deed of conveyances were created in favour of mir kefayat his name found place in the r.o.r. in ext.3 which suggest that such sale deeds were acted upon accordingly the name of the purchaser was recorded in the r.o.r. the purchaser mir kefayat again sold the property to dhuma under the sale deed dated 29 .....
Tag this Judgment!Court : Orissa
Decided on : Apr-04-2003
Reported in : 2003CriLJ2923; II(2004)DMC159
..... and decided in favour of the informant with reasons and, therefore, there is no justification for this court to reconsider the same question again in exercise of the powers under section 482, cr. p.c.4. shri mohanty, the learned counsel appearing for the petitioners submitted that a bare reading of the f.i.r. and the statements of the ..... dowry at the above places. accordingly, on the basis of such allegations the case was registered for commission of offences under sections 498-a, 406 and 34 of the penal code read with section 4 of the dowry prohibition act. on completion of investigation, charge-sheet was submitted for commission of the offences mentioned above and in the impugned order charge ..... learned j.m.f.c., baripada in g.r. case no. 214 of 1999 framing charge for commission of offences under sections 498-a, 406 and 34 of the penal code read with sections 3 and 4 of the dowry prohibition act.2. petitioner no. 1 is the husband of the informant, puja shaw. the f.i.r. has been lodged on .....
Tag this Judgment!Court : Orissa
Decided on : Apr-04-2003
Reported in : 2003(I)OLR536
..... civil revision petition.3. petitioner is the respondent and the opposite party is the applicant in title suit no. 750 of 2001 instituted for the relief under section 9 of the hindu marriage act, 1955. that suit has been instituted and pending in the court of civil judge (senior division), balasore. inter se relationship between the petitioner and the ..... the petitioner is a young woman aged 25 years and she is to be accompanied by a child aged about two years. notwithstanding the fact that section 19 of the hindu marriage act, 1955 allows the option to the applicant to institute the suit at any of the three places enumerated therein and the court at balasore has the local ..... jurisdiction to decide the issue but at the same time section 24 of the code authorises the court to pass order of transfer of the suit appeal .....
Tag this Judgment!Court : Orissa
Decided on : Mar-28-2003
Reported in : 96(2003)CLT159
..... operative banks not to go for fresh recruitment to any post without the approval of the competent authority. he further submitted that section 33-a read with section 123-a of the orissa co-operative societies act, 1962 conferred power on the government to issue such instructions and circulars prohibiting the co-operative societies to make any appointment. ..... others (supra) the supreme court held that the power of review available to the administrative tribunal is the same as has been given to a court under section 114 read with order 47, cpc and is not absolute and is hedged in by the restrictions indicated in order 47, cpc. the restrictions on power of ..... department in annexure-1 series to the review petition are statutory instructions issued by the government in exercise of its power under sections 33-a and 123-a of the orissa co-operative societies act and appointment of smt. basanti swain, the writ petitioner contrary to the said statutory instructions/circulars were illegal and hence, no .....
Tag this Judgment!Court : Orissa
Decided on : Mar-27-2003
Reported in : 96(2003)CLT29
..... in that behalf by any sevak, after making an enquiry in the prescribed manner on all or any of the grounds enumerated in that section. section 21-a of the temple act confers power and control on the administrator over all sevaks and servants attached to the temple or in receipt of any emoluments or perquisites therefrom ..... to permit him for keeping two earthen pots of bhogas in front of lord balabhadra jew without causing any hindrance to the institution. under section 23-a of the jagannath temple act the administration has unfettered right to regulate the performance of niti and can supervise and keep control over all the sebayats. therefore, if the ..... after due deliberation has resolved to make further enquiry and decide as to how different persons should be allowed to acquire the panti. as per section 15 of the shri jagannath temple act, 1954, the appellants are empowered to make adequate arrangement for performance of seba-puja and observance of periodical niti of the temple. assuming, .....
Tag this Judgment!Court : Orissa
Decided on : Mar-26-2003
Reported in : I(2004)ACC813; 2005ACJ888; 96(2003)CLT384
..... of calcutta and was posted at bhubaneswar with a salary of rs. 7,000/-per month. the widow and the old parents of the deceased filed an application under section 166 of the act before the 2nd. motor accidents claims tribunal, cuttack, against the owner and the insurer of the offending car claiming a compensation of rs. 20,00,000/-, for the ..... insurance co. v. nicoltetta rohatagi, reported in air 2002 sc 3350 wherein it was held that unless the insurer is permitted by the tribunal in terms of section 170 of the m. v. act, it cannot challenge the award questioning either the quantum or negligence. in this case admittedly no permission was granted to the insurer.8. now coming to the ..... b. p. das, j. 1.the insurer-new india assurance co. ltd. has preferred thisappeal under section 173(1) of the motor vehicles act, 1988 (in short 'the act') challenging the judgment passed by the 2nd. motor accidents claims tribunal, cuttack, in misc. case no. 117 of 1995 in which a sum of rs. 8,05,000/- has .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-2003
Reported in : 96(2003)CLT46
..... labour in any establishment should be abolished or not and it has to decide after considering the matters in the light of the provisions contained in section 10 of the act. the apex court rejected the contention of the petitioners therein that the absolution of contract labour can be entertained by the court. mr. palit, ..... employment of contract labour in any process, operation or in any other work is a matter for the decision of the government under section 10 of the contract labour (regulation and abolition) act, 1970 and not the courts. it is for the central government to enquire and decide whether employment of contract labour in any ..... national union water front workers and ors., etc. etc. 2001 (6) supreme 602, it has been held that neither section 10 of the act nor any other provision of the contract labour (regulation and abolition) act expressly or by necessary implication provides for automatic absorption of contract labour on issuance of a notification by appropriate government.6. a .....
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