Court : Orissa
Decided on : Jul-16-2003
Reported in : II(2004)ACC72; 2005ACJ1041; 96(2003)CLT515
..... co. ltd. and ors., reported in 2001 (1) tac 649 (sc), wherein it was observed that though it. was formulated for the purpose of section 163-a of the motor vehicles act, we find it a safer guidance for arriving at the amount of compensation than any other method.17. in this regard, it was argued by the respondents ..... been awarded towards the toss of love and affection. according to him, the tribunal having not followed the provisions envisaged in the second schedule to section 163-a of the motor vehicles act, 1988 relating to the notional income of the deceased has committed an error in passing the impugned judgment which requires interference of this court and the ..... rash and negligent manner ran over the boy from behind causing his instantaneous death. the unfortunate father and mother of the child filed claim application under section 166 of the m.v. act, 1988 before the tribunal.3. the tribunal framed as many as five issues and on the basis of the oral and documentary evidence came to hold .....
Tag this Judgment!Court : Orissa
Decided on : Jul-15-2003
Reported in : 2003(II)OLR179
ORDER1. Heard learned counsel for the parties.2. The petitioner asserts to have worked as a Non-Formal Instructor/Supervisor under the Non-Formal Education Scheme which has since been discontinued by the Government and in its place, a new scheme called E.G.S. and A.I.E. scheme has been introduced. Under the new scheme, according to the Government instruction/guidelines, the retrenched, N.F.E. Instructors/Supervisors are to be given preference in appointment/engagement of Education Volunteers (Swachhasevi Sikshya Sahayaks). But it is alleged that instead of following the instructions and giving preference to the petitioner, the opposite party-authorities under the Scheme have proceeded with the appointment/appointed persons of their choice, which is illegal, arbitrary and liable to be quashed. The petitioner appears to have made a representation to the Collector of the District raising such grievances but it is yet to be attend to.3. In such view of the matter, we feel it appropriate th...
Tag this Judgment!Court : Orissa
Decided on : Jul-09-2003
Reported in : II(2004)ACC50; 2005ACJ1321; 2003(II)OLR189
..... course of and arising out of his employment. originally, four issues were framed by the commissioner, namely :1. was the deceased a workman within the meaning of the w.c. act ?2. did the accident arise, out of and in course of the employment of the deceased ?3. what was the age and monthly wage of the deceased at the time ..... on record, the commissioner answered issue nos. 1 and 2 in favour of the claimants by holding that the deceased was a workman within the meaning of the w.c. act, who died in an accident in course of and arising out of his employment. as to issue no. 3, it was held that the deceased was 42 years of age .....
Tag this Judgment!Court : Orissa
Decided on : Jul-04-2003
Reported in : 96(2003)CLT222; [2004]135STC187(Orissa)
..... points but without any success as is evident from the appellate order dated 2.7.1994 (annexure-2). thereafter the sales tax officer reopened the matter under section 12(8) of the act and passed order dated 28.12.1993 (annexure-3) holding that lal dantmanjan is exigible to tax at the rate of 12% as per residual item 105 ..... be taxed under the residual item.5. item 37 of the list of taxable goods reads as follows :'37.drugs as defined in clause (b) of section 3 of the 'drugs and cosmetic act, 1940, and ayurvedic, homoeopathic and unani medicines.'six percentresidual item 105 reads as follows :'105.all other goodstwelve percent'.6. in order to bring lal ..... judgment dated 12.1.1995 (1997) 104 s.t.c. 198 observed as follows :'...the question whether product with which we are concerned is covered by section 3(b) of the drugs act was not under consideration of the apex court; even incidentally, another interesting feature is that the assessing officer has stated that prior to april 21, 1993 .....
Tag this Judgment!Court : Orissa
Decided on : Jul-02-2003
Reported in : 2003(II)OLR187
..... the claimant challenged the award of compensation as fixed by the government before the learned civil judge (senior division) deogarh.3. the claimant on receipt of notice under section 9(3) of the act claimed compensation basing on the annual net yield multiplied by twenty. according to him. the acquired land is fertile for which the compensation fixed by the state government ..... land of the respondent to the extent of ac. 5.12 decimals in jambunal mouza for construction of rengali dam project. in this connection there was notification under section 4(1) of the act being published in orissa gazette vide eog no. 1030 dated 18.7.1982. the state fixed the market value of the acquired land at. rs. 22,160 ..... m. papanna, j.1. state of orissa brought this appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as the 'the act'). the appellant challenged judgment of the learned civil judge (senior division), deogarh in l. a. case no.'72 of 1999'awarding a sum of rs. 1,02.48 1 .....
Tag this Judgment!Court : Orissa
Decided on : Jun-28-2003
Reported in : 96(2003)CLT296
..... rendered infructuous because of lapse of time. he also argued challenging to the maintainability of the civil revisions in view of the recent amendment in section 115 of the cpc by act 46 of 1999.8. so far as the impugned orders passed by learned 2nd addl. district judge is concerned, the order relating to refusing ..... 2003, this court finds the civil revision to be not maintainable because the nomenclature 'appeal' does not qualify to the terms 'suit or other proceedings' as provided in section 115, cpc. apart from that recalling the order of admitting the appeal, in this case would not have consequentially resulted in dismissal of the appeal. on the other ..... such time as the appellate court may allow, deposit, the amount disputed in the appeal or furnish such security in respect thereof as the court may think fit.' section 96, cpc provides for appeals from original decree and that reads as hereunder :'96. appeal from original decree : (1) save where otherwise expressly provided in the body .....
Tag this Judgment!Court : Orissa
Decided on : Jun-26-2003
Reported in : 2003(II)OLR530
..... .04 ctf. illegally. u.d. case no. 6 of 2002-2003 was registered at nayagarh range and confiscation proceeding was initiated. the petitioner filed an application under section 57 of the orissa forest act for interim release of the said vehicle pending confiscation proceeding. the authorised officer, nayagarh division, rejected the said prayer for interim release by order dated 18.10.2002 ..... of the owner of the vehicle within three days of such furnishing of cash and property security. the petitioner will also furnish a bond in terms of section 57 of the orissa forest act that he will produce the vehicle as and when required by the authorised officer or by the magistrate trying the offence in the said confiscation proceeding or the .....
Tag this Judgment!Court : Orissa
Decided on : Jun-26-2003
Reported in : 2003(II)OLR329
..... petitioner was the secretary of the co-operative society. it is also submitted that on the basis of the audit report, a false case has been initiated against him under section 409, i.p.c.3. taking into consideration all the facts and circumstances, as a special case, i direct that if the petitioner surrenders before the learned j.m.f .....
Tag this Judgment!Court : Orissa
Decided on : Jun-24-2003
Reported in : 2003(II)OLR195
R.K. Patra, J.1. The petitioner's are said to be elected Ward Members of Kantia Gram Panchayat under Jatni Block of the district of Khurda. In this writ petition, they seek quashing of the work order dated 7.6.2000 at Annexure-4 issued by the Block Development Officer in favour of opposite party No. 5 relating to the work 'restoration of Kantia road to Gram Panchayat office road'.2. The sum and substance of the grievance of the petitioners is that before the work was entrusted to opposite party No. 5, the Ward Members were not noticed nor any meeting was convened by the Block Development Officer for the purpose.3. In the counter affidavit filed by the Block Development Officer, the allegations made in the writ petition have been stoutly denied. It has been stated therein that Palli Sabha was conducted in village Kantia for selection of village work representative to execute the emergent work damaged during , the super cyclone. Notices were duly issued On 26.5.2000, Palli Sabha was held...
Tag this Judgment!Court : Orissa
Decided on : Jun-20-2003
Reported in : 2003(II)OLR316
..... 3. shri padhi, the learned senior counsel for the petitioner submitted that none of the ingredients of section 493 being satisfied, the learned magistrate could not have taken cognizance of the said offence and has mechanically acted on the basis of the charge-sheet submitted by the investigating officer. shri padhi further submitted that for ..... the purpose of section 493 of the penal code, a complaint is required to be filed and on the ..... that the learned magistrate was justified in taking cognizance. here the case is completely different. the charge-sheet having been filed for commission of offence under section 493 of the penal code which is non-cognizable offence, the learned magistrate could not have entertained the charge-sheet and take cognizance on the basis of .....
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