Court : Orissa
Decided on : Jun-20-2003
Reported in : 2003(II)OLR224
..... came to be decided by a three-judge bench of the supreme court in new india assurance co. ltd. v. asha rani, air 2003 s.c. 607. considering section 147 of the 1988 act, the supreme court held that the owner of the goods or his authorised representative carried in goods vehicle if dies or suffers any bodily injury in the accident ..... paragraphs 18, 19, 22 and 23 of the judgment of this court in kanchan bewa (supra).6. the case at hand is governed by the motor vehicles act. 1988. the provisions of section 147 of this act (prior to amendment of 1994) was considered by the supreme court in new india assurance company v. satpal singh, air 2000 s.c. 235 wherein it ..... in kanchan bewa (supra) has been approved by the supreme court in smt. mallawwa v. oriental insurance co, ltd.. air 1999 s.c. 1939. after construing section 95 of the motor vehicles act. 1939 their lordships of the supreme court in the aforesaid case held that the insurance company is not liable in case of death of the owner of goods .....
Tag this Judgment!Court : Orissa
Decided on : Jun-20-2003
Reported in : 2003(II)OLR321
..... the matters examined. no costs.'5. counsel for parties urged the following points :(i) after regulations were made by the board of secondary education under section 21(ii) of the orissa secondary education act, 1953, the qualification for p.e.t. in the non-government secondary school was matric with c.p. e.d. (vide clause 20- ..... of the erstwhile orissa education code because all the writ petitioners have come to be appointed after the enforcement of the orissa secondary education act, 1953. as provided under section 3 of the said act, the state government constituted orissa board of secondary education to regulate, control and develop secondary education in the state. under ..... that for the schools with classes from vi to x having no additional sections, there should be one p.e.t. section 27(1) of the orissa education act, 1969 empowers the state government to make rules for carrying out all the purposes of the said act. in exercise of the power the state government have made the orissa .....
Tag this Judgment!Court : Orissa
Decided on : Jun-20-2003
Reported in : II(2004)ACC174; 2003(II)OLR167
pradip mohanty, j.1. this is an appeal under section 30 of the workmen's compensation act, 1923. challenging the judgment dated 25.7.01 passed by the commissioner for workmen's compensation, ganjam, berhampur. in w.c. case no. 108 of 1998. being aggrieved by the .....
Tag this Judgment!Court : Orissa
Decided on : Jun-20-2003
Reported in : II(2004)ACC728; 96(2003)CLT261; 2003(II)OLR151
..... are the custodians of law and order should have the greatest respect for the personal liberty of citizens and should not flout the laws by stooping to such bizarre acts of lawlessness. custodians of law and order should not become depredators of civil liberties. their duty is to protect and not to abduct.''... we have no doubt ..... infringements of fundamental rights cannot be corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield...'7. the aforesaid decision of the ..... should also be passed by this court for punishing the officer-in-charge of soro police station and other police officials of the said police station for the aforesaid illegal acts. mr. lenka cited the decisions of the supreme court in rudul sah v. state of bihar and anr., air 1983 sc 1086, bhim singh, mla. v. state .....
Tag this Judgment!Court : Orissa
Decided on : Jun-19-2003
Reported in : 2003(II)OLR206
..... pass mark in his order dated 7.12.1999.9. the question that arises for consideration is what is the effect of that order made in the file. section 12 of the police act, 1861 empowers the inspector general of police to make rules fr6m time to time subject to the approval of the state government relating to the organisation, classification ..... an order in the file affecting some persons cannot be given effect to unless such order is published. the publication need not be in the official gazette because section 12 of the police act, 1861 does not insist for that but it has to be published in some recognised way so that all concerned may know what it is. in the ..... or published. nothing has been brought to our notice that the said order of the director general of police was published to make it known to the concerned persons. section 12 further requires that any rule made by the inspector general of police is subject to the approval of the state government. it means that the power of the inspector .....
Tag this Judgment!Court : Orissa
Decided on : Jun-18-2003
Reported in : 2003(II)OLR232
..... of 2002.2. on the basis of an fir filed by the petitioner alleging dowry death of his daughter a criminal case under sections 498-a/304-b/302 ipc read with section 4 of the dowry prohibition act was initiated, initially against one pradip kumar udgata, admittedly the son-in-law of the petitioner. subsequently the present opposite parties 1 ..... . therefore the courts have a duty to eradicate the said disease. a reading of the provisions of the dowry prohibition act clearly reveals that giving dowry is equally an offence as that of receiving dowry. section 3 of the act clearly stipulates penalty for giving or taking dowry. this is a case where the informant-petitioner has baldly stated in the ..... to 3 on bail. he also submitted that opposite parties 1 to 3 in view of their age and sex are also entitled to the benefit of the proviso to section 437 crpc.7. after hearing the learned counsel for the parties, i called upon the state counsel to produce the case diary which was done. 1 have carefully .....
Tag this Judgment!Court : Orissa
Decided on : Jun-18-2003
Reported in : 2005ACJ237; 2003(II)OLR184
..... ) bearing registration no. or 14-b 1503. while the claim application being pending for disposal, the claimants filed another application for payment of interim award under section 140 of the m.v.act. the learned member, 2nd m.a.c.t. adjudicated the said application and passed the impugned award.3. the learned counsel appearing for the appellant challenged the ..... not denied the accident resulting death of the victim. that apart when the offending vehicle has been duly insured with the insurance company interim award under section 140 of the m.v. act has to be paid on the principle of no fault liability. the principle says that the interim award has to be paid to the claimant not ..... as the case may be. if it is ultimately found that the insurance company is not liable to pay the compensation.7. that main claim case under section 166 of the m.v.act filed by the claimants-respondents is pending before the member, 2nd m.a.c.t.. sambalpur. as such, this court is not inclined to interfere with .....
Tag this Judgment!Court : Orissa
Decided on : Jun-18-2003
Reported in : 2003(II)OLR92
..... was registered at the gop police station against the appellants and other accused persons named therein. on conclusion of usual investigation, police submitted charge sheet against the appellants under sections 302/326/324/307/34 i.p.c. in usual course the case was committed to the court of sessions judge, puri. on transfer the case was tried before ..... had all justification to inflict injuries suffered by the deceased and sonic of the eye witnesses. it is true that the appellants have not pleaded that they acted in exercise of their right of private defence of person. but accused has no obligation to expressly take any such plea. when evidence discloses that appellants ..... acted in exercise of self-defence of persons, they are entitled to benefit of the same irrespective of whether they adopted plea of private defence in course of the .....
Tag this Judgment!Court : Orissa
Decided on : Jun-18-2003
Reported in : 2003(II)OLR301
R.K. Patra, J.1. Being dissatisfied with the order dated 19.5.1999 (Annexure-1) passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 2168 of 1996 (Original Application No. 2733(C) of 1993) denying financial benefit to the petitioner in the cadre of O.A.S. (super-time scale) and O.A.S. (senior grade in super-time scale), he has filed this writ petition.2. Facts leading to filing of aforesaid Original Application No. 2168 of 1996 are necessary to be briefly stated :Petitioner was a Senior Officer of the Orissa Administrative Service (O.A.S.). He had filed writ petition bearing O.J.C. No. 2314 of 1982 in this Court for expunction of adverse remarks in his C.C.R. for the periods from 25.11.1977 to 31.7.1978 and 198 1-1982. He had also filed another writ petition bearing OJC No. 829 of 1984 challenging his premature retirement with effect from 15.7.1983. Consequent upon the constitution of the Orissa Administrative Tribunal, those writ petitions were transfe...
Tag this Judgment!Court : Orissa
Decided on : Jun-17-2003
Reported in : 96(2003)CLT315; 2003(II)OLR244
..... challenging to the order of retrenchment, then it is the state administrative tribunal which has got the jurisdiction in view of the provision in section 15 of the orissa state administrative tribunal act, in either event, forums under law have been provided to consider the grievance of the petitioner.8. be that as it may, since ..... if the state government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of local or other authorities or corporations (or societies);(3) ..... to the retrenchment and they are coming within the definitions of 'workman' as defined in section 2(s) of the industrial disputes act, 1947 and the dispute qualifies to the term 'industrial dispute' as defined in section 2(k) of the said act, therefore, proper forum for the petitioner would be the industrial tribunal and if they .....
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