Court : Orissa
Decided on : Sep-03-2009
Reported in : 109(2010)CLT294
..... the date it fell due. the question of liability under section 4-a was dealt with by this court in maghar singh v. jashwant singh. by amending act 30 of 1995, section 4-a of the act was amended, inter alia, fixing the minimum rate of interest to be simple interest @ 12%. in the instant case, the accident took place after the ..... insurance company was not liable to pay any interest. the supreme court on finding that the accident in question arose on account of vehicular accident & the provisions of m.v. act are clearly applicable & upon going through the policy of insurance, recording that there was no such exception as was found in the case of new india assurance co. ltd. ..... amendment &, therefore, the rate of 12% as fixed by the high court cannot be faulted. but the period as fixed by it is wrong. the starting point is .....
Tag this Judgment!Court : Orissa
Decided on : Sep-16-2009
Reported in : 2009(II)OLR988
..... as lecturers from the date of issue of the order, i.e. 22.10.2002.3. the petitioner has annexed the information received by him under the right to information act as annextire-12 series and annexure-13 to the additional affidavit filed by him on 27.2.2007. according to the petitioner, the note contained at page-29/n in .....
Tag this Judgment!Court : Orissa
Decided on : Sep-17-2009
Reported in : 108(2009)CLT793
..... engineering services from the purview of persons with disabilities (equal opportunities, protection of rights & full participation) act, 1995 (herein after called, 'the act'). the petitioner could not be allotted to either indian railway services of engineers or indian railway stores services in which no post was earmarked for p.w.d. candidates. however, it ..... persons with disability, new delhi & requested for deciding the matter for his appointment in the indian railways. his complaint was registered & notice was issued to the railway board. the commissioner after hearing the petitioner as well as the railway board by ..... to allot successful candidates for appointment for different group-a services/ posts, did not recommend the case of the petitioner as per his preference to indian railway service of engineers. it is the further case of the petitioner that he submitted written complaint on 1.9.2008 before the chief commissioner for .....
Tag this Judgment!Court : Orissa
Decided on : Oct-09-2009
Reported in : 109(2010)CLT80
..... natural justice out of the proceedings & the series of pronouncements of this court making rules of natural justice applicable to such an enquiry are not affected by the 42nd amendment. we, therefore, come to the conclusion that supply of a copy of the enquiry report along with recommendations, if any, in the matter of proposed punishment to ..... servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit & shall act in the manner laid down in rule 15. the statement of defence is called for from the delinquent only to know which article of charge is not admitted ..... servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit & shall act in the manner laid down in rule 15.this rule says that on receipt of the written statement of defence, the disciplinary authority may itself enquire into such .....
Tag this Judgment!Court : Orissa
Decided on : Oct-14-2009
Reported in : 109(2010)CLT179
..... the trial court & substitute for its own discretion. law is well settled that the interference with the discretionary order, however may be justified if the lower court acts arbitrarily or perversely, capriciously or in disregard of sound legal principles or without considering all relevant records. here, the lower appellate court has come to such a conclusion ..... set aside the order dated 5.9.2007 passed by the learned civil judge on the grounds that there is specific provision under section 52 of the t.p. act regarding the sale during pendency of the suit. thus, there was no necessity of passing the order of status quo particularly in this matter as the facts & ..... such a sale deed in their written statement filed in title suit no. 498 of 2003. plaintiff pleaded that he never executed the sale deed & the same was never acted upon & it is a sham document for want of consideration & delivery of possession. hence the suit.3. the defendants filed their written statement traversing all the plaint .....
Tag this Judgment!Court : Orissa
Decided on : Oct-15-2009
Reported in : 109(2010)CLT208
..... dealer, advocatefiled hazira along with detail statement of the account on dt 23.12.05 for assessed for the year 03-04 under the ost act. it has been examined on 7.5.2007 & discussed details in a.o. issue assessment order & demand notice for rs. 81,139 ..... on the petitioner on 8.1.2008.according to mr. pati, since the second proviso to section 12(7) of the ost act provides that assessment is to be completed within a period of three years, the sales tax officer was obliged to pass the order ..... rcc hume pipes in its factory located at kalunga, rourkela. in response to the notice issued under section 12(4) of the ost act for the year 2003-04, the petitioner produced the books of accounts maintained by it in course of business as well as the declaration ..... 5.1.2007 passed by the o.p. sales tax officer, rourkela ii circle, under section 12(4) of the orissa sales tax act, 1947 for the period 2003-2004 (annexure-1) on the ground that the same having been passed beyond the period of limitation is illegal .....
Tag this Judgment!Court : Orissa
Decided on : Oct-15-2009
Reported in : 2010CriLJ498
..... judgment of conviction recorded by the trial court for a charge under section 304-b i. p. c. in spite of the presumption under section 113-b of the indian evidence act with regard to the authenticity of charge, it can irresistibly be held that the conviction of the appellants for a charge, under section 304-b/34 i. p. ..... of p. ws. 1 to 3, the judgment of conviction and the sentence recorded on such reliable evidence, in view of the presumption under section 113-b of the indian evidence act, cannot be found fault with. so he submits that the appeal is devoid of any merit.5. before delving into the merit of the case, it would be ..... and investigation was taken up. after completion of the investigation, charge sheet was placed against the appellants alleging commission of offences under sections 498-a/ 304-b/34, ipc to have been committed by them and the trial court convicted and sentenced the appellants as stated above.the appellants faced their trial being convicted under sections 498-a/304 .....
Tag this Judgment!Court : Orissa
Decided on : Oct-21-2009
Reported in : 109(2010)CLT158
..... probative value than the entry made in the voters identity card.10. it is no doubt true that the register of births & deaths under the registration of births & deaths act, 1969 is a public document &, therefore, can be admitted into evidence without formal report. but, however, any entry made therein is to be proved & no presumption can ..... an entry of birth made in an official record maintained by an illiterate choukidar, by somebody else at his request does not come within section 35 of the evidence act & with regard to entry of date of birth in the school admission register, the supreme court in the said case observed that in actual life it often ..... the duly elected member of the panchayat samiti. the opp. party no. 1 filed election case no. 3 of 2007 under section 44-b of the panchayat samiti act before the learned civil judge (senior division), athagarh challenging the election of the petitioner. the main ground taken in the election petition was that the petitioner was disqualified from .....
Tag this Judgment!Court : Orissa
Decided on : Oct-21-2009
Reported in : 109(2010)CLT163
..... legal contention raised by the opp. party no. 2 is that the scheme having been prepared under section 29 of the electricity (supply) act, 1948, all provisions under part-ill of the indian telegraph act, such as, sections 10 to 16 thereof are to be followed under the scheme. under the said provision, no person can create any ..... it was, in that context, this court made no reference to the provisions of the electricity (supply) act.7. in view of the ratio of the aforesaid decisions & the provisions of the electricity (supply) act as well as the indian telegraph act, this court is not inclined to interfere in the matter. but, however, while disposing of the writ petition ..... the towers have been erected & the high tension line is being drawn. referring to section 16 of the indian telegraph act, which is made applicable to the facts of the said case under section 42 of the electricity (supply) act, 1948, this court found that it is clear that if the exercise of the power mentioned in section 10 .....
Tag this Judgment!Court : Orissa
Decided on : Oct-27-2009
Reported in : 2010(I)OLR97
..... suit for a substantial justice and effectual adjudication of the suit, and also to avoid multiplicity of litigations. as per the provision of section 52 of the t.p. act, a transferror pendente lite is treated in the eye of law as a representative-in-interest of the transferee, who shall be bound by the decree that may be passed ..... transfer of property act (in short 't.p. act'), proceeded to hold that the petitioner is neither a proper party nor a necessary party and accordingly rejected its application for being impleaded as party to the ..... property during the pendency of the civil suit without obtaining permission of the court and as the sale deeds executed in favour of the present petitioner has not been acted upon and that the sale of the suit property in favour of the present petitioner is hit by the doctrine of lis pendens provided under section 52 of the .....
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