Court : Orissa
Decided on : May-12-1995
Reported in : AIR1996Ori16
..... award, nor shall any arbitration agreement or award be enforced, set aside, amended modified or in any way affected otherwise than as provided in this act.'the apex court in the case of orient transport company v. m/s. jaya bharat credit and investment co. ltd, reported in air 1987 sc 2289 construing the provision in section 32 ruled:'section ..... . it is also contended that the marketing agreement of 25-4-1982 having expressly chosen the swiss legal system as the system which will govern the contract, the indian courts cannot entertain any suit of the nature and mind that has been instituted. in view of that it is submitted that the suit is barred and as such ..... order 7, rule 11 of c.p.c.alternatively the applicant has submitted that assuming without admitting that the indian law is applicable, in such case the suit will stand barred by virtue of section 12 of the indian arbitration act.4. the plaintiff did not file any separate objection to the file application filed under order 7, rule 11 .....
Tag this Judgment!Court : Orissa
Decided on : Feb-24-1995
Reported in : AIR1995Ori244
..... demand promissory note. 2. the facts position presented by the parties essentially is as follows: first the plaintiff's stand. plaintiff, a banking company constituted under the state bank of india act, 1955, having one of its branch office at gunupur in the district of koraput, had advanced loan to the defendants-respondents in this appeal. ..... in respect of defendant no. 1, and the same having been maintained in regular course of business is admissible under section 34 of the indian evidence act, 1872 (in short, the 'evidence act') and can only be used as a piece of evidence corroborating any substantive evidence on record indicating liability if any. admittedly p. ws. ..... taken into consideration, then all the defendants will be jointly and severally liable for any amount due against defendant no. 1. section 61 of the evidence act deals with proof of contents of documents and provides that the contents of documents may be proved either by primary or by secondary evidence. section 64 deals .....
Tag this Judgment!Court : Orissa
Decided on : Mar-13-1995
Reported in : 1996ACJ134
..... due to non-disclosure of the real state of health of the assured as provided under section 45 of the act and (b) whether the contract is invalid under sections 13 and 14 of the indian contract act, 1872 (in short, 'the contract act'). these two issues were issue nos. 4 and 5 and were answered in favour of the plaintiff, holding ..... examined in the case. it is submitted that the insurer has not discharged its onus and, therefore, there is no merit in this appeal.5. section 45 of the act, which has been pressed into service by the insurer, so far as it is relevant for the purpose of this case reads as follows:no policy of life insurance ..... was evident that there was suppression of real state of health when the proposal was submitted and in view of the provisions of section 45 of the insurance act, 1938 (in short, 'the act') the claim was repudiated. it was stated that the plaintiff cannot claim advantage under the fraudulent transaction arising from the fraud practised by her deceased husband .....
Tag this Judgment!Court : Orissa
Decided on : Apr-21-1995
Reported in : 1995CriLJ4095
..... slow to interfere with the same in exercise of appellate jurisdiction.9. in order to constitute an offence of criminal breach of trust defined in section 406, ipc the prosecution has to prove that the accused was entrusted with some property, that in respect of such property, so entrusted, there was dishonest misappropriation or ..... evidence that in fact nothing reached the centres, benefit of doubt has to go to the accused persons.(iv) as provided in section 34 of the evidence act, mere entries in the books of account of various centres cannot fasten the accused with criminal liability since the prosecution utterly failed to prove the correctness thereof. ..... stated earlier. on appeal, the learned additional sessions judge set aside the conviction and sentence mainly on two grounds, viz.:(a) that there having nexus between act complained of and the official duty, sanction as required under section 187 of the code of criminal procedure was necessary to prosecute both the accused who were public .....
Tag this Judgment!Court : Orissa
Decided on : May-01-1995
Reported in : 1996ACJ472
..... was sitting to the left of swamy on the front seat.9. it was strenuously argued on behalf of the appellant that sanjay being a gratis passenger, the insurance company is not liable to pay any compensation. in other words, the appellant's contention is that the insurer has no liability under the statute or the contract of policy ..... accident.2. the case of respondent nos. 1 to 5 is that sanjay kumar rath was a mechanical engineer and was working as surveyor and loss assessor of general insurance companies at the material time. on 27.5.1987, respondent no. 6, p.v.l.n. swamy, branch manager of the oriental insurance co. ltd., cuttack (hereinafter referred to ..... sanjay) was not dead at that time. police after completion of investigation has filed charge-sheet against swamy under sections 279/304a, indian penal code and sections 113-b and 118-a of the motor vehicles act.6. the crucial question that arises for consideration is as to who was driving the offending car at the time of accident. the .....
Tag this Judgment!Court : Orissa
Decided on : May-05-1995
Reported in : 1996CriLJ732
..... learned counsel for petitioner wanted to withdraw the application stating that the petitioner shall raise objection relating to legality of cognizance under section 408 of the indian penal code, 1860 (in short, 'ipc') at the appropriate stage. the plea relating to quashing of proceeding on the ground of passage of considerable time was not pressed as is evident ..... territorial jurisdiction a nullity. rule given in section 177 is a general one. exception to it may be found in various acts which make special provisions for place of trial of offences created by those acts. section 4 of the code seves those special provisions and limits application of general provisions enunciated in section 177. section 462 ..... but those exceptions to the rule are to be reasonably and properly construed and their scope should not be enlarged on analogous considerations. if a particular act is complete offence by itself, the offence is to be enquired into and tried only by a court within whose jurisdiction the .....
Tag this Judgment!Court : Orissa
Decided on : Jul-13-1995
Reported in : 1996(1)ALT(Cri)6; 1996CriLJ156; 1995(II)OLR569
..... such minor female child if married is not possessed of sufficient means. explanation--for the purpose of this chapter - (a) 'minor' means a person who, under the provisions of, the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from her .....
Tag this Judgment!Court : Orissa
Decided on : Jul-21-1995
Reported in : 1995(II)OLR404
..... the accused, mohini's parents took precaution and did not send her alone to school. on the date of incident mohini started for her school in the company of her mother. on the way her mother went to the court premises and she alone went to the school but instead of going to her school, ..... magistrate-cum-assistant sessions judge. sambalpur. upon trial, the learned trial court while acquitting two of the accused persons, convicted the petitioner under sections 363 and 376, ipc and sentenced him to undergo seven years rigorous imprisonment on each count. both the sentences were ordered to run concurrently. against his conviction and sentence, he preferred ..... requisition noticed one injury at 7 o' clock position at the place of junction of hymen with vaginal wall. on examination, he opined that possibility of sexual act being committed during last 24 hours of examination could not be ruled out. considering the above evidence the trial court believed the prosecution version and convicted the .....
Tag this Judgment!Court : Orissa
Decided on : Sep-20-1995
Reported in : 1996ACJ1146; 81(1996)CLT353
..... , heat power co. ltd v. vandry 1920 ac 662, a case in which the question of negligence of the company engaged in transmission of electric energy was involved. the quebec railway, in exercise of statutory powers, had erected two overhead cables for the distribution of electric current at tensions of 2200 volts and 108 volts respectively ..... needless to say, the electricity board is also required to take necessary precautions against the danger of overhead lines snapping and falling on the ground. rule 91 of the indian electricity rules, 1956, inter alia, provides as follows:91. safety and protective devices.- (1) every overhead line (not being suspended from a dead bearer wire and ..... with such live line wire and got electrocuted. it is pleaded that there was no negligence and though maintenance was done in a proper manner, due to act of god the conductor slipped from the pin-binding and was sagging at a ground clearance of 5 feet. rejoinder affidavit by the petitioner was filed enclosing certain .....
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