Court : Orissa
Reported in : 1994ACJ776
..... interpolation and the policy in question admittedly having been issued making it effective from 2.5.1986, the insurer is liable to pay the compensation.4. mr. basu appearing for the insurer in both these appeals contends that under the provisions of the insurance act, 1938, the insurer is not liable to assume risk unless and until necessary deposit of the premium amount is made in advance ..... in the prescribed manner as contained in section 64-vb of the act and since admittedly the premium amount in .....
Tag this Judgment!Court : Orissa
Reported in : 2000ACJ1259; AIR1999Ori193
..... advance.-- (1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the ..... note. accordingly, the tribunal was justified in holding that the vehicle in question was validly insured with the appellant on the date of the accident.7. as the question was raised, a reference may be made to sub-sections (1), (2) and (4) of section 64vb of the insurance act, 1938 which reads thus :'64vb. no risk to be assumed unless premium is received in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori271
..... our attention to a decision of the patina h. c. in the case of bindeswari prasad v. shiva dutt, 19 p. l. t. 328 : (a. i. r. (25) 1938 pat. 315 f. b.). this decision is not at all inconsistent with the view that i have expressed above. this decision proceeds to lay down that a hindu joint family ..... ordinary civil ct. for recovery of these debts from kalioharan & the present pltfs. with success on the ground that the pltfs. are liable as kalicharan in that particular transaction acted for the benefit of the family as its manager. but this ground of liability, however, can never be the subject of adjudication within the jurisdiction of the registrar. therefore, ..... not binding: against them & for the consequential relief of restraining the society from executing the award against them.2. the pltfs. 2 & 3 are brothers & the pltfs. 1 & 4 to 1 are cousins of one kali charan jena. in this appeal it is not controverted that they were members of a joint hindu mitakshara family with kali charan (deft .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori16; 16(1950)CLT88; [1951]19ITR219(Orissa)
..... may be there is one fact that governs them all and that is the business of buying and selling. if, for instance, a shopping concern had also insurance business it can hardly be said that the two would constitute one business. in the present case, if the grain business which had been taxed under the 1918 ..... hindu family concern and was carrying on mercantile business in grains prior to 1918 and had been assessed to income-tax under the income-tax act, 1918. during the assessment year 15-4-43 to 2-4-44, the joint family became separated and was succeeded by a partnership firm consisting of the members of the family. the petitioner claimed ..... assistant commissioner held that the petitioner could get relief only in respect of those activities that were actually in existence in the year 1918 and suffered tax under the act of 1918, but not in respect of the additional business activities which came into existence subsequent to that year. this view of the assistant commissioner was confirmed by .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori11; 16(1950)CLT80
..... was a trespasser, thereby completely changing the nature of the suit.4. the first point involves an interpretation of the provisions of the government of india act, 1986, under which the orissa legislature passed the orissa tenancy (amendment) act of 1938 (orissa act (vii [8] of 1938), and inserted schedule 1 (1) which runs as follows:'every ..... a necessary result from a construction of sub-section (3) of schedule 00 read with schedule 92 of the government of india act, 1935. when the orissa legislature passed the orissa tenancy (amendment) act, 1938, it purported to legislate in respect of matters covered by item 21, list ii, which may be quoted in full:'land ..... of the governor-general was obtained as provided in sub-section (2,) of schedule 07, government of india act, 1936. prom a perusal of the gazette notification publishing the o. t. (amendment) act, 1938, it appears that that act was assented to by the governor and not by the governor-general. mr. mohapatra, therefore, contended that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... or not, including tramcars' was made an exclusively provincial subject by an amendment made to the schedule 7, government of india act, 1935, by parliament in the india and burma, (miscellaneous amendments) act, 1940 (3 & 4) geo. vi oh. 5) and a new item 48-a was inserted in list ii of that schedule. by schedule ..... and developing a co-ordinated system of transport. chapter iv of that act deals with control of transport vehicles, that is to say, vehicles plying for hire or reward. section 42 ..... 20 of list ill) in the government of india act, 1935. from a perusal of the various provisions of the motor vehicles act, 1939, it will be clear that the act wag passed with the main object of controlling motor traffic, controlling drivers, providing for compulsory insurance and for securing the safety and convenience of the public .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori239; 18(1952)CLT161
..... right of an occupancy tenant in shambalpur district may by analogy be applied in gangpur state also. in particular he relied on section 46 of the central provinces tenancy act, 1893 which is now in force in shambalpur district and under which there is prohibition (subject to certain exceptions) to the transfer of occupancy holdings. sub-section ..... holding and permission was also granted in due course (see ext. d). a tank was also excavated after incurring expenditure to the extent of rs. 1,000/-.4. mukteswar is still alive, but he has discretely kept himself in the background. his two sons filed the suit for setting aside the alienation of their father alleging ..... place during the pendency of that mutation case. it is sufficient to note that the tahsildar who made a preliminary enquiry reported to the state authorities on 18-4-35 that mukteswar had transferred the disputed land because he had run into debts (see ext. e). the defendants after thus getting the transfer recognised and obtaining .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori289; 18(1952)CLT227
..... exercise of the powers conferred by section 107 of the insurance act (4 (iv) of 1938), i hereby sanction the institution of proceedings (prosecution) by the government against : (1) mr. shyam singh rohatgi, general manager, and (2) kun-war surendra bahadur singh ..... up before the federal court. that case related to a prosecution under section 104 of the insurance act of 1938. section 107 of that act provides that the previous sanction of the advocate-general was necessary for institution of proceedings under the said act. the sanction in that case given by the advocate-general was in the following terms :'in ..... investigate any such offence without the order of a 1st class magistrate, or make any arrest therefor without a warrant (see sub-sections 3 and 4 of section 5 of the act).it was also provided by b. 6 thereof, that no court shall take cognizance of any offences under section 161 or section 165 of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
..... known drafting device which is found in seve-ral acts (indian and british) such as section 44 of the calcutta municipal act, 1923 (beng. act 3 of 1923), section 8(4), madras medical registration (amendment) act, 1938 (mad act 16 of 3938), section 96, road traffic act, 1930 (20 & 21 geo. v, c. 43) and section 45, unemployment insurance act, 1920 (10 & 11 geo. v c ..... ' in excpn. (3) to section 2(g)). the bhag-chasis of that class of raiyats were not given any protection from eviction by the impugned act, section 4 of the act directed; the stay of all suits, proceedings in execution of decrees or orders for the eviction of bhag-chasis from their lands. but sufficient safeguards were ..... and thereby contravened sub-clause (f) of clause (1) of article 19 of the constitution and were not saved by clause t5) of that article. (iv) the act offended article 14 also inasmuch as there was an unfair discrimination between raiyats whose total extent of land was below 33 acres on the one hand and other .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori44; 20(1954)CLT162
..... whenever he came to cuttack.5. the insurance act, 1938 provides for the licensing of insurance agents (s. 42) who alone are entitled to commission from, the insurance company for soliciting or procuring business. life insurance business is defined, in section 2(11) of that act as 'the business of effecting contracts of insurance, for the granting of annuities upon human life ..... and can just sign his name with some difficulty in that language. gopinath was also working as an agent of the insurance company till his appointment as chief agent on 1-8-1942.4. pandit godavaris misra was one of the leading congressmen and a member of the then orissa legislative assembly. the maharaja of ..... and prepared the ground. it is also wholly insufficient to show that the plaintiff was a mere name-lender, the following answers given by d. w. 4 in his cross-examination are ma terial in this connection.'except when there is mutual understanding or consent by the agent in writing, the agent alone 3s entitled .....
Tag this Judgment!