Court : Orissa
Reported in : AIR1975Ori234
..... and as such the order of dismissal is unsustainable.(ii) the appellate authority failed to exercise jurisdiction conferred upon him under regulation 46 (2) of the life insurance corporation of india (staff) regulations, 1960 (hereinafter to be referred to as the regulations) inasmuch as he gave no reasoned order based on materials on ..... your son under code no. 667/582 and you wilfully and deliberately suppressed this information while the agency was attached to your organisation. thus you have acted in contravention of para 2 of clause 12 of the appointment letter dated 25-6-1960 issued in your favour, appointing you as a development officer of ..... their lordships held that the regulations have the force of law and the statutory bodies mentioned therein are 'authorities' within the meaning of article 12 of the constitution.4. chapter iii of the regulations deals with conduct, discipline and appeals. regulation 39 prescribes penalties. so far as material, it is extracted hereunder :--'39 (1) .....
Tag this Judgment!Court : Orissa
Reported in : 1976CriLJ446
..... or intentionally induces, the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage of harm to that person in body, mind, reputation or property, is said to 'cheat'.there is no allegation in ..... nothing in the complaint petition that the petitioner dihonestly or fraudulently induced the opposite party to part with the money.4. section 415, i. p.c. runs thus:-whoever by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, ..... that no authority is necessary. but a decision is available identically on similar facts in : 1974crilj352 , (hari prasad chamaria v. bisbnu kumar surekha). their lordships held in para 4 of the judgment that there was nothing in the complaint to show that the accused had dishonest or fraudulent intention at the time he took the money. there was also .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori62
..... appeal against the decree refusing damages. defendants have filed the a. h. o. challenging the correctness of the conclusion of the learned single judge under section 4 of the act.5. mr. somanath chatterjee raised the following contentions in support of the appeal:--(1) the disputed house is not a dwelling-house of the family of ramgopal ..... was built we have some houses at bamra station. ............ i was not educated in any school at jharsuguda. i read english in kuchinda school in 1937 and 1938. my mother was at that time at jharsuguda. since 1941 we have no business at jharsuguda. i cannot say when we shifted to jharsuguda but it was before ..... has been consistently held that the family must be undivided qua the dwelling-house (see air 1965 orissa 111, paluni dei v. rathi mallick). applicability of section 4 of the act is not confined to a hindu mitakshara family. it extends to mahommedan. christian and other families as well. the family members might have divided their other properties .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori213
..... a net amount of rs. 3,000/- (three thousand). . the claim of the appellants must be allowed to that extent. under the provisions of the motor vehicles act, the insurer will be liable to the tune of the said amount.10. we accordingly allow the appeal in part and direct that the claim raised by the appellants be decreed to ..... driver should have been examined and for his non-examination, adverse inference should be drawn against the owner of the bus. on the admitted position as advanced by the insurer, it must be held that the cycle which the deceased was riding came in collision with the bus.7. the next question for consideration is as to whether ..... driven at a slow speed and horn was being blown. the deceased came negligently and dashed against the vehicle and sustained injuries due to his contributory negligence. therefore, the insurer had no liability.4. at the inquiry, the appellants examined three witnesses -- p. w. 1 the employer of the deceased, p. w. 2 a college student who was going .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori175; 42(1976)CLT648
..... that the view of the division bench was contradictory to what was expressed by a learned single judge in the case of orissa cooperative insurance society ltd. v. banian kumar garabaru, 1976 act 21. in the bench decision of this court, the question now posed did not arise for consideration and all that was taken note ..... to 'court' appearing therein should have been substituted by 'tribunal'. we do not think section 96 (2) of the act was intended to apply to claims proceedings before the court and not the tribunal.4. on behalf of the respondents it has been claimed that parliament took notice of the judicial opinion expressed by different courts and ..... while amending the motor vehicles act by central act 56 of 1969 incorporated into section 110-c, a sub-section, numbered as ( .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori224; 42(1976)CLT1129
..... result of which mukherjee sustained multiple injuries and ultimately succumbed and swain suffered injuries but survived. the motor car had been insured with the orissa co-operative insurance society limited as required by the motor vehicles act. two independent claim cases were filed before the motor accident claims tribunal, puri -- one by the widow and the ..... amount from the date of decision till the date of recovery and liability of the insurer was limited to the extent provided under section 95 (2) of the motor vehicles act. 4. two appeals (miscellaneous appeal no. 31 of 1973 by the insurer and miscellaneous appeal no. 37 of 1973 by the car owner) were carried to ..... this court under section 110-d of the motor vehicles act (hereinafter referred to as the 'act') and both these appeals along with two other .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori88
..... certificate granted in her favour on the basis of her false claim as the widow of late narasingha should not have been granted. inparagraph 4 of the plaint it is stated that the life insurance amount of rs. 1,000/-which has fallen due for payment on the death of narasingha has to be paid to the legal heirs ..... or challenged. on the questions agitated the appellate court has found that the plaintiffs' suit is maintainable in view of the provisions of section 387 of the indian succession act, but as this suit is for mere declaration without a prayer for proper consequential relief it is not maintainable. only on the last mentioned ground the court below has ..... even though the plaintiffs had not asked for any consequential relief, this suit for mere declaration was maintainable, and that in view of section 387 of the indian succession act, the present suit was not hit by the principles of res judicata.7. defendant no. 1 preferred an appeal against the aforesaid decision of the trial court. in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori112
..... death of the deceased was caused also due to the rash and negligent driving of the truck as found above, the owner of the truck and [consequentially its insurer (opposite party no. 4, respondent no. 4 in misc. appeal no. 76/74) are, without any doubt, responsible and liable to pay the compensation to the extent of their liability as fixed in ..... (the appellant in m. a. no. 78/74) can raise the aforesaid question in this appeal. true it is that the insurer cannot take any defence other than those mentioned in section 96 (2) of the motor vehicles act when its liability is required to be covered by a policy issued under clause (b) of sub-section (1) of section 95 ..... and in the appellate court, any defence which it likes to take, and in such cases it is not fettered by the limitations provided under section 96 (2) of the act. the correctness of the above proposition of law is not challenged by the counsel appearing for the different parties in both the appeals.12. mr. basu, the learned counsel .....
Tag this Judgment!Court : Orissa
Reported in : (1977)IILLJ132Ori
..... , there is no scope to say that the inquiring officer did not follow the correct procedure for proving this charge.we entirely agree with this conclusion of the disciplinary authority.4. law is well-settled that when one out of the several charges is established, the quantum of punishment is not for consideration of the court, in other words, if punishment .....
Tag this Judgment!Court : Orissa
Reported in : 1979(4)ELT139(Ori)
..... petitioner before us is a private limited company registered under the indian companies act of 1956 and engaged in manufacture of steel furniture which are excisable to duty at the rate of 20 per cent ad valorem. government of india in the ministry of finance (department of revenue and insurance) by notification, dated 1st of april, 1971 (annexre 3) provided ..... in question is not available to the petitioner. this application for a writ of certiorari is directed against the said order of the assistant collector.2 and 3. * * * *4. now we proceed to axamine the merit of the matter. jagadish lal, bahul lal and rakesh lal are admittedly members of a hindu undivided family, these three persons constitute a ..... six months after the number of its members was reduced below the legal minimum;(iii) in certain matters pertaining to the legal duties, death duties and stamps; (iv) in the law relating to exchange control;(v) in the law relating to trading with the enemy the test of control is adopted .....
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