Court : Orissa
Decided on : Aug-25-1986
Reported in : AIR1987Ori88
..... of the law relating to conduct of examinations by the university would be helpful. the utkal university is constituted as per the provisions of the utkal university act consisting authorities, namely, the senate, the syndicate, the academic council and such other authorities as the statutes may declare to be authorities of the university ..... jurisdiction to annul the resolation of the syndicate. it has been further urged that after the board of examiners completed its work in accordance with the act, statutes and the regulations it became functus officio and, therefore, the annulment of the resolution passed by the chancellor is inappropriate and ineffective in law. ..... the opposite parties in a nutshell is that the chancellor of the utkal university in exercise of his powers under section 5(7), utkal university act (hereinafter called the 'act') has annulled the resolution of the syndicate appointing the board of examiners to examine the thesis paper of the petitioner and, therefore, all the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-07-1986
Reported in : AIR1986Ori163; [1990]67CompCas80(Orissa); 1986(I)OLR313
..... of the motor vehicle and drove the same without any authority or consent of the owner or anybody else. therefore, the insurance company is not responsible for any tortious act committed by laxmidhar bindhani. 6. the claims tribunal held that the accident was caused due to rash and negligent driving of the motor vehicle by laxmidhar bindhani. the ..... insurer, namely, the appellant is bound to cover the contractual liability to the extent of rs. 50,000 according to section 95(2)(b)(ii) of the motor vehicles act, nevertheless, when a question has been raised that, in the facts and circumstances of the case, the insurance company is not liable to indemnify, it is necessary to ..... but the essential element that the wrong must be committed by the servant during the course of employment should always be present. it is not essential always that the act of the servant or agent should be for the master's benefit.'13. the above principle was followed in prabhu dayal agarwalla v. smt. saraswati bai [1975] .....
Tag this Judgment!Court : Orissa
Decided on : Dec-01-1986
Reported in : AIR1987Ori217; 63(1987)CLT54
..... injuries caused by their servants if such injuries would render a private employer liable. (6) the government is not liable for tort committed by its servants if the act was done in exercise of sovereign power. 10. on a scrutiny of the variousdecisions rendered by the courts in india, the principle that emerges is that by ..... an undertaking or an employment which is referable to the exercise of the delegated sovereign powers.8. there is cardinal point of distinction between an ordinary sovereign act and sovereign functions. how far sovereign immunity is available in motor accident cases has however, been the subject-matter of consideration in a large number of cases ..... is liable for the damages occasioned by the negligence of its servants by applying the principle of vicarious liability. government, however, is not liable for the tortious act which has been committed by its servants in exercise of its sovereign powers, i.e., the powers that cannot be lawfully exercised by a sovereign or a .....
Tag this Judgment!Court : Orissa
Decided on : Mar-10-1986
Reported in : AIR1987Ori105; 61(1986)CLT564
..... the agricultural lands is already decided by the appellate court to have abated under section 4(4) of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972. the second appeal, therefore, relates to the homestead land. according to mr. mohapatra, the suit relating to homestead land within the consolidation area would also ..... death.' premalata and snehalata being the daughters of the sister's son of bhikari are his cognates as defined under section 3(1)(c) of the hindu succession act. under section 8(d) the properties of bhikari dying intestate are to devolve in the absence of any agnate upon his cognates. this principle has been well ..... bhikari and the properties in dispute admittedly being of bhikari succession to such properties in the hands of nisamani would be governed under section 15 of the hindu succession act, since it is not disputed that the parties are hindus. section 15(2)(b) would be applicable to this case. it reads as follows :'15. general .....
Tag this Judgment!Court : Orissa
Decided on : Sep-04-1986
Reported in : AIR1988Ori18
..... hundreds of innocent people. even though the learned counsel appearing for the petitioners urges that the said conclusion of the inquiring authority was without any foundation, we could not persuade ourselves to hold it relevant for consideration, firstly because the petitioners are not directly affected by the said findings and ..... questions involved about the most unfortunate incidents involving loss of livesofsome police officials including the officer-in-charge of the paradip police station and alleged acts of arson by some police officials. the inquiring authority has recorded some observations regarding lack of supervision and administrative control by some superior officers ..... at the outset, it may be noted that the inquiring authority in this case was not appointed under the provisions of the commissions of inquiry act, 1952. the notification reproduced earlier would show that since noticeable concern has. been expressed about the occurrence of this incident in various quarters raising .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1986
Reported in : AIR1987Ori115; 63(1987)CLT339
..... jagabandhu jena v. land allotment committee, air 1986 orissa 163, m/s. sri jagannath roller flour mill v. state of orissa and air 1986 guj 185, asia foundations & constructions ltd. v. state of gujarat. according to the learned counsel for the opposite parties, no right had accrued to anyof the petitioners as their bids had ..... it must characterise every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore, act arbitrarily -in entering into relationship, contractual or otherwise, with a third party and its action must conform to some standard or norm which is rational and non- ..... the same area by acceptance of their bids and the state government has unreasonably backed out of its promise. it has been submitted that the petitioners have acted on the promise made by the state government and their position cannot be altered to their prejudice by the application of the doctrine of promissory estoppel. in .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-1986
Reported in : AIR1987Ori50
..... of the prohibition by law. it is to meet such situations and to provide remedies, in such cases, principles of equity have been embodied in section 70 of the act to prevent unjust enrichment or unjust benefit. we, would, therefore, conclude that the plaintiff shall be entitled to refund of the amount advanced under ext. 2, to the ..... of any advantage received under a contract or agreement, where the agreement is discovered to be void, or where the contract becomes void.8. section 70 of the act enables the court to do substantial justice where a person lawfully does anything for another person or delivers anything to him, not intending to do so gratuitously and ..... the former in respect of, or to restore, the thing so done or delivered.' section 65 deals both with 'agreement' and 'contract'. section 2(e) of the act defines an 'agreement' as every promise or every set of promises forming the consideration for each other. clause (h) of the said section provides that an agreement enforceable by .....
Tag this Judgment!Court : Orissa
Decided on : May-15-1986
Reported in : AIR1987Ori1
..... will got a long way towards the proper resolution of such disputes. we may add that selected judicial officers could be posted in courts empowered under both the act, and by dealing with disputes concerning the family, they will be able to acquire experience and knowledge which should not only be of value of them but will ..... pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.' this provision was introduced into the hindu marriage act by the amending act (68 of 1976), recognising the principle that two unwilling spouses need not be kept bound to the matrimonial vow where there has been an irretrievable break ..... the wife is directed against an appellate decision upsetting an order of the trial court recalling a decree passed by it under section 13b of the hindu marriage act dissolving the marriage between the petitioner and the opposite party by a decree of divorce by mutual consent.2. the undisputed facts are that the marriage between the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-20-1986
Reported in : [1987]168ITR238(Orissa)
..... by the assessee, the appellate assistant commissioner relied upon a decision of the tribunal in respect of the assessee, biju patnaik, that kalinga foundation trust is a juristic person and a separate entity in the eye of law. the appellate authority also relied upon the decision of ..... 160itr674(sc) ].4. the main basis of the decision of the tribunal being now sub judice, the finding of the tribunal that kalinga foundation trust is a juristic person and a separate entity cannot be sustained as it will depend upon the answer to the questions to be referred ..... .1. the appellate tribunal has stated a case being called upon by this court under section 256(2) of the income-tax act, 1961, on the following questions :'1. whether, on the facts and in the circumstances of the case, the trust, being ..... that the decision is based on a pure question of fact, application under section 256(2) of the act was filed by the department on which the statement of the case was called for on the two questions referred .....
Tag this Judgment!Court : Orissa
Decided on : Dec-05-1986
Reported in : AIR1987Ori119; 63(1987)CLT151
..... agreement, was that the pawnee has the right to sue on the debt or the promise concurrently with right to retain the pawn or to sell it. the foundation for this view was that the pawn was only a collateral security and, therefore, the exercise of one alternative right does notdestroy all future recourse to the other ..... exercise of one alternative right does not destroy the future recourse to the other alternative. the decision is exclusively based on interpretation of section 176 of the contract act, interpreting which it was held that the section itself contemplated the two alternatives to be concurrent and not exclusive of each other. of course in air 1967 sc ..... by sale of the mortgaged properties through the process of the court and that leaving the decree at that stage, and taking recourse to section 29 of the act would amount to prosecuting two remedies simultaneously and put the petitioner to the risk of 'double jeopardy'.mr. s. n. sinha appearing for the corporation fairly conceded .....
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