Court : Orissa
Reported in : I(1987)ACC536; AIR1988Ori242; 64(1987)CLT78
..... 70; (1981) 52 cut lt 357 : (air 1981 noc 223) and air 1986 punj & har 414 were also cited at the, bar in support of the proposition that the owner is vicariously liable for the negligent act or the way of performance of duty of the driver, but in view of the direct authorities on the point of carrying passengers in violation of the rules of different states including of the supreme court, i need not discuss ..... strain (1966-3 au er 593 at page 599) emphasised that the fact that the thiefs employment on board presented him with the opportunity to steal does not suffice to make the ship-owners liable. ..... that his employers were liable because of his negligence in the discharge of his duties though the act of lighting his cigarette was done for his own comfort and convenience and was in itself both innocent ..... even assuming that the accident took place on account of the negligent driving of the vehicle, the state of orissa could not be held to be vicariously liable for unauthorised act of the driver in carrying passengers in the truck in violation of the departmental rules prohibiting carriage of any person in a government vehicle.5. ..... in that view of the matter, in the latest decision of the karnataka high court air 1983 kant 176 was held to be as per incuriam, the supreme court decision that would have a binding effect being later in point of time and rendered by a ..... may usefully refer to a decision of the house of lords in century insurance co. v. ..... , decided by the house of lords in lloyd .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori168; 95(2003)CLT790
..... controlled and mixing of prime core material with second grade core materials can be prevented.the stand of the gridco is that the qualification requiring supply of bolt-less core type transformers with the availability of in-house core cutting facility is to avoid mixing of prime core and second grade core and the core cutting facility is a part of manufacturing facility at the first stage of the manufacturing process. ..... at annexure-3 to the gridco to withdraw the said amendment on the ground inter alia that manipulation like mixing of primary and secondary core material cannot be totally ruled out or obviated even if the manufacturer possesses an in-house core cutting facility.on 24.5.2002 the bids were opened and the landed cost inclusive of capitalisation rate quoted by the petitioner, opposite party no. ..... this application under articles 226 and 227 of the constitution of india, the petitioners seek quashing of the decision dated 21.9.2002 at annexure-6/2 of the board of directors of grid corporation of orissa limited rejecting its bid and accepting opposite party no. ..... state of karnataka, air 1990 sc 958 observed (vide paragraph 16 of the judgment) as follows :'thirdly, the conditions and stipulations in a tender notice like this have two types ..... ), gridco being the team leader and authorised to act as the nodal officer consequent upon the discussion and various analysis made in the pre-bid conference thought it properto bring out certain amendments to the specifications of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori188; [1962]32CompCas908(Orissa)
..... choudhury's contention, that the combined effect of paragraph 11 of the articles of association and clause 22 of table a of the first schedule to the act is that all classes of transmission by operation of law would be controlled by that paragraph and that the board of directors have full unfettered discretion to refuse to register transmission of shares without giving any reason. ..... the learned judges of the nagpur high court held that in such cases nothing turned on the distinction between 'transmission' and 'transfer' and that the powers of the board of directors to refuse to register is identical in both the cases.they expressly referred to clause 22 of table a of the act which applied to a case of transmission by operation of the law of succession. ..... in my opinion, therefore, the present case is completely outside the scope of paragraph 11 of the articles of association and of table a in the first schedule to the act and the board of directors have no discretion to refuse to recognise the change in title.13. ..... . to sum up therefore:(i) the present case is a peculiar case of 'transmission by operation of law' which is outside the scope of clauses 18 to 23 of table a to the first schedule of the act; and consequently the unfettered discretion conferred on the board of directors by paragraph 11 of the articles of association has no application .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori50
..... , and there are recitals also in that document that the donor was the exclusive owner of the property; but since that point was not taken in the courts below and both the courts acted upon the assumption that it was the ancestral property and not the exclusive property of adikanda, it is unnecessary for me to examine that point in this appeal. ..... :'therefore, it is evident that the family was substantially rich inasmuch as, they had already 40 acres of land and 95 bharans or 19 acres have been purchased from out of the gold belonging to the family not to speak of certain houses and other lands which admittedly had been gifted to the daughters after 1941. ..... admittedly the plaintiff's family has a good number of houses other than their residential house, and it is just possible that in order to give separate accommodation to the daughters, the plaintiff and his father also agreed to settle some house and house-sites in their favour.12. ..... the fact that some small houses or house-sites have also been given to two of his daughters both by adikanda and the present plaintiff does not in any way affect the reasonable character of the gift made previously by adikanda. ..... 9), and a deed of settlement executed on 3-6-52 by adikanda and the plaintiff along with his son ramsankar in favour of defendant 2 in respect of a house situated in berhampur town (ext. 10).7. ..... in one case the board upheld the gift of a small share of immoveable property on the ground that it was not shown to be unreasonable. .....
Tag this Judgment!Court : Orissa
Reported in : 28(1962)CLT195; (1962)IILLJ575Ori
..... the question for consideration was whether the offence of letting out on hire a building against the provisions of section 7(1) of the building materials and housing act, 1945, was a continuing offence or whether that offence was completed on the day the building was let out on rent. ..... which make clear that that was the intention of the legislature when the statute was passed.ordinarily, if the legislature intends a particular offence to be a continuing offence it provides thatfor every day that the act in question continues or remains unabated as the case may be, it shall be a 'continuing offence and a penalty is fixed for every day or week or month during which the state of affairs exists. ..... omission to prominently display the certificate of registration may be a continuing omission until it is rectified, and consequently if the petitioner had been prosecuted for contravention of sub-section (2) of section 4 of the act, it may me urged, with borne justification, that the offence was a continuing offence, for which the period of limitation prescribed in section 37 may not be applicable. ..... the name of the employer and the manager, if any;(b) the postal address of the establishment;(c) the name, if any, of the establishment;(d) the category of the establishment, that is, whether it is a shop, commercial establishment, hotel, restaurant, case, boarding or eating-house, theatre or other place of public amusement or entertainmeat; and(e) such other particulars as may be prescribed. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori21
..... to maintain, he cannot be made liable for damage caused by the escape or overflow of water on to the lands of others and the consequent injury of the crops thereon, if the escape or overflow be caused by the act of god, or vis major; if the bank of 3 tank is washed away by an extraordinary flood, without negligence on the part of the defendant, he is not liable for damages that may be occasioned by the overflow of water (kenaram ..... the polemese rule was inconsistent with other decisions of the court of appeal and house of lords, and laid down the rule of foreseeability of consequences as the test of liability, namely, that the essential factor in determining liability for the consequences of an act of negligence is whether the damage is of such a kind as the reasonable ..... 388 (an appeal from new south wales), where it was held that a defendant is liable in negligence only for those consequences of his act that a reasonable man could have foreseen, and in doing so has repudiated the rule, laid down by the court of appeal in re, ..... liability does not depend solely on the damage being the 'direct' or 'natural' consequence of the present act; but if a man should not be held liable for damage unpredictable by a reasonable man because it was 'direct' or 'natural', equally he should not escape liability, however, 'indirect' the damage, ..... independence, bound by the privy council's decisions, it would not be wise to suppose that the opinion of the board should be ignored by judges in india. .....
Tag this Judgment!Court : Orissa
Reported in : 28(1962)CLT523; 1963CriLJ550
..... but i am unable to agree with the learned sessions judge that evidence does lead to the irresistible conclusion that parsuram was absent.section 103 of the evidence act lays down,the burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any ..... emperor air 1931 cal 401 their lordships held -the fact that the witness is dealt with under section 154, evidence act, even when under that section he is cross-examined to credit, in no way warrants a direction to the jury that they are bound in law to place no reliance on his evidence or that the party who called and cross-examined ..... these are very substantial laches on the part of the investigating officers which it is our duty to point out, so that dastardly acts of murder would not escape punishment merely due to negligence in the procurement of relevant available materials.20 ..... he was carried to a choura in the danda of dinabandhu's house, some water was poured into his mouth, but it did not pass down the throat ..... . some of them entered into houses in nuasahi where banchhanidhi was ..... dusasan immediately went to the house of dinabandhu to see him. ..... if his version that banchhanidhi died at the choura by the time of his arrival is true, he should not have allowed the dead body to be taken to the house until the i.o ..... after, banchhanidhi also went to the house of dinabandhu. ..... his conduct however is not above board .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori83
..... all such cases, as in the present case, in which this question arises, however pure the motives of the charitable donor may be, if he be a candidate for the constituency, it is impossible to escape the conclusion that his acts of charity may, or even must, exercise some influence upon the mind of the voters; but when no personal bribery is proved, this influence is common to all such cases in which the candidate by his personal appearance, power of ..... the government order dated may 1, 1961 shows that the director of industries of orissa as the chairman of the board of directors' of the company was allowed to accept the resignation of the respondent to enable him to contest the ..... what follows in the pamphlet are the respondent's ideas of his methods for implementing government plan under different heads, namely roads, agriculture and irrigation, flood, burning of houses (sic), education, electricity and industry, housing and health, and peace and fraternity. ..... ' the underlying principles of these provisions in part vii 'corrupt practices and electoral offences' of the act are certain fundamental basic rules of care, caution, conscience and common sense constituting unwritten moral code deduced from life ..... in the petition the respondent promised gratification by circulating a pamphlet entitled 'more binjharpur karyakrama' in which the respondent made several promises regarding, inter alia, construction of roads, improvement of agriculture and irrigation, education, housing, health etc. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori107; [1963]14STC220(Orissa)
..... for selling or supplying meals, refreshments, drinks and such other articles or as the manufacturer of confectionery articles for retail sale shall pay, in lieu of the tax assessable on his taxable turnover under the provisions of the act, a sum calculated at the rate of three quarters of an anna in the rupee on a percentage of his gross turnover on sales which have taken place in orissa as shown below : (a) 25 per cent, if the gross annual turnover on sales which have ..... the impugned rule 65 is more or less on the same lines as the provision in section 3(1) (b) of the madras general sales tax act, 1939, under the proviso of which a dealer selling articles of food and drink in a hotel, boarding houses or restaurants with turnover of not less than rs. ..... this contention, however, has no force in the face of the position that the high court by their order of reference dated may 11, 1962 directed the sales tax tribunal under section 24 (3) of the act to state a case and refer the aforesaid question to this court.in such a position ft is well settled that the high court is not precluded from answering the question referred. ..... the sales tax tribunal, orissa, in its statement of case dated june 19, 1962 referred the following question of law to this court for decision :'whether old rule 65 (new rule 90) of the orissa sales tax rules is discriminatory and therefore offending article 14 of the constitution of india,'2. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori189
..... of, any creditors including debenture-holders, or any class of share-holders, of the company) has taken place in the management or control of the company, whether by an alteration in its board of directors, or of its managing agent or secretaries and treasurers, or in the constitution or control of the firm or body corporate acting as its managing agent or secretaries and treasurers, or in the ownership of the company's shares, or if it has no share capital, in its membership, or in any other manner ..... the newly issued shares.the minority shareholders have no proprietary right to the proportionate distribution of the fresh issue of shares the conclusion is based on the findings already recorded under issues iii to v that each individual act of the majority of directors, who are in charge of the affairs of the company, is legal, constitutional and for the benefit of the company, as a whole, and after taking into consideration the series of ..... is essential for the smooth functioning of the company, the working of the company cannot be restricted to allotment of shares amongst the 3 groups in equal proportions and to equal representation in the board of directors in the context of its being a public company with dynamic schemes of industrial expansion and statutory provisions giving the general body of shareholders larger rights incompatible with restrictions embodied in the agreement. ..... meyer, 1958-3 all er 66, the house of lords concluded that the crucial date is the ..... air 1962 cal .....
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