Court : Orissa
Reported in : 52(1981)CLT558; 1982CriLJ113
..... affairs of the business.the supreme court had also to consider a case of the like nature under the drugs and cosmetics act, 1940 in : 1981crilj595 , (state of karnataka v. pratarj chand). it was held therein (at n 597 of cri lj):a persen 'in charge of' and ..... to the conclusion that the evidence adduced in that case shows that it was respondent 1 and not respondent 2 who was in overall control of the day to day business of the firm. respondent 2 was not liable because he had the right to participate in the ..... a business. it seems to us that in the context a person 'in-charge', must mean that the person should be in overall control of the day to day business of the company or firm.in pratao chand case 1981 cri lj 595 (supra) the supreme court ..... para-4 of his evidence, he has stated that the godown belongs to one chiranjilal agar-wala and the petitioner had taken that on rent and used to sell there. from the trend of the statements of the petitioner recorded under section 313 cr. p. c, it appears .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori256; [1987]61CompCas465(Orissa); 1985(I)OLR338
..... , did not go to the extent of enabling the claims tribunal to entertain the claim for damages in respect of property alone. the karnataka high court, however, in the case of dy. general manager and divl. controller, karnataka state road transport corpn. v. jyoti constructions, mangalore, 1979 ace cj 426 : (air 1979 kant 79) took the view that ..... the claims tribunal is competent to entertain a petition merely for damages to property without anything more under section 110 of the act. in coming to the said conclusion, the ..... or goods. according to the learned judges of the karnataka high court, the aim and purpose of sections 110 and 110-a to 110-f of the act being to provide to the victims of the accident cheap and speedy remedy, the amendment which was made by act 56 of 1969 was only to clarify the position which .....
Tag this Judgment!Court : Orissa
Reported in : 1986(10)ECC162; 1986(24)ELT286(Ori); 1986(I)OLR147
..... facts and circumstances of the case any further or other demand or justice from the opp. parties would be an exercise in futility. the customs excise & gold (control ) tribunal in the case of col lector of central excise bhadrachalam paper board ltd. has held that wrapping paper used for manufacture of other varieties of paper is ..... to receive material or component parts of finished product like asbestos cement, on which the duty of excise or the additional duty under section 3 of the customs tariff act, 1975 > 51 of 1975 ), hereinafter referred to as the countervailing duty, has been paid in his factory for the manufacture of these goods or for the ..... the manufacture of various qualities of papers including wrapping paper falling under tariff item no. 17 of the first schedule to the central excises and salt act, 1944 (hereinafter called the 'act' ). the wrapping paper manufactured by the company is utilised in the factory of the company for packing other varieties of paper and paper boards. .....
Tag this Judgment!Court : Orissa
Reported in : 1989(24)LC630(Orissa)
..... (karnataka) : 1985 ecr 1228 karnataka as well as the decision of the andhra pradesh high court in the case of bhadrachalam paper boards ltd. v. collector of central excise, hyderabad : 1984(18)elt229(ap) ..... bar for entertaining the writ application and granting the required relief to the petitioner particularly when the order in question is appealable to a departmental authority, which would be an act in futility and would not be an efficacious remedy.6. the learned standing counsel appearing for the revenue reiterates the grounds taken by the assistant collector in rejecting the ..... the case of seshasayee paper and boards ltd., erode v. appellate collector of customs and central excise, madras and anr. : 1984(15)elt3(mad) madras the decision of the karnataka high court in the case of west coast paper mills ltd. v. collector of central excise, bangalore 1985 (2) e.l.t. 276 .....
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC139
..... that me insurance company is not liable to pay the penalty in die instant case.the delhi high court has taken into consideration of the decisions of this court, karnataka high court and madhya pradesh high court. it was observed:.the learned judge has held that the word 'liability' used in die section 95 covers liability to pay ..... of the damage or injury caused including death. but penalty is material reparation payable for breach of duty to pay the compensation within the statutory period prescribed under die act. penalty is distinctly different from compensation. in die instant case, we find that there is not specific term or condition in the insurance policy which binds the insurance ..... liability direct. due date is the date of accident. employer is supposed to know it. to bring knowledge of the accident to the insurer who has no control over the vehicle would be unreasonable.9. power of commissioner to direct payment of interest and impose penalty is provided under section 4-a of the .....
Tag this Judgment!Court : Orissa
Reported in : 1993ACJ385; (1999)IIILLJ418Ori
..... the opinion that the insurance company is not liable to pay the penalty in instant case.'the delhi high court has taken into consideration the decisions of this court, karnataka high court and madhya pradesh high court. it was observed :'.... the learned judge has held that the word 'liability' used in section 95 covers liability to pay ..... of the damage or injury caused including death. but penalty is material reparation payable for breach of duty to pay the compensation within the statutory period perscribed under the act. penalty is distinctly different from compensation. in the instant case, we find that there is no specific term or condition in the insurance policy which binds the insurance ..... direct. due date is the date of accident. employer is supposed to know it. to bring knowledge of the accident to the insurer who has no control over the vehicle would be unreasonable.9. power of commissioner to direct payment of interest and impose penalty is provided under section 4a of the .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT567; 1992(I)OLR344
..... law as to locus standi has been very much broadened by the supreme court. in this connection, we would refer to the case of chaitanya kumar v. the state of karnataka and ors., air 1936 sc 825, the case of dr. d. c. wadhwa and ors. v. state of bihar and ors., air 1937 sc 579. we, therefore ..... persons subjected to such detention. 2. jurisdiction and powers of all courts, except the federal court, with respect to any of the matters in this list; procedure in rent and revenue courts. list iii--concurrent legislative list 15. jurisdiction and powers of all courts, except the federal court, with respect to any of the matters in this list ..... as regards taking a decision. 16. in order to understand the contentions raised, it is necessary to apprise ourselves also what was the position under the government of india act, 1935, as regards the subjects and the division thereof between the federal government and the provincial government. list i--federal legislative list 53. jurisdiction and powers of all .....
Tag this Judgment!Court : Orissa
Reported in : I(1993)ACC473; 1992ACJ1041; AIR1992Ori193
..... p.m. on 10-11-1986 commenced from the mid night when 10-11-1986 started.9. mr. sinha submitted that in view of section 64 vb of the insurance act, 1938 insurer is prohibited to assume risk unless premium is received in advance. this section reads as follows:'64. vb-- no risk to be assumed unless premium is received in ..... a truck came from behind and dashed against him as a result of which he sustained injuries. on 10-2-87, he filed application u/ section 110-a of the act claiming compensation of rs. 1,50,000/-claim petition was amended on 2-7-1988 reducing it to rs. 1,45,000/- on which day the claim was agreed to ..... s.c. mohapatra, j.1. this is an appeal by the insurer under section 110-d of the motor vehicles act, 1939 (hereinafter referred to as the act) read with section 173 of motor vehicles act, 1988.2. on 10-11-1986 in the morning at about 6.45 a.m. while claimant was moving in his cycle from khapuria (government press side) towards .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori301; [1999]96CompCas49(Orissa)
..... interest are those which seek to protect public health, safety, morals and property. (see kalyani stores v. state of orissa, air 1966 sc 1686; and state of karnataka v. hansa corporation, air 1981 sc 463). 'public interest' means something in which the public has a vital interest in either a pecuniary or personal sense. it can ..... to whom it is used. justice felix frankfurter of the united states supreme court has said that the idea of public interest is a vague, impalpable, but all controlling consideration. while no one can formulate the abstract principle called 'public interest' and it cannot be considered in vacuo, it can fairly be understood and applied to ..... would never reach the court because the wrong-doers themselves being in control would not allow the company to sue. (see edwards v. halliwell (1950) 2 all er 1064 at page 1067, per jenkins, l.j.). various rights are given to minority shareholders under the act. under the general law, doctrine that the majority of members must .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori95; 1995(I)OLR132
..... of tenancy and observes the conditions laid down in those legislations and also against enhancement of rent except to the extent and in the manner permitted by them. the object of the house rent control act was no different. the act was not enacted with a view to confer for the first time a privilege on the ..... under the karnataka contract carriage (acquisition) ordinance, 1976 which came to be repealed by the act. the reason given by the supreme court is that there was ..... themselves for legal practice.'9. in m. s. shivananda v. the karnataka state road transport corporation, air 1980 sc 77, a question arose whether there is an automatic absorption of employees of erstwhile contract carriages under the karnataka contract carriage (acquisition) act, 1976. it was held that they did not acquire any vested right .....
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