Court : Orissa
Reported in : AIR1975Ori219
..... and abandoned holdings.chapter viii is under the heading miscellaneous. rule 32 prescribes the procedure to be followed by the collector while proceeding under the provisions of the act. rule 32 (1) (g) in particular lays down that the collector shall record in his own hand and in a memorandum, the material averments of the ..... by an officer competent to make the grant. it was made clear therein that the matter would be different if the revenue authorities purporting to act under the darkhast rules acted outside the scope oftheir authority otherwise; it was not open to the civil courts to assume to themselves the appellate powers conferred on other authorities. ..... state of facts exists, and, if they exercise the jurisdiction without its existence, what they do may be questioned, and it will be held that they have acted without jurisdiction. but there is another state of things which may exist. the legislature may entrust the tribunal or body with a jurisdiction, which includes the jurisdiction .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori224; 42(1976)CLT1129
..... each other for the first time as they were heading to the intersection; the speed of the respective vehicles; the blowing of the horn; steps taken to control the respective vehicles; care and caution exercised for avoiding the collision et cetera are material features. the mortor-cyclist on account of death is not available. the ..... any authority authorised in this behalf by the state government may, by notification in the official gazette or by the erection at suitable places of the appropriate traffic sign referred to in part a of the ninth schedule, designate certain roads as main roads for the purposes of the regulations contained in the tenth schedule.' ..... 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 major son of mukherjee and the other .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori122
..... state government; (ii) any road transport corporation established under section 3 of the road transport corporation act, 1950 (54 of 1950); (iii) (omitted by act 56 of 1969); (iv) any municipality or any corporation or company owned or controlled by the central government or one or more state governments or by the central government and one ..... are wholly misleading. in col. 6, the particulars disclosed are. 'three scheduled trips as in col. 4 (b) above. more trips may be performed according to traffic demand'. the comment is that under col. 4 (b) particulars published regarding number of daily trips are vague since against that column it has been stated, 'three ..... as against this column it is mentioned, 'one or more according to necessity. buses on contract or reservation basis as per rules shall be provided according to traffic demand'. it is clear, therefore, that the scheme does not make any provision for contract carriages freely available to be hired by the intending passengers. thus, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori51
..... . the tribunal seems to have conducted itself in a way which gives us the impression that it abdicated its powers to regulate the proceedings and permitted the insurer to control the proceeding at its choice.issues had been settled in the presence of the parties. there was no occasion for the insurer to put in issues on the basis ..... and the company may not provide for all the liabilities which the company has to undertake vis-a-vis the third parties, in view of the provisions of the act. we are of opinion that once the company had undertaken liability to third parties incurred by the persons as specified in the policy, the third parties' right to ..... into a trap of errors. rule 20 of the orissa motor vehicles (accident claims tribunal) rules, 1960 (hereinafter referred to as the 'rules') made under section 111a of the act makes certain provisions of the civil p. c. applicable to the proceedings. order 9 of the code has been applied. rule 7, which we have already extracted, nowhere makes .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori54
..... being mechanical, inapt and unjust. these are aspects within the legislative domain, and challenge before us cannot succeed. besides, the basic structure of the act (excepting the subsequent amendments) enjoys the umbrella of protection of article 31-b of the constitution having been included in the ninth schedule of the ..... the supreme court was drawn to various hypothetical situations giving rise to inequitable and anomalous positions. the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 contained almost similar artificial definitions and a provision for clubbing of lands held by members comprised in the 'family unit'. the constitution bench speaking through ..... the provisions relating to ceiling and disposal of surplus lands. for the purpose of the chapter, the most important part relating to agrarian reforms in the whole act, two expressions have been defined in section 37:--'37. in this chapter,-- (a) 'person' includes a company, family, association or other body of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... the familiarity with the local problem so necessary for making a wise decision, with respect to raising and disposing public revenues ......... ... ....'(see air 1975 sc 594, state of karnataka v. d. p. sharma. 'it is well recognised that a legislature does not have to tax everything in order to tax something. it can pick and choose districts ..... may be specified by the state government in the lease;'12. it was contended that royalty was tax and the parliament having taken over control by declaration in section 2 of the central act of 1957 to levy royalty in the field of mining and mineral development, the power, of the state legislature to impose tax was over ..... interest entry 23: regulation of mines and oil fields and mineral development subject to the provisions of list i with respect to regulation and development under federal control.the entries have been kept intact in the constitution and are as follows:--entry 54--list-i-'regulation of mines and minerals development to the extent to .....
Tag this Judgment!Court : Orissa
Reported in : I(1984)ACC60; [1985]58CompCas503(Orissa)
..... liability of the owner towards him must be covered by the insurance policy contemplated by the said section.'11. we are in respectful agreement with the view taken by the karnataka and bombay high courts in the aforesaid decisions.12. mr. s. s. basu, the learned counsel appearing for the insurer, cited before us the following decisions where ..... had to avert. in the circumstances of the case, the presumption is that the vehicle must have been driven in such a manner that it was not under the control of the driver. unless the owner rebuts this presumption, the claimants are bound to succeed. there is nothing to show that the accident occurred in spite of reasonable ..... ) department. notificationbhubaneshwar, the 10th october, 1974. no. tlc-77/74/14947/t.--in pursuance of sub-sections (1) and (4) of section 110 of the motor vehicles act, 1939 (4 of 1939), and in partial modification of the notification of the government of orissa in the transport department no. 3411-tab-4/58-t, dated the 4th june .....
Tag this Judgment!Court : Orissa
Reported in : II(1984)ACC316; AIR1984Ori43; 56(1983)CLT415
..... liability of the owner towards him must be covered bv the insurance policy contemplated by the said section.'9. we are in respectful agreement with the view taken by the karnataka and bombay high courts in the aforesaid decisions.10. mr. s.s. basu, the learned counsel appearing for the insurer cited before us the following decisions where a ..... had to avert. in the circumstances of the case, the presumption is that the vehicle must have been driven in such a manner that it was not under the control of the driver. unless the owner rebuts this presumption the claimants are bound to succeed. there is nothing to show that the accident occurred in spite of reasonable ..... transport) department. notification bhubaneswar the 10th october. '74. no. tlc-77/74/14947/t. in pursuance of sub-section (1) and (41 of section 110 of the motor vehicles act. 1939 (4 of 1939) and in partial modification of the notification of the government of orissa in the transport department no. 3411-tab-4/58-t. dt. the 4th june .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR504
..... sanction the prosecution of the appellant and even otherwise the prosecution of the appellant was invalid owing to want of valid sanction as required by section 6 the act. mr. a. rath, the learned additional standing counsel has, however, submitted that there had been no infirmity in the prosecution evidence which conclusively established the ..... payer's lips carry little conviction in the absence of reassuring support. we hope the authorities in charge of cleansingour public sector corruption will view each detected act as symbolic of chain scheme and symptomatic of a deeper systematic malody and not as an isolated aberration of a dalinquent official. a massive purge, not ..... accept the uncorroborated testimony of these two accomplices, namely, p. ws. 2 and 8 and the court would require corroboration from independent and reliable sources before acting upon the statements of these witnesses.16. i must, however, keep on record that the above observations have been made by me, on the basis of .....
Tag this Judgment!Court : Orissa
Reported in : 1986(I)OLR201
..... therefore, threatened to disconnect the electric supply and ultimately disconnected the line on 30-12-1976. the appellant filed an application under section 20 of the arbitration act invoicing the arbitration clause of the agreement and the said application was numbered as o. s. no. 127 of 1977. before the learned subordinate judge the ..... to review the arbitrator's conclusion or findings if he has acted within his authority and according to the principles of fairplay. the object of the arbitration act, in substance, is to oust the jurisdiction of the normal courts except for the purpose of controlling the arbitrator and preventing misconduct. a court in an application ..... under section 30 or section 33 of the arbitration act cannot make sifting investigation and normally the court should not set aside an award where the parties .....
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