Court : Orissa
Reported in : 2000ACJ620; (1999)ILLJ1266Ori
..... the commissioner having jurisdiction over the area and the state government concerned:provided further that, where the workman, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or a workman in a motor vehicle or a company, meets with the accident outside india any such matter may be done by or before a commissioner of the area in which the owner or agent of the ship, aircraft ..... of 1995 in the line of motor vehicles act, 1988. ..... applicant is advised to file it again in the appropriate court of west bengal and may transfer it to this court for taking further action.lateradvocate for the applicant appeared and filed a memo to take back same documents from the case ..... -section (1) of section 21 of workmen's compensation act as amended by act no. ..... the petitioner was in employment and was discharging his duty as helper, the bus met with an accident near golbazar, kharagpur in the district of midnapur, west bengal and the petitioner sustained injuries. ..... we have no hesitation in holding that in view of the provisions of section 21 of the act as it stands after the aforesaid amendment, the claim petition is maintainable in the district of cuttack as the petitioner is residing here ..... our attention to section 21 of the workmen's compensation act the learned counsel for the petitioner urged that this section was amended by act no. ..... it appears that probably the amended provisions was not brought to the notice of the commissioner who has passed the impugned .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori12; 52(1981)CLT19
..... therefore, after the amending act 100 of 1956, by which section 110-a of the motor vehicles act has been inserted, the distinction of sovereign and non-sovereign acts of the state no longer exists as all owners of vehicles are brought within the scope of this section ..... after the amendment of section 110 of the motor vehicles act by the amending act. ..... 1957, the parliament has, in categorical terms by introduction of these sections, stated that if, while driving a motor vehicle (which includes a vehicle owned by the state government or by the government of india) the owner of the vehicle is liable to pay compensation to the persons who are entitled to claim damages. ..... 1) and the junior motor vehicle inspector (o. p. w. ..... the junior motor vehicle inspector (o, p. w ..... this case was distinguished in puspabai's case (air 1977 sc 1735) (supra) by the supreme court and it was held that while the driver was acting under employment of the owner had taken one passenger into the jeep and the passanger died out of the accident committed by the driver, the owner was held liable ..... it has been held by the supreme court in state of west bengal v. ..... of uttar pradesh, air 1965 sc 1039, a bench of five judges held that there is a material distinction between the acts committed by the servants employed by the state where such acts are referable to the exercise of sovereign powers delegated to public servants, and acts committed by public servants which are not referable to the delegation of anysovereign powers. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori196
..... and berar motor vehicles (amendment) act, 1947 was impugned on the ground that it offends fundamental rights. ..... and berar motor vehicles act 1947) was invalid under the provisions of the government of india act 1935 was fully examined. ..... on the 27th april 1955, the parliament passed the constitution (fourth amendment) act 1955 amending clause (2) of article 31 as follows : '31 (2) no property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of ..... these two appeals will therefore be governed by the principles laid down by their lordships of the supreme court in (s) air 1955 sc 781 and the constitutional validity of the proviso to clause (e) of section 7(1) of the act cannot be challenged merely on the ground that it offends article 31(2) (as amended) inasmuch as that very clause of the constitution expressly bars the jurisdiction of the court to examine the adequacy or otherwise of the amount of compensation payable. ..... in giving their decision the learned judges who constituted the division bench were influenced mainly by the principles laid down by the supreme court in state of west bengal v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... court itself after having found certain provisions of the administrative tribunals act, 1985 as invalid gave opportunity to bring out necessary amendment to take care of the invalidity. ..... judges had also been made for 'more speedy trial' as would appear from the long title of the criminal law amendment act, 1952, whose section 6(l)(a) includes trial of offences under the prevention of corruption act, 1988, has failed to deliver the goods, as would appear from what has been stated in paragraph 5 of the preamble, the act was enacted to try a special class of offenders with 'utmost dispatch'. ..... case, the vires of the west bengal special courts act, 1950 was under consideration, which act had been enacted to provide ..... that the classification made by the act, which is based on the type of offenders as distinguished from the type of offences, which was the basis of the west bengal act, was held permissible in the ..... , but there are statutes and statutes and the strict construction deemed proper in the case, for example, of a penal or taxing statute would be often subversive of parliament's real intent if applied to an act passed to ensure the peace, order and good government of a british colony, says 'the strict construction deemed proper in the case, for example of a penal or taxing statute points to an important difference ..... for trial by the special court did not have a nexus sought tobe achieved by the west bengal act. ..... context refers to state of west bengal v. ..... and (2) state of west bengal v. .....
Tag this Judgment!Court : Orissa
Reported in : I(2007)ACC488; AIR2006Ori188; 102(2006)CLT549
..... chairman, state transport authority, west bengal and secretary, state transport authority, west bengal, who are the countersigning authorities, are illegally grating temporary stage carriage permits in breach of the provisions of motor vehicles act, 1988 (in short 'the act') and more particularly provision in section 88(1) of the said act. ..... also stated that reciprocal agreement between the state of orissa and west bengal, annexure-1 was of the year 1986 and that was superceded by the agreement dated 18.11.1996, annexure-2, but notwithstanding the said agreement after the year 1995 the state transport authority, orissa without executing and taking steps for final reciprocal agreement under section 88 (5) & (6) of the act, is granting successive temporary permits to different operators creating unhealthy competition ..... (underlined by us to put emphasis)it also appears from annexure-8, the gazette notification of the west bengal government dated 10.12.1996, that while specifically not preferring to the practice of grant of temporary permit, it decided to take up the matter with opposite party ..... is pertinent to mention here that no documents are available before this court to show or suggest that any application for permanent permit in an approved inter-state route between orissa and west bengal was rejected by the concerned authorities in the state of orissa. ..... 2 to 4, state of west bengal suffers losses of tax and revenue ..... the state of west bengal also issued similar instruction in that .....
Tag this Judgment!Court : Orissa
Reported in : 1(2007)ACC488
..... west bengal and secretary, state transport authority, west bengal, who are the countersigning authorities, are illegally grating temporary stage carriage permits in breach of the provisions of motor vehicles act, 1988 (in short 'the act') and more particularly provision in section 88(1) of the said act. ..... reciprocal agreement between the state of orissa and west bengal, annexure-1 was of the year 1986 and that was superseded by the agreement dated 18.11.1996, annexure-2, but notwithstanding the said agreement after the year 1995 the state transport authority, orissa without executing and taking steps for final reciprocal agreement under sections 88(5) and 88(6) of the act, is granting successive temporary permits to different operators ..... (underlined by us to put emphasis)it also appears from annexure-8, the gazette notification of the west bengal government dated 10.12.1996, that while specifically not preferring to the practice of grant of temporary permit, it decided to take up ..... that no documents are available before this court to show or suggest that any application for permanent permit in an approved inter-state route between orissa and west bengal was rejected by the concerned authorities in the state of orissa. ..... , they consider and grant temporary permits keeping in view convenience of people, opposite parties 5 to 7 have stated that because of adoption of practice of grant of temporary permits by opposite parties 2 to 4, state of west bengal suffers losses of tax and revenue. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... by schedule 7 (l) of that act retrospective effect was given to that amendment in consequence of which all statutes dealing with taxation of motor vehicles that were in force prior to the commencement of the government of india act, 1985, would continue in force after its commencement until repealed or amended by a competent legislature (see schedule 92). ..... the madras act with its several subsequent amendments continued to remain as the law in force in ganjam district in the year 1944, in 1931 the madras legislature passed another act known as the madras motor vehicles taxation act, 1931, abolishing the levy of tolls in the presidency of madras and also the levy of taxes on motor vehicles by local bodies and providing for taxation of motor vehicles by the provincial government at certain stipulated rates. ..... in 1940 the orissa legislature passed an act known as the motor vehicles taxation (orissa amendment) act, 1940 (orissa act iii [3] of 1940) amending that act in its application to the ex-madras area. ..... but it is sufficient to note that, that sub-section was omitted by section 22, motor vehicles (amendment) act, 1942 (act xx [20] of 1942) and it is no longer in section 134. ..... in schedule 1 to that act there were several provisions dealing with consequential amendments made to the madras act so as to bring it in conformity with the madras motor vehicles taxation act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
..... argument reliance was placed on a division bench decision of the calcutta high court reported in -- 'subodh g6pal v, behari lal', air 1951 cal 85 (k) where it was held that section 7, bengal land revenue sales (west bengal amendment) act which made the amending act applicable to pending suits & unexecuted decrees was prima facie unreasonable. ..... in a later full bench decision of the calcutta high court reported in -- 'air 1952 cal 273' (h) the same high court distinguished the earlier decision and held that the provisions of the west bengal rent control (amendment) act of 1950 which were in terms retrospective in operation and applicable to pending cases were not unreasonable. ..... act 3 of 1923), section 8(4), madras medical registration (amendment) act, 1938 (mad act 16 of 3938), section 96, road traffic act, 1930 (20 & 21 ..... be made in this connection to the report of the madras estates land act committee of the year 1938 (known as pakasam committee) which recommended radical amendment to the madras estates land act and drastic reduction of the rent payable by the tenants to the landlord. ..... if such a difficulty should arise, it may be assumed that parliament would be prepared to give its assistance in removing it by passing amending legislation; but this course would involve delay, and parliament accordingly 'a priori' delegates the power to remove difficulties to ministers, who have proposed the legislation in question and in ..... by the supreme court in -- 'state of west bengal v. a. s. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR408
..... bengal finance (sales-tax) act, 1941 (in short, 'bengal finance act') and west bengal sales-tax act, 1954 (in short, 'bengal act') as amended by the west bengal taxation laws (second amendment) act, 1984 (in short, 'bengal amendment act ..... therefrom his contractual transfer price during that period on -(a) contractual transfer of goods referred to in section 14 of the central sales tax act, 1956, on a prior sale whereof in west bengal sales tax act, 1954, if such goods are notified for taxable under that act, is shown to the satisfaction of the commissioner to have been paid;(b) contractual transfer of goods, sales of which are declared tax-free ..... officer to do so and that also is bad for non-compliance with the provisions of the act and the rules as neither he has recorded any reasons in writing nor ..... this being the position of law, and admittedly the petitioner having made an application oh august 1, 1985, by giving a list of registration is applied for and the sales tax officer having granted a certificate of registration on august 5, 1985, but merely inserting therein 'execution of works contract' as against column 3 of the certificate of registration, it must be held that it was beyond the jurisdiction of the said .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori256; [1987]61CompCas465(Orissa); 1985(I)OLR338
..... the said provision was amended by central act 56 of 1969 and by the amending provision, the words 'motor vehicles, or damages to any property of a third party so arising, or both' were introduced and further a proviso was also added. ..... in order to decide this question, it is necessary to note certain changes in the provisions of the motor vehicles act (hereinafter referred to as the 'act') which have been introduced by way of amendment from time to time. ..... though by the amending act 56 of 1969, the words 'motor vehicles, or damages to any property of a third party so arising, or both' were introduced into section 110 enabling the claims tribunal to entertain an application for award of damages in respect of property alone, corresponding provision in section 110-a was not ..... the next important question which arises for consideration is whether in the absence of 'the owner of the property' within the category of persons who are entitled to file applications for compensation enumerated in section 110-a of the act, notwithstanding the amended provisions of section 110, can an owner make an application to the claims tribunal claiming compensation in respect of any damage to his property caused by accident arising out of the use of motor vehicle? .....
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