Court : Orissa
Reported in : I(1984)ACC60; [1985]58CompCas503(Orissa)
..... and safe carriage. the consideration which is paid by the owner of the goods for the transport of the goods is a composite consideration. it is a consideration for the transport of goods as well as for the incidental transport of the passengers accompanying the goods. once it is accepted that the consideration paid by the owner of the ..... sub-section (1) of section 95 and held that when the owner of the goods enters into a contract for carriage of goods, the contract is of a composite character. the contract is not for carriage of goods alone'; the contract is for safe and convenient transport of the goods from the beginning till the end and the process of contract involves loading and unloading .....
Tag this Judgment!Court : Orissa
Reported in : II(1984)ACC316; AIR1984Ori43; 56(1983)CLT415
..... and safe carriage. the consideration which is paid by the owner of the goods for the transport of the goods is a composite consideration. it is a consideration for the transport of goods as well as for the incidental transport of the passengers accompanying the goods. once it is accepted that the consideration paid by the owner of the ..... (b). sub-section (11 of section 95 and held that when the owner of the goods enteres into a contract of carriage of goods the contract is of a composite character.the contract is not for carriage of goods the contract is for safe and convenient transport of the goods from the beginning till the end and the process of contract involves loading and unloading .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori103
..... they were filed. in rejecting this contention, their lordships stated as follows:--'............this power does not depend upon the presentation of an application by the state transport undertaking for a permit. this power is exercisable when it is brought to the notice of the authority that there is an approved, scheme and, to give ..... applications were filed before approval of the scheme regional transport authority could not exercise its power to refuse to entertain his applications because the point of time indicated by the word 'entertain' refers to the time when ..... 2) (a) runs as follows :--'(2) for the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the regional transport authority may, by order,--(a) refuse to entertain any application for the renewal of any other permit.'it was argued on behalf of the petitioner that as his .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori132
..... under section 3a;(c) 'industrial concern' means any concern engaged or to be engaged in the manufacture, preservation or processing of goods or in mining or in the hotel industry or in the transport of passengers or goods by road or by water or in the generation or distribution of electricity or any other form of power or in the development ..... of any continuous area of land as an industrial estate.explanation.-- the expression 'processing of goods' includes any an or process for producing, ..... . v. state of punjab) which now stands overruled in air 1974 sc 2009. the aforesaid four bench decisions of this court can no longer be held to be good law as they would be in direct conflict with air 1974 sc 2009 and are hereby overruled.11. a constitution bench of five judges also declared the tamil nadu land .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... essence, the district board was concerned with safeguarding the public roads whereas the transport authorities were concerned with the regulation of traffic in the interests of public safety and convenience. thus when the objects of schedule 2 of the central act ..... see section 112 (1) (i) ). the regulation of traffic with a view to provide for the convenience of passengers or for preventing unhealthy competition amongst rival transport services was not the function of the district board. it is true that there is overlapping of the functions of the two bodies to some extent, but in ..... deals specifically with the control of those motor vehicles which carry passengers or goods for hire or reward. section 42 prohibits the owner of a transport vehicle from using it except in accordance with the conditions of a permit granted by the appropriate transport authority. it is not denied that the petitioner had obtained & permit under .....
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC698; 1995ACJ733; 78(1994)CLT595; (1999)IIILLJ426Ori
..... position is not disputed. keeping in view the principles laid down by the apex court in regard to appropriate multiplier to be adopted, in the general manager, kerala state road transport corporation, trivandrum v. ms. susamma thomas and ors. (s.l.p. (civil) no. 9583 of 1992 disposed of on january 6, 1993), the compensation payable to ..... with the requirement of chapter xi. employees other than the driver, the conductor or ticket checker of a public service vehicle and the employees carried in a goods vehicle have to be covered by insurance if they are carried as passengers for hire or reward or by reason of or in pursuance of a contract of employment ..... act. they are (i) an employee driving a vehicle; (ii) conductors and ticket examiners in case of public services vehicles; and (iii) an employee carried in a goods vehicle. with the provisos and exceptions therefrom clause (b) specifies what are the liabilities that may be incurred in respect of the death or bodily injury to a person .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori51
..... reward, or(b) for organised racing and speed testing, or(c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or(d) without side-car being attached, where the vehicle is a motorcycle; or (ii) a condition excluding driving by a named person or persons or by any person .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... that would fall within the purview of article 301. in view of the great impact of the judgment, a larger bench was constituted to reconsider the same and in automobile transport (rajasthan) ltd. v. state of rajasthan, air 1962 sc 1406 the aforesaid principle was upheld; but it was clarified that regulatory measure or measures imposing compensatory tax id not come .....
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