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Court : Orissa
Decided on : Jan-25-2000
Reported in : AIR2000Ori92
ORDERC.R. Pal, J.1. This Misc. Case arises out of Election Petition No. 9 of 1995 at the instance of respondent No. 1 praying to take up the Issue No. 9 as a preliminary issue.2. The petitioner has filed the election petition challenging the election of the respondent No. 1 to the Orissa Legislative Assembly from 74 (S.C.) Gopalpur Constituency in the election held oh 9-3-1995 on the grounds that the respondent No. 1 adopted corrupt practices during that election as enumerated in the election petition. The respondent No. 1 on receiving the notice along with copy of election petition filed his written statement contending, inter alia, that the election petition as laid is not maintainable both on facts and in law; there has been no compliance of the requirements of Sections 81, 82 and 117 of the Representation of the People Act, 1951 the election petition is defective the same having not been properly attested; the petition is not in proper form and that the affidavit in support of alle...
Tag this Judgment!Court : Orissa
Decided on : Apr-19-2000
Reported in : 2002ACJ843; 90(2000)CLT588; (2001)IIILLJ110Ori
P.K. Misra, J. 1. The insurer has filed this appeal under Section 30 of the Workmen's Compensation Act.2. Claimant-respondent No. 2 filed claim application claiming compensation on account of death of her husband, who was the driver of the truck bearing registration number O.S.S. 5551 belonging to the owner-respondent No. 2. The truck was returning from Ahmedabad to Cuttack via Nagpur. It seems that on the way there was homicidal death of the driver. The claim application was initially filed before the Judge, First Labour Court, Nagpur, but subsequently, the case was transferred to the Commissioner for Workmen's Compensation at Rourkela (in short, the 'Commissioner').3. The owner in her written statement stated that the accident had not arisen out of employment as the workman died on account of homicidal death which has got no connection with employment. The Insurer denied in general its liability.4. The Commissioner found that the deceased was a workman and had died in an accident ari...
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