Court : Orissa
Decided on : Feb-11-1998
Reported in : 2000ACJ714; 85(1998)CLT485
..... matter, the appellant insurance company having issued the policy on receipt of the cheque for the major part of the premium in contravention of section 64vb of the insurance act, it cannot claim immunity thereunder to absolve itself from the liability. the claim of the third party, therefore, cannot be defeated for ..... orissa), needs consideration. this court has held that the insurer cannot be absolved of its liability once it issues a policy. provisions of section 64vb of the insurance act, no doubt, put an embargo on the power of the insurer to assume any risk unless and until the prescribed amount is received ..... and, therefore, the liability is assumed only after the premium is received in advance.the court took the view that in view of section 64vb of the insurance act, if the premium was not received by the company because of the bouncing of the cheque, issuance of a cover note against the ..... a policy or in respect of bodily injury sustained by the said employee, arising out of the employment under the workmen's compensation act, 1923 (hereinafter referred as 'the w.c. act'). section 95 (2) (a) clearly lays down that where the vehicle is a goods vehicle, a limit of rs. 1,50 ..... having cancelled the policy, the insurer has any liability under the policy to any employee of the alleged insured in view of the provisions of section 64vb of the insurance act.mr. a.k. choudhury, learned counsel on behalf of mr. b.p. mohanty for the respondents-claimants, however, contended that the bouncing .....
Tag this Judgment!Court : Orissa
Decided on : Aug-20-1998
Reported in : II(2001)ACC646
..... always with the implication of a public conveyance entered by fare or contract.according to law lexicon by venkataramaiya, the word 'passenger' used in various sections of the act means a person who is a ticket holder is regarded as 'passenger' even before he has actually boarded the train. see hari sarup v. ..... being so carried by the captain's invitation without the knowledge of the owners were held not to be 'passengers' within the merchant shipping act, 1854 (clause 194), sections 354, 379. the lion, lr 2 pc 525. from the judgment of the privy council in that case it would seem that payment ..... in the process of alighting from a public service vehicle, should be covered by the policy of insurance, which requirement is mandatory under section 95(1)(b)(ii) of the act. further, once such persons, viz., those who are entering or alighting from the vehicle are treated as passengers, the limit of liability ..... the insurer's appeal was dismissed, but the cross-appeal was allowed and the compensation was enhanced to rs. 1,32,000/-. it was directed that the enhanced amount of rs. 67,000/- shall carry interest at the rate of 6 per cent.3. in the present appeals, the insurer has assailed ..... pasayat, j.1. these two appeals under the letters patent are directed against the judgment of a learned single judge of this court and involve an interesting question-'who is a passenger?'-for the purpose of motor vehicles act, 1939 (in short, the 'old act').2. a brief reference to factual aspects would suffice. .....
Tag this Judgment!Court : Orissa
Decided on : Jun-17-1998
Reported in : I(1999)ACC109; 2000ACJ1550; 86(1998)CLT735
p.k. misra, j. 1. in this appeal under section 173 of the motor vehicles act, the owner has challenged the award passed by the claims tribunal awarding a sum of rs. 12,000 in favour of the claimant-respondent no. 1.2. it is claimed .....
Tag this Judgment!Court : Orissa
Decided on : Jul-27-1998
Reported in : 2000ACJ1512
..... have any right to resist a claim application on merit (that is to say, on the question of negligence and quantum), unless such insurance company is specifically permitted under section 170 of the act. such contention of the counsel for the respondents appears to be fully supported by the aforesaid supreme court decision. in the said case, the owner was ex parte ..... supreme court observed that the insurance company cannot be permitted to contest a case either during trial or in appeal on merit unless it is specifically permitted under section 170 of the motor vehicle act.14. the learned counsel for the appellant, however, submitted that certain situations have not been contemplated by the supreme court decision and the decision is distinguishable. it ..... parte, keeping in view the principles decided by this court in several cases, the insurance company could contest the claim application on merit even without taking resort to section 170 of the motor vehicles act. the learned counsel for the claimants-respondents, however, relied upon the decision of the supreme court in shankarayya v. united india insurance co. ltd. 1998 acj 513 ..... argument seems to be attractive, in view of the decision of the supreme court referred to supra, i negative such a contention. in view of the specific language contained in section 170 of the act, there can hardly be any scope for contending that the insurance company can be impliedly permitted to contest the case on merit .....
Tag this Judgment!Court : Orissa
Decided on : Aug-20-1998
Reported in : 2000ACJ1506; 1998(II)OLR444
..... always with the implication of a public conveyance entered by fare or contract.according to law lexicon by venkataramaiya, the word 'passenger' used in various sections of the act that a person who is s ticket holder is regarded as 'passenger' even before he has actually boarded the train. (see hari sarup v. ..... a beneficial provision engrafted by way of an exception to provide an insurance cover to passengers. however, in the new act, proviso (ii) to section 95 (1)(b) of the old act on which the present interpretation rests has been omitted. this aspect was highlighted by the apex court in noorjahan (tmt) ..... in the process of alighting from a public service vehicle, should be covered by the policy of insurance, which requirement is mandatory under section 95 (1)(b)(ii) of the act. further, once such persons, viz., those who are entering or alighting from the vehicle are treated as passengers, the limit of ..... the insurer's appeal was dismissed, but the cross-appeal was allowed and the compensation was enhanced to rs. 1,32,000/-/. it was directed that the enhanced amount of rs. 67,000/- shall carry interest at the rate of six percent.3. in the present appeals, the insurer has assailed ..... j.1. these two appeals under the letters patent are directed against the judgment of a learned single judge of this court and involve an interesting question - 'who is a passenger ?' for the purpose of motor vehicles act, 1939 (in short, the 'old act').2. a brief reference to factual aspects would suffice .....
Tag this Judgment!Court : Orissa
Decided on : Sep-16-1998
Reported in : 1998(II)OLR424
..... the state and submitted a written complaint and on 19.7.1.997 she filed the f.i.r. (annexure-1) and the cantonment p.s.case no. 67 of 1997 under sections 354 and 376/511, ipc was registered. the incident was flashed in the newspapers and several writ petitions were registered at the instance of the prosecutrix and other people ..... , cr.p.c. the court of session at cuttack and not the court of session at bhubaneswar have the jurisdiction. this argument of mr. arunachalam was, however, amended by mr. s.c. lal while giving his reply after the argument was advanced from the side of the opposite party. mr. mohanty had argued that in accordance with the ..... also relied upon the cases of state of orissa v. phulchand agarwalla and anr., : vol. xxxi (1965) clt 140 and debi rani choudhury and anr. v. rama chandra choudhury : vol. xxxii (1966) clt 423. he also placed reliance on that decision in support of his contention that question of jurisdiction can be raised at any time.13. the aforesaid problem relating ..... village under another police station along with that pistol. two separate cases were registered by the two separate police stations relating to the offence under section 302, ipc and the offence under section 19(f) of the arms act. after his conviction in the trial as well as in the appellate court the appellant approached the apex court and raised the question of .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1998
Reported in : 87(1999)CLT272; 1999(I)OLR187
..... ) the standard staff for a high school was prescribed with classes iv to xi and no additional sections. the requirement was the same qualification. after amendment the relevant regulation is regulation 17(2) which has been indicated above. in section 7-d of the act effect of non-recognition has been indicated, and it provides that notwithstanding anything to the contrary in ..... educational institution.(k) 'recognised educational institution' means any private educational institution which is or has been recognised by the state government; and(l) 'rules' mean rules made under this act. section 4 - establishment and recognition of educational institutions-(1) the state government may regulate the primary and other stage of education and courses of institution in government and private educational institutions ..... at least 7 years' service either as a teacher in a high school or as a headmaster of a middle school or the two taken together.'orissa education act. 1969'section 3 - definitions :in this act unless the context otherwise requires -(a) ............(b) 'aided educational institutions' means a private educational institution which is recognised by and is receiving aid from the ..... invalid.as to when choice of a cut off date can be interfered was stated by holmes, j. in louisville gas and e.co. v. coleman : (1927) 277 us 32 by stating that if the fixation be 'very wide of any reasonable mark' the same can be regarded arbitrary. what was stated by holmes, j. was cited with approval by .....
Tag this Judgment!Court : Orissa
Decided on : Dec-04-1998
Reported in : 87(1999)CLT22; 1999(I)OLR17
..... them the confirmation in the respective posts on the ground that they lack the prescribed educational qualifications.........'15. sec. 33-a of the orissa co-operative societies act has undergone amendment. for better appreciation, the section before and after amendment is extracted herein below :sec. 33-a before amendment :'the registrar may classify the societies in the state into different classes and may (a) fix the number ..... retrospective effect from 1.7.1986, we would hold that the same is in consonance with the power conferred by amended section 33-a. as to the bye-law no. 20 (annexure-f/4) on which much reliance was placed by the opposite parties in support of their contention that the ..... to the petitioner's promotion. in that view of the matter, it cannot be said that petitioner's promotion to the post of accountant was in contravention of sec. 33-a.16. after the amendment in 1991 power of appointment completely vests in the committee of the society. the petitioner's promotion in 1982 having been re-approved/reaffirmed in 1992, with ..... ors. : air 1987 supreme court 1086. in view of the above authoritative pronouncements of the supreme court, we would not have referred to the decisions of this court reported in 67 (1989) clt 5 (fb) : banabihari tripathy v. registrar of co- operative societies, orissa and another; 73 (1992) clt 588: satrughana rout v. managing director, tribal development co-operative corporation of .....
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