Court : Orissa
Decided on : Oct-28-1991
Reported in : 1992CriLJ2909
..... junior law officer, sri narendra kumar khuntia filed the complaint alleging, inter alia, that the opposite parties committed the offence punishable under section 44 of the act for controvention of sections 25 and 26 thereof. it was alleged in the complaint petition that the opposite parties were discharging its sewage effluent on the land ..... decision the complaint petition was filed before the learned magistrate.4. the learned magistrate by the impugned order held, inter alia, that the actions complained of were acts purported to have been done by the opposite parties in discharge of their official duty. therefore, the sanction of the state government under section 197(1)(b) ..... be set in motion by any person by lodging a report with a police or by filing a complaint before the magistrate. reading section 49 of the act, it appears to me that this purpose is amply served by the provisions in the section since the board statutorily constituted comprising of experienced knowledgeable and high .....
Tag this Judgment!Court : Orissa
Decided on : Nov-12-1991
Reported in : 1992CriLJ3418
..... is, either unfit for human consumption or injurious to health. consequently, prosecution having failed to establish that the article sold was adulterated within the meaning of the act, must fail.16. before parting, i may observe that i have arrived at the above conclusion since prosecution has not led any evidence to show either that ..... learned counsel for the state argued that khesari powder being a prohibited article, the petitioner is clearly liable for the offence under section 16(1)(a) of the act. in this connection rule 44a of the prevention of food adulteration rules, 1955 was pressed into service.6. rule 44a prohibits, inter alia, sale of mixture ..... the chief district medical officer, sundargarh and launched prosecution against the petitioner for an offence under section 16(1)(a)(i) of the prevention of food adulteration act, 1954 on the allegation that he sold adulterated besan. thus the petitioner was tried for the aforesaid offence on the charge that he had exposed adulterated besan .....
Tag this Judgment!Court : Orissa
Decided on : Feb-20-1991
Reported in : 1992ACJ511
..... considered by the fact-finding authority, claimant should get an opportunity to explain to the commissioner and satisfy the commissioner that he is a dependant as defined under the act. in case i enter into merits to decide the question on the materials available, either party may be prejudiced. accordingly, in this case, i am inclined to ..... brother applicant is a dependant and is entitled to the compensation. deceased presented the application himself and in a separate petition authorised his lawyer to act on his behalf in the proceeding.4. on receipt of notice owner appeared and filed his written statement. he admitted the accident, fatal injury on deceased in ..... fatal injuries on the deceased to which he succumbed on 22.1.1989.3. respondent no. 1 filed an application for compensation of rs. 90,000/- under the act asserting in his application that deceased was aged 20 years and was receiving rs. 1,000/- as his monthly wages. it was further asserted that being the minor .....
Tag this Judgment!Court : Orissa
Decided on : May-15-1991
Reported in : 1991(56)ELT290(Ori)
..... were bound to assist the customs officers in the operation of rummaging. the other finding of this court that the punishing authority as prescribed under 133 of the act only referred to a court and not the collector of customs and, therefore, the imposition of penalty by the said collector was without any jurisdiction, conspicuously drew ..... duties'. according to their lordships, in the present case, the question is whether it also amounted to abetment of contravention of any of the provisions of the act or there was, any abetment to alleged smuggling of goods seized. in the light of this observation it has to be seen whether petitioners either directly or indirectly ..... rummaging operation and contraband foreign articles worth rs. 40,000/- had already been recovered and that the vessel had already been detained under section 110 of the act with a further direction to the master of the vessel not to cause the vessel to sail from the port except with the previous permission of the competent .....
Tag this Judgment!Court : Orissa
Decided on : May-03-1991
Reported in : II(1991)ACC399
..... occurrence.2. on assessment of evidence, trial court found petitioner guilty of offence under sections 279 and 337, ipc., and section 118-a of the motor vehicles act, 1939. convicting petitioner offences under the aforesaid section, learned sub judge sentenced him to undergo r.i. for one month for each offence and directed the ..... accident or damage who demands it, provided such person also furnishes his name and address.then, petitioner has also committed offence under section 118-a of motor vehicles act, 1939.7. although conviction of petitioner for offence under sections 279 and 337, ipc, cannot be disturbed, question is whether two separate sentences are to be ..... the code. there may not be any prohibition for an officer to be presiding officer of two courts; a civil court established under the orissa civil courts act and a criminal court established under code of criminal procedure. however, a court must have been established by suite government to which high court gets jurisdiction .....
Tag this Judgment!Court : Orissa
Decided on : Feb-20-1991
Reported in : II(1991)ACC687
..... been considered by the fact finding authority, claimant should get an opportunity to explain to the commissioner to satisfy the commissioner that he is dependant as defined under the act. in case i eater into merits to decide the question, on the materials available, either party may be prejudiced. accordingly, in this case, i am inclined to ..... brother applicant is a dependent and is entitled to the compensation. deceased presented the application himself and in a separate petition authorised his lawyer to act on his behalf in the proceeding.3. on receipt of notice owner appeared and filed his written statements. he admitted the accident, fatal injury on deceased in ..... injuries on the deceased to which he succumbed on 22.1.1989.2. respondent no. 1 filed an application for compensation of rs. 90,000/- under the act asserting in his application that deceased was aged 20 years and was receiving rs. 1,000/-as his monthly wages. it was further asserted that being the minor .....
Tag this Judgment!Court : Orissa
Decided on : May-17-1991
Reported in : 1(1992)ACC578
..... 1,00,000/- was awarded. the court emphasised on the desirability of filing the copy of policy, because insurance company is an instrumentality of the state, which is expected to act fairly and avoid litigation. order 8 rule 1 of the code of civil procedure, 1908 (in short the 'code') permits a defendant to present a written statement of his defence ..... naming the owner of the vehicle and its insurer. there is no column for naming the driver. the driver, therefore, cannot be held liable in an inquiry prescribed under the act. this is the view expressed by this court in prafulla kumar misra and anr. v. balaram sahu and ors. 1975 a.c.j. 29. since the liability is originally ..... driver of the vehicle involved in the accident or by all or any of them, as the case may be. even though under section 110-b of the act (section 168 of the new act) the driver of the vehicle involved in the accident may be made liable for compensation, under rule 6 of the orissa motor vehicles (accidents claims tribunals) .....
Tag this Judgment!Court : Orissa
Decided on : Apr-16-1991
Reported in : II(1994)ACC139
..... namely-(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in ..... the damage or injury caused including death. but penalty is material reparation payable for breach of duty to pay the compensation within the statutory period prescribed under die act. penalty is distinctly different from compensation. in die instant case, we find that there is not specific term or condition in the insurance policy which binds ..... in the truck whereas mangal was driver of another truck belonging to the appellant. widows of deceased bahadur, deceased mangal and ramesh himself claimed compensation under the act on account of deaths and injuries-respectively. since the risk in respect of the truck in which they were travelling was covered under a policy issued by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-1991
Reported in : AIR1992P& H1; [1992]75CompCas733(P& H)
..... not only received the authority or concession or privilege to conduct public examinations but had been statutorily recognised by s. 2(s) of the delhi education act as a body of persons or a society recognized and authorised by the government to discharge the public function or the government function of imparting education. the ..... air 1985 delhi 142 (fb), the question for consideration was whether the council for indian school certificate examination which was a society registered under the societies registration act, 1860, was an instrumentality of the state within art. 12/226 of the constitution of india. it was observed that the council had entered into an ..... of the respondent-institute both structurally as well as functionally.15. the institute was incorporated as a public limited company under s.26 of the indian companies act, 1913. the membership of the institute was restricted to fivecategories of members. the members were required to pay specified fees per annum. the management of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-10-1991
Reported in : AIR1992P& H62
..... been certified to the revenue officer, it amounts to an automatic stay of proceedings pending disposal of the appeal. if the orders specifically dealt with in the act against which an appeal is provided or which otherwise determine the rights of the parties, like an order refusing partition, order determining title of the parties, are ..... excluded from partition whereas s. 120 contains provisions with regard to distribution of revenue and rent after partition. in so far as s. 121 of the act is concerned, it only says that when partition is completed the revenue officer will cause an instrument of partition to be prepared andthe date on which the ..... respondents. they moved an application before the assistant collector 1st grade, gurgaon, for partition of the joint land under s. 111 of the punjab land revenue act, 1887 (hereinafter called the act) on 3rd november, 1986. mode of partition was drawn on 5th october, 1987 and objections filed by the petitioner or khem ram, respondent no. 3, .....
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