Court : Orissa
Decided on : Mar-06-1991
Reported in : II(1994)ACC102
..... transfer of certificate of insurance as laid down in section 103-a of the m.v. act. it, inter alia, provides that where a person in whose favour the certificate of insurance has been issued proposes to transfer to another person the ownership of the motor ..... counsel appearing for balwant singh.4. in view of the contention raised, it would be desirable to refer to various relevant provisions of the motor vehicles act, 1939 (in short 'the m.v. act') which held the field at the relevant time, dealing with die liability of the insurer. the provision which needs consideration in the instant case relates to ..... a. pasayat, j.1. in this appeal under section 30 of the workmen's compensation act, 1923 (hereinafter referred to as 'the act') the liability fastened on the national insurance company limited (in short 'the insurance') is under challenge.2. outlined in brief the factual controversy is as follows:a claim .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-1991
Reported in : AIR1992P& H32
..... , in reality, the government is exercising its executive power in an arbitrary and unreasonable manner, so as to violate the common law. in such cases, though the government is ostensibly acting under the terms of a contract, it can be said, in reality, to be an exercise of the executive power of the state that is being challenged. the second situation ..... citizen is contrary to law and, thus, non est. an action of the state, insisting on the observance of such a term of the contract would, in substance, be an act in the exerciseof its executive or statutory power rather than as a contracting party simpliciter.'12a. in the circumstances here, there can be no escape from the conclusion that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-22-1991
Reported in : AIR1992P& H119
..... the post graduate degree or diploma course was mbbs and, as such, all mbbs qualified doctors ought to be treated at par and the securing of a diploma should not act as a demerit for the purpose of admission to the post graduate courses. he has relied upon state of punjab v. dr. harnek singh medical officer, 1989 (3) slr 802 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-08-1991
Reported in : AIR1991P& H267
..... 'incorrigible' is used as an adjective, it relates to a person who is not capable of correction, amendment, improvement or reform. a person a particular given situation may be held guilty of commission of one of the gravest acts but the punishing authority may still be of the view that such a person is not incorrigible and he ..... also be of the view that such a person cannot be described to be one who is completely unfit for police service. in other words, the gravest act complained of against the police official may not prove incorrigibility and complete unfitness which is mandatory requirement for attracting the applicability of rule 16.2(1). in view ..... .9. adverting to the facts of the instant case, it has remained undisputed before this court that the punishing authority did not record any finding that the act complained of proved incorrigibility and complete unfitness for police service of the plaintiff-respondent. in view thereof this court has no option but to uphold the judgment and .....
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 : Apr-05-1991
Reported in : II(1992)ACC494; 1992ACJ516
..... 'in course of employment' are used conjunctively and not disjunctively. this aspect has been elaborately discussed by me in the case of satyabadi nayak v. damei khilla 1991 act 211 (orissa)- as observed by the privy council in the case of margaret brooker v. thomas borthurick & sons (australasia) ltd. air 1933 pc 225, the ..... by an employer when personal injury is caused or death occasioned out of and in the course of employment. significantly, 'accident' is not defined in the act and therefore, a common parlance meaning has to be adopted. generally, it means an unlocked for mishap or untoward event which is not expected or designed. ..... commissioner and commissioner for workmen's compensation, rourkela (in short 'the commissioner') is questioned in this appeal under section 30 of the workmen's compensation act, 1923 (in short 'the act').2. filtering out the irrelevant, the factual position necessary for disposal of the appeal is as follows:according to the claimant, one md. suvan .....
Tag this Judgment!Court : Orissa
Decided on : Nov-12-1991
Reported in : II(1992)ACC294; 1992ACJ851
..... we find that the insurers were informed to make the intention clear that the comprehensive private car policy covers passengers' liability, the tariff advisory committee decided to amend clause 1(a) of section ii, private car policies by incorporating the following words after the words 'death of or bodily injury to any person' appearing ..... whether a passenger thereon unauthorisedly carried would make the insured and consequentially the insurer vicariously liable. the scope and ambit of liability fastened under section 95 of the act came up for consideration before the supreme court in pushpabai's case, 1977 acj 343 (sc). it was observed as follows (at p. 354):sections 95 ..... manorama bal 1989 acj 265 (orissa). the insurer's stand is that the offending vehicle being a goods vehicle, the driver was not permitted under the act to carry passengers on hire and the insurance policy did not cover them even though they might have sustained injuries. reliance was placed on decisions of several high .....
Tag this Judgment!Court : Orissa
Decided on : Aug-12-1991
Reported in : (1992)99CTR(Ori)184; [1992]193ITR103(Orissa)
..... 1) makes it clear that, in view of the use of the non-obstante clause 'notwithstanding anything to the contrary contained in any other provision of this act', the provisions in section 40a would prevail over other provisions and such provisions, if inconsistent with section 40a, shall have no application.mr. a. k. ray ..... payments not deductible in certain circumstances. - (1) the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other provision of this act relating to the computation of income under the head profits and gains of business or profession....(5) (a) where the assessee -(i) incurs any expenditure which results ..... the income-tax rules ?'correctness of an assessment of a limited company relating to profits and gains of business for the year 1980-81 under the act is the subject-matter of consideration where permissible deduction towards perquisites provided by the assessee to its employees is to be determined.the assessee filed the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-04-1991
Reported in : [1992]193ITR344(Orissa)
..... that the assessee had sufficient funds to make investments and advances out of its own funds and, therefore, the disallowance was improper and the tribunal has acted on surmises by concluding that the assessees investment in and advances made to the subsidiary company were out of borrowed funds. learned counsel for the revenue, however ..... the tribunal having inferred from the factual aspects that the borrowed funds carrying interest were utilised, the disallowance is proper.section 36(1)(iii) of the act provides that, in computing the income chargeable under the head 'profits and gains of business or profession', a deduction shall be allowed of the amounts of ..... assessee. to earn the exemption, the assessee has to establish that his case clearly and squarely fails within the ambit of the exempting provisions of the act. theprinciples equally apply in cases of deductions claimed. therefore, the assessee was required to show that the amounts invested in or advanced to the subsidiary company .....
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 .....
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