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 : May-16-1991
Reported in : I(1993)ACC191
..... factor. if that be so, a cunning employer to tide over liability may offer a temporary employment to the claimant-workman to deprive the latter of his entitlements under the act. that would be against the legislative intent. this court had also occasion to deal with an almost similar case where plea of existing job allotment and non-reduction in ..... as observed by the house of lords in the case of ball v. william hunt and sons ltd. 1912 ac 496, the act regarded a workman only as a wage-earner and was concerned not with any physical pain or suffering or disfigurement to which a workman might be subjected by accident, but ..... question of entitlement of a claimant in case there is no loss of earnings and there is continuance of engagement a reference to section 4(1)(c)(ii)of the act is necessary. the plea of employer that in case of continuance of engagement and non-reduction in earnings compensation is not payable, has not found favour with the courts. .....
Tag this Judgment!Court : Orissa
Decided on : Jul-10-1991
Reported in : 2008(I)OLR729
..... in clauses (a) and (b) of section 57, and(ii) in the case of wills made by any parsi dying after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local limits (ordinary original civil jurisdiction) of the high courts at calcutta, madras and bombay, and where such wills are ..... rejected the prayer of the plaintiff and dismissed the suit. challenging the judgment of the learned district judge refusing to grant the application under section 276 of the act this miscellaneous appeal has been filed.2. the appellant raised various points challenging the said order refusing to probate the will. the advocate for the respondents raised ..... registered in the office of the district sub-registrar, dhenkanal on the same day. after the death of sudarsan, appellant filed an application under section 276 of the act for probate of the will, left by her father which was registered as original suit no. 1/81. in the said suit, widow of late sudarsan was .....
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 : Chennai
Decided on : Aug-12-1991
Reported in : (1992)2MLJ514
..... sections 18-a and 18-b, set forth in chapter iv-a were introduced into the private schools act by the tamil nadu recognised private schools (regulation) act and private colleges (regulation) amendment act, 1982, hereinafter referred to as the amendment act, effective from 1.6.1981. so also, sections 14-a and 14-b, set forth in ..... chapter iii-a, were introduced into the private colleges act by the amendment act, effective from 1.6.1981. by the enforcement of ..... and legitimately the petitioners have come to this court to have a declaration that the provisions could not apply to their educational institutions, as they are patently violative of article 30(1) of the constitution of india. there is no need to strain further over this point, because the answer to this .....
Tag this Judgment!Court : Chennai
Decided on : Dec-31-1991
Reported in : (1992)2MLJ539
..... applies or has at any time applied: provided that where a nomination made whether before or after the commencement of the insurance (amendment) act, 1946, in favour of the person who has insured his life or of his wife and children or any of them is expressed, whether, or not on ..... the same principles as were laid down by the supreme court in sarbati's devi'scase : [1984]1scr992 , should be applied. thereafter, after pointing out the amendment made to the provident fund act, 1925 in the year 1946 by deleting the word 'absolutely' occurring in section 5, and after noticing various conflicting decisions of other high courts, ultimately, the ..... a case arising out of life insurance corporation's provident fund, observed as follows:most of the decisions above referred to arise under the provident fund act and even then subsequent to amendments it has been held that the nominee does not acquire absolute interest in the funds. the provision for nomination is made for the benefit of discharging .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-01-1991
Reported in : AIR1992HP26,[1993]76CompCas858(HP)
..... did not fully understand the case of his client and no representative of his client enlightened him. he did not inform the court that as a result of an amendment of her claim, mt. jamna kuer had intended to claim all the properties, which had admittedly belonged to kunj behari lal. mt. jamna kuer sought to have ..... v.v. bedarkar observed at paragraph 34:'a review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. a mere repetition through different counsel of old and overruled arguments cannot create a ground for ' ..... client, a portion of which had already been decreed, does not serve as an acknowledgement of the said portion within the meaning of section 19 of the hyderabad limitation act.31. it, therefore, appears to us that admissions, concessions and withdrawals by counsel are binding upon the party unless he has been induced or misled by some circumstances .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-30-1991
Reported in : 1991(2)WLN15
..... . thereafter, in the year 1959, the raj. civil services (departmental examination) rules, 1959 came into force. rule 18(1) of these rules relates to exemption which as amended vide notification dated 21.1.84 reads as under:18(1) govt. employee who have attained the age of 45 years on or before 1st january, 1982, are exempted from ..... been promoted w.e.f. december, 1968 as a.en. when he completed ten years as engineering subordinate. the implied reversion of the petitioner from 1.7.67 is patently illegal and as shri biharilal and shri j.k. soni who were juniors to him, were promoted earlier to him, therefore, he is entitled to be promoted as ..... , cannot be allowed to challenge the seniority further observed that any one who feels aggrieved with an administrative decision affecting one's seniority or other's right should act with due diligence and promptitude and not sleep over the matter. their lordships further observed that no cogent ground has been shown as to why the petitioner became .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-1991
Reported in : AIR1992P& H174
ORDER1. The petitioner, a medium scale industry, registered with the Ministry of Industry (Department of Industrial Development) New Delhi was given a certificate by the General Manager, District Industries Centre, Batala (respondent No. 4) on 5-2-1990. The petitioner was held to be eligible 'for exemption from the payment of electricity duty for a period of 5 years from the date if gets electric connection'. On 24-7-1990, without giving the petitioner any opportunity, respondent No. 4 withdrew the exemption certificate given on 5-2-1990. A few days later he recommended the representation of the petitioner vide Annexure P7 inter-alia, observing that the representation be considered sympathetically and favourably. Aggrieved by the withdrawal of the exemption certificate, the petitioner has filed the present petition.2. Briefly, the case as made out in the petition is that the petitioner commenced business as a small scale industry in the year 1979. It claims to have grown to the level o...
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