Court : Orissa
Reported in : 2001ACJ1874; AIR2000Ori13
..... as 'deceased') having died due to electrocution, this writ application has been filed for a direction to the grid corporation of orissa (in short, the ('corporation') for payment of compensation to his legal heirs. according to petitioners, narayan died on account of negligence of the grid corporation of orissa (o. party no. 1). proper care ..... is, as pointed out, that he should establish his case by preponderance of probabilities. this he will normally have to do by proving that the other party acted carelessly. such evidence is not always forthcoming. it is possible, however, in certain cases for him to reply on the mere fact that something happened as ..... like. but every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening. an act of god provides no excuse, unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence having regard to the conditions .....
Tag this Judgment!Court : Orissa
Reported in : 1999ACJ440; 85(1998)CLT529
..... in the name of petitioner and the balance amount shall be paid to the petitioner on being identified by any of the learned counsel appearing for him. the payment of the aforesaid amount of rs. 40,000 shall be made within three months from today and after the same is deposited the fixed deposit and ..... bores and the like. but every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening. an act of god provides no excuse, unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence, having regard to the conditions of time ..... need not enter into any contract with any one but if it does so, it must do so fairly without discrimination and without unfair procedure.10. the expression of 'act of god' signifies the operation of natural forces free from human intervention, such as lightning. it may be thought to include such unexpected occurrences of nature as severe gale, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori116
..... can be easily supplied and there is no reason think that the arbitration will be infractuous at all. if the particular officer sanctioning thecontracts refuses to act or is incapable ofdoing so by reason of his absence or otherwisethere are provisions in the indian arbitrationact for the appointment of another arbitratorin his place and ..... clause in the present case did not indicate the negative intention of net supplying the vacancy in the event the appointed arbitrator neglects or refuses to act or is incapable of acting or dies and, therefore, section 8(1)(b) would apply, but in course of arguments fairly states that the agreement, more particularly clause ..... subordinate judge for removal of the arbitrator and for appointment of fresh arbitrator, invoking the jurisdiction of the subordinate judge, bolangir under section 8 of the arbitration act. that application had been registered as title suit no. 5 of 1975 in the court of the subordinate judge, bolangir and later on was transferred to .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT56; 2009(I)OLR428
..... no. 209/83 before the then subordinate judge (now civil judge, senior division), bhubaneswar under section 13 of the hindu marriage act seeking divorce. during pendency of the suit though the said court had directed payment of interim maintenance of rs. 300.00 to soubhagini, ultimately the suit was dismissed on 31st october, 1987. being aggrieved by ..... on paying the current maintenance to soubhagini at the rate of rs. 1,000.00 per month besides rs. 1,000.00 towards her arrear maintenance and such payment to be paid within 1st week of the succeeding month, failing which the executing proceeding initiated before the trial court would proceed9. mr. misra, learned counsel ..... maintenance, both regular as well as arrear.13. according to mr. rao, learned counsel appearing for appellant upendra, if the direction of the trial court for payment of interim maintenance was not complied, after the decree was passed in the suit it was open to the soubhagini to take steps for its realisation through the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori149
..... its amendment which is the relevant provision for deciding the dispute for the period in question. further under the act, the rate charged is on the basis of consumption, whereas the delayed payment surcharge is for default in payment of the rate charged. therefore, both cannot have the same concept. consequently, since duty is leviable only on ..... board is within the ambit of surcharge defined in section 2(g)(v) of the orissa electricity (duty) act. in this view of the matter, it is contended that the duty levied and collected on delayed payment surcharge is within the competence and authority of the state government and, therefore, there has been no infirmity in ..... as declaring the express intentions of the legislature .....'if section 3 of the orissa electricity (duty) act, 1961 is construed bearing in mind the aforesaid rules of construction and in view of our conclusion that the delayed payment surcharge is not the rate charged but is in the nature of an interest paid as compensation, .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR264
..... used for or in the diagnosis, treatment, , mitigation or prevediion of disease in human beings or animals. after amendment made in section 3(b) of the drugs 'act by amendment act of 1984, the expression ''drug' iucludes also the medicines and substances which are either used or are prepared in accordance with the ayurvedic or unani system of medicine. ..... of apex court which has no application to the facts of the case as it related to the position prior to amendment of section 3(b) of the drugs act by act 13 of 1964 at that point of time, in clause (b) unani medicines were specifically excluded from definition of medicines, drugs. it is submitied that before manufacturing ..... at hand, it is necessary to extract the same, it reads as follows :'37. drugs as defined in clause (b) of section 3 of the drugs and cosmetic act, 1940 (act 3 of 1940) and ayurvedic, homoeopathic and unani medicines-four per cent 'according to the assessing officer with effect from 21-4-1993 in terms of notification no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... that the charging sections, namely, sections 49, 50, 51 and 24 are ultra vires.31. the main attack is against section 49 of the act which enjoins on maths and temples payment of a contribution for meeting the expenses of the commissioner and his staff. the contribution is on a basis of percentage of the annual income of ..... large supervisory and administrative powers over the endowments and by providing the funds for his functioning by means of section 49 of the act, and by providing compulsory audit under section 21 and also providing for the payment of the auditor under section 24. it is, therefore, argued that if the charging sections, i. e., sections 49 and ..... . 49) was passed by the parliament as ataxing bill, because, though it provided for theissue of licenses on payment of fees (section 5 (a))the charges for the fees were very high andmoreover the fees levied under that act werepayable into the exchequer (section 16) (see p. 749 of may's parliamentary practice, 14th edition.)the house .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori378
..... is the same interest that is conferred upon her.' therefore, giving the language its plain meaning, the property taken by her must be held to be liable for the payment of her husband's debts and is liable to be attached by the plaintiff.'it is abundantly clear from the above that liability to her husband's debts of the ..... affected as they or any one of them shall represent the subsequently deceased coparcener at the partition. the ambiguity, if any, being common to the cases of pre-act and post-act widows, its determination is not material for testing the correctness of either of the rival contentions.57. i would just point out an instance which would testify to the ..... it is the language of the statute that must govern and there is no warrant for any construction which cannot reasonably be deduced from a fair construction of the act. the act is merely one 'to give better rights to women' as the preamble shows. but it is not clear what particular class of women are intended to be benefited .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... about the need for a detailed investigation to find out the extent of culpability, inter alia, because of the very large number of entries relating to payments made to different 'government functionaries, police-stations, out-posts and similar other government establishments'.89. in this connection shri patnaik in his written submission no ..... the 'enormity of the consequences' calls for recalling our direction and secondly 'the vital error' which crept into the judgment would show that this court acted without jurisdiction.39. let us first see what consequences really follow from our direction. according to shri patnaik, if this court could direct the state ..... majority, therefore, felt that the direction given by the earlier constitution bench needed to be recalled, because the maxim 'actus curiae neminem gravabit' (meaning an act of the court shall prejudice no man) required rectification of the injustice, as otherwise injustice noticed would have remained for ever as a blot on justice. .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT755; 1992(40)ECC244; 1992(61)ELT256(Ori)
..... an exemption granted by it earlier if such withdrawal could be done without offending the rule of promissory estoppel and depriving an industry entitled to claim exemption from payment of tax under the said rule....'in view of our discussions on the question of law and following the ratio in m.p. sugar mills case ( ..... consider as to whether the plea of promissory estoppel is available when government in exercise of its power to frame subordinate legislation makes a representation but thereafter acts contrary to the representation. after discussing a catena of case-laws and relying upon the decisions in m.p. sugar mills case and godfrey philips india ..... held to it. if the legislature disapproves, it can enact legislation nullifying the representation. if the equities have changed and the public good demands that government should act contrary to the terms of its representation, the courts will not require the government to honour its representation; but, subject to that, it must.'the division .....
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