Court : Orissa
Decided on : Feb-17-1989
Reported in : AIR1989Ori173; 68(1989)CLT65
..... the college is admitted to the privileges of the university. this is why such a college and its principal have been defined in clauses (a) and (d) of section 2 of the delhi university act. even if the office of the principal is not regarded statutory in the sense that, it is created by a statute, it is a public office because the ..... any relief ?5. it is beyond dispute that private colleges which are not receiving grant-in-aid from the state either partially or in full do not come within the definition of 'the state' under article 12 of the constitution of india. there are catena of decisions that employees of these institutions cannot enforce their rights in a writ application when ..... was not maintainable. their lordships held (at p. 63):-'......... .therefore, the society may be the proprietor of the college, but its academic affairs including admission of students and conferment of degrees are regulated by the kakatiya university which is the creature of statute. an associate college of the university cannot be said to be a private body, but a public body ..... . in harijander singh v. selection committee, kakatiya medical college, waranga (air 1975 andh pra 35), a full bench was dealing with the cancellation of admission of a student of kakatiya medical college, which is affiliated to osmania university and it was held that a writ of certiorari can be issued .....Tag this Judgment!
Court : Orissa
Decided on : Sep-18-1989
Reported in : I(1990)ACC563
..... driven a nail has got infected and pus is coming out now. he is neglecting treatment, but he has come. his right knee is now stiff beyond 90 degrees. he is able to walk now with the aid of crutch. it may take one year or more than that to stop the pus formation. for the rest ..... then speeding away towards bhubaneswar. the injured suffered bruises all over his body including face and both his legs were broken. he took the injured to the scb medical college-hospital at cuttack by an ambulance van and while going to cuttack reported the fact at the sadar police station in writing. the only ground on which the ..... income of the injured and held that his loss of earning capacity was to the extent of 90%, drawing analogy from the provisions of the workmen's compensation act under which loss of a leg is taken as 90% loss of the income and also concluded that the injured had effective fifteen years more for earning as ..... discharged him putting his legs under plaster cast. the nail that had been driven into the bone is yet to be removed. he needs not less than rs. 2,000/- for his further treatment. he must be bearing pain since the bone has got infected.... if the pus cells of the bone are removed and the mal- ..... that the ambassador car oro 424 belonging to him was not the car causing the accident and that on the date of the accident the car was at balangir.2. since it is the case of respondent no. 1 that his vehicle oro 424 was not the cause of the accident, it is necessary to examine such plea .....Tag this Judgment!
Court : Orissa
Decided on : Oct-24-1989
Reported in : 1990CriLJ402
..... assaulted the deceased to physically liquidate him. in forming the opinion as to whether the specific case of appellant biswanath will fall within the ambit of section 304, part ii, i.p.c., it is necessary to consider the totality of the facts, circumstances and probabilities of the case and not to make a narrow ..... of the deceased. as a result, he sustained bleeding injuries and was removed first to nischintakoili p.h.c. and then to the s.c.b. medical college hospital, cuttack, for better treatment where he succumbed to the injuries. his evidence has been corroborated by the other injured witnesses who stated that not ..... deceased by means of a sharp cutting weapon, such as, a spade (m.o. i) the death of the deceased was caused. p.w. 17, a medical officer of nischintakoili p.h.c. had examined p.ws. 1 and 7 and found bruises, lacerated injuries and abrasions, which were of simple nature on their ..... west of the house of the above prosecution witnesses. the independent witnesses who belonged to the same village are p.ws. 8, 9, 10 and 11. two medical officers (p.ws. 17 and 19) had examined the injured prosecution witnesses and the deceased. p.w. 20 had conducted his postmortem examination. the learned additional ..... by the spade, he received severe injuries. he was removed to nischintakeili p.h.c. and for better treatment he was later brought to the s.c.b. medical college hospital where he succumbed to the injuries. one of the brothers of p.w. i, namely, madhusudan naik (p.w. 5) lodged the f.i. .....Tag this Judgment!
Court : Orissa
Decided on : Nov-29-1989
Reported in : 69(1990)CLT427; 1990CriLJ817
..... the cause of the injuries. he called other villagers and took the deceased first to the bhadrak government hospital and then to the s.c.b. medical college hospital, cuttack, for better treatment. the death of the deceased took place 5 to 6 days later. in cross-examination he stated that the ..... wounds could be caused by a sharp cutting weapon. p.w. 11, a demonstrator in the department of p.m. & t. of s.c.b. medical college, cuttack, held the post-mortem examination of the deceased on 19-8-85 and found a large number of wounds which were stitched. according to his ..... husband, the deceased, by means of katari. the contention requires careful examination with reference to the evidence on record.5. p.w. 12 was the medical officer of bhadrak government hospital. he examined the deceased who was in an injured condition on 13-8-85 at 11.30 p.m. and found ..... came with other neighbours and removed the deceased, who was alive, to bhadrak government hospital where he was treated and was subsequently removed to s.c.b. medical college hospital, cuttack for better treatment. the deceased, however, did not survive and breathed his last. p.w. 1 lodged the fir (ext. 1) ..... j.1. the appellant has assailed the judgment passed by the learned additional sessions judge, balasore convicting him for an offence under section 302 i.p.c. and passing the sentence of imprisonment for life.2. the appellant jadu, deceased madhu and p.w. 1, kailash were the three brothers living at village nachhipur within bhadrak .....Tag this Judgment!
Court : Orissa
Decided on : Nov-03-1989
Reported in : II(1990)DMC64
..... nayak clearly goes to show his relationship with the petitioner (opp. party) manjukta nayak. it has also been clearly mentioned in the certificate granted by the medical officer, e.s.i. hospital, choudwar that manjukta nayak is the wife of the petitioner (opp. party) rabindranath nayak. for the time being these documents are sufficient for a prima ..... both sides and on perusal of the materials on record and the impugned order, i find that the lower court has taken into consideration the discharge certificate granted by the medical officer, esi hospital, choudwar and a letter written by the opp. party (petitioner) to the father of the petitioner (opp. party). the letter written by the opp. party (petitioner) rabindranath ..... -divisional judicial magistrate, jagatsinghpur in misc. case no. 15 of 1987 allowing interim maintenance @ rs. 150/- per month in favour of the petitioner-manjukta nayak (opp. party in this case).2. the petitioner (opp. party) claims that she is the legally married wife of the opp. party (petitioner) rabindranath nayak and their marriage was solemnised in the year 1978 and on .....Tag this Judgment!
Court : Orissa
Decided on : Sep-08-1989
Reported in : (1992)ILLJ397Ori
..... , etc. on the face of it none of them seems to be a worker in the factories. yet it is for consideration if they are workmen within the definition of section 2(s) of the act, according to which, 'workmen' means, any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work. therefore, broadly speaking, all the ..... far as it is relevant to the case, is quoted below:-'25l. definitions - for the purpose of this chapter - (a) 'industrial establishment' means - (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948);' section 2(m) of the factories act is also quoted below:-'2. interpretation - in this act, unless there is anything repugnant in the subject or context, -xx ..... an industry, are workmen within the definition of section 2(s) doing manual, technical, operational, clerical and supervisory work. for instance, the drivers do either technical skilled or operational work, the station masters and traffic inspectors do supervisory work and the rest, such as, the audit clerks, lower division clerks, etc. do clerical work. section 25n of the act is applicable when there has been .....Tag this Judgment!
Court : Orissa
Decided on : Dec-01-1989
Reported in : 1990CriLJ1075
..... a decision reported in 1985 cri. lj 1270 (him pra) (supra), it has been observed (at pp. 1272-73 of cri lj):'sub-section (2) of section 13 of the act does confer a valuable right on the accused. he may make an application to the court within a period of ten days from the receipt of ..... no question can arise of his certificate becoming final and conclusive evidence of the report contained in it.there can be no doubt that sub-section (2) of section 13 of the act confers a right on the accused vendor to have the sample given to him examined by the director of the central food laboratory and to ..... one part is to be sent to the public analyst for analysis and the remaining 2 parts are to be sent to the local (health) authority for the purpose of sub-sections (2-a) and (2-b) of section 13 of the act.as per sub-section (2-a), the court may be required to send one part of the sample kept ..... there is proof of prejudice in addition to non-compliance of the provisions, there is no scope to invalidate the act complained of.even if a literal construction is made, the second part of sub-section (2-a) cannot be said to be mandatory. it imposes duty on the local (health) authority to forward a part ..... 5 days, however, is not designed to prescribe a period of limitation with painful consequence, if the act is not done within that period. in this view of the matter also, the second part of sub-section (2-a) of section 13 must be held to be directory.10. from the facts stated in the preceding paragraphs, it .....Tag this Judgment!
Court : Orissa
Decided on : Nov-01-1989
Reported in : II(1989)ACC574
..... of the civil courts was ousted by insertion of section 110-f of the motor vehicles act with respect to claims arising out of an accident by a motor vehicle with effect from 16 2-1957. when the parliament, in its wisdom, inserted section 110-aa, it definitely intended that a person who is entitled to ..... settled that for the death of or bodily injury to any person, claim for compensation may be adjudicated under the motor vehicles act as well as the workmen's compensation act. while inserting section 110-a a, the parliament was aware of the existing law. therefore, when a new forum is created, it must ..... 1972 acj 187 (orissa), where also the driver of the truck had died in an accident and a claim petition was filed under section 110-a of the motor vehicles act before the claims tribunal. while answering the question as to whether the liability of the insurance company had ceased when a claim was ..... orissa co-operative insurance society ltd. v. sarat chandra champati 1975 acj 106 (orissa), apart from being prior to the insertion of section 110-aa in the motor vehicles act, were deciding the question of the liability of the insurer. the point in issue in the present case did not arise there for ..... be was directed to take that very bus. unfortunately, the bus met with an accident near a bridge, where there was a stiff curve of 90 degrees as it went beyond the control due to the defective brake. as a result of the accident, the respondent suffered various injuries including two fractures, one .....Tag this Judgment!
Court : Orissa
Decided on : Jun-23-1989
Reported in : 1990ACJ288; 68(1989)CLT612
..... of whom the liability of the insurer is clearly limited by the legislature. pedestrian is not such a person in respect of whom liability has been limited under section 95(2)(b)(i) of the act. therefore, i am inclined to hold that claimants in respect of an accident caused by a vehicle in which passengers are carried are entitled to get the ..... in respect of other categories of persons moving in the vehicle compensation as quantified is fixed. language of sub-section (2) being one for limiting the broad liability of insurers in sub-section (1), is to be rigidly construed. accordingly, the benevolent provision in section 95 to facilitate the claimants to get their compensation conveniently from the insurer is to be construed in a ..... college hospital at cuttack for treatment where he succumbed to the injuries on 21.3.1986. alleging that the death was on account of negligent driving of the vehicle, widow, three minor children and parents filed an application under section 110-a of the act claiming compensation of rs. 1,50,000/-. owner ..... act').2. on 20th march, 1986 at about 8 a.m. deceased was proceeding towards garadapur on salipur-pattamundai road on a bicycle. between kalinga and kulia, a bus bearing registration no. oru 8115, in which passengers are carried, dashed against the deceased from behind causing severe injuries. he was removed to the hospital at salipur and then to s.c.b. medical .....Tag this Judgment!
Court : Orissa
Decided on : May-10-1989
Reported in : 1990ACJ631; AIR1990Ori74
..... hard and fast rule can be laid down that the deceased employed in a service which has the opportunities of promotion is to be promoted definitely or in all probabilities. events which are almost certain to happen in future can be taken into consideration, if materials are available on ..... -consideration of earlier decision of the division bench in 1973 acc cj 319 (supra).22. while considering to determine the compensation under section 110b of the act, the tribunal or the high court in appeal is not to consider the amount which would be more than the just compensation. ..... f. 1-4-78 for recurring depositssd- savings account without cheque facility.notes:1.interest compounded monthly from 23-7-74 to 28-2-78.2.interest compounded quarterly with effect from 1-3-78.3.unless otherwise stated the rates of interest mentioned above are those applicable to domestic ..... re-investmentdeposits is compounded interest at permissible rate instead of simple interest.8.advances against term deposits are considered margin- 25 per cent interest- 2 per cent over deposits rate (for deposit for himself) for the purpose of determination of margin deposits includes principal and interest accrued in ..... after determining the compensation taking into account the annual loss of dependency multiplied by the estimated span of life and making necessary deduction therefrom; (ii) the multiplier system, the system of recent origin where the calculation is made on the basis of the annual loss for dependency multiplied by .....Tag this Judgment!