Court : Orissa
Decided on : Jun-18-2004
Reported in : I(2005)ACC36; 2006ACJ475; 98(2004)CLT280
..... when the accident took place and not all possible work that a human being undertakes.10. partial disablement has been defined under section 2(1)(g) of the act to mean where disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment ..... than what is specified in the schedule. so far as the cases where the injuries are not specified in the schedule, sub-section (ii) was inserted by amending act 22 of 1984, which contemplates that in case of injuries not specified in the schedule, such percentage of compensation payable in case ..... at 90% by the commissioner are not sustainable in law, since the injuries sustained are non-schedule and as per section 4(1)(c)(ii), of the w.c. act, a medical practitioner has to assess the loss of earning capacity of the injured-claimant. the finding of the commissioner as to the ..... capable of undertaking at that time; provided that every injury specified in part-ii of scheme-i shall be deemed to result in permanent partial disablement. in such view of the matter, the stipulation in the definition of total disablement that the disablement has incapacitate a workman for all work which ..... act to mean such disablement, whether of a temporary or permanent . nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement.9. according to the learned counsel for the appellant-insurer, the words 'all work' as applied in the definition .....Tag this Judgment!
Court : Orissa
Decided on : Mar-16-2004
Reported in : 2004(I)OLR500
..... hand, submitted that the victim's statement is consistent with regard to commission of offence under section 376 of the penal code and there is corroboration from other source. therefore, in absence of any corroboration from the medical evidence also, the conviction can be sustained. 4. keeping in mind the contention of the learned ..... . the door was closed from inside. while she was sleeping, she felt somebody squeezing her breasts and got up. she found the petitioner doing such act and protested. thereafter the petitioner requested her for sexual intercourse and when she denied and tried to raise hulla, the petitioner pressed her mouth by his hands ..... rape. ext. 6 is the report of the doctor, p.w. 10. her findings are as follows: 1. the girl is about 18 years of age. 2. vaginal fluid does not reveal any spermatozoa. 3. no mark of violence on her body. 4. no foreign hair either on her body or on the pubic ..... the morning. at about 11.00 a.m. the victim after finishing her meal was taking rest along with her younger brother aged about 1 1/2 years by bolting the entrance door from inside. while the victim was asleep, she felt somebody's hand on her chest and found the petitioner sitting ..... l. mohapatra, j. 1. the petitioner having been convicted for commission of offences under sections 451 and 376 of the penal code has preferred this revision challenging the order of conviction and sentence. 2. the case of the prosecution is that on 24.5.1993 the parents of the victim had been to nowrangpur .....Tag this Judgment!
Court : Orissa
Decided on : Jun-21-2004
Reported in : 98(2004)CLT584
..... 3.7.2003 be modified and the state government be permitted to take recourse to the provisions of the land acquisition act including section 17 thereof for acquiring the required under the said act for widening the road upto 18.0 meters.11. mr. pal, learned counsel for the writ petitioners, on the ..... in possession of the land for more than 50 years and is having a clinic on the said land and is serving the people as a medical practitioner. by order dated 8.4.2003 passed in the said two misc. cases, the prayers for intervention in the said two misc. cases ..... the civil courts have already passed restraint orders not to proceed with the eviction proceedings under the provisions of the ople act. statements showing the civil suits in different courts and the nature of the orders/decrees passed by the civil courts have been annexed to the ..... cabins constructed on the encroached plots and the tahsildar has already initiated eviction proceedings under the provisions of the orissa prevention of land encroachment act (for short, 'the ople act'). in the said counter-affidavit, the tahsildar, salipur has also stated that a large number of encroachers have approached civil courts and ..... court. opp. parties 1, 2 and 3 have therefore prayed for modification of the order dated 3,7.2003 so as to permit the authorities to take recourse to the provisions of section 17 of the land acquisition act and to acquire the required land under the said act for widening the road upto 18 .....Tag this Judgment!
Court : Orissa
Decided on : Jan-30-2004
Reported in : III(2004)ACC283; 97(2004)CLT674; 2004(I)OLR329
..... the appellants in m.a.c.a. no. 449 of 2003.2. the short facts leading to the claim made by the claimants under section 166 of the motor vehicles act, 1988 (hereinafter referred to as the 'act') are that on 17.7.1992 at about 2 p.m. when the deceased ramesh chandra mohanty was waiting near ..... him. as a consequence of such dashing, the deceased sustained serious head injury. he was shifted to kendrapara hospital initially and then to s.c.b. medical college hospital, cuttack, where he succumbed to the said injury after about 18 days. it was the further case of the claimants that deceased ramesh was about ..... 23 years of age at the time of death and was preparing to take admission for prosecuting higher studies after completing his bachelors degree in arts from paradeep college. the owner of the truck who is respondent no. 3 in m.a.c.a. no. 385 of 2003 and respondent ..... birth was 25.4.1969. hence, on the date of his death he was aged about 23 years. applying the second schedule as given in the act under section 163-a the multiplier should have been 17 instead of 15, as applied by the learned tribunal below.9. mr. roy on behalf of the insurer ..... sustained. law is now well settled that the multiplier method stands accepted for arriving at the quantum of compensation to be awarded on an application under section 166 of the act [air 1994 sc 1631, general manager, kerala road transport corporation v. sushma thomas may be referred to].11. judging the present case in the .....Tag this Judgment!
Court : Orissa
Decided on : May-15-2004
Reported in : 98(2004)CLT234
..... the decision of the opposite parties in fixing 31st december, 2003 as the cut off date as eligibility for entrance test for post graduate medical course, 2004, they having completed internship after passing m. b. b. s. degree sometime in january, 2004, certificate for which is expected to be issued by 31st of march, 2004, as illegal, arbitrary and without any nexus ..... of the aforesaid judgment appears to have formulated the policy and issued an advertisement in the daily newspaper for the present common entrance test for admission to the post graduate medical courses, 2004 and issued the prospectus for the same. the advertisement envisaged that the candidates who had submitted their applications and had received acknowledgment as per the earlier advertisement dated ..... doctors being told in advance and knowing that by rendering service in rural/tribal areas they can capture better prospects of earning higher professional qualifications, and consequently eligibility for promotion, acts as a motivating factor and provides incentive to young in-service doctors to opt for service in rural/tribal areas. in the set up of health services in the state ..... one who at the time of application :6.1.1 holds a degree from a-medical college recognized by the m. c. i. and has completed one year of compulsory rotating housemanship/internship in a hospital recognized by medical council of india for the purpose by 31st december, 2003.6.1.2 is serving in defence service but posted in orissa. he/ she must .....Tag this Judgment!
Court : Orissa
Decided on : Oct-16-2004
Reported in : 99(2005)CLT27; [2005(104)FLR952]
..... in the better ear in the conversational range of frequencies'. sub-section (t) of section 2 also defines 'person with disability' to mean 'a person suffering from not less than forty percent of any disability as certified by a medical authority'. here is a case where the petitioner can safely be treated as a person with disability ..... provisions placed by the parties, let me see whether the provisions of the 1995 act in any manner come to the help of the petitioner.7. under sub-section (i) of section 2 of the 1995 act, 'disability' has been defined, inter alia, to mean 'hearing impairment'. in sub- section (1) of section 2 'hearing impairment' has been defined to mean 'loss of sixty decibels or more ..... under the provisions of the 1995 act as per the certificate in annexure-2 issued by the competent authority ..... the central government should be made for rehabilitation of physically handicapped persons of the above categories. the categorization of physically handicapped persons for employment will be on the basis of definition as per annexure-i.*** *** *** the aforesaid resolution defines 'deaf as follows :'the deafthe deaf are those in whom the sense of hearing is non-functional for ordinary purposes .....Tag this Judgment!
Court : Orissa
Decided on : Apr-19-2004
Reported in : 98(2004)CLT46; [2004(102)FLR705]; (2004)IIILLJ437Ori
..... , and f' in the memorandum of appeal. substantially the points of law raised in the said grounds are that, as the respondent-employee is not covered under the definition given in section 2(9) of the act read with rule 50 of the e.s.i. (central) rules, 1950, the claim of the employee should have been rejected and that the e.i. court ..... i find that the learned e.i. court after taking into consideration all the points raised by the appellant - corporation dismissed the appeal, confirming the order of the medical appeal tribunal. section 82 of the act provides for an appeal to this court from an order of the e.i. court, only if, it involves a substantial question of law. the present appeal ..... that the said cases arose out of judgments of the e.i. court passed in appeals under section 54-a(2) of the act where the percentage of the disablement suffered by the employee, due to the accident in course of employment, as determined by the medical appeal tribunal, was under challenge.7. in the present case, however, on examining the records of the ..... employee until the end of that period'9. the learned e.i. court while dealing with the above question raised by the appellant found that the reasoning given by the medical appeal tribunal is justified, as the wage was inclusive of other benefits including bonus and also fluctuates from month to month. though i find that the reasoning given by the .....Tag this Judgment!
Court : Orissa
Decided on : Sep-22-2004
Reported in : I(2005)ACC174; 2006ACJ1048; 98(2004)CLT618; [2005(104)FLR626]
..... that the persons excluded from definition are those whose employment is not only of casual nature, but who are employed otherwise than for the purpose ..... the owner had definite control over the deceased. he was driving the vehicle on the direction of the owner of the vehicle, may be, he was employed for a day only. his engagement for one day will not throw him out of the definition of workman under section 2(n) of the wc act. section 2(n) further postulates ..... the deceased was admitted by the owner, i have no hesitation to hold that the deceased in the present case comes under the definition of 'workman' as given in the act.9. with regard to the question as to whether bhatia/food allowance should be included in the wage of a workman for ..... 2462 the presumption under law is that he was employed for the trade and business of the employer and thus squarely comes under the definition of 'workmen' as given in the act. he relies on the decision of this court in the case of the new india assurance co. ltd. v. mohan kumar sahoo ..... legs of the deceased. as a consequence he sustained compound fractures of the legs, ribs, waste and other injuries and was admitted to the scb medical and hospital at cuttack where he expired on 12.11.2000. the claimants stated in their application that at the time of accident the deceased was .....Tag this Judgment!
Court : Orissa
Decided on : Jul-20-2004
Reported in : 2004CriLJ4003
..... only by, or under the supervision of, a female registered medical practitioner. explanation.--in this section and in section 54, 'registered medical practitioner means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the indian medical council act. 1956 (102 of 1956) and whose name has been entered in a state medical register.173 report of police officer on completion of investigation ..... investigation. 'investigation' has been defined in section 2(h) of the cr. p.c. in the following terms : '2(h). 'investigation' includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorized by a magistrate in this behalf:' this definition includes all the proceedings under the code ..... for the collection of evidence by a police officer who after completion, of investigation is expected to submit a report under section 173 of the code. sub-section (8) of section 173 was introduced in the criminal procedure code in 1974 and the true import of .....Tag this Judgment!
Court : Orissa
Decided on : Oct-16-2004
Reported in : 98(2004)CLT716; [2005(104)FLR516]
..... or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.'sub-section(s) of section 2 of the 1995 act defines 'notification to mean 'a notification published in the official gazette.'nothing was brought to the notice of this court that any notification issued by the ..... underthe central government should be made for rehabilitation of physically handicapped persons of the above categories. the categorization of physically handicapped persons for employment will be on the basis of definition as per annexure-i.*** *** ***'the resolution in annexure-4 defines 'blind' as follows :'the blind:the blind are those who suffer from either of the following conditions :(a ..... visual acquity not exceeding 6/60 or 20/200 (annellan) in the better eye with correcting lenses.(c) limitation of the field of vision substanding an angle of 20 degrees or worse.'the aforesaid resolution, annexure-4 categorizes the 'job in groups class iii and class iv posts and services suitable for the physically handicapped'. so far as blind ..... .(b) visual acquity not exceeding 6/60 or 20/200 (annellan) in the better eye with correcting lenses.(c) limitation of the field of vision substanding at angle of 20 degrees or worse.(b) deaf: *** *** *** (c) orthopaedically handicapped :(d) speech defective : *** ***.'it is stated that in the said resolution under paragraph 12 certain concessions were allowed to the .....Tag this Judgment!