ORIGINAL JURISDICTION - Orissa High Court

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140 certain amount of latitude is permissible where State and its functionaries are litigants before the Court, but that does not mean that when no sufficient cause has been shown and no plausible explanation has been given for the inordinate delay in approaching the Court, the so-called liberal attitude should be taken in all cases, where the State Government is the appellant. The casual and careless approach of the State and its functionaries is evident from the fact that the appeal (FAO No.146 of 2006) against the judgment of the State Education Tribunal was filed after a delay of 376 days and the same having been dismissed for non-compliance of peremptory order, the present restoration application has been filed after a delay of 282 days. It is settled law that time-barred cases should not be entertained by Courts as the rights which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a P.S TO GOVT. OF ORISSA .-V- M.C. OF J .HIGH SCHOOL reasonable explanation for the delay. The vested rights of the parties should not be disrupted at the instance of a person who is guilty of culpable egligence. – (See R.S.Deodhar V. State of Maharashtra, AIR 1974 SC 259; and K.R.Mudgal V. R.P.Singh, AIR 1986 SC 2086). Applying the principles of law, as discussed above, to the facts of the present case and considering the grounds taken in the present application, I find no sufficient and bona fide cause to condone the inordinate delay in filing the restoration application. This application for condonation of delay is rejected. Misc.Case is accordingly dismissed. CMAPL NO.320 OF 2009. In view of the rejection of the application for condonation of delay, this CMAPL is dismissed on the ground of limitation.
2010 ( I ) ILR-CUT- 396 141 B.K.PATEL,J. SMT. TULASI SAHUKAR -V- NEW INDIAN ASSURANCE COMPANY LTD.& ORS.* FEBRUARY 2, 2010. MOTOR VEHICLES ACT, 1988 (ACT NO. 59 OF 1988) – SEC.157. Insurance Policy – While in force owner expired and the offending vehicle met with an accident – Policy not cancelled – Ownership of the vehicle transferred in the name of the appellant during subsistence of the said policy – Policy issued infavour of the previous owner is deemed to have been transferred infavour of the present owner – Impugned award directing owner to pay compensation is set aside – Held no scope for the Insurance Company to avoid the statutory liability towards third party claims but to pay compensation with interest and cost to the claimants. (Para 21,22 Case laws Referred to : 1.1972 ACJ 13 : (Hindustan General Ins. Society Ltd.-V-Kausalya Rani Das & Anr.) 2.1998 (1) TAC. 615 (SC) : ( Oriental Insurance Co.Ltd.-V-Inderjit Kaur & Ors.). 3.1976 CLT 1283 : ( Cuttack Municipality -V-Shyamsundar Behera) 4.2002 (3) TAC 663 (Mad.) : ( New India Assurance Co.Ltd. -V-Kaliathal & Ors.). 5.1999(3) TAC 831 (Guj.) : ( United India Insurance Co.Ltd.-V- Mohanlal Nandiram & Ors.) 6.2003(2) TAC.22 (SC) : (Rikhi Ram & Anr.-V- Sukhrania & Ors.). 7.1985 CRI.L.J. 951 : (V.Parakashan -V-Pankajakshan & Anr.). 8.1992 CRI.L.R. 2476 : (Virendrakumar J.Handa -V-Dilawarkhan Alij Khan & Ors.).
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2010 ( I ) ILR-CUT- 271 I.M.QUDDUSI
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SK.IBRAHIM -V- STATE OF ORISSA [B.K
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2010 ( I ) ILR-CUT- 275 I.M.QUDDUSI
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MIRJA SIDDIK -V- STATE OF ORISSA ju
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23 DILIP KUMAR RAY -V- STATE OF ORI
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2010 ( I ) ILR-CUT- 285 B.P.DAS,J &
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NITYANANDA BEHERA -V- STATE [S.C.PA
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2010 ( I ) ILR-CUT- 289 B.P.DAS,J &
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ANUPAMA BEHERA -V- D.M., LIC OF IND
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ANUPAMA BEHERA -V- D.M., LIC OF IND
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39 13. In the case of P. J. Chacko
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2010 ( I ) ILR-CUT- 297 L.MOHAPATRA
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43 Court in the case of M/s. Thunga
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45 and (c) on account of some mista
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“ The High Court held that the re
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49 Deputy Superintendent of Police.
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The copy of the Station Diary dt.24
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53 accordingly, investigation was t
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55 lying dead with ligature mark on
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11.40(1974) CLT.977 : (Sahadeb Patn
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comparative statement showing perfo
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61 construed according to the plain
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63 11. This Court in Sahadeb Pattna
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ules and regulations h) Ability to
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INDIAN LAW REPORTS, CUTTACK SERIES
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2010 ( I ) ILR-CUT- 328 A.S.NAIDU,J
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2010 ( I ) ILR-CUT- 332 PRADIP MOHA
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Page 81 and 82: 95 hearing the appeal set aside the
Page 83 and 84: 97 and the parties to the lease are
Page 85 and 86: 2010 ( I ) ILR-CUT- 354 R.N.BISWAL,
Page 87 and 88: 101 cargo, which was unfit for ship
Page 89 and 90: 103 This Section stipulates that ap
Page 91 and 92: 105 Sub-section (2) of Section 7 of
Page 93 and 94: 107 further, in the meantime also t
Page 95 and 96: 109 “…… The High Court was of
Page 97 and 98: 111 learned Subordinate Judge on th
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Page 101 and 102: 115 OLR 791 (Sk. Mustafa and anothe
Page 103 and 104: 2010 ( I ) ILR-CUT- 372 SANJU PANDA
Page 105 and 106: 119 Rs. 71,74,451/- for repair of t
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Page 109 and 110: 123 already quoted and the aforesai
Page 111 and 112: 125 offending truck. The further ca
Page 113 and 114: 2010 ( I ) ILR-CUT- 382 B.P.RAY,J.
Page 115 and 116: 129 to any person, or to consent th
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Page 119 and 120: 133 testimony of the victim in a ca
Page 121 and 122: 135 relationship of the appellant w
Page 123 and 124: 137 Officer,Bangalore). 3.AIR 1996
Page 125: 139 restored, only to avoid the ord
Page 129 and 130: 143 4.12.1997. The vehicle was insu
Page 131 and 132: 145 vehicle and insurance policy tr
Page 133 and 134: 147 place from the date of sale whe
Page 135 and 136: 149 deemed to have issued to the in
Page 137 and 138: 151 6. On an analysis of Sections 9
Page 139 and 140: 153 the policy purports to cover in
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Page 143 and 144: 157 “….. The decision in the ca
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Page 147 and 148: 161 the imposition of fine of Rs.50
Page 149 and 150: 163 overtuous regarding sex. Theref
Page 151 and 152: 165 6. The learned trial court, aft
Page 153 and 154: 167 The Opposite parties 2 to 11 ar
Page 155 and 156: 169 3. It is undisputed at this sta
Page 157: shall dispose of the application on
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ORIGINAL JURISDICTION - Orissa High Court

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