ORIGINAL JURISDICTION - Orissa High Court

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154 9. We may note in this connection the following passage in the case of Montreal Street Railway Company v. Normandin, AIR 1917 Privy Council 142 : “When the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object of the Legislature, it has been the practice to hold such provisions to be directory only, the neglect of them, though punishable, not affecting the validity of the acts done.”” 21. Such being the legal dispensation under the M.V. Act, there is absolutely no scope for the Insurance Company to avoid the statutory liability towards third-party claimants. I am in respectful disagreement with any other interpretation of the statutory provisions and their implications which learned counsel for the Insurance Company seeks to assign by placing reliance on the decisions in New India Assurance Co. Ltd. –vrs.- Kaliathal SMT. TULASI SAHUKAR -V- NEW INDIA ASSURANCE [B.K.PATEL,J.] and others (supra) and in United India Insurance Co. Ltd. –vrs.- Mohanlal Nandiram and others (supra). 22. In view of the above, the impugned award directing the owner to pay the compensation amount is not sustainable in law. Therefore, the impugned award is set aside and it is held that the Insurance Company is liable to pay the compensation amount with interest and cost as awarded to the claimants. 23. Accordingly, the appeal is allowed. The Insurance Company is directed to deposit with the Tribunal the award amount with interest and cost within two months. On such deposit the learned Tribunal shall deposit and disburse the amount among the claimants in the same proportion as directed in the impugned award. Parties shall bear their own cost. Appeal allowed.
2010 ( I ) ILR-CUT- 410 B.K.NAYAK, J. NIRANJAN SAHOO -V- STATE OF ORISSA.* JANUARY 19,2010. 155 CRIMINAL PROCEDURE CODE, 1973 (ACT NO.2 OF 1974) – SEC.438. Anticipatory bail – Earlier application rejected by a Bench of Coordinate jurisdiction – Petitioner moved second application – Maintainability of the application when principle of resjudicata is not applicable to bail applications. This Court consciously rejected the earlier application and granted liberty to the petitioner to surrender before the Court below and move for regular bail and without complying with the direction of this Court, petitioner filed the present application – No substantial change of circumstances or events – Held, Second application for anticipatory bail is not maintainable and accordingly it stands rejected. (Para 5 & 6) Case laws Referred to:- 1.(2007) 37 OCR 688 : (Bimal Lochan Das.-V- State of Orissa). 2.AIR 1960 SC936 : (Mahadolal Kanodia -V- Administrator General ). The Petitioner –S.Das The Opp.Parties –State
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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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91 impression of bias and favourtis
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2010 ( I ) ILR-CUT- 348 M.M.DAS,J.
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95 hearing the appeal set aside the
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97 and the parties to the lease are
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2010 ( I ) ILR-CUT- 354 R.N.BISWAL,
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101 cargo, which was unfit for ship
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Page 105 and 106: 119 Rs. 71,74,451/- for repair of t
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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 and 126: 139 restored, only to avoid the ord
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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
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Page 137 and 138: 151 6. On an analysis of Sections 9
Page 139: 153 the policy purports to cover in
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Page 145 and 146: 2010 ( I ) ILR-CUT- 414 S.K.MISHRA,
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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