Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court
3 months, 3 weeks ago

Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court

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The Orissa High Court has held that application for inter-district transfer of motor accident claims cases from one tribunal to another can be done under Article 227 of the Constitution and not under the provisions of the Code of Civil Procedure. This Court is of the further view that the present Writ Petition under Article 227 is maintainable and the Petitioners have rightly approached Writ Court for inter-district transfer of the claim case.” Factual Background The deceased Sambhu Prasad Tripathy died on 06.08.2021 on account of a motor vehicular accident involving a truck. Similarly, it empowers the High Court to transfer the claim application from the file of one Claims Tribunal of a district to any other Claims Tribunal beyond the territorial jurisdiction of the district. Act and for inter-district transfer, the party aggrieved has to approach the Writ Court under Article 227 of the Constitution of India.” Resultantly, the Court held that the petitioners have rightly approached it under Article 227 of the Constitution for transfer of the claims case.

High Court Constitution Court Transfer Application Writ Motor Accident Claims Tribunal High Motor Petitioners 227 Cpc Orissa Claims Tribunal Khordha Section 24 Mact One Claims Tribunal Writ Court District Judge 1St Mact  tribunal  227  petitioners  motor  writ  transfer  mact  high  cpc  orissa  court  cases  application  claims  constitution  interdistrict

History of this topic

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody
9 months, 1 week ago

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody

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The Orissa High Court has ordered rupees two lakh interim compensation to the mother of a 22 year-old man who allegedly died of falling from moving train while he was under the custody of the police. The petitioner alleged that during the course of train journey, the father of the girl and the police officials caused the death of her …

‘Orissa Association For The Blind’ Not State Under Article 12: High Court
1 year, 2 months ago

‘Orissa Association For The Blind’ Not State Under Article 12: High Court

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The Orissa High Court has held that the ‘Orissa Association for the Blind’ does not come under the definition of ‘State’ as provided under Article 12 of the Constitution and thus, it is not amenable to the writ jurisdiction of the Court. While rejecting a writ petition filed by an employee against the organisation, the Single Judge Bench of Justice …

Claimants Need Not File Petition In Supreme Court To Transfer Motor Accidents Claims Made In Different Territorial Jurisdictions: Orissa HC Registry
1 year, 6 months ago

Claimants Need Not File Petition In Supreme Court To Transfer Motor Accidents Claims Made In Different Territorial Jurisdictions: Orissa HC Registry

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The Registry of Orissa High Court on Wednesday notified that in motor accident claim cases, if the claimant have filed separate claim petition in the territorial jurisdiction of different High Courts, the first claim petition filed by them shall be maintained by the said Claims Tribunal and the subsequent claim petition shall stand transferred to the Tribunal where the first …

S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court
1 year, 7 months ago

S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court

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The Orissa High Court has recently reiterated that the expression “use of motor vehicles” employed under Section 165 of the Motor Vehicles Act includes accident caused by the offending vehicle when it is not moving and is in static/standing position. While setting aside a contrary order of the Motor Vehicle Claims Tribunal, a Single Bench of Justice Bibhu Prasad Routray …

Motor Accidents : If Multiple Claims Are Filed In Different States, Subsequent Petitions Must Be Transferred To Tribunal Where First Claim Was Filed - Supreme Court
1 year, 11 months ago

Motor Accidents : If Multiple Claims Are Filed In Different States, Subsequent Petitions Must Be Transferred To Tribunal Where First Claim Was Filed - Supreme Court

Live Law  

The Supreme Court has ordered that in a motor accident case having multiple claimants, if the claimants file separate claim petitions in tribunals in the territorial jurisdiction of different High Courts, then the first claim petition should be maintained and the subsequent claim petitions should be transferred to the tribunal where the first petition was filed. As stated in the …

Need To Review The Present System Of Transfer Of High Court Judges
2 years, 1 month ago

Need To Review The Present System Of Transfer Of High Court Judges

Live Law  

In view of the recent recommendation of the Supreme Court Collegium to transfer Justice Nikhil S. Kariel from his parent High Court, i.e., from High Court of Gujarat to the High Court of Patna and also recommendation to transfer Justice A. Abhishek Reddy from his parent High Court, i.e., from High Court of Telangana to the High Court of Patna …

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC
2 years, 2 months ago

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC

Live Law  

The Kerala High Court on Friday held that compensation could not be awarded to the heirs of the deceased, who 'stepped into the shoes of the owner', by borrowing the vehicle and whose rash and negligent driving brought about his own death.Justice Sophy Thomas, while setting aside the order of the Motor Accident Tribunal granting compensation to the heirs of …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 4 months ago

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court

Live Law  

The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that the loss of estate would include …

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases
3 years, 9 months ago

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases

Live Law  

The Supreme Court is set to examine methods to expedite the grant of compensation in motor accident cases. The direction has come after Supreme Court decided to consider the issue of payment of victim compensation online pan India while adjudicating cases under Motor Accidents Claims Act and contemplate on the other issues that would help speed up the adjudication process …

Important Judgments Passed By The Orissa High Court: January 2021
3 years, 10 months ago

Important Judgments Passed By The Orissa High Court: January 2021

Live Law  

The High Court of Orissa has passed several vital judgments in January 2021. Case Details: Mohammed Mustaq Ansari v. State of Odisha & Another A Division Bench consisting of Chief Justice Dr. S. Muralidhar and Dr. Justice B.R. Case Details: Rajib Kumar Behera v. State of Odisha and Others A Single Judge Bench of Dr. Justice B.R. The Court relied …

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]
4 years, 5 months ago

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]

Live Law  

The Supreme Court has withdrawn to itself a writ petition pending before the Punjab and Haryana High Court challenging a notification issued by the State of Haryana providing for 10% vertical reservation for economically backward persons in general category in certain fields of public employment. The State of Haryana opposed the Transfer plea contending that in Commissioner of Services Tax …

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