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Chairman Grid Corporation Of Orissa ... vs Smt. Sukamani Das And Anr. Etc on 15 September, 1999

In Chairman, Grid Corpn. of Orissa Ltd. (Gridco) v. Sukamani Das [(1999) 7 SCC 298] the question which arose for consideration was, can the High Court under Article 226 of the Constitution award compensation for death caused due to Signature Not Verified Digitally Signed By:MADHU SARDANA W.P.(C) 3827/2024 Page 12 of 18 Signing Date:20.03.2024 15:46:21 electrocution on account of negligence, when the liability was emphatically denied on the ground that the death had not occurred as a result of negligence, but because of an act of God or of acts of some other persons. The Court held that it is the settled legal position that where disputed questions of facts are involved, a petition under Article 226 of the Constitution is not a proper remedy. Therefore, questions as to whether death occurred due to negligence or due to act of God or of some third person could not be decided properly on the basis of affidavits only, but should be decided by the civil court after appreciating the evidence adduced by the parties.
Supreme Court of India Cites 5 - Cited by 182 - Full Document
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