Orissa Court January 1984 Judgments
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Jagabandhu Pradhan Vs. Asstt. Housing Commissioner and ors.
Court: Orissa
Decided on: Jan-23-1984
Reported in: AIR1984Ori147
D.P. Mohapatra, J. 1. The short question involved in this case is whether the petitioner is entitled to protection under the Proviso to Section 12 (1) (b) of the Orissa Industrial Housing Act. 1966 (Orissa Act 1 of 1967). The relevant portion of Section 12 of the Act reads thus: '12. (1) If the Housinc Commissioner is satisfied that- XX XX XX XX (b) any person is in unauthorised occupation of any house, he may notwithstanding anything contained in any law for the time being in force, by notice served- (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such house, or (iii) in such other manner as may be prescribed, require such person, as well as any other person who may be in occupation of the whole or any Dart of the house, to vacate it within one month of the date of the service of the notice: Provided that an industrial worker where question of service is under dispute between the employer and employee as a subject-matter of an adjudi...
Duryodhan Mohapatra Vs. Executive Engineer, Irrigation Division
Court: Orissa
Decided on: Jan-23-1984
Reported in: AIR1984Ori217
P.C. Misra, J. 1. The plaintiff in O. S. No. 23 of 1981 of the court of the Subordinate Judge, Bhubaneswar, is the appellant in this appeal. 2. On 16-3-68, the plaintiff had entered into a contract and signed agreement for excavation of Boudh main canal from RD 60900 to RD 77000 under the Salki Irrigation Project. As dispute arose between the parties relating to the aforesaid work. Shri B.C. Patnaik, Additional Chief Engineer, Minor Irrigation was appointed as Arbitrator to decide the dispute. The plaintiff claimed a total sum of Rs. 7,60,440/- under different items and the said claim was contested by the Executive Engineer, Irrigation Division, Boudh Dist. Phulbani. The Arbitrator in his award D/- 30-1-81 allowed a sum of Rs. 1,00,000/- under claim Hem No. 5,and Rs. 55,000/- under claim item No. 7. Under claim item No. 5, the plaintiff had claimed Rs. 2,25,623/- and item No. 7 relates to the claim of interest. The Arbitrator allowed interest at the rate of 6 1/4% from 16-12-77 which i...
Banamali Charan Mohanty Vs. Kamaladebi Saha and ors.
Court: Orissa
Decided on: Jan-23-1984
Reported in: AIR1984Ori218
ORDERG.P. Mohapatra, J. 1. The simple question involved in this Revision Petition is, whether on removing the Arbitrator appointed by a party the Court is legally bound to ask the concerned party to nominate another person to replace the Arbitrator removed and is the Court bound to appoint the said nominee of the party. 2. The facts giving rise to the petition, shortly stated, are that the petitioner and the opposite parties constituted a partnership firm under the name and style of 'Modern Construction Company' as evidenced by a Deed of partnership. The arbitration clause (Clause 16) in the said Deed is to the following effect.'--'In case of any dispute or differences arising out of the partnership, the matter shall be referred to the Arbitration of four Arbitrators appointed one by each partner and decision of them shall be final and binding upon all. In case of difference of opinion between the Arbitrators, a fifth one shall be nominated by them and the decision of the majority shal...
Jagabandhu Naik and anr. Vs. Gouri Bandha and ors.
Court: Orissa
Decided on: Jan-20-1984
Reported in: AIR1985Ori126
G.B. Patnaik, J.1. Plaintiffs are the appellants against the confirming judgment and decree of the Subordinate Judge, Bhadrak in Title Appeal No. 22 of 1975. Plaintiffs suit is for declaration of title, confirmation of possession and giving direction to the defendants to fill up the tanks dug out over the disputed 'Ka' and 'Kha' schedule lands and for damages.2. According to the plaint case Schedule 'Ka' land appertains to plot No. 1500 measuring Ac. 0.04 decimals which was purchased from one Netramani Naik by a registered sale deed dated, 31-7-1957 (Ext. 1). Schedule 'Kha' land is a part of Ac. 0.05 decimals appertaining to plot No. 1501 which the plaintiff No. 2 got from one Rani Bewa by virtue of a registered gift deed dated, 7-2-1948 (Ext. 2) and the plaintiffs thus were in possession of the same. The defendants have a tank on plot No. 1500/1771which they purchased and the said tank lies adjoining north of the suit plots. The defendants forcibly dug out portions of the two plots na...
Smt. Prafulla Kumari Pradhan and ors. Vs. the Orient Paper Mills Ltd. ...
Court: Orissa
Decided on: Jan-20-1984
Reported in: AIR1984Ori149; 1984(I)OLR223
G.B. Patnaik, J. 1. These three appeals arise out of three different miscellaneous cases wherein the Second Motor Accident Claims Tribunal passed orders on the same date, namely 30-6-1978 and the point in issue is also the same and, therefore, all these three appeals were heard together and are being disposed of by this common judgment. 2. Miscellaneous Appeal No. 166 of 1978 arises out of Miscellaneous Case No. 57 of 1976 wherein the claimants are the wife, the minor daughters' and the parents of the deceased Kanhu Charan Pradhan. Miscellaneous Appeal No. 167 of 1978 arises out of Misc. Case No. 56 of 1976 wherein the wife and minor children of deceased Purandar Mallik are the claimants. Miscellaneous Appeal No. 168 of 1978 arises out of Miscellaneous Case No. 85 of 1976 wherein the wife and minor children of deceased Gumani Bchera are the claimants. 3. All these cases arise nut of one and the same accident which took place on 22-5-1976 at about 4 P.M. near village Takara. The truck b...
Prafulla Kumari Pradhan and ors. Vs. Orient Paper Mills Ltd. and ors.
Court: Orissa
Decided on: Jan-20-1984
Reported in: II(1984)ACC165; [1986]60CompCas226(Orissa)
G.B. Patnaik, J.1. These three appeals arise out of three different miscellaneous cases wherein the Second Motor Accidents Claims Tribunal passed orders on the same date, namely, June 30, 1978, and the point in issue is also the same and, therefore, all these three appeals were heard together and are being disposed of by this common judgment.2. Miscellaneous Appeal No. 166 of 1978 arises out of Miscellaneous Case No. 57 of 1976, wherein the claimants are the wife, the minor daughters and the parents of the deceased, Kanhu Charan Pradhan. Miscellaneous Appeal No. 167 of 1978 arises out of Miscellaneous Case No. 56 of 1976, wherein the wife and minor children of the deceased, Purandar Mallik, are the claimants. Miscellaneous Appeal No. 168 of 1978 arises out of Miscellaneous Case No. 85 of 1976, wherein the wife and minor children of the deceased, Gumani Behera, are the claimants.3. All these cases arise out of one and the same accident which took place on May 22, 1976, at about 4 p. m.,...
Dhadi Charan Rout and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-20-1984
Reported in: 1985CriLJ1435
ORDERB.K. Behera, J.1. The petitioners stood convicted under Section 379 read with Section 34 of the Penal Code by the trial Court and each of them was sentenced to pay a fine of Rs. 100/- and in default of payment thereof, to undergo rigorous imprisonment for a period of 15 days. As the impugned order of conviction and sentences had been passed by a Magistrate of the first class, the petitioners made an application in revision which was heard by the learned Additional Sessions Judge, Cuttack. Instead of deciding the revision on merits, the learned Additional Sessions Judge remanded the matter to the trial Court by affording an opportunity to the State as the complainant to adduce further documentary evidence which had not been adduced by it at the trial. As has been contended by the learned Counsel for the petitioners and has fairly been submitted by the learned Additional Standing Counsel, the learned Additional Sessions Judge went legally wrong in making the order of remand only for...
Baby Sagarika Jena (Rosy) and anr. Vs. Bishnu Charan Jena
Court: Orissa
Decided on: Jan-16-1984
Reported in: AIR1984Ori151
B.N. Misra, J. 1. This appeal filed by the mother of the two minor appellants is directed against the order dated 12-2-1982 passed by the learned Subordinate Judge. First Court, Cuttack in Misc. Case No. 23 of 1980 fixing a sum of Rs. 250 per month in respect of each appellant as maintenance and education expenses and directing the respondent, father of the two minor appellants, to spend the aforesaid amount towards the maintenance and education of the appellants. 2. The facts of the case may be briefly noted. The respondent and the mother of the appellants were married according to Hindu Vedic rites at village Mallikapur, district Cuttack on 13-6-1974 Out of this wedlock, the two appellants were born. As the marriage did not prove 'successful', the respondent and his wife lived separately for more than a year. Thereafter, on 23-3-1979 they filed a joint petition under Section 13B of the Hindu Marriage Act. 1955 (hereinafter referred to as 'the Act') praying for a decree of divorce by ...
Haribandhu Das and anr. Vs. Ashoka Industries (P.) Ltd. and ors.
Court: Orissa
Decided on: Jan-13-1984
Reported in: AIR1984Ori104
B.N. Misra, J. 1. This appeal is directed against the order dated 11-10-1982 passed by the learned Subordinate Judge, Bhu-baneswar in Misc. Case No. 504 of 1982 dismissing the appellant's petition for interim injunction sought against the present respondents 1 to 6. As this appeal was filed beyond the period of limitation, the appellants had filed an application for condonation of delay which was allowed by Order No. 4 dated 23-3-1983. The appellants had also filed a petition for, ad interim injunction which was disallowed by the same order dated 23-3-1983.2. Appellants 1 and 2 are plaintiffs 1 and 2 respectively in O. S. No. 223/82-I filed in the Court of the learned Subordinate Judge, Bhubaneswar. Appellant No. 2 is Indian National Congress at New Delhi and Appellant No. 1 claims to be the permanent working Secretary of the Congress appointed as such on 5th April, 1979 by the then President of the State Unit of the Congress. The suit has been filed against seventeen defendants of who...
Subasini Panda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-13-1984
Reported in: II(1984)ACC13; 57(1984)CLT262; [1986]60CompCas124(Orissa)
P.C. Misra, J. 1. This appeal arises out of the award passed by the Second Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 86 of 1976.2. One Kanhu Charan Panda died in an accident on October 7, 1972, at about 8.30 p.m. near Vani Vihar, Bhubaneswar, while driving the jeep bearing registration No. ORK 1908 which collided with the truck bearing registration No. ORU 24. His children are the claimants in a case under Section 110A of the Motor Vehicles Act, 1939 (for short, ' the Act ').3. The case of the claimants before the Tribunal was that their father, late Kanhu Charan Panda, was driving the jeep belonging to the State of Orissa. He was carrying the Panchayat Samiti Chairman and others as occupants and they were proceeding on an official work. The jeep was proceeding from the side of the office of the Orissa State Electricity Board and took a turn to the right round the traffic island and came upon the road leading to Cuttack side. The truck in question was coming from Cutt...
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