Orissa Court December 1985 Judgments
Oriental Fire and General Insurance Co. Ltd. Vs. Brajakishore Sahu and ...
Court: Orissa
Decided on: Dec-20-1985
Reported in: [1988]64CompCas557(Orissa)
S.C. Mohapatra, J.1. This is an insurer's appeal under Section 110D of the Motor Vehicles Act, 1939 (for short ' the Act'). The quantum of liability of the insurer is the subject-matter of this appeal.2. The deceased, Sadhu Charan Behera, was employed as a helper in the truck, bearing registration No. OSC No. 5589, belonging to respondentNo. 1. The helper is otherwise known as a cleaner. On March 17, 1979, the truck met with an accident resulting in the death of the helper, Sadhu Charan, who was one of the occupants in the truck.3. On July 7, 1979, respondent No. 2, the widow of Sadhu Charan, filed an application before the Tribunal under Section 110A of the Act claiming Rs. 40,000 as compensation for herself and her three minor sons, who are admittedly dependants of the deceased under the Workmen's. Compensation Act, 1923. The owner and the insurer both contested the claim.4. The Tribunal found the death of Sadhu Charan to be due to rash and negligent driving of the vehicle. While ass...
Tag this Judgment!The Servants of Suffering Society Vs. Guru Patri @ Ghurupatri Ram and ...
Court: Orissa
Decided on: Dec-20-1985
Reported in: 61(1986)CLT468; 1986(I)OLR178
S.C. Mohapatra, J. 1. Petitioner in this Civil Revision has assailed the order of the appellate Court issuing mandatory injunction for restoration of electric connection to the shop room occupied by the plaintiff-opposite party Nos. 1 and 2.2. Opp. party Nos. 1 and 2 are the tenants in respect of one room of a house belonging to opp. party Nos. 3 to 5 It is not disputed for the purpose of this Civil Revision that opp. party Nos. 3 to 5 have gifted the entire house including the shop room to the petitioner and the petitioner is in possession of the same. While the plaintiffs-opp. party Nos. 1 and 2 were continuing as monthly tenants in respect of one room which they were using as shop room petitioner was occupying the rest of the building. There being disputes between the petitioner on one side and oppsite party Nos. 1 and 2 on the other. Opposite party Nos. 1 and 2 filed a suit for declaration of their tenancy right, petitioner filed an application before the House Rent Controller, Cut...
Tag this Judgment!Trinath Sahu Vs. Mahant Sri Radhamohan Das and ors.
Court: Orissa
Decided on: Dec-20-1985
Reported in: 61(1986)CLT205; 1986(I)OLR253
S.C. Mohapatra, J. 1. Jurisdiction of the Court to exercise its inherent power under Section 151 of the Code of Civil Procedure to recall an order permitting abandonment of a suit under Order 28, Rule 1. C P.C., is the subject-matter of this Civil Revision at the instance of defendant.2. In village Bamanpur, there is an aided educational institution named Chinisilpa High School, Bamanpur. Under Section 7 of the Orissa Education Act, 1969, such an institution is required to have a Managing Committee. Dispute in respect of such Managing Committee is the subject-matter in Title Suit No. 91 of 1983.Where the reliefs sought for are as follows :(i) To declare the Committee formed by the Inspector of Schools, Ganjam Circle, Berhampur, on 23-5-1983 as void, illegal, unenforceable under law and not binding on the plaintiff-committee ; and(ii) To grant permanent injunction restraining the defendant from interferring in any manner with the administration of functioning the plaintiff-committee and...
Tag this Judgment!State of Orissa and anr. Vs. Gokul Chandra Kanungo
Court: Orissa
Decided on: Dec-20-1985
Reported in: 1986(I)OLR263
S.C. Mohapatra, J. 1. Order dated 2-9-1985 passed by the learned Subordinate Judge, Bhubaneswar, is assailed in this Civil Revision. The order reads as follows :'Counsel for both parties file haziras Direct the respondent to appoint a Special Tribunal by 4-10-1985 to arbitrate upon the dispute.''Both parties do not dispute that the order is purported to be one under Section 41A of the Arbitration Act, 1940 (hereinafter referred to as the Act'.2. Opposite party was entrusted with the construction work of the High Level Bridge over the River Rushikulya on National Highway No. 5 near Ganjam. The parties entered into an agreement to that effect on 25-5-1970. Since 1972 disputes of one nature or the other arose between the parties which were resolved by an Arbitrator appointed by the Court. Those are not subject matters of this revision. On 27-11-1981 a notice was issued by the opposite party demanding the amount due with interest at 19.5% per annum which was disputed by petitioner No. 2 in...
Tag this Judgment!Ganesh Prasad Nayak Vs. Orissa State Co-operative Marketing Federation ...
Court: Orissa
Decided on: Dec-20-1985
Reported in: 1986(I)OLR333
D.P. Mohapatra, J.1. This application under Section 115 and Section 151 of the Civil Procedure Code is directed against the order dated 22. 7.1982 of the Subordinate Judge, Bhubaneswar, rejecting the petitioner's application for revocation of the authority of the arbitrator, opposite party No. 4.The petitioner was entrusted to execute the work' Construction of balance ancillary works of Rice Mill at Udala (Khunta)' in the district of Mayurbhanj. An agreement, No. 35-F2, was entered between the petitioner and the Secretary, Orissa State Co-operative Marketing Federation Ltd.-opposite party No 2, acting on behalf of the society-opposite party No. 1. As dispute arose between the parties in course of execution of the aforesaid work, a letter was issued on 19.4.1976 intimating the petitioner that his contract was rescinded and requesting him to attend personally or send an agent to be present at the time of final measurement of the work. Thereafter, according to the petitioner, all his atte...
Tag this Judgment!The Oriental Fire and General Insurance Co. Ltd. Vs. Brajakishore Sahu ...
Court: Orissa
Decided on: Dec-20-1985
Reported in: 2(1986)ACC350; 61(1986)CLT394
S.C. Mohapatra, J.1. This is an insurer's appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act'). Quantum of liability of the insurer is the subject-matter of this appeal.2. Deceased Sadhu Charan Behera was employed as helper in the truck bearing registration number OSC-5589 belonging to Respondent No. 1. Helper is otherwise known as cleaner. On 17-3-1979, the truck met with an accident resulting in the death of the helper Sadhu Charan who was one of the occupants in the truck.3. On 7-7-1979, respondent No. 2, the widow of Sadhu Charan, filed an application before the Tribunal under Section 110-A of the Act claiming Rs. 40,000/- as compensation for herself and her three minor sons, who are admittedly dependants of the deceased under the Workmen's Compensation Act, 1923. The owner and the insurer both contested the claim.4. The Tribunal found the death of Sadhu Charan to due to rash and negligent driving of the vehicle. While assessing the compensation payable ...
Tag this Judgment!The Fertilizer Corporation of India Ltd. Vs. Bharat Painters
Court: Orissa
Decided on: Dec-17-1985
Reported in: AIR1986Ori82; 61(1986)CLT194; 1986(I)OLR96
G.B. Patnaik, J. 1. This is an appeal under Section 39 of the Arbitration Act against the judgment of the Subordinate Judge, Angul, in Title Suit No. 22 of 1979. By the impugned judgment, the award of the arbitrator has been made a rule of Court and the objection filed by the appellant under Sections 30 and 33 of the Arbitration Act has been rejected.2. The respondent-Messrs Bharat Paintersentered into a contract with the appellant, the Fertilizer Corporation of India Limited, for execution of 'additional works in coal handling tunnel's at factory area at Vikrampur in the district of Dhenkanal. Disputes having arisen between the parties, the respondent invoked the arbitration clause in the contract and in accordance with the said clause, the General Manager, appointed one Shri A. K. Sinha, an employee of the Fertilizer Corporation at Gorakhpur, as the sole arbitrator. The letter of appointment also referred the dispute to be adjudicated upon which has been quoted in the impugned judgme...
Tag this Judgment!Pholi Dibya Vs. Idan Bibi and ors.
Court: Orissa
Decided on: Dec-17-1985
Reported in: 1986(I)OLR183
S.C. Mohapatra, J.1. judgment Debtor No. 1 is the petitioner assailing the order of refusal of her application under Order 21, Rule 29, Civil Procedure Code, by the Executing Court.2. After obtaining the preliminary decree for partition was confirmed in this Court in First Appeal, final decree was passed ex parte and the said decree is being executed. Having failed in the first round ' of attack of the decree under Section 47, C. P. C, a suit has been filed by the petitioner in the Court of First Subordinate Judge, Cutback, for specific performance of a contract for sale with the vendor of the decree-holder. Plaintiff-petitioner claims to be in possession of the disputed property delivered to her on the basis of such oral contract or sale in the year 1967. 3. In the same Court where the execution application is pending, a suit by the judgment-debtor against the decree-holder is also pending. However, on mere satisfaction of this pre-condition, the execution proceeding is not to be stay...
Tag this Judgment!Purna Chandra Senapati Vs. Saraswati Panda and ors.
Court: Orissa
Decided on: Dec-17-1985
Reported in: 1(1986)ACC121
G.B. Patnaik, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the judgment of the Second Motor Accident Claims Tribunal directing the appellant to pay a sum of Rs. 10,000/- as compensation to respondents 1 and 2 who were petitioners before the Tribunal.2. The son of respondents 2 and 3 aged about 3 years was killed being dashed by a motor cycle bearing No. ORG 4469 belonging to the appellant on 2-8-1976 at 5.30 p.m. in front of the Veterinary Hospital gate on Berhampur-Chhatrapur road. Respondent No. 3, Lingaraj was the registered owner of the vehicle and respondent No. 4 was the insurer of the vehicle. On the date of accident while the deceased was standing near the culvert on the morrum portion of the road, a rickshaw fitted with microphone was proceeding from Berhampur side towards Chhatrapur. The appellant came at a high speed with the motor cycle without blowing any horn and suddenly swerved to its right and dashed against the deceased boy who was stan...
Tag this Judgment!State of Orissa Vs. Arjun Mallik
Court: Orissa
Decided on: Dec-16-1985
Reported in: 1986(I)OLR68
B.K. Behera, J.1. The respondent in the Government Appeal and the petitioner in the Jail Criminal Revision stood charged under section 395 of the Indian penal Code (for short, the 'Code') for having committed dacoity in the house of Prafulla Chandra Mohanty (P. W. 1) during the night of April 17.18.1980, in the course of which they were alleged to have caused hurt to P. Ws 2, 9 and 15 and removed cash, ornaments and other articles. To bring home the charge, the prosecution had examined sixteen witnesses at the trial. On a consideration of the evidence, the learned trial judge accepted the case of the prosecution in respect of the revision-petitioner Trinath Swain, convicted him under section 395 of the Code and sentenced him to undergo rigorous imprisonment for a period of five years while acquitting the respondent in the Government Appeal, namely, Arjun Mallik, owing to paucity of evidence against him.2. The State is in appeal against the order of acquittal in respect of Arjun Mallik ...
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