Orissa Court August 1989 Judgments
New India Assurance Co. Ltd. Vs. Pankajini Pradhan and ors.
Court: Orissa
Decided on: Aug-29-1989
Reported in: 1990ACJ779
ORDERG.B. Patnaik, J. 1. This appeal is by the New India Assurance Co. Ltd. who was opposite party No. 3 before the Tribunal assailing the quantum of compensation granted by the Tribunal.2. The respondents filed the claim petition on account of the death of one Prahallad Pradhan who was a Lecturer in the College at Talcher and on the date of accident while he was coming on his motor cycle, the driver of truck OSS 1998 negligently caused the accident as a result of which the death occurred. The amount of compensation claimed by the claimants was Rs. 4,00,000/-. Opposite party Nos. 1 and 2 were ex parte and opposite party No. 3, the present appellant, though had filed a written statement but did not contest at the time of hearing. On consideration of the entire materials on record, the Tribunal has come to a conclusion that the average monthly income of the deceased was Rs. 2,000/- per month, i.e., Rs. 24,000/- per annum and after deducting the personal expenses the Tribunal came to the ...
Tag this Judgment!Kamini Bewa Vs. Srimati Dei and ors.
Court: Orissa
Decided on: Aug-28-1989
Reported in: AIR1990Ori155; 69(1990)CLT41
G.B. Patnaik, J.1. Defendant No. 3 in Title Suit No. 58/13 of 1971/74 is the appellant in Second Appeal No. 360 of 1981 and plaintiff No. 1 in Title Suit No. 71 of 1971 is the appellant in Second Appeal No. 361 of 1981.2. One Basu Sahu who is the common ancestor had five sons and Kamini, the widow of Manmohan -- one of the five sons of Basu is the plaintiff in Title Suit No. 71 of 1971. Srimati who is wife of Nrusinha, son of Anadi -- another son of Basu, is plaintiff No. 1 in Title Suit No. 58 of 1971. Kamini filed Title Suit No. 71 of 1971 for a declaration that the partition deed dated 5-4-1952 was illegal, invalid and not binding on her and for a further declaration that Kabala dated 14-4-1960 executed by Bana (defendant No. 3 in Title Suit No. 71 of 1971) was illegal, void and further prayed for injunction against defendants 2 and 3. Srimati along with her husband Nrusinha filed Title Suit No. 58 of 1971 for eviction of Kamini and for recovery of possession with damages and for pe...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Nandula Manganna Sastry and ors.
Court: Orissa
Decided on: Aug-25-1989
Reported in: 1990ACJ818; AIR1990Ori105
S.C. Mohapatra, J.1. These two appeals under Section 110-D of the Motor Vehicles Act, 1939, have been filed by the insurer in respect of a truck bearing registration No. ORD 3627.2. The truck collided with a car bearing registration No. OSC 2997 on 12-5-1981 on the N. H. No. 42. Occupants of the car sustained injuries and some of them dies at the spot. Claimants of four deceased persons filed four applications for compensation under Section 110-A of the Act against the owners of the truck and the car and two insurers in respect of the vehicles. During pendency of the proceedings owner of the truck have been expired, his legal representatives were substituted. On 18-1-1987 there was a Lok Adalat. Claimants in three claim petitions entered into a settlement with the insurer of the car for Rs. 10,000/- each payable by insurer of the car. Appellant-Insurer not having entered into settlement, proceedings continued as against the legal representatives of the owner of the truck and the insure...
Tag this Judgment!Orissa Vegetable Oil Complex Ltd. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Aug-24-1989
Reported in: AIR1990Ori51; 68(1989)CLT801
L. Rath, J.1. These two petitions at the instance of the same petitioner in essence raise the identical question for decision and hence are disposed of by this common judgment. The petitioner was the subscriber of four telephones and one telex, the telephone numbers being 51734, 53865 and 55061 in its office and 55482 at the residence of its Managing Director and the telex having the number 0675-267. The facts of O.J.C. No. 2310/89 which are not disputed and have also been supplemented by the learned counsel appearing for the opposite party, are that the petitioner came before this Court earlier in O.J.C. No. 2140/83 challenging the notice of disconnection issued on 30-6-88 by the Telecom. District Engineer, Department of Telecommunications, Bhubaneswar for outstanding dues as against telephone numbers 53865 and 51734. The telephones were disconnected and protest having been raised by the petitioner to the bills alleging excess metering, the department instituted an enquiry. The petiti...
Tag this Judgment!Photo Emporium Vs. Additional District Magistrate and ors.
Court: Orissa
Decided on: Aug-24-1989
Reported in: [1990]77STC199(Orissa)
L. Rath, J.1. The petitioner which is a proprietorship firm and has the business of taking photographs of customers, developing the films exposed by him as also other films exposed by the customers, making out prints and enlargements out of the negatives and supplying them to customers, was assessed to sales tax for the years 1962-63 to 1964-65 under the Orissa Sales Tax Act. The orders of assessment were challenged in appeal wherein remand orders were passed for fresh assessment. In fresh assessment, the assessment orders annexed to this petition as annexures-3/h, 3/i and 3/j for the years ending 31st March, 1963, 31st March, 1964 and 31st March, 1965, were passed. The demands raised under the assessments having not been paid, a recovery proceeding was started against the petitioner under the Orissa Public Demand Recovery Act, 1962. The certificate was set aside by the certificate officer holding that the assessing officer was wrong to assess sales tax at the rate of 30 per cent thoug...
Tag this Judgment!P.V.S. Murty Vs. Chief General Manager, State Bank of India and ors.
Court: Orissa
Decided on: Aug-24-1989
Reported in: 1991(I)OLR348
L. Rath, J.1. The petitioner, an officer of the O.J.M., Grade-l of the State Bank of India in its regional office at Bhubaneswar has moved this Court under Art. 226 of the Constitution of India seeking quashing of an order of transfer from Bhubaneswar module to Berhampur module on the ground that the order of transfer has been passed in contravention of the conditions of service applicable to him. Notice had been issued to the opposite parties for final disposel. In pursuance of the notice, the opposite parties have appeared and filed their counter affidavit to which the petitioner filed a rejoinder affidavit and the opposite parties also filed an additional counter affidavit. Further during the hearing of the case the petitioner also filed, with the permission of the Court, a petition for amendment to incorporate certain new grounds. The amendment was allowed and the opposite parties have also filed a further counter affidavit to the amended writ petition which was also accepted 2. It...
Tag this Judgment!Laxmiswar Tamudia Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-22-1989
Reported in: 68(1989)CLT857; (1990)ILLJ358Ori
G.B. Patnaik, J. 1. The petitioner who is an employee under the Orissa State Road Transport Corporation (opposite party No. 2) has assailed the promotion of opposite party No. 4 to the post of Deputy General Manager inter alia on the ground that non-consideration of petitioner's case while promoting opposite party No. 4 violates Articles 14 and 16 of the Constitution and in view of the provisions contained in the Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act 1975 (Orissa Act 38 of 1975) (hereinafter referred to as the 'Reservation Act'), it is the petitioner who being a Scheduled Caste was alone entitled to be promoted and not opposite party No. 4 who is a general candidate.2. The petitioner asserts that he joined the post of Assistant Transport Manager under the erstwhile State Transport Services on 2nd September 1966 and continued as such till May, 1974, when the Corporation was established and took over the management of the ex...
Tag this Judgment!Madhabananda Jena Vs. Orissa State Electricity Board and ors.
Court: Orissa
Decided on: Aug-22-1989
Reported in: 68(1989)CLT634; (1990)ILLJ463Ori
D.P. Mohapatra, J. 1. The petitioner who claims to be a member of the Schedule Tribe has filed this application under Article 226 of the Constitution of India praying, inter alia, to quash the order of his termination from service and to direct the Orissa State Electricity Board (for short, 'the Board') and its officers concerned in the matter to reinstate him in service with all consequential service benefits. The Orissa StateElectricity Board, Superintending Engineer, Electrical Circle, Jajpur Road, Executive Engineer, Jajpur Road, Electrical Division and Sectional Officer, Jajpur are arrayed as opposite parties in the writ application.2. The case of the petitioner, in short, is that he was enrolled as a Helper under of the Board on 8th December 1971 and was borne in the Nominal Muster Roll (N.M.R). Since then he continued to serve the Board till 18th September 1977 when his service is alleged to have been terminated by the verbal order of the Sectional Officer (opp. party no. 4) wit...
Tag this Judgment!Gadadhar Baliarsingh Vs. Srinivas Misra and ors.
Court: Orissa
Decided on: Aug-21-1989
Reported in: 1990CriLJ1190
ORDERK.C. Jagadeb Roy, J.1. The petitioner in this Criminal Revision has assailed the order dated 16-5-1988 passed by the Sessions Judge, Puri in Criminal Revision No. 97 of 1987 releasing the vehicle, a truck in favour of Opposite Party No. 1 under Section 457 of the Code of Criminal Procedure.2. Succinctly stated, the case of the petitioner is that Opposite Party No. 1 is the registered owner of a truck bearing No. ORP 3395 and Opp. Party No. 2 is the financer of Opposite Party No. 1 in purchasing the said truck. According to the petitioner, by suppressing the fact of financial assistance of Opposite Party No. 2 purchase of the truck, Opp. Party No. 1 admittedly the registered owner of the truck, had approached him for a short term loan of Rs. 25,000.00 and obtained that loan from him by making mortgage of the said truck in favour of the petitioner. While the petitioner was in possession of the truck as the pawnee, one FIR was lodged by the father of Opp. Party No. 1 in Delenga P.S. ...
Tag this Judgment!Paradip Port Trust Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-21-1989
Reported in: 1990(26)ECC319
K.C. Jagadeb Roy, J.1. The Paradip Port Trust, the petitioner in course of his business had imported certain electric spares for their H.S.D. 'Konark' which was shipped by the vessel 'Indian Prestige' from Hamburg to Calcutta vide Bill of Ladding No. 41 dated 4.9.1976. The vessel arrived at Calcutta on 3.11.1976.2. The petitioner's case is that while the goods were lying in the portshed at Calcutta, a Survey was done by the General Surveyors of India on 15th, 17th and 19th of September, 1977 which reported certain damage and shortage in the said consignment After the survey, goods were brought by the petitioner's Dredger 'Konark' from Calcutta to Paradip. At Paradip when the goods were taken to the Central Stores of the Petitioner it was found that there were further damages and shortages over and above the survey report of the General Surveyors of India made in Calcutta. Consequently National Insurance Company (the insurers) appointed another Surveyor, who furnished his preminary surv...
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