Orissa Court October 1990 Judgments
Shyamabandhu Barik and 34 ors. Vs. Orissa University of Agriculture an ...
Court: Orissa
Decided on: Oct-26-1990
Reported in: 1991(I)OLR99
R.C. Patnaik, J.1. The 35 petitioners in this writ application who were appointed as Village Agricultural Workers by the Orissa University of Agriculture and Technology have assailed the decision of the opposite parties reverting them to their status quo ante' by Annexure-1 dated 10-7-1987.2. The petitioners and four others who were working as literate bearers (casual labourers) were appointed in 1984 as Fieldman Demonstrator, 32 of them having been appointed on 20-7-1984 and the rest on 30-10-1984. They were receiving consolidated pay of Rs. 300/-per month. They were allowed to undergo Fieldman Demonstrator training and took the examination held in 1986. On passing the said examination, they were appointed as Village Agricultural Workers, vide Annexure-3 dated 31-7-1986 in the scale of pay of Rs. 840-1240/-. Order of reversion as per Annexure-1, referred to above, was passed before they could complete one year of service. 1 he petitioners have annexed their order of appointment as Fie...
Tag this Judgment!Alekha Subudhi Vs. Damodar Dalei and ors.
Court: Orissa
Decided on: Oct-25-1990
Reported in: 71(1991)CLT464; 1991(I)OLR7
A. Pasayat, J.1. Correctness of a reversing judgment in a suit for partition is assailed by the plaintiff-appellant.2. Stated in brief, the respective cases of the parties are as follows :Plaintiff filed the sort for partition of 11 decimals of land, including 5 decimals of homestead land, claiming half share in the suit properties and prayed for appointment of a Civil Cout Commissioner to effect partition. According to him, the suit properties stood recorded in the names of the plaintiff and Site Jaganth Dalei, father of the defendants in the settlement records they were possessing the land amicably having, equal share without any partition by metes and bounds and were paying, rent jointly; after death of Jagannath defendants 1 to 5 threatened to occupy a portion of the suit land forcibly which is under the possession of the plaintiff taking advantage of the fact that there was no partition and therefore, filing of the suit was necessitated.According to the defendants, during the life...
Tag this Judgment!Tankadhar Nath Vs. Prabhabati Nath
Court: Orissa
Decided on: Oct-23-1990
Reported in: I(1991)DMC336
D.P. Mohapatra, J.1. The petitioner, husband of the opposite party, tiled this revision petition assailing the order passed by the learned Subdivisional Judicial Magistrate, Keonjhar directing him to pay maintenance at the rate of Rs. 100/- per month from the date of the application filed under Section 125, Cr.P.C.2. The proceeding was initiated on the application filed by the opposite party under Section 125, Cr.P.C. claiming maintenance from the petitioner alleging inter alia, that she was married to him in 1984, after living with him for about two months she was compelled to leave the marital home on account of ill-treatment of the petitioner's first wife it is her further case that the petitioner had suppressed the fact of his first marriage from her.3. The petitioner in his written statement while denying the marriage with the opposite party accepted the allegation that he is married to one Santilata Nath and is leading a normal family life with her.4. Both parties led evidence in...
Tag this Judgment!Surendra Kumar Patjoshi and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-23-1990
Reported in: 71(1991)CLT453; 1991CriLJ1175
ORDERV. Gopalaswamy, J.1. This revision is preferred against the order dated 16-12-1987 passed by the S. D.M., Dharamgarh, directing the delinquents petitioners in Criminal Misc. Case No. 281 of 1987, a proceeding Under Section 107 (sic) Cr. P.C. to execute interim bonds for keeping peace.2. Under Section 116(3), Cr. P.C. the Magistrate may direct the delinquent to execute interim bond only after the commencement of the inquiry if the other requirements of that sub-sec. are fulfilled. The learned counsel for the petitioners, Mr. Mohanty, submits that the impugned order passed by the Magistrate is without jurisdiction in that by the date of the passing of the impugned order the inquiry has not yet commenced. In this context he relied on Sona Khan v. State, (1980) 50 Cut LT 245 (1981 Cri LJ 39) (FB). In that decision the following observations of the Supreme Court in Madhu Limaya v. Sub-divisional Magistrate, Monghyr, AIR 1971 SC2486: (1971 Cri LJ 1720), were referred to and relied on (p...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Haradhan Panda and ors.
Court: Orissa
Decided on: Oct-23-1990
Reported in: II(1991)ACC159; 1991ACJ863; 71(1991)CLT674
S.C. Mohapatra, J.1. Insurer is the appellant under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').2. Son of the respondent Nos. 1 and 2 sustained fatal injury on 9.2.1986 being involved in an accident caused by a motor vehicle bearing No. ORB 5547 which is a Trekker. They along with other two filed an application for compensation under Section 110-A of the Act. In the application claimants stated that deceased along with others were passengers in the Trekker when it met with the accident on account of negligent driving.3. Respondent No. 1 who is the owner of the vehicle while accepting the accident and death asserted that persons injured in the accident were not passengers but were pedestrians who were run over as the driver could not control the vehicle on the rough road on account of a front wheel being punctured. He admitted the assertion in the claim petition that appellant was the insurer in respect of the vehicle.4. Insurer disowned its liab...
Tag this Judgment!Nanda Kumar Prasad and anr. Vs. Abhijit Biswas and ors.
Court: Orissa
Decided on: Oct-22-1990
Reported in: 71(1991)CLT90; 1991(I)OLR15
D.P. Mohapatra, J.1. The core question that fairs for determination this case is whether a suit fifed Under Section 6 of the Specific Relief Act, 1963 (for short the Act') altering illegal dispossession of the plaintiffs from the disputed property is maintainable against a person who has valid title to it,2. This revision petrtion is directed against the judgment and decree dated 28-10-1987/7-T.1-1987 of the Subordinate Judge, Rourkefa in T. S. No. 41 of 1982 decreeing the suit. The factual backdrop of the case leading to the present proceeding may be shortly stated thus : The opposite parties 1 and 2, Abhijit Biswas and Samarjit Biswas filed the suit under Sec 6 of the Act against the petitioners Nanda Kumar Prasad and Bijy Kumar Prasad and opposite party No. 3 Ranjit Biswas brother of opposite parties land 2 seeking recovery of possession of the suit land by evicting the petitioners from it. The suit land is described in Schedule-A to the plaint as Rayatri land bearing Major Settleme...
Tag this Judgment!Sri Hara Prasad Hota Vs. Batliboy and Co. Private Ltd. and ors.
Court: Orissa
Decided on: Oct-20-1990
Reported in: 1991(I)OLR70
D.P. Mohapatra, J.1. Shri Ham Prasad Hota who is being pursued in Execution Case No. 87 of 1982 as one of the judgment-debtors filed these revision petitions assailing different orders passed therein by the First Subordinate judge, Cuttack. While Civil Revision No. 294 of 1989 is directed against the order dated 7. 1.1989 by which the learned Subordinate Judge rejected the petitioner's prayer to stay further proceedings of the execution case till disposal of the suit (T. S. No. 702/87) filed by the petitioner. Civil Revision No. 327 of 1989 is directed against the order passed on 2-2-1989 by which the Court directed issue of warrant of arrest against him.2. Since the case has had a chequered career, it is necessary to state, its factual backdrop leading to the present proceedings. The opp. party No. 1 Batliboy and Co. Private Limited filed. Money Suit No. 3688 of 1969 agamit the opposite party No. Davaloy Trading House, a partnership firm registered under the Indian Partnership Act In ...
Tag this Judgment!Prafulla Mohan Das and ors. Vs. Steel Authority of India Ltd. and ors.
Court: Orissa
Decided on: Oct-17-1990
Reported in: (1992)ILLJ621Ori
ORDER1. A Works Committee came to be constituted pursuant to the result of the election held for the purpose on July 8, 1989. In choosing the representative of the workmen, however, there was no consultation with their trade union, and it is on this ground that the election is sought to be assailed in this petition.2. A Works Committee is visualised as one of the authorities under the Industrial Disputes Act, 1947 (for short 'the Act') by Section 3 of the Act. This section states that the representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926. Admittedly there is a trade union concerning the establishment of the Steel Authority of India, Rourkela Steel Plant. Admittedly also the trade union was not consulted.3. The contention of Mr. Nanda on behalf of the Steel Authority of India is that as the Orissa Industrial Disp...
Tag this Judgment!Bhakta Bhuyan Vs. Savitri Bhuyan
Court: Orissa
Decided on: Oct-17-1990
Reported in: I(1991)DMC542
V. Gopalaswamy, J. 1. This revision is preferred against the order dated 10-12-1986 of the learned S.D.J.M., Parlakhemundi, in Misc. Case No. 94 of 1985, a proceeding under Section 125, Cr.P.C., sentencing the present petitioner-husband to undergo simple imprisonment till 9-12-1987 or until payment of maintenance dues to his wife (the present opposite party), in pursuance of his order dated 3-9-1985.2. The learned counsel for the petitioner contended that the impugned order of the learned Magistrate is in violation of the provisions of Section 125(3), Cr.P.C., and assailed it on the following two grounds :(a) First, that the sentence of imprisonment could not have been passed without due execution of the distress warrant against the petitioner.(b) Secondly, that under Section 125(3), Cr.P.C. the maximum sentence that the Magistrate could have passed is only for a period of one month.3. The learned counsel for the opposite party-wife, Mr. S.K. Sahoo, relying on the decisions, which are ...
Tag this Judgment!Bhakta Bhuyan Vs. Smt. Savitri Bhuyan
Court: Orissa
Decided on: Oct-17-1990
Reported in: I(1992)DMC303
V. Gopalaswamy, J.1. This revision is preferred against the order dated 10.12.1986 of the learned S.D.J.M., Parlakhemundi, in Misc. Case No. 94 of 1986, a proceeding under Section 125. Cr. P.C, sentencing the present petitionerhusband to undergo simple imprisonment till 9.12.1987 or until payment of maintenance dues to his wife (the present opposite party), in pursuance of his order dated 3.9.1985.2. The learned Counsel for the petitioner contended that the impugned order of the learned Magistrate is in violation of the provisions of Section 125(3), Cr. P.C, and assailed it on the following two grounds : (a) First, that the sentence of imprisonment could not have been passed without due execution of the distress warrant against the petitioner. (b) Secondly, that under Section 125(3), Cr. P.C. the maximum sentence that the Magistrate could have passed is only for a period of one month.3. The learned Counsel for the opposite party-wife, Mr. S.K. Sahoo, relying on the decisions, which are...
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