Orissa Court November 1991 Judgments
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Sarat Kumar Malu Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-12-1991
Reported in: AIR1992Ori128
R.C. Patnaik, J.1. In this writ application under Articles 226 and 227 of the Constitution of India, the petitioner seeks a declaration that Section 56(2) and Section 56(2-a) of the Orissa Forest Act, 1972 (hereinafter referred to as the 'Act') are ultra vires Article 14 of the Constitution of India, by reason of vesting of unbriddled, uncanalised, unregulated powers in forest officers. 2. Though several grounds were taken in the writ application assailing the vires of the aforesaid provisions, challenge to the vires of Section 56(2-a) was not canvassed before us on the ground of (a) of absence of guidelines, (b) that the provision for confiscation or criminal prosecution visited upon the person double jeopardy and (c) that the provision for confiscation is harsher than the procedure for trial before a criminal court, having regard to the decision of this Court in Togender Singh v. State of Orissa (O.G.C. Nos. 2062, 2541 and 2697 of 1983 disposed of on 17-8-1990): Reported in (1990) 70...
Jabanananda Mohanty Vs. Artatrana Misra and ors.
Court: Orissa
Decided on: Nov-12-1991
Reported in: AIR1992Ori110; 1992(I)OLR359
Pasayat, J.1. On a reference being made by a learned single Judge, these appeals have been placed before a Division Bench to clarify as to who is a 'third party' within the meaning of Section 95 of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').2. The appeals before the learned single Judge are directed against the awards given by the Second Motor Accidents Claims Tribunal, Cuttack (in short 'the Tribunal'). Facts of the case as found by the Tribunal are as follows:On 16-6-1980, a delivery van bearing registration No. OSC 8024 was moving towards Cuttack from Athgarh carrying goods and some passengers. On the way near Dihasahi Kadamba bridge, the vehicle met with an accident while the driver was trying to overtake a bus bearing registration No. ORD 2957. It went off the road on the right side of the road, knocked down a pedestrian named Dhabaleswar Panda and capsised. The vehicle belonged to one Jibanananda Mohanty (hereinafter referred to as 'the insured') and was ...
Ananta Kumar Alias Charan Jena and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-12-1991
Reported in: AIR1992Ori121; 1992(I)OLR377
Pasayat, J. 1. Since the point at issue in these three writ applications is common, they are taken up together and are disposed of by this common judgment. 2. The dispute relates to powers of the State Government to nominate a President in place of an already nominated President before expiry of the term of office of a Governing Body constituted under the provisions of the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') and the Orissa Education (Management of Private Colleges) Rules, 1979 (hereinafter referred to as 'the Rules'). Undisputed factual position is that in each of the cases the Sub-Collector, Balasore has been nominated as the President in place of persons nominted earlier. The three colleges in question are Dr. Harekrushna Mahatab College, Kupari (OJC No. 1945/90); Belabhumi Mahavidyalay, Avana (OJC No. 1946/90); and Gopalpur College, Gopalpur (OJC No. 2102/90). In OJC Nos. 1946 and 2102 of 1990, the substituted President amongst others has challenged fre...
Lal Mohan Soy Vs. Banshi Mahanta and ors.
Court: Orissa
Decided on: Nov-12-1991
Reported in: AIR1992Ori294; 73(1992)CLT356
G.B. Patnaik, J.1. The appellate order of the Additional District Magistrate, Mayurbhanj, in Regulation-2, Appeal Case No. 15 of 1975, annexed as Annexure-1, has been assailed in this writ application. By the said order, the appellate authority set aside the order of the Sub-Divisional Officer and held the transfer to be a valid one. 2. The petitioner's case is that he is the sole legal heir of the recorded owner of the property, Bisha Ho belonging to a member of the Scheduled Tribes. The predecessor-in-interest of opposite parties 1 to 6 got a fraudulent deed of transfer purported to be one executed by said Bishu Ho without any prior permission of the competent authority and took possession of the land in question. The petitioner was serving in Army and he sent an application to the Sub-Divisional Officer invoking his jurisdiction under Regulation 2 of 1956 alleging therein that the transfer in question is in contravention of the provisions of the said Regulation and, therefore, posse...
Achhuti @ Achyutananda Bal Vs. Payodhar Bal and ors.
Court: Orissa
Decided on: Nov-12-1991
Reported in: 73(1992)CLT699; 1992(II)OLR382
R.C. Patnaik, J.1. This revision is directed against an order dated 21-11 1985 passed by the learned Subordinate Judge, Bhadrak, in Misc. Case No. 93 of 1984 restoring the plaintiffs suit which was dismissed for default on 19-6-1984 for none appearance of either of the parties when Original Suit No. 35 of 1978 for partition was called on for hearing.2. Upon dismissal of the suit, the plaintiff filed an application under Order 9, Rule 9 of the Code of Civil Procedure for restoration of the suit, Labelling of the application as one under Order 9, Rule 9-, CPC, was misconceived since neither party appeared when the suit was celled on for hearing. The dismissal was under Order 9, Rule 3 CPC. Hence, the application for restoration should have been labelled as one under Order 9, Rule 4 of the Code of Civil Procedure, On the evidence led, the trial Court restored the suit subject to ' payment of cost by the plaintiff to the contesting defendant No. 1. It may be mentioned here that defendants ...
Badrinarayan Sahu Vs. State of Orissa
Court: Orissa
Decided on: Nov-12-1991
Reported in: 1992CriLJ3418
S.K. Mohanty, J.1. Food Inspector, Sundargarh, visited the frocery shop of the petitioner on 28-9-1985 and finding edible oil, spices and cereal products exposed for sale, disclosed his identity and after giving notice in Form VI to him purchased some articles. He divided each article into three parts and after observing all formalities, forwarded one part of each article to the Public Analyst, Government of Orissa. After microspopic examination, the Public Analyst submitted his report to the effect that one sample contained starches of Bengal gram and Khesari and in his opinion the sample was adulterated and prohibited for sale as it contained Khesari powder in addition to Bengal gram powder. On receipt of the report, the Food Inspector obtained written consent from the Chief District Medical Officer, Sundargarh and launched prosecution against the petitioner for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 on the allegation that he sold adulte...
The People's Union for Civil Liberties and Ors. Vs. State of Orissa an ...
Court: Orissa
Decided on: Nov-12-1991
Reported in: 73(1992)CLT846; 1992(I)OLR553
B.L. Hansaria, C.J. 1. The new capital for the State of Orissa was built at Bhubaneswar. Brisk construction work was taken up there requiring engagement of thousands of labourers. The said labour force came from different rural areas of the State and lived in different parts of Bhubaneswar. In course of time, a township grew and along with it grew a number of slums to accommodate such labourers. It is stated that by the end of 1977, 52 slums, came into existence with a population of over 50 thousands. These slum dwellers subsequently faced eviction on the plea of beautifying the city. The eviction was carried out from Madhusudan Nagar, Suka Vihar, Nayapalli, Sastri Nagar, Banadurga and Surya Nagar and that too in the year 1987 which was declared as the 'International Year of Shelter for Homeless'. The real motive for such eviction, according to the petitioner, was. however, to allot the lands in the said areas to 'people in power and their close associates in politics, bureaucracy, bus...
Jibanananda Mohanty Vs. Artatrana Misra and ors.
Court: Orissa
Decided on: Nov-12-1991
Reported in: II(1992)ACC294; 1992ACJ851
A. Pasayat, J. 1. On a reference being made by a learned single Judge, these appeals have been placed before a Division Bench to clarify as to who is a 'third party' within the meaning of Section 95 of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').2. The appeals before the learned single Judge are directed against the awards given by the Second Motor Accidents Claims Tribunal, Cuttack (in short 'the Tribunal'). Facts of the case as found by the Tribunal are as follows:On 16.6.1980, a delivery van bearing registration No. OSC 8024 was moving towards Cuttack from Athgarh carrying goods and some passengers. On the way near Dihasahi Kadamba Bridge, the vehicle met with an accident while the driver was trying to overtake a bus bearing registration No. ORD 2957. It went off the road on the right side of the road, knocked down a pedestrian named Dhabaleswar Panda and capsized. The vehicle belonged to one Jibanananda Mohanty (hereinafter referred to as 'the insured') and ...
Narasingha Charan Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-11-1991
Reported in: AIR1992Ori213; 73(1992)CLT504; 1992(I)OLR281
R.C. Patnaik, J.1. The petitioner has in this writ application under Article 226 of the Constitution of India assailed the Orissa Irrigation (Amendment) Rules, 1979, enhancing the basic water rate and the Rabi water rate as ultra vires Section 53(3) of the Orissa Irrigation Act, 1959 (for short, 'the Act') and sought its nullification by a declaration.2. The petitioner owns about 5 acres of irrigated land located in villages Arana, Sahu Sahi, Brahmana Bhuin and Berhampur in the district of Cuttack and has been receiving supply of water from Taladanda canal, which is an irrigation work classified as First class under the Act and the Rules framed thereunder.3. Orissa Irrigation Act, 1959, was enacted with a view to consolidating and amending the laws relating to irrigation, assessment and levy of water rate and cess in force in different parts of the State of Orissa. The scheme of the Act indicates that the lands within the irrigable command would be liable to compulsory basic water rate...
Sri Ainthi Dalabehera and ors. Vs. Government of Orissa Represented by ...
Court: Orissa
Decided on: Nov-11-1991
Reported in: 1992(I)OLR154
R.C. Patnaik, J. 1. Aggrieved by an order dated 5-1-1989 passed by the Subordinate Judge, Bhubaneswar, in Title Suit No. 190 of 1985 directing the issue as to whether the suit had been undervalued to be taken up and decided as a preliminary issue, the plaintiffs have invoked the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure.2. In respect of 5.21 acres of land the plaintiffs sought declaration of their title and for a declaration that the entry of the names of the defendants in the Record-of-Rights was erroneous and for permanent injunction. They valued the articles for 2 lacs for the purpose of Court-fee and jurisdiction. The defendants challenged the valuation put by the plaintiffs alleging that the suit had been grossly undervalued. Originally six issues were framed and parties went to trial. After closure of the plaintiffs evidence, an application was filed on behalf of the defendants stating that an issue as to the undervaluation of the plan...
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