Orissa Court February 1991 Judgments
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Administrator, Shri Jagannath Temple Vs. Jagannath Padhi and ors.
Court: Orissa
Decided on: Feb-21-1991
Reported in: 71(1991)CLT752; [1992(65)FLR946]; (1992)IILLJ863Ori; 1991(II)OLR251
Pasayat, J.1. A short but interesting question relating to applicability of the provisions of the Payment of Gratuity Act, 1972 (in short the 'Act') to the employees of Shri Jagannath Temple (in short the 'Temple') forms subject-matter of dispute in this application.2. There is practically no factual controversy. Opposite Party No. 1 (described hereinafter as the 'Claimant') was an employee of the famous temple of Lord Jagannath at Puri and retired on superannuation with effect from April 31, 1983. On an application being made by him, the authorities under the Act held that the Temple was liable to pay gratuity to the claimant. They did not accept the contention raised that the Temple was not an 'establishment' to come within the ambit of Section 1(3) (b) of the Act. A reference was made to the definition of 'establishment' within the meaning of the terms as given in the Industrial Disputes Act, 1947 and the Orissa Shops and Commercial Establishments Act, 1956 for negativing the conten...
National Insurance Co. Ltd. Vs. Sudarsan Bhuyan and anr.
Court: Orissa
Decided on: Feb-20-1991
Reported in: 1992ACJ511
S.C. Mohapatra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') filed by the insurer.2. Respondent No. 1 is the younger brother of deceased and respondent No. 2 is the owner of a truck bearing registration No. ORU 4771 in respect of which appellant has covered risk under terms of policy. Deceased Trilochan was a helper in the truck employed by the owner on 21.1.1989. While deceased was moving in the truck in course of and arising out of his employment as helper, the truck faced with an accident resulting in fatal injuries on the deceased to which he succumbed on 22.1.1989.3. Respondent No. 1 filed an application for compensation of Rs. 90,000/- under the Act asserting in his application that deceased was aged 20 years and was receiving Rs. 1,000/- as his monthly wages. It was further asserted that being the minor brother applicant is a dependant and is entitled to the compensation. Deceased presented the application...
National Insurance Company Vs. Sudarsan Bhuyan and anr.
Court: Orissa
Decided on: Feb-20-1991
Reported in: II(1991)ACC687
S.C. Mohapatra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act) filed by the insurer.Respondent No. 1 is the younger brother of deceased and respondent No. 2 is the owner of a truck bearing registration No. ORU 4771 in respect of which appellant has covered risk under terms of policy. Deceased Trilochan was a helper in the truck employed by the owner on 21.1.1989 while deceased was moving in the truck in course of and arising out of his employment as helper, the truck faced with an accident resulting in fatal injuries on the deceased to which he succumbed on 22.1.1989.2. Respondent No. 1 filed an application for compensation of Rs. 90,000/- under the Act asserting in his application that deceased was aged 20 years and was receiving Rs. 1,000/-as his monthly wages. It was further asserted that being the minor brother applicant is a dependent and is entitled to the compensation. Deceased presented the application himse...
Gurumurti Digal Vs. Ashok Kumar Digal and anr.
Court: Orissa
Decided on: Feb-19-1991
Reported in: 71(1991)CLT748; 1992CriLJ1917
ORDERG.B. Patnaik, J.1. The father of the victim girl has invoked the jurisdiction of this Court Under Section 439(2) of the Code of Criminal Procedure for cancelling the bail of opposite party No. 1 against whom the allegation is that he kidnapped the minor victim girl Gitanjali and committed rape on her. The petitioner lodged the FIR on 6-6-1990 at 12 Noon stating therein that his daughter Gitanjali was not found from the house since 1-6-1990. After expiry of 4 days on getting intimation that Gitanjali was seen in the company of opposite party No. 1 at Jigina Gaon, the petitioner went and rescued his daughter. It was learnt from the daughter that opposite party No. 1 had committed rape on her on several occasions by temptation and by force and, therefore, appropriate criminal action should be taken. Opposite party No. 1 was taken into custody on 9-6-1990. The said opposite party No. 1 having moved an application for bail, the learned Sessions Judge disposed of the application releasi...
Malati Sahu Vs. Bhagyadhar Sahu
Court: Orissa
Decided on: Feb-18-1991
Reported in: 1991(I)OLR331
D.P. Mohapatra, J.1. The petitioner Malati Sahu is the wife of the opposite party Bhagyadhar Sahu. She filed this revision petition Under Section 401, Criminal Procedure Code (Cr. P. C.) assailing the order passed by the Subdivisional Judicial Magistrate, Jaipur (S. D. J. M. ) rejecting her application for maintenance Under Section 125, Cr. P. C.2. The case of the petitioner, shorn of unnecessary details, was that she married the opposite party in the month of Baisakh, 1978 according to Hindu customs and rites: they lived happily as husband and wife for about two years; a son was born to them in 1980. Thereafter the opposite party wanted her to get Rs. 5000/- from her parents since the dowry given at the time of her marriage was inadequate. When she protested he assaulted her and drove her out from his house. A complaint was lodged with the Exeru- tive Magistrate and the police was directed to enquire into the muter. On the intervention of the police and local gentries the dispute was ...
New India Assurance Co. Ltd. Vs. Braja Kishore Sutar and anr.
Court: Orissa
Decided on: Feb-15-1991
Reported in: 1992ACJ715; 73(1992)CLT815; (1993)ILLJ85Ori; 1991(I)OLR246
Hansaria, C.J.1. The question referred to this Bench is whether Rule 28 of the Workmen's Compensation Rules, 1924 (shortly called 'the Rules') is mandatory. The question has been referred because of different views taken by this Court in different decisions.2. Rule 28 is one of the rules framed by the Government to carry out the purposes of the Workmen's ompensation Act, 1923 and deals with framing of issues. It reads as below:'28. Framing of issues - (1) After considering any written statement and the result of any examination of the parties, the Commissioner shall ascertain upon what material propositions of fact or of law the parties are at variance and shall thereupon proceed to frame and record the issues upon which the right decision of the case appears to him to depend. (2) In recording the issues, the Commissioner shall distinguish between those issues which in his opinion concern points of facts and those which concern points of law.' Relying on the use of the word 'shall' in ...
Land Acquisition Officer Vs. Chintamani Behera and ors.
Court: Orissa
Decided on: Feb-15-1991
Reported in: 1991(I)OLR273
B.L. Hansaria, C.J.1. The point for determination in this appeal is whether a person whose land has been acquired under the provisions of the Land Acquisition Act, 1894 (shortly called 'the Act') would be entitled to interest contemplated by Sections 28 and 34 of the Act from the date of taking possession of the land even if the same be prior in point of time to the date of the award, or for that matter, the date of notification Under Section 4(1) of the Act. The learned single Judge who examined the matter having rejected the contention advanced on behalf of the Land Acquisition Office that interest for the aforesaid period cannot be granted, this appeal has been preferred.2. It is urged by Shri Das, learned Additional Government Advocate, that as possession of the land can be taken in view of what has been stated in Section 16 of the Act after an award has been made Under Section 11, the interest contemplated by the aforesaid two sections has to run from the date possession of the la...
Dubu Budu Vs. Dubu Bairadu and anr.
Court: Orissa
Decided on: Feb-13-1991
Reported in: 71(1991)CLT566; 1991(I)OLR383
G.B. Pattnaik, J.1. Complainant is the petitioner and in this petition assails the order of the learned Magistrate dismissing the complaint Under Section 203.of the Code of Criminal Procedure.2. The case of the complainant is that he had purchased a pump set from the Agro Industries Corporation through the Andhra Bank and was giving the said pump set on hire to outsiders. Accused No. 1 took that pump set for one month on hire with the rental fixed at Rs. I00/- per day. He paid Rs. 400/- towards advance and after the period for hire expired when the complainant demanded the pump set and the balance dues, the accused did not return the same. To a complainant's registered notice, the accused replied that he had never taken the pump on hire from the complainant. On the other hand, it was stated that the complainant had sold the same to accused No. 2. Therefore the complainant filed the complaint case. Admittedly, the complainant had not taken anything in writing from accused No. 1 while gi...
State Vs. Musa and anr.
Court: Orissa
Decided on: Feb-13-1991
Reported in: 1991CriLJ2168
S.C. Mohapatra, J.1. Acquittal of two accused persons from charge Under ection 376, IPC for having committed rape on a married woman in her house is subject matter of this appeal.2. Victim lady is aged about 22 years. She lives with her young son, husband and mother-in-law. Accused persons aged about 40 and 45 years are their co-villagers.3. Prosecution case is that on 16-3-1984, at about 7 p.m. both the accused persons came to house of P.W. 6 and persuaded him for assistance in cooking the meat of a fowl brought by them. They sent P.W. 6 to collect balance amount from Babru Behera (not examined) to whom more money than price of fowl was paid. At that time mother-in-law of P.W. 7 was in a room. P.W. 7 was doing some work and for that was standing on the outer varandah of their house. After P.W. 6 left, both the accused persons called P.W. 7 to go inside for finding out tamarind. When P.W. 7 declined, both accused caught hold her two hands and dragged her inside the house. When she shou...
Tirtha Naik Vs. State
Court: Orissa
Decided on: Feb-13-1991
Reported in: 1991CriLJ2182
ORDERS.C. Mohapatra, J.1. Petitioner in this revision has assailed appellate order confirming his conviction Under Section 47(a) of the Bihar and Orissa Excise Act (hereinafter referred to as 'the Act') and modified sentence.2. Prosecution case is that at about 1-30 p.m. on 21-8-1983, P.W. 4 the Sub-Inspector of Excise in course of is patrol duty detected the accused carrying a bag. On suspicion, he detained the accured and on search of the bag, he recovered one rubber bladder containing 10 litres of I.D. liquor and one bottle containing 0.375 mili-litre of I.D. liquor. Bag with bladder and bottle having I.D. liquor were seized from the accused whereupon prosecution report was submitted. Plea of accused in defence is one of complete denial.3. At the trial, prosecution examined four witnesses, proved the seizure list and produced bag, rubber bladder and the bottle as material objects. Appreciating evidence on record, trial court convicted the accused and sentenced him to simple imprison...
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