Orissa Court March 1991 Judgments
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State of Orissa Vs. Shanti Devi and ors.
Court: Orissa
Decided on: Mar-22-1991
Reported in: AIR1992Ori144
K.C. Jagadeb Roy, J. 1. This batch of miscellaneous appeals are heard together as a common question of law has been raised in all the appeals. Before dealing with the cases, it is necessary to mention the facts leading to these miscellaneous appeals.2. One Mahabir Prasad Agarwalla, a contractor, had entered into several contracts with the State of Orissa for execution of the work in connection with improvement of National High Ways under the N. H. Division, Baripada. According to the present appellant work was completed in 1965 and final bills were paid during 1966 to the Contractor in full and final settlement of works and accounts. After lapse of a long 9 years, contractor Agarwalla raised some disputes and requested the Chief Engineer, National High Way, Orissa for appointment of an Arbitrator to decide the same. Sri B. N. Das, the Superintending Engineer was appointed as an Arbitrator in the cases. Sri Das was, however, removed by the Court and Sri G.S. Patnaik, the then Chairman o...
Ganesh Rice Mills and anr. Vs. Attabira Regulated Market Committee and ...
Court: Orissa
Decided on: Mar-21-1991
Reported in: 1991(II)OLR58
L. Rath, J.1. The Attabira Regulated Market Committee (opp. party No. 1 ) having levied and collected market fees from the petitioners in respect of the paddy purchased by them from villages Sahara Tikra and Bheden the petitioners have approached this Court with the case of such fee not being either leviable or collectible2. The opp. party No. 1 has not appeared in spite of notice on it being sufficient. It is the petitioners' case that the villages Sahara Tikra and Bheden are not within the market area of the opp. party No. 1 and that merely because the petitioners are obliged to carry the paddy on the National Highway which passes through the market area of the opp. party No. 1, the market fee has been levied and collected though the petitioners were transporting the paddy to Bargarh Rice Mill for the purpose of milling. It is the submission of Mr. Padhi, the learned counsel appearing for the petitioners, that on the one hand there is no authority to levy such market fee and on the o...
Puranda Behera Vs. Dr. Narayan Shankar Behera
Court: Orissa
Decided on: Mar-20-1991
Reported in: 1991(I)OLR455
A. Pasayat, J.1. Dismissal of a suit on the ground that it is barred by law of limitation, has brought the plaintiff before this Court.2. The genesis of the order was a petition filed by the defendant purported to be one under Order 14, Rule 2 of the Code of Civil Procedure, 1908 (in short the 'Code') to determine the issue relating to limitation as a preliminary issue, and to dismiss the same on the ground of limitation. Though another prayer relating to jurisdiction of the Court was raised, the same was abandoned. The learned Subordinate Judge, Sundargar was of the view that question relating to limitation was a question of law and could be decided as a preliminary issue. He referred to certain statements alleged to have been made by the plaintiff and held that on the facts it was established that the suit which was one for specific performance of a contract was barred by limtation The sole question to be decided it this, revision application, is whether the issue relating. to limita...
Smt. Manorama SwaIn Vs. Giridhari Swain
Court: Orissa
Decided on: Mar-19-1991
Reported in: 1993CriLJ2595; II(1991)DMC606
S.C. Mohapatra, J.1. Dismissal of the application under Section 125, Cr. P.C. is the grievance of the wife in this revision.2. Case of petitioner is that she is legally married of opposite party, on 7-5-1977. While both were leading a happy conjugal life, she gave birth to a male child who unfortunately succumbed. Thereafter, opposite party started to ill-treat her and did not provide her food and clothing. At times she was also being assaulted. Ultimately, on 3-10-1980 she was driven out from the house of opposite party. Finding no other alternative, she is taking shelter in the house of her parents and is leading a miserable life. Request for maintenance was given a deaf ear. Lastly, opposite party married for a second time in the year 1981.3. Opposite party contested application. While admitting marriage, birth of a child and separation after death of the child, opposite party asserted that petitioner did not agree to live with him and she was leading a free and adament life. She de...
Khitish Kumar Purohit Vs. State of Orissa
Court: Orissa
Decided on: Mar-19-1991
Reported in: 1991(II)OLR66
J.M. Mahapatra, J.1. The revision is directed against the judgment and order dated 22-8-1987 of the learned Sessions Judge, Sambalpur maintaining the conviction of the petitioner Under Section 294,IPC and sentence of fine of Rs. 250/-, in default to undergo S. I, for 30 days.2. Shortly stated the fact of the case are that on 31-10-1984 the petitioner a teacher of Hirakud High School came to the school late but entered in the Attendance Register as 10 30 A. M. The informant (PW 1), the Headmaster of the school objected to this and underlined the wrong entry in the attendance register The petitioner coming to know of this challenged PW 1 ; and it is alleged that he hurled abuses in obscene words at PW 1 to the effect 'ETA KAAN LAUDA'. He also threatened PW 1 with dire consequences. On the report of the Headmaster PW 1, a case was registered, investigation taken up and charge sheet was submitted against the petitioner Under Section 294, IPC.3. The plea of the petitioner at the trial was o...
Kamala Kanta Mohapatra and anr. Vs. Debarchan Seth and anr.
Court: Orissa
Decided on: Mar-18-1991
Reported in: AIR1992Ori52
ORDERA. Pasayat, J.1. In this revision application challenge is to the order of rejection of a petition under Order 21, Rule 90, Code of Civil Procedure, 1908 (in short 'Code'), filed by the judgment-debtors, in an execution proceeding. Scope and ambit of several provisions of Order 21, CPC are involved in this petition.2. Factual position delineated in outline is as follows.A money decree was obtained by the opposite party No. 1 (described hereafter as 'the decree-holder') against the petitioners (described hereafter as 'the judgment-debtors') and the decree was put to execution by the former against the present petitioners, and opposite party No. 2 for realisation of a sum of Rs. 1886.17. The execution case was numbered as Execution Case No. 57 of 1977, and Ac.6.80 decimals of land was put to auction on 17-8-1985, and sold for Rs. 6,700/-. The judgment-debtors filed a petition under Order 21, Rule 90, CPC to set aside the auction sale on the grounds of irregularities in publishing an...
The Branch Manager, the Oriental Fire and General Insurance Co. Ltd. V ...
Court: Orissa
Decided on: Mar-18-1991
Reported in: 1992ACJ390; AIR1991Ori310
A. Pasayat, J.1. The appeal by the Oriental Fire and General Insurance Company Limited (described in short as 'the insurer') and the cross-objection by claimants who are the dependents of one Krishna Murthy the victim of an accident, question the correctness of an award passed by the Second Motor Accidents Claims Tribunal, Southern Division Berhampur (in short 'the Tribunal').2. While the insurer characterises the quantum of entitlement quantified at Rs. 60,000/- to be exhorbitant, the claimants assert that it is on lower side and the entitlement should be enhanced.3. The factual position is almost undisputed. The claimants' case is that on 16-8-1985 a truck bearing registration No. OSS 61 belonging to Taleswar Pandey, respondentNo. 7 in this appeal, dashed against the deceased Krishna Murty due to reckless driving causing his instantaneous death; the deceased was working as a peon in the Berhampur University since April, 1977 and continued in the employment of the University till his ...
A. Chandrabati Vs. Laxmi Dei
Court: Orissa
Decided on: Mar-18-1991
Reported in: AIR1991Ori289; 1991(I)OLR415
A. Pasayat, J.1. Letters of Administration in respect of a Will alleged to have been executed by one A. B. Anajee having been granted in favour of one Shrimati Laxmi Dei, her sister-in-law has come before this Court for relief.2. This is second journey of the parties to this Court in the following background.A. B. Amajee (hereinafter described as 'the testatrix') is the daughter of one E. Kanhaya whose sister is A. B. Amadu. The said A. B. Amadu is the grandmother of A. Bhaikar Rao and Laxmi Dei. A. Bhaskar Rao's sister Laxmi and widow A. Chandrabhati are the contesting parties. According to Laxmi (also described as 'the propounder'), a Will was executed by the testatrix on 17-2-1957 stipulating inter alia that after the death of A. B. Anajee, Laxmi and A. Bhaskar Rao shall get the properties. It centained a further stipu-lation that if any of the legatees died without leaving behind any son or daughter, the properties would go to the other legatee. A Bhaskar Rao died on 19-9-1974 issu...
Rabisankar Choudhury and anr. Vs. Orissa State Financial Corporation a ...
Court: Orissa
Decided on: Mar-15-1991
Reported in: AIR1992Ori93
Hansaria, C.J.1. The Government slogan of 'One thousand industries in one thousand days with one thousand crores' given in 1980 as a part of the 20-point economic programme caught the attention of petitioner No. 1 (hereinater referred to as 'the petitioner') who is an educated unemployed youth. He planned to set up a cold storage unit and for this purpose registered his company with the District Industries Centre as well as with the Orissa Small Industries Corporation. A feasibility report for the set up of the unit was prepared by the Orissa Industrial and Technical Consultancy Organisation which is a subsidiary of the Industrial Development Bank of India. The petitioner also purchased Ac. 1.12 of Sthitiban land on the southern side of Kathjori river at a price of Rs. 25,000/- for the establishment of the unit. This was in February, 1981. In September, 1981, he applied for a loan of Rs. 30,00,000/-. The loan came to be sanctioned vide communication of the Orissa State Financial Corpor...
Prasanna Kumar Mitra Vs. Pravati Khatei and ors.
Court: Orissa
Decided on: Mar-15-1991
Reported in: 1991ACJ1046; AIR1991Ori312
G.B. Patnaik, J.1. The owner of the vehicle is the appellant and assails the order of the Motor Accidents Claims Tribunal where-under the Tribunal has determined the compensation to the tune of Rs. 1,00,000/- and has directed that owner should pay Rupees 50,000/- and the insurer should pay Rupees 50,000/-.2. In the claim petition it was alleged that on 11-10-1981 at 5 p.m. while the deceased was coming on foot to Chandrabhaga on the Marine Drive Road, the offending vehicle bearing registration number O.S.P. 671 came at a high speed and dashed against the deceased who fell down unconscious and later died on his way to the hospital. The owner as well as the insurer filed their respective objections before the Tribunal stating therein that the deceased in fact forced his entry into the vehicle and he not being a passenger for hire or reward at the time when the accident took place was not entitled to claim any compensation under the provisions of the Motor Vehicles Act.3. The Tribunal fra...
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