Orissa Court March 1991 Judgments
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Somanath Bhataria Vs. Punananda Bhataria and ors.
Court: Orissa
Decided on: Mar-15-1991
Reported in: 1991(I)OLR445
P.C. Misra, J.1. This revision is directed against an order dated 4-5-1W passed by the learned Subordinate Judge, Jagatsinghpur in title Suit No. 111 of 1984 holding, that the suit has abated Under Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1872 (hereinafter referred to as the 'Act').2. The plaintiff in the aforesaid suit is the petitioner in this revision. The suit is one for partition wherein the plaintiff has claimed 1/6th share in A Schedule, 1/4th share in '8' Schedule and 1/2 share in C Schedule properties. The plaintiff is the son of opp. party No ..According to him, his Mther (O.P. No. 7) was adopted by opp. party No. 1 and, therefore, he has interest in the joint family properties. He also relied upon a document acknowledging adoption of present opp. party No 7. The defendants in the. suit filed different sets of written statements and they have disputed the factum of adoption as alleged by the plaintiff. According to ther...
Nityananda Mohapatra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-15-1991
Reported in: 71(1991)CLT801; 1991CriLJ3006
G.B. Patnaik, J.1. Both these appeals are directed against the judgment of the learned Sessions Judge, Puri, in sessions Trial No. 141 of 1983. The appellants in Criminal Appeal No. 264 of 1984 are the four accused persons who have been convicted by the learned Sessions Judge under Section 302/34, Indian Penal Code, and have been sentenced to undergo imprisonment for life. The State is the appellant in the Government Appeal assailing the order of acquittal in respect of 9 other accused persons.2. 13 accused persons stood charged under Section 302/149, Indian Penal Code, for having formed an unlawful assembly in prosecution of their common object to commit murder of Tani Panda and they were also charged under Section 302/34, Indian Penal Code, on the allegation that Tani Panda was murdered in furtherance of their common intention. All of them stood charged also under Section 148, Indian Penal Code, and accused Hadibandhu alone was charged under Section 341, Indian Penal Code, for having...
Sri Kshetramohan Ojha and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-13-1991
Reported in: 1991(I)OLR408
P.C. Misra, J.1. On the suggestion of the learned counsels for both parties, this case was taken up for final hearing.2. Borikhi High School in the district of Cuttack is a private school. Its management is governed by the Orissa Education (Management of Private Schools) Rules, 1980. The outgoing managing committee in its meeting held on 30-6-1987 recommended names of seven persons (opp. parties 4 to 10) to be included in the new managing committee for the next term. The Secretary of the managing committee by letter dated 4-7-1987 accordingly moved the Inspector of Schools who by letter dated 6-11-1987 (Annexure-3), accorded his approved. The petitioners claiming to be aggrieved by such approval preferred appeal before the State Government under Rule 5 of the aforesaid Rules. This appeal was heard and dismissed by the Hon'ble Minister, Education by the impugned order (Annexure~8) dated 30 9-1989. The Hon'ble Minister took the view that the Inspector not Having returned the proposal to ...
Divisional Manager, National Insurance Company Ltd. Vs. Subash Parida ...
Court: Orissa
Decided on: Mar-13-1991
Reported in: 1991(I)OLR433
A. Pasayat, J.1. In this appeal Under Section 110-D of the Motor Vehicles Act, 1939 (in short the 'Act') by National Insurance Company Ltd. (hereinafter referred to as the 'insurer'), a short but interesting point has been raised for determination,2. The insurer calls in question legality of an award made by Second Motor' Accident Claims Tribunal (S. D.), Berhampur (in short 'the 'Tribunal') quantifying entitlement of one Subash Parida, respondent No 1 at Rs. 8,500/- being compensation for loss of two buffaloes who died on account of an accident, damage to his cart and personal injury received. The offending vehicle bearing registration No. ORG 7797 was claimed to be insured with the insurer. The insurer denies its liability to indemnify the award, so far as the owner of the vehicle is concerned, on the ground that though the vehicle was insured with it on the date of accident i.e. 11-1- 1986, it was not insured by the time the accident took place, and the insurance was taken some hour...
National Aluminium Co. Ltd. Vs. R.S. Builders (India) Ltd. and ors.
Court: Orissa
Decided on: Mar-08-1991
Reported in: AIR1991Ori314; [1994]79CompCas379(Orissa); 1991(I)OLR401
Hansaria, C.J.1. An important question relating to enforcement of bank guarantee has come up for consideration in this revision. The learned single Judge who dealt with the matter having noticed an apparent conflict in two decisions rendered by this Court in C.R. No. 281 of 1986 (Kartar Singh Randhir Singh Gandhi v. National Aluminium Co. Ltd. disposed of on 15-9-1986) and C. R. No. 273 of 1987 (Press Steels and Fabrication Pvt Ltd. v. National Aluminium Co. Ltd., disposed of on 30-7-1987) has referred this matter to a larger Bench.2. As we are concerned with the enforcement of bank guarantee which is playing an important and increasing role in the commercial world, it would be in fitness of things to state at the threshold that like irrevocable letter of credit, bank guarantee provides a mechanism of great importance in internal trade and commerce. Any interference with this mechanism is bound to have serious repercussions on trade and commerce. As such, except under exceptional circu...
Sirajur Raheman Vs. Nasim Banoo and anr.
Court: Orissa
Decided on: Mar-08-1991
Reported in: 71(1991)CLT547; II(1991)DMC82
G.B. Patnaik, J.1. Husband is the petitioner and has invoked the inherent jurisdictian of this Court under Section 482 of the Code of Criminal Procedure against the order allowing amendment of the application. Opposite parties 1 and 2 who, arc the wife and the Son of the petitioner, filed an application in the Court of Sub Divisional Judicial Magistrate, Cuttack under Section 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 alleging therein that the petitioner has divorced his wife and is not maintaining the wife and the son. The petitioner, who was the opposite party before the Magistrate, filed objection denying the allegation that he has divorced his wife and in course of the proceeding, led evidence to that effect. While the matter was being argued, the opposite parties filed an application for amendment to insert a paragraph to the effect that 'even if it is held that the opposite party has not divorced his wife, then the petitioner is entitled to maintenanc...
T.P. Reddy Vs. Devaraj Panigrahi
Court: Orissa
Decided on: Mar-08-1991
Reported in: 1991(II)OLR263
J.M. Mahapatra, J.1. The revision is directed against the judgment and order dated 17-1-1987 of the learned Additional Sessions Judge, Jeypore maintaining the conviction of the petitioner Under Section 330, IPC and sentence of one year R. I. and fine of Rs. 500/- in default, S. I. for one month2. Briefly stated, prosecution case is that about one month prior to the incident, a false report against the complainant, PW 4 and others was lodged at B. Singpur Police Station by one Sunadhar Bhatra on the instigation of Tarini Charan Tripathy, the second accused in the comphint case (since convicted ). The petitioner was the Officer-in-charge of the aforesaid P. S.. He called the complainant, PW 4 and three others at about 9 A. M. and made them sit on the verandah of the P. S. till about 6 P. M. The petitioner without Informing the complainant and others what offence they had committed or as to why they were called to the P. S., took down their signatures on blank papers as if they were being...
Dolagovinda Pradhan and anr. and Basanta Kumar Biswal Vs. Bhartruhari ...
Court: Orissa
Decided on: Mar-08-1991
Reported in: 1991(II)OLR395
K.C. Jagadeb Roy, J.1. The Civil Revision Nos. 34, 40 and 46 of 1990 arise out of the common order dated 9-1-1990 passed in Original Suit No 48 of 1989 in the Court of the Subordinate Judge, First Court, Cuttack disposing of applications filed in the said suit. The said three applications are as follows:(A) A petition under Order 11, Rules 12 and 14 read with Section 151 of the Civil Procedure Code filed by the petitioner for discovery and production of documents as per the list given in Annexure-X to the Civil Revision No. 39 of 1990 which is the same as Annexure-A to the petition Under Section 276 of the Indian Succession Act.(B) A petition under Order 16, Rule 5 read with Section 151, CPC calling for documents, the list of which is given in Annexure-Y of the Civil Revision No. 39 of 1990.(C) The third application was filed for analogous hearing of Original Suit No. 48 of 1989 with Original Suit No. 831 of 1988, filed by the petitioner in Civil Revision. No. 46 of 1990 namely Basanta...
Oriental Fire and General Ins. Co. Ltd. Vs. Kamarun Bibi and anr.
Court: Orissa
Decided on: Mar-08-1991
Reported in: 1992ACJ172; 71(1991)CLT719
A. Pasayat, J.1. The only point which is involved in this appeal is the justification for levy of penalty and interest imposed under Section 4-A(3) of the Workmen's Compensation Act, 1923 (in short 'the Act').2. A brief reference to the factual position would be sufficient for disposal of this appeal.In Workmen's Compensation Case No. 10 of 1985, it was held by the Commissioner for Workmen's Compensation and Assistant Labour Commissioner, Balasore (in short 'the Commissioner') that the applicant in that case was entitled to compensation under the provisions of the Act to the extent of Rs. 63,059.20. The present appellant was held to be liable to pay the aforesaid amount of compensation within a period of thirty days; the order was passed on 3.8.1985; the quantified amount was deposited by the insurer on 14.10.1985. This position is undisputed. Three days prior to this deposit the Commissioner imposed penalty to the tune of 50 per cent of the quantified amount which came to Rs. 31,529.6...
Sri Laxman Kanda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-07-1991
Reported in: 1991(II)OLR50
L. Rath, J.1. An order having been passed by the opp. party No. 3, the Revenue Divisional Commissioner, Southern Division, on a reference made by the Collector in an encroachment case directing the land in question to continue under the Government Khata and for the petitioner to be evicted and such decision having been refused to be interfered with by the Board of Revenue (opp parly No. 4) in a further revision, the petitioner has approached this Court invoking its extraordinary jurisdiction.2. The facts which are not disputed, in a nutshell are that the land is situate in the district of Kalahandi and the petitioner in the record-of- rights published in 1945 was shown in the remarks column thereof as possessing the land. An encroachment proceeding was started against him in respect of the land in the year 1971 but it was dropped A fresh proceeding was started on 14 10-1976 under the Orissa Prevention of Land Encroachment Act, 1972 (Act 6 of 1972) (hereinafter referred to as 'the Act')...
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