Orissa Court April 1991 Judgments
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Indian Aluminium Co. Ltd., Hirakud Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-22-1991
Reported in: AIR1992Ori100
G.B. Patnaik, J.1. Plaintiff is the appellant against the judgment and decree of the Subordinate Judge, Sambalpur, in Title Suit No, 21 of 1981 for declaration that plaintiff is not liable to pay any rent under the provisions of the Orissa Survey & Settlement Act for the lands described in Schedule A of the plaint and for a declaration that defendant No. 1 and its officers have no jurisdiction to fix, assess or realise rent from the plaintiff under the Orissa Survey & Settlement Act.2. Plaintiff's case, in brief, is that under two registered lease deeds dated 20-11-1962 and 25-5-1964 executed by the Deputy Commissioner, Sambalpur for the defendants and the Managing Director of the plaintiff-Company, the disputed lands had been given on lease to the plaintiff on an annual rent of Rs. 25/ - per acre with a proviso that the rent is liable to be enhanced after expiry of 25 years not exceeding 50 per cent of the rent payable at the time of enhancement. Notwithstanding the aforesaid terms an...
Sridhar Samal Vs. Board of Secondary Education, Orissa
Court: Orissa
Decided on: Apr-22-1991
Reported in: AIR1992Ori139
D.P. Mohapatra, J.1. Sridhar Samal, a scheduled caste youth, filed this writ application against the Board of Secondary Education, Orissa represented by its Secretary seeking to a writ of mandamus to direct the opposite party to supply his mark-sheet and provisional pass certificate of the Annual High School Certificate Examination held in 1982 within the time specified.2. The relevant facts as stated in the writ application may be stated thus:The petitioner was a student of the Lower Primary School and Middle English School at Choudwar till 1975. He was admitted in the Municipal High School, Choudwar in July, 1975 where he read up to 1978 in Classes VIII, IX and X. On account of poverty and illness he discontinued his studies from 1978 to 1981 and got himself admitted to Narendra Kumar Parida Ucha Vidyapitha. Maninathpur in July, 1981 in Class XI, he was sent up as a regular candidate of the school to appear in the Annual High School Certificate Examination of 1982 and took the examin...
Rama Chandra Das and anr. Vs. Sudhir Kumar Das and ors.
Court: Orissa
Decided on: Apr-18-1991
Reported in: 1991(I)OLR544
P.C. Misra, J.1. This revision has been filed by the plaintiffs in O.S. No. 74 of 1983-1 of the Court of Additional Munsif, Balasore, against an order passed by the learned Additional Munsif directing the plaintiffs to take return of the plaint under Order 7, Rule 10-A of the Code' of Civil Procedure. At the stage of admission, notice of admission and hearing was sent to the opp. parties pursuant to which some of the opp. parties had appeared and contested the case.2. The plaintiffs in the aforesaid suit have .prayed for a declaration that certain sale deeds are sham, collusive and inoperative and for partition of schedules 'B' and 'C properties by metes andd bounds. The suit was valued at Rs. 1850/- and fixed court-fee worth Rs. 22. 50 was paid thereon. The defendants appeared in different sets and filed separate written statement. Six issues were framed by the Court whereafter date of hearing was fixed Un the date of hearing plaintiffs began examining their witnesses. Plaintiff No. 2...
Subhadra Singh and anr. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-16-1991
Reported in: AIR1991Ori328
S.C. Mohapatra, J.1. Heard Mr. S.Mishra-1, learned counsel for the petitioners and Mr. Ashok Mohanty, learned standing counsel for the Central Government.2. Petitioner No. 1 is a postal employee. She was staying in a quarter allotted to her father who was also a postal employee. She is continuing in the said quarter for which rent and other charges are paid by her. Despite it, a proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act was initiated against her to end in her eviction order. Against this, petitioner has preferred an appeal and obtained an order of interim stay. On a date to which the appeal was posted, the senior Standing Counsel of the Central Government appeared and filed objection to the interim stay granted, and moved to vacate the interim order. On copy being served on learned Counsel for petitioner, matter was heard that day. It was brought to notice of the appellate authority that pursuant to order of the Central Administrative Tribunal, anoth...
Sharma S.D. Vs. Ramesh Mahakud and anr.
Court: Orissa
Decided on: Apr-16-1991
Reported in: 1993ACJ385; (1999)IIILLJ418Ori
S.C. Mohapatra, J. 1. These three appeals by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arise out of the same accident. All the three appeals having arisen out of the common order, they are heard together and are disposed of in this common judgment.2. Truck bearing registration No. ORJ 4474 belonging to the appellant risk of which covered by respondent No. 2, the insurer, under terms of the policy was returning from Raxding to Nadidih mines on April 15, 1982. Bahadur Munda, Ramesh Mahakud and Mangal Munda were travelling in the truck. Near Jamdih, truck met with an accident. Bahadur and Mangal sustained fatal injuries and Ramesh was injured. Bahadur and Ramesh were coolies in the truck whereas Mangal was driver of another truck belonging to the appellant. Widows of deceased Bahadur, deceased Mangal and Ramesh himself claimed compensation under the Act on account of deaths and injuries respectively. Since the risk in resp...
Dr. Radhanath Rath and anr. Vs. Biraja Prasad Ray
Court: Orissa
Decided on: Apr-16-1991
Reported in: 1992CriLJ938; 1991(II)OLR492
S.C. Mohapatra, J.1. Both accused persons convicted Under Section 501, IPC and sentenced to pay a fine of Rs, 50/- each are petitioners in this revision.2. On 12-12-1978, a news item was published in the Oriya Daily Newspaper 'the Samaj' of which petitioner No. 1 is the Editor and petitioner No. 2 is the Publisher. In the news it was stated that complainant was arrested and brought to Court in handcuff on account of which the arresting Officer was transferred within 24 hours, a security proceeding Under Section 110, Cr. P. C, in which 139 persons were examined was forwarded to Court of Sub-divisional Judicial Magistrate,, Cuttack against the petitioner on 4-11-1978 for initiating a proceeding and complaint gave shelter to some of the dacoits at his Jobra residence who were connected with four incidents those took place in Badambari colony.3. Alleging that the aforesaid printing and publication is defamatory against complainant, he filed the complaint on 20th December, 1978, After enqui...
Dhuliram Patnaik and anr. and Ranjit Kumar Ashe Vs. Union of India (Uo ...
Court: Orissa
Decided on: Apr-16-1991
Reported in: 71(1991)CLT853; 1991(I)OLR422
B.L. Hansaria, C.J.1. The petitioners while approaching this Court in July, 1985 assailed the constitutionality of Art 323-A of the Constitution and the vires of the Administrative Tribunals Act, 1985 (for short 'the Act'). They also impugned establishment of the Orissa Administrative Tribunal (hereinafter, 'the Tribunal') by the Central Government in exercise of the power Under Section 4(2) of the Act. They further felt aggrieved at the non-sitting of the Tribunal at Cuttack which is the seat of the High Court. The last grievance related to the appointment of Shri Cian Chand, retired I. A. S., to the post of Chairman of the Tribunal.2. The scene, however, changed in December, 1986 in the wake of the decision of the Apex Court in S. P. Sampath Kumar v. Union of India, AIR 1987 SC 386. After this rendering by a Constitution Bench, Shri Dora appearing for the petitioners has urged the following two points for our consideration :(1) There should be a permanent Bench of the Tribunal at Cut...
Khirod Nayak Vs. Commissioner for Workmen's Compensation and Ors.
Court: Orissa
Decided on: Apr-16-1991
Reported in: II(1991)ACC441; 1991(I)OLR559
ORDERB.L. Hansaria, C.J.1. In important point of law needs' determination in this application under Arts. 226 and 227 of the Constitution the same relates to the liability of the insurer to pay penalty'- Visualised by Section 4-A(3) of the Workmen's Compensation Act, 1923 (for short the Act').2. The question arises on these facts.. The petitioner was an employee of opp, party No, 2. He was engaged as a helper in a tanker. He was involved in an accident in which he suffered severe , bodily injuries. He claimed compensation as permitted by the Act. The Commissioner for Workmen's Compensation after a full fledged hearing, by his award dated 3rd November, 1987, determined the amount of compensation payable at Rs. 54, 460. 35. He thereafter stated as below:'As the vehicle in question of the O.P. No. I was validly insured with the Oriental- Insurance Co. Ltd. vide Policy No. 31511/MB/- 233/86-Comp. covering the date of accident, the Insurance Company stated above is to pay the amount of- com...
Sauti Jena and anr. Vs. State
Court: Orissa
Decided on: Apr-16-1991
Reported in: 1991(I)OLR549
ORDERL. Rath, J.1. Order No. 5 dt 16-4-1991-This is an application for bail where the arrest of the petitioner has been made in connection with the contravention of the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act. Bail has been refused by the S. D J. M. as well as the Sessions Judge being of the view that Section 37 of the Act is a bar against grant of bail. It appears that the petitioner was arrested on 5/6-3-1991 and was produced before the Magistrate of on 7-3-1991 on which day he was remanded to custody. Section 36-A of the N. D P. S: Act makes provision in Sub-section (1) (b) thereof: that when a person accused of of suspected- of the commission of an; offence under the Act is. forwarded to a- Magistrate under Sub-sec (2) or Sub-section (2-A). of Section 167 Cr. P. C. such Magistrate may authorise the- detention of such person in such custody as he thinks fit for a period not- exceeding fifteen days in the whole where such Magistrate is a Judicial ...
S.D. Sharma Vs. Ramesh Mahakud and anr.
Court: Orissa
Decided on: Apr-16-1991
Reported in: II(1994)ACC139
S.C. Mohapatra, J.1. The three appeals by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arise out of the same accident. All the three appeals having arisen out of the common order, they are heard together and are disposed of in this common judgment.2. Truck bearing registration No. ORJ 4474 belonging to be appellant risk of which was covered by respondent No. 2, the insurer, under terms of the policy was returning from Raxding to Nadidih mines on 15.4.1982. Bahadur Munda, Ramesh Mahakud and Mangal Munda were travelling in the truck, near Jamdih, truck met with an accident. Bahadur and Mangal sustained fatal injuries and Ramesh was injured. Bahadur and Ramesh were coolies in the truck whereas Mangal was driver of another truck belonging to the appellant. Widows of deceased Bahadur, deceased Mangal and Ramesh himself claimed compensation under the Act on account of deaths and injuries-respectively. Since the risk in respect o...
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