Orissa Court April 1992 Judgments
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New India Assurance Co. Ltd. Vs. Minalata Ray and anr.
Court: Orissa
Decided on: Apr-04-1992
Reported in: 1993ACJ52; 74(1992)CLT251
B.L. Hansaria, C.J.1. An application was filed on 10.9.1986 by respondent No. 1 under Section 110-A of the Motor Vehicles Act, 1939 (for short, 'the Act') before the Motor Accidents Claims Tribunal, Cuttack praying for awarding a sum of Rs. 35,000/- as compensation for the damage caused to her tractor due to the negligent driving of truck No. OSC 8798 belonging to respondent No. 2 which was insured with the appellant. The application has come to be allowed by awarding compensation as prayed for along with interest and costs as indicated in the award. The legality of the same has been assailed in this appeal.2. The ground of challenge is that the Tribunal had no jurisdiction to entertain the claim petition. This submission has been advanced because of the following provision in Section 110(1) of the Act as it had stood after amendment brought about by Act 56 of 1969 which became effective from 2.3.1970:110. Claims Tribunals.-(1) A State Government may, by notification in the Official Ga...
Kanhei Rana and anr. Vs. Gangadhar SwaIn and ors.
Court: Orissa
Decided on: Apr-03-1992
Reported in: 1992ACJ1124; AIR1993Ori89; 74(1992)CLT228
A. Pasayat, J. 1. In this appeal by the unfortunate parents of one Laxmidhar Rana who lost his life on 30-l-l983, a very interesting point of seminal importance is involved. According to them, the deceased and some other labourers went in a truck bearing Registration No. OSC 4871 belonging to Gangadhar Swain and Jagannath Swain (respondents 1 and 2 in this appeal) to load wooden logs at Nrutang, After loading the truck with logs, the deceased was standing on the left side of the road and at that time the driver of the truck suddenly started the vehicle without using its horn and/ or without focussing the light, and dashed against the deceased. As a result of the impact, the deceased fell down on the road and left wheel of the truck ran over him. In a serious condition he was removed to Mahanga P.H.C. for treatment but succumbed to the injuries on the way to the hospital. The accident, according to the claimants, was caused due to rash and negligent driving of the vehicle. The owners of...
Sukur Pradhan and ors. Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Apr-03-1992
Reported in: AIR1992Ori281; 74(1992)CLT241; [1994]80CompCas443(Orissa)
Hansaria, C.J.1. The petitioners had stood as guarantors for due repayment of the loan granted to one Girija Shankar Panda by the Orissa State Financial Corporation. While doing so, they mortgaged their properties with the Corporation by depositing their title deeds. The loan was advanced to enable Girija Shankar to purchase a bus. The same was transferred to Sankarsan Panda, opposite party No. 3, on 31-3-1988. The petitioners agreed to continue to remain as guarantors for Sankarsan also. Sankarsan ran into default, and the outstanding as on 15-7-1989 was to the extent of Rs. 2,06,631/-. When Sankarsan did not repay the loan despite notice, the Corporation tried to seize the bus in question when it was found that the Regional Transport Officer, Sambalpur had seized the said bus for non-payment of taxes, which along with penalty came to Rupees 4,26,876/-. A negotiation was made with the Regional Transport Officer, Sambalpur by the officials of the Corporation to take the bus into their ...
Kanakalata Dwivedi Vs. M.M. Patnaik and Two ors.
Court: Orissa
Decided on: Apr-03-1992
Reported in: 74(1992)CLT533; 1993(I)OLR430
B.N. Dash, J.1. The order of the learned Additional Sessions Judge, Jajpur setting aside the order of the learned Sub-Divisional Judicial Magistrate. Jajpur (for short 'the S. D. J. M.') taking cognizance of the offences Under Sections 323 and 427, IPC, and directing issue of process against the present opposite parties is under challenge in this revision.2. The present petitioner, as complainant, filed a complaint petition in ICC Case No. 7 of 1987 in the Court of the S. D. J. M., Jajpur on 12-1-1987 alleging that on 8-1-1987 at about 12 noon the accused persons 1 to 3 (opp. parties 1 to 3 herein) working respectively as Executive Engineer, Sub-Divisional Officer and Overseer in the Irrigation Division, Jajpur came upon her land in plot No. 37 under Khata No. 385 of mouza-Dobhaoil in the company of five other unknown persons and uprooted her vegetable, plants with a view to dig drain and when she raised protest and stood on the land with a view to prevent them from digging earth, the ...
Gokulananda Patel Vs. Secretary, Sundargarh Wholesale Consumers Co-ope ...
Court: Orissa
Decided on: Apr-03-1992
Reported in: 1992(II)OLR54
B.L. Hansaria, C.J.1. The legal fight ultimately seems to be a shadow fight because the principal question posed before us is whether the petitioner could have been proceeded Under Section 67 of the Orissa Co-operative Societies Act. 1962 (for short, 'the Act'), or Section 68 thereof.2. To decide this point, we shall advert to the facts in brief. The petitioner was serving at the relevant time as the Secretary of the Co-operative Society in question. On audit being made, it was found that a sum of Rs. 81,450, 68 was recoverable from the petitioner because of commission of many alleged irregularities. The Assistant Registrar of Co-operative Societies, Sundargarh was approached by Annexure-1 to issue a decree in favour of the Society for realisation of the aforesaid sum with costs from the petitioner. This was taken to be a dispute case Under Section 68 of the Act and the Assistant Registrar found that the petitioner was liable to pay a sum of Rs. 48,687.78 and cost of Rs. 50/-. An appea...
Bhagaban Bhoi Alias Behera Vs. State
Court: Orissa
Decided on: Apr-03-1992
Reported in: 1993CriLJ286
S.C. Mohapatra, J. 1. In this application for bail by one of the six accused persons, it is submitted that other five accused persons are on bail and there being no overt act attributed to the petitioner, he should also be released on bail. 2. I called for the records of the other bail applications. It is true that one of the accused persons has been released on bail as there was no overt act attributed to him. Since this cannot be said to be a principle, said decision if not binding on me. Bail is personal to an accused. Allegation of commission of offence in this case is heinous in nature. Accordingly, in case those petitions would have been heard by me possibly, I might not have granted bail. Nature of commission of offence as alleged is to be taken note of while considering an application for bail for a non-bailable offence where normally accused is not entitled to bail unless special case is made out in respect of an accused. A person may not have committed an overt act. He may, h...
Kamadeb Baliarsingh and anr. Vs. State
Court: Orissa
Decided on: Apr-03-1992
Reported in: 74(1992)CLT739; 1994CriLJ1315
S.C. Mohapatra, J.1. This is an application under Section 439, Cr. P.C. by two accused persons.2. There are two villages in Bramhagiri Police-station, one is Bandhamunda and the other is Sunakhala. There is a water reservoir from which villagers of both the villages use water. On 1-11-1991, there was a dispute between groups of persons of the two villages. Fire arms were used causing injuries. Two reports were submitted in the Police-station by both groups.3. Accused persons have been arrested during investigation. Many of the accused persons of both the groups have been released on bail. Petitioners who belong to village Bandhamunda are in custody from the date of arrest.3A. Mr. Deepak Mishra, learned counsel for the petitioners submitted that background in which the offence is alleged to have been committed, nature of injuries and the effect of the arrest are to be taken into consideration keeping in mind that many other accused persons have been released on bail and in case these qu...
Kanhairana and anr. Vs. Gangadhar SwaIn and ors.
Court: Orissa
Decided on: Apr-03-1992
Reported in: II(1992)ACC362
A. Pasayat, J. 1. In this appeal by the unfortunate parents of one Laxmidhar Rana who lost his life on 30-1-1983, a very interesting point of seminal importance is involved. According to them, the deceased and some other labourers went in a truck bearing registration No. OSC 4871 belong to Gangadhar Swain and Jagannath Swain (respondents 1 and 2 in this appeal) to load wooden logs at Nrutang. After loading the truck with logs, the deceased was standing on the left side of the road and at that time driver of the truck suddenly started the vehicle without using its horn and or without focussing the light, and dashed against the deceased. As a result of the impact, the deceased fell down on the road and left wheel of the truck ran over him. In a serious condition he was removed to Mahanga P.H.C. for treatment but succumbed to the injuries on the way to the hospital. The accident, according to the claimants, was caused due to rash and negligent driving of the vehicle. The owners of the tru...
Golakha Chandra Jena Vs. Director General of Police and ors.
Court: Orissa
Decided on: Apr-02-1992
Reported in: 1993ACJ259; 74(1992)CLT259; 1992CriLJ2901; 1992(I)OLR565
B.L. Hansarla, C.J.1. Pramod Kumar Jena was involved in a number of cases under Section 395 IPC He was admittedly taken into custody on the night between 11th and 12th August, 1990, though, according to the petitioner, the arrest was on 10th August. He was thereafter brought to Kendrapara Police Station and was said to have been released from that Police Station on 15-8-1990, which is denied by the petitioner. Thereafter, he was again taken into custody in connection with sortie other cases under Section 395 IPC on the night between 22nd and 23rd August, 1990 and brought to Jajpur Road Police Station on 23-8-1990 at 9. 00 a. m. the petitioner's case is that on 24th August, 1990, he was informed by the police staff of Kendrapara that his son (Pramod) had committed suicide in Police Station of Jajpur Road. According to the petitioner, however, his son was intentionally murdered in the Police Station and his dead body was reduced to ashes despite his protest after refusing handing over of...
Arjun Ch. Samal and ors. Vs. Ananta Ch. Dash and ors.
Court: Orissa
Decided on: Apr-02-1992
Reported in: 1992(II)OLR302
J.M. Mahapatra, J.1. The revision at the instance of the second party members is directed against the order dated 21-5-1987 of the learned Executive Magistrate, Kendrapara in Criminal Misc. Case No. 73/86 allowing the interveners to be impleaded as parties, and holding the present proceedidg to be maintainable notwithstanding the pendency of a Title Suit bearing No. T. S. No. 368 of 1986 in the Court of the Munsif, Kendrapara.2. The short facts of the case be may briefly stated thus. The members of the first partyy (opp. parties 1 to 8) filed a petition Under Section 147 of the Code of Criminal Procedure before the Sub-Divisional Officer, Kendrapara alleging obstruction of public road by the villagers of Badanka, the members of 1he second party (petitioners). The learned Executive Magistrate after causing an enquiry through the Tahsildar, Aul, being satisfied that there was apprehension of breach of peace between the parties for exercising easementary rights over the path passing throu...
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