Orissa Court October 1993 Judgments
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Poorna Chandra Padhi @ Parida Vs. Narasingha Parida (Dead) His L. Rs. ...
Court: Orissa
Decided on: Oct-06-1993
Reported in: 1994(I)OLR56
S.C. Mohapatra, J.1. This is an appeal by she plaintiff against dismissal of the suit.2. Plaintiff is a minor Suit has been filed against his father (Defendant No. 3) claiming his half interest in the suit properties alleging that his father who has married for the second time being under influence of his second wife ill-treated plaintiff for which he is in custody and care of his father's sister. To protect his half share he filed the suit through his next friend, who is his father's sister.3. Trial Court dismissed the suit relying on the decision of this Court reported in 1974 (1) CWR 432 (Simamani Dei v. Babaji Das and Ors.) and 1974(1) CWR 550 (Sobha Dei and Anr. v. Bhima alias Bhimasen Sahu and Ors.) on the finding that fathers' sister cannot act as next friend when minor's father is his natural guardian under the Hindu Minority and Guardianship Act. Both the decisions are distinguishable on facts. Besides, these decisions have not taken note of Order 32, Rule 4, CPC which provide...
Sri Prabhudayal Agarwala Vs. State of Orissa
Court: Orissa
Decided on: Oct-06-1993
Reported in: 1994(I)OLR135
L. Rath, J.1. Though the facts of the case are simple in nature yet important questions of interpretation arise within the ambit of its consideration. PW 1, the Health Officer-cum-Food Inspector, Baripada Municipality inspected the grocery shop of the petitioner on 11-3-1981 and purchased a sample of Rapeseed refined oil. He had duly issued notice in form No. VI to the petitioner and the petitioner also granted money receipt towards the purchase of the sample oil, PW 1 divided the sample oil into three parts and sent two parts to the Chief District Medical Officer who is the local (Health) Authority and one part to the Public Analyst. The petitioner disclosed to PW 1 the name of the firm M/s. Ramesvvarlal & Co. as having purchased the oil from it. M/s Rameswar- lal & Co; was arrayed as an accused in the case but has since been acquitted. The report of the Public Analyst was received showing the oil to be adulterated. The report has been marked in the case as Ext 9. Thereafter the Local...
Smt. Laxmipriya Parida and ors. Vs. Smt. Sukantilata Parida and anr.
Court: Orissa
Decided on: Oct-06-1993
Reported in: 76(1993)CLT994; 1993(II)OLR580
P.C. Misra, A.C.J.1. There being divergent views as to whether the word 'Suit' appearing under Order 8, Rule 6-A of the Code of Civil Procedure (hereinafter called as 'the Code') is confined only to suits for money or refers to suit of any kind, this case has been referred to a larger Bench by the Hon'ble single Judge of this Court and that is how we are required to answer the question.2. The defendants in O. S. No. 20 of 1987 in the Court of Munsif, Balasore are the petitioners in this revision challenging the legality of the order dated 23-7-1990 of the trial Court rejecting their prayer for counter claim on the ground that the same is not permissible as the plaintiffs by amending the plaint had not introduced any new claim. During the course of hearing of the civil revision before the Hon'ble Single Judge of this Court it was contended on behalf of the plaintiff-opp. parties that the counter claim was rightly disallowed by the Court below as the suit is not a suit for money and acco...
Ch. Prasana Kumar Patro Vs. Subdivisional Magistrate and ors.
Court: Orissa
Decided on: Oct-06-1993
Reported in: 1993(II)OLR585
A. Pasayat, J.1. A proceeding Under Section 133 of the Code of Criminal Procedure. 1973 (in short, the 'Code') was initiated nearly a decade ago where two neighbors are involved.2. Background facts sans unnecessary details are as follows :Petitioner a resident of Sorada in the district of Ganjam carries on business in Fertilizer since 1972 For that purpose he stores Fertilizer in his premises. Opp. party No. 3 is the immediate neighbour of the petitioner. He made complaint on the basis of which a station diary entry on 15-3-1984 at the Sorada Police Station was made. His allegations were that the storage of Fertilizer by the petitioner was causing damage to his house and was causing discomfort and injury to the health of his family members. On the basis of such station diary entry, the Officer in-charge of Sorada Police Station submitted a report to the Subdivisionsl Magistrate, Bhanjanagar stating inter alia that he had seen the place of storage of Fertilizer by the petitioner and als...
Surama Pati and ors. Vs. Biswajit Pati and ors.
Court: Orissa
Decided on: Oct-05-1993
Reported in: AIR1994Ori82; 76(1993)CLT1015
P.C. Misra, A.C.J. 1. The landlord in the house rent proceeding is the petitioners in this case. The tenant had approached this Court earlier in two successive writ applications and, therefore, this is the third occasion when the matter has come to this Court.2. The brief facts necessary for the disposal of this writ application may be stated as follows :--The present petitioners filed an application for eviction of the present opposite party No. 1 on the ground of wilful default in the matter of payment of rent and other grounds. The opposite party No. 1 (tenant) was debarred from contesting the case before the House Rent Controller under Section 7(3) of the Orissa House Rent Control Act (in short 'the Act') on the ground that he did not deposit the arrear of rent admitted by him. The said Order was challenged by the tenant-opposite party in C. J. C. No. 620 of 1987 before this Court. In the meantime the House Rent Controller passed the final order of eviction which order evidently is...
Chintamani Khuntia and ors. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Oct-05-1993
Reported in: AIR1994Ori46
P.C. Misra, Actg. C.J.1. The writ application has been filed by two groups of sevaks of Lord Jagannath at Puri challenging the constitutional validity of Sections 28-B(5) and 28-C(5)(a) and 28-C(9) inserted to the Jagannath Temple Act by Jagannath Temple (Amendment) Act, 1983 (hereinafter called 'the Amendment Act') and for declaring the same as ultra vires being hit by Articles 14, 25, 26 and 300A of the Constitution of India.2. There are different groups of sevaks called. 'Nijogs' who perform different sevas of the Lord. The petitioners 1 and 2 are khuntia sevayats of Lord Jagannath and belong to the association of sevaks called 'Khuntia Nijogs'. Similarly petitioners 3 and 4 are mekap sevayats of Lord Jagannath and are called as 'Mekap Mijogs'. The aforesaid petitioners purport to represent the members of respective Nijogs and have prayed for the aforesaid declaration being affected by the restrictions imposed on them by the introduction of the aforesaid sections in the Amendment Ac...
Dhrubendra Ray Vs. Biswanath Agarwal and anr.
Court: Orissa
Decided on: Oct-05-1993
Reported in: I(1994)ACC1; (1994)IILLJ947Ori
A. Pasayat, J.1. In the appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act') correctness of the order passed by the Additional District Magistrate and Commissioner, Workmen's Compensation, Mayurbhanj (in short, the 'Commissioner') is under challenge.2. Dhrubendra Ray (hereinafter referred to as the 'claimant') lodged a claim in Form F in terms of Rule 20 of the Workmen's Compensation Rules, 1924 (in short, the 'Rules') on the following premises.He was working as a driver of a vehicle bearing Registration No. OFM 1045 which was kept stationery near a hotel at Khuntuni at about 3 a.m. on August 4, 1988 when another trunk dashed against it, whereby he sustained serious mjuries which were very serious in nature as would be evident from the fact that there was fracture of ieft hand wrist and of the back bone. On account of the accident he was disabled which affected his earning capacity. He was getting monthly wages of Rs. 1200/- per month f...
Kichhu Alias Subrat Alias Subhrant Kumar Dhal and ors. Vs. State of Or ...
Court: Orissa
Decided on: Oct-04-1993
Reported in: 1994CriLJ505
ORDERL. Rath, J.1. The petitioner, twenty-eight in number, assail the order passed in S.T. Case No. 21-D/83 of 1990 by the Assistant Sessions Judge on 13-9-1990 directing, under Section 319 of the Code of Criminal Procedure, their arraying as accused in a trial under Sections 147, 148, 332, 307, 395, 337, 427 read with 149 of IPC. Originally the trial was going on against sixteen accused, but the learned Judge after examination of P.W. 2, the informant, found prima facie case to have been disclosed against the present petitioners and directed their addition as accused. The prosecution case arose out of the facts that P.W. 2 lodged information with the police that when he as the Forest Range Officer along with his staff was checking illegal transportation of timber and charcoal, he found nine accused, all of whom are accused in the case, removing charcoal in gunny bags. They seized the charcoal and the cycles in which it was being transported, but the accused persons fled away. While th...
National Insurance Co. Ltd. Vs. Asha Lata Rout and ors.
Court: Orissa
Decided on: Oct-01-1993
Reported in: I(1994)ACC14; 1994ACJ1137
G.B. Patnaik, J.1. The insurer is the appellant challenging the award of the Second Motor Accidents Claims Tribunal granting compensation to the tune of Rs. 75,000/- on the ground that the deceased being a passenger of the vehicle in question, the liability of the insurer is only Rs. 15,000 as provided in Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939.2. The claimants' case before the Tribunal was that on the date of the accident on 6.8.1987, deceased Maheswar Rout was travelling in the bus bearing registration No. OBC 595 and when the bus dashed against the level crossing and became immobile, seeing an approaching train, the deceased got down and had run away to a distance of fifty feet when the train collided with the bus and the bus overturned and capsized and fell on the deceased as a result of which the deceased died. The claimants had also stated that the deceased was a helper under the Orissa State Electricity Board and was drawing Rs. 1,300/- per month and at the relevant...
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