Orissa Court May 1993 Judgments
Nabaghana Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-14-1993
Reported in: 1993(II)OLR178
L. Rath, J.1. The question raised by the learned counsel for the petitioner is of considerable importance. It is his submission that an Assistant Sub-Inspector of Police not authorised under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') to effect arrest, conduct search or make seizure if does perform these acts and lodges the first information report at the police station basing on which a case is registered investigated by the officer-in-charge, and charge sheet is submitted, the cognizance taken by the Sub-Divisional Judicial Magistrate Under Section 28 of the Act against the accused on the basis of the charge sheet and submission of the case to the Sessions Judge for trial are liable to be quashed. The Assistant Sub-Inspector of Police was performing patrolling duty on 19 4-1992 in the Brahmanipal weekly market during course of which he suspected the petitioner to be selling contraband Ganja in his show-stall and on...
Tag this Judgment!Kartika Pradhan Vs. Nali Podhanuni
Court: Orissa
Decided on: May-13-1993
Reported in: II(1993)DMC326
S.C. Mohapatra, J.1. Defendant is appellant.Case of plaintiff is that defendant is son of the youngest brother of her husband. Since she was issuelessand her husband was dead, defendant got a sale deed executed and registered from her on 23-9-1960 in respect of Ac. 2.79 decs. of land for a paltry sum of Rs. 300/-. However, she was notin necessity of money and taking advantage of her position as widow and illiteracy, this document was obtained without any consideration. There was some dispute in respect of this transfer and on account of intervention of the villagers, defendant agreed to pay agricultural produce worth Rs. 200/- per year in respect of which a document was executed by defendant on 24-11-1965 towards her maintenance which was registered. Defendant was paying the maintenance as per the document till 1972. When he stopped payment, suit was filed for recovery of the land sold and Rs. 400/- per year towards profit of the land till recovery of possession.2. Case of defendant is...
Tag this Judgment!Regional Director, Employees' State Insurance Corporation Vs. Satyabad ...
Court: Orissa
Decided on: May-13-1993
Reported in: 1993(II)OLR490
G.B. Pattnaik, J.1. This is an appeal Under Section 82(2) of the Employees' State insurance Act (hereinafter referred to as 'the Act') against the judgment of the Insurance Court, Cuttack in Insurance Misc. Case No. 4/78.2. The question for consideration in this appeal is whether the conclusion of the Insurance Court that the Satyabadi Press and 'The Samaj' are the two distinct units is at all sustainable in law. The employees working in the establishment of 'The Samaj' were not covered under the definition of 'employee' Under Section 2(9) of the Act until the said definition was amended in the year 1968. After the definition was. amended the officers of the Regional Director, Employees' State insurance Corporation held some enquiry and then demanded contribution in respect of the employees serving in 'The Samaj from the Satyabadi Press for the period 29-1-1968 till December, 1976. As the contribution amount was not p3id certificate proceeding was initiated. The management of the Satya...
Tag this Judgment!Sri Uma Charan Bishoi Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-1993
Reported in: 1993(II)OLR275
L. Rath, J.1. Annexure 4, an order passed by the Chief District Veterinary Officer-cum-Deputy Registrar of Co-operative Societies, Berhamour, on 19-3-1993 directing winding up of Karnoli Poultry Producers Co-operative Society is impugned before us. The petitioner is the elected member from the society to the Aska Co-operative Central Bank Ltd, and since because of the order of winding up he is to Jose membership of the Committee of Management of the Bank, he seeks the relief of quashing of the order. The sole ground urged by Mr. Das, the learned counsel for the petitioner, is that in passing the order the principle of natural justice was not complied with inasmuch as no hearing was given to the society before the winding up was directed.2. As the impugned order shows it is purported to have been exercised Under Section 72 (1) of the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as 'the Act') for the reason that it appeared to the Deputy Registrar that the society has...
Tag this Judgment!Duli Prusty and anr. Vs. Ketaki Prusty and anr.
Court: Orissa
Decided on: May-11-1993
Reported in: AIR1994Ori10
1. This is an appeal by plaintiffs in a suit for partition.2. Relationship of the parties is as follows:Dasa (Dead) Uchhab (dead) Keshab (dead)-- Ketaki (D-l)Chaitan (dead) -- Duli (P-l)Padma (P-2)Property involved in the suit is of Dasa, the common ancestor. There was no partition in the family. On death of Dasa there is no dispute that Uchhab and Keshab would get half share each. Dispute is now relating to share of Keshab.3. Plaintiff No. 1 is the widow of Chaitan, son of Keshab. Plaintiff No. 2 is their daughter. Defendant No. 1 is widow of Keshab. It is stated by plaintiff No. 1 that on death of Chaitan in 1968 there was dispute between mother-in-law and daughter-in-law as a result of which she had to leave her matrimonial house with her daughter who was unmarried then and was given in marriage by her without any assistance from the joint family. Accordingly, suit has been filed to carve out their interest in the property and deliver the same for their exclusive possession.4. Trial...
Tag this Judgment!Board of Trustees of Paradeep Port and anr. Vs. Natwar Iron and Steel ...
Court: Orissa
Decided on: May-11-1993
Reported in: AIR1993Ori298
G.B. Patnaik, J.1. This is an appeal under Section 29 of the Arbitration Act, against the judgment of the Subordinate Judge making an award a rule of Court.2. M/s. Natwar Iron and Steel Works Company (respondent No. 1) entered into an agreement with the Paradeep Port Trust authorities for purchase of scrap materials at the rate of Rs. 925/- per metric tonne. Under the agreement in question the materials are to be removed within ninety days. The respondent No. 1 removed only 60.250 metric tonnes and failed to remove the rest of the quantities agreed to be removed. The Port Trust authorities, therefore, forfeited the security deposit of Rs. 50,000/- and terminated the contract. But the said respondent No. 1 made a representation to allow it to lift the materials and the Port Trust authorities allowed the said representation. But as again the allotted quantity of 140 metric tonnes, only 89.45 metric tonnes could be removed. Disputes having been raised by respondent No. 1 with regard to th...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Shankar Chakraberty and anr.
Court: Orissa
Decided on: May-11-1993
Reported in: [1995]82CompCas731(Orissa)
G.B. Patnaik, J. 1. The insurer is the appellant in an appeal under Section 110D of the Motor Vehicles Act, 1939, challenging the quantum of compensation awarded by the Tribunal. On an application filed under Section 110A of the Motor Vehicles Act by the injured claimant, the Tribunal has awarded a compensation to the tune of Rs. 96,000.2. It was alleged in the claim petition that the claimant who was twenty-two years old was doing his business and was earning about Rs. 700 per month and on September 23, 1985, at about 1.30 p.m. while he was going on a motor cycle on the extreme left of the road, the mini truck bearing registration No. HRL 4250 being driven in a rash and negligent manner came with high speed and knocked down the applicant who fell down from the motor cycle and sustained compound fracture on his right leg. He was immediately removed to the V. S. S. Medical College Hospital, Burla, where he has undergone operation. Then he was removed to the Nursing Home, Cuttack, still ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Shankar Chakraborty and anr.
Court: Orissa
Decided on: May-11-1993
Reported in: I(1994)ACC134
G.B. Patnaik, J.1. The insurer is the appellant in an appeal under Section 110-D of the Motor Vehicles Act challenging the quantum of compensation awarded by the Tribunal. On an application filed under Section 110-A of the Motor Vehicles Act by the injured claimant, the Tribunal has awarded a compensation to the tune of Rs. 96,000/-.2. It was alleged in the claim petition that the claimant who was twenty two years old was doing his business and was earning about Rs. 700/- per month and on 23.9.1985 at about 1.30 P.M. while he was going on a motor cycle on the extreme left of the road, the mini truck bearing registration No. HRL. 4250 being driven in a rash and negligent manner came with high speed and knocked down the applicant who fell down from the motor cycle and sustained compound fracture on his right leg. He was immediately removed to the V.S.S. Medical College Hospital, Burla, where he has undergone operation. Then he was removed to the Nursing Home, Cuttack. Still he has not be...
Tag this Judgment!Miss Uma Pattnaik and ors. Vs. Convenor, M.B.B.S./B.D.S. Selection Boa ...
Court: Orissa
Decided on: May-10-1993
Reported in: AIR1994Ori117
Pasayat, J. 1. Our operations have become successful but the patients have died,allege the petitioners in this batch of writ applications. They appeared at the annual entrance examination for selection of candidates for admission to MBBS/BDS courses pertaining to the session 1992-93. Year after year the 'annual check up' is demanded by candidates. Such applications have become almost a ritualistic feature, and candidates continue to question correctness of the question set and/or answers indicated to be correct answers. For the examination in question, 150 multiple choice objective questions were required to be answered. Four alternative answers were indicated against each question. According to the examining body, only one of them is the correct answer. The body selects the correct answer or most appropriately correct answer which is normally called the 'key answer'. A candidate is required to cross the alphabet box which stood for the answer, which according to him, was the correct o...
Tag this Judgment!Smt. Urmila Dei and anr. Vs. Hemanta Kumar Mohanta Alias Hemanta Mohan ...
Court: Orissa
Decided on: May-10-1993
Reported in: AIR1993Ori213; I(1994)DMC443; 1993(II)OLR149
G.B. Patnaik, J. 1. Defendants 11 and 12 have preferred this appeal against the judgment of the learned single Judge in First Appeal No. 236 of 1978 in a suit for partition. 2, The mother of defendants 11 and 12, Sashi Bewa, had filed the suit for partition claiming one-fifth share in item Nos. I to VII of Schedule-B excluding Schedule-C and half share in item No. II of Schedule-D and item No. III of Schedule-E. The plaintiff's case, in brief, is that the common ancestor Hadiram had six sons of whom Pruthunath died unmarried. The other sons are Baidyanath, Sankar, Manilal, Dussasan and Bholanath. Baidyanath died in the year 1975 leaving behind 4 sons through his first wife who are defendants 1 to 4 and a daughter who is defendant No. 7 and his second wife Purna is defendant No. 6 and through his second wife, he had a son who is defendant No. 5. Sankar died in the year 1954 leaving his widow Shasi, the plaintiff and they had two daughters who are defendants 11 and 12. The other sons of ...
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