Orissa Court June 1993 Judgments
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Miss Krishna Bose Vs. Rajendra Prasad Bose and ors.
Court: Orissa
Decided on: Jun-29-1993
Reported in: 1993(II)OLR309
S.C. Mohapatra, J.1. This is a civil revision by a legallre- presentative of a deceased judgment-debtor.2. Petitioner is daughter of the judgment-debtor who died leaving behind widow, two sons and petitioner as legal representatives. For realisation of decretal dues against the judgment-debtor, decree- holder sought to proceed against properties of deceased judgment- debtor described in various lots in hands of his legal representatives. Since decree-holder was of opinion that Lot. No. 1 may be sufficient to get the decree satisfied the prayed for proceeding against that lot first for satisfaction of the decree before proceeding against other lots. Widow of judgment-debtor made a prayer that her 1/4th interest in the properties of her husband may be excluded from being put to sell. Executing Court accepted prayer of the decree-holder as well as the widow of judgment-debtor. Thus 1 /4th interest of the widow in Lot No. 1 stood excluded.3. After the interest of the widow was excluded pet...
New India Assurance Co. Ltd. Vs. Shyam Sunder Rout and anr.
Court: Orissa
Decided on: Jun-28-1993
Reported in: 2(1993)ACC472
S.C. Mohapatra, J.1. Insurer is appellant in this appeal under Section 173 of the Motor Vehicles Act, 1988.2. On 18.10.1988 at about 7.30 a.m. OSU 1954, a truck met with an accident on the National High way No. 5 near Chhatia. Claiming to be pedestrian who sustained injuries being dashed by the truck Claimant filed an application for compensation.3. Owner of the truck did not contest. Insusrer resisted the claim on the ground that the vehicle did not dash against the claimant and he did not sustain any injury.4. In support of his claim, claimant produced some OPD tickets of S.C.B. Medical College hospital. Orthopaedics Department marked as Exts. 1 to 1/4, a prescription of a private Doctor of Chhatia named Dr. Jagannath Das and a X-ray plate marked M.O.I. Certified copy of First Information Report was also produced which was marked as Ext. 2. Insurer produced photo copy of the Insurance policy marked as Ext. A.5. Considering the aforesaid materials, Tribunal found that claimant sustain...
Lachhmi Batri Vs. the State
Court: Orissa
Decided on: Jun-25-1993
Reported in: 1994CriLJ1171
A. Pasayat, J.1. In this appeal from jail Lachhmi Batri (hereinafter referred to as the 'accused') calls in question legality of his conviction for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Koraput.2. Prosecution case sans unnecessary details is as follows:On 5-3-1989 in the afternoon a quarrel ensued between the accused and one Soma Batri (hereinafter referred to as the 'deceased') over taking of salap juice. While the deceased was returning to his house, the accused being armed with bow and arrows shot an arrow which hit the right thigh of the deceased, who immediately fell down at the entrance of his house. When the arrow was attempted to be pulled out, the wooden portion and some portion of the blade came out in broken condition and still the pointed portion of the iron remained inside. The incident was witnessed by Budei Toki, the wife of the deceased (P.W...
United India Insurance Co. Ltd. Vs. Sashiprava SwaIn and anr.
Court: Orissa
Decided on: Jun-25-1993
Reported in: 1994ACJ871
G.B. Patnaik, J.1. This is an appeal under the provisions of Workmen's Compensation Act against the award of the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation and the sole question that arises for consideration is whether the insurance policy taken on a particular date mentions a particular time at which the policy was given can be said to be effective from the commencement of the date or from the specific time indicated in the policy in question. The aforesaid question arises because of a point taken by the insurer that the accident took place on 16.2.1987 at 7 a.m. whereas the policy of insurance was issued on the same day at 11.20 a.m. From the order of the Commissioner it transpires that this plea had not been taken by the insurer in its written statement filed before the Commissioner, but later on an application for amendment appears to have been filed on 21.7.1989 making this assertion and that application for amendment was never considered and was not...
Orissa Fisheries Development Corporation Ltd. and Etc. Vs. Sudhansu Se ...
Court: Orissa
Decided on: Jun-23-1993
Reported in: AIR1994Ori158
A.K. Padhi, J. 1. The Orissa Fisheries Development Corporation, defendant No. 1 in Title Suit No. 1 of 1966 is the appellant in First Appeal No. 66 of 1974. State of Orissa through the Collector, Cattack, defendant No. 2 in Title Suit No. 1 of 1966 is the appellant in First Appeal No. 74 of 1974. In both the First Appeals the judgment and decree passed in Title Suit No. 1 of 1966 are challenged. Therefore, both the First Appeals were heard together and this judgment is passed in both the appeals.2. Plaintiff filed the suit seeking for declaration of right, title and interest in the disputed water channel and damages to the tune of Rs. 4,61,001/-. Assertions in the plaint are that Balia river fishery Sairat comprising an area of A.271.96 decs was available to be leased out. On 17-2-1958, plaintiff applied to the Tahasildar, Jujanga for lease of the water channel for pisciculture which was settled on him for a period of six months on payment of Rs. 1,600/-. On 8-1-1960, there was a publi...
Patras Soreng Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-18-1993
Reported in: (1994)ILLJ768Ori; 1993(II)OLR272
B.L. Hansaria, C.J. 1. The petitioner had joined Hamirpur High School as a Physical Education Teacher in 1955 by force of the letter of appointment dated June 22, 1955 as at Annexure 1. After joining the school, he went for training and on completion of the same he was accepted as a trained Physical Education Teacher with effect from July 1, 1953 to be confirmed in that post with effect from Septembers, 1964. He served the school till the age of superannuation, which was 60 years, which date fell on October 19, 1990, and so, came to retire with effect from October 31, 1990. He prayed for grant of retirement benefits like pension and gratuity but the same not having been paid, the present application has been filed.2. Before we proceed to examine Ihe merit of the case of the petitioner relating to his entitlement to the aforesaid retirement benefits, it may be stated that Hamirpur High School is a minority institution havingbcen established by Christian Minority, Githolic Diocese of Sam...
Guru Charan Mohanty Vs. Mgt. of Orissa Commercial Transport Corpn. Ltd ...
Court: Orissa
Decided on: Jun-18-1993
Reported in: (1994)ILLJ1106Ori; 1993(II)OLR231
L. Rath, J.1. An interesting and important question arises in this case for consideration. Do the workmen involved in an industrial dispute raised by the union on their behalf on ac-count of their dismissal from service in violation of Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') have a remedy under Section 33-A if the dispute is compromised by the union with the management behind their back in a fraudulent manner? The petitioner was a driver under opp. party No. 1-management. During the pendency of the I.D. Case No. 51/83 before the Industrial Tribunal relating to scale of pay of heavy vehicle drivers like the petitioner, he was charge-sheeted by the management for absence from duty and on the basis of the result of a domestic inquiry his service was terminated on February 8, 1984. It is the case of the petitioner that in passing the order of discharge the prior approval of the tribunal was not taken and hence the order was hit by the provisio...
Koili Bewa and ors. Vs. Akshaya Kr. Mishra and anr.
Court: Orissa
Decided on: Jun-18-1993
Reported in: I(1994)ACC142; 1994ACJ215; 76(1993)CLT403; (1994)IILLJ71Ori; 1993(II)OLR260
B.L. Hansaria, C.J.1. The appellants were applicants before the Commissioner for Workmen's Compensation. They claimed compensation of rupees one lakh on account of the death of one Natabar Jena as his heirs, who was an employee of respondent No. 1 having been engaged by him as a coolie. At the material time the deceased was unloading gunny bags from the truck O.R.U. 9101 when some gunny bags fell over him as a result of which he received injuries and succumbed to the same. The Commissioner awarded compensation of Rs. 55, 176.80 and directed respondent No. 2. New India Assurance Company Ltd, to pay the amount. The insurer did not pay the compensation and approached this Court in M.A. No. 46/91 without having complied with the requirement mentioned in the third proviso to Section 30(1) of the Workmen's Compensation Act, 1923 (for short, 'the Act'), 'which reads as below:-'Provided further that no appeal by an employer under Clause (a) shall lie unless the memorandum of appeal is accompan...
Republic of India Vs. Raman Singh
Court: Orissa
Decided on: Jun-17-1993
Reported in: 76(1993)CLT878; 1994CriLJ1513
ORDERS.C. Mohapatra, J.1. Both prosecution and accused being dissatisfied with the impugned judgment have preferred these two appeals. Accused is aggrieved by his conviction and sentence under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') imposing sentence of two years' R.I. and fine of Rs. 20,000/ - in default to undergo six months R.I. Prosecution is aggrieved that Section 5(3-B) of the Act has not been kept in mind while imposing fine of Rs. 20,000/- only. These two appeals were heard together and are disposed of by this judgment.2. In March, 1974, getting information that accused who was an Income-tax Officer has assets disproportionate to his known sources of income, Central Bureau of Investigation registered a case and started investigation. It came to find that during his service career accused has invested huge amounts and acquired assets in his own name and names of his family members which are such more...
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