Orissa Court July 1993 Judgments
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Bhagirathi Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-23-1993
Reported in: 1993(II)OLR354
L. Rath, J.1. The order impugned in this case in Annexure-16 wherein the petitioner has been issued a show-cause notice by the Head- master-cum-Secretary of the Orissa Police High School, Cuttack where he is employed as an Upper Division Clerk under suspension as to why he should not be removed from service for failing to comply with the conditions imposed in the suspension order of attending the school every day and putting his attendance before the Headmaster. The petitioner was appointed in the school as an L. D. Clerk and gradually was promoted as an Upper Division Clerk when he was suspended on 18-7-1986. He was reinstated on 20-3-1989 but was again suspended on 14-8-1990, vide Annexure-4 to the writ petition. In that order, the condition of daily attendance before the Headmaster was put. On 12-10-1930 the direction was reiterated by a communication from the Secretary of the Managing Committee of the school that he had failed to report before the Headmaster and put his attendance ...
New India Assurance Co. Ltd. Vs. Madhusudan Rout and anr.
Court: Orissa
Decided on: Jul-23-1993
Reported in: I(1994)ACC33
A. Pasayat, J.1. These appeals involve identical grounds of challenge and are, therefore, disposed of by this common judgment. New India Assurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of the awards made by the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur (in short, the 'Tribunal') granting compensation to respondent No. 1 in each case. Each of them is hereinafter described as 'claimant' for the sake of convenience.2. The background facts giving rise to the appeals sans unnecessary details are as follows:On 6.11.1985 a bus bearing registration No. OPJ 4483 met with an accident as a result of which several passengers including the claimant sustained injuries. Five of the injured persons claimed compensation by filing applications before the Tribunal under Section 110A of the Motor Vehicles Act, 1939 (in short, the 'Old Act'). The owner of the vehicle Narayan Chandra Sahoo (hereinafter referred to as the 'owner') fil...
Kishore Chandra Patel and Etc. Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-22-1993
Reported in: AIR1993Ori259; 76(1993)CLT720
Hansaria, C.J.1. Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfil this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named 'Orissa Special Courts Bill' to the State Assembly...
Patra Mirgan Vs. the State
Court: Orissa
Decided on: Jul-20-1993
Reported in: 1993(II)OLR302
L. Rath, J.1. Conviction Under Section 376, IPC and sentence to Rl of 10 years as also Under Section 354, IPC and sentence to RI of 2 years in Sessions Case No. 33/30 have made the appellant prefer this appeal from jail. The skeletogenous facts are that the victim lady PW 1 is the wife of the appellant's wife's brother's son. The appellant married the sister of PW 1's father-in-law, was his domesticated son-in- law, and was residing in a separate house in the same compound of PW 1's house. In the village there are two groups, one of Mirgans and the other of Bhotras. PW 1, who was a Bhotra girl, had married PW 5 who was a Mirgan boy. The appellant who was a Bhotra had married the paternal aunt of PW 5. The occurrence alleged against the appellant happened on two days, i. e. on 25-12-1989 and 27-12- 1989. 25-12-1989 was Monday. It is the prosecution case that on the first day of the occurrence the appellant entered inside the house of PW 1 during the absence of her husband, husband's bro...
Raghu Alias Raghunath Barik Vs. State
Court: Orissa
Decided on: Jul-19-1993
Reported in: 76(1993)CLT921; 1993(II)OLR239; 1993(II)OLR314
L. Rath, J.1. In this revision the petitioner challenges his conviction Under Section 47(a) of the Bihar and Orissa Excise Act and sentence to R1 of six months and fine of Rs. 500/-, in default to undergo R1 for one month more and confirmation of the conviction and reduction of the sentence to two months' RI and fine of Rs. 500/-, in default to undergo R1 for one month more in appeal. A brief sketch of the facts are that on 10-5-1985 the SI of Excise (PW 4) while performing patrol duty along with his staff received information of the petitioner having kept contraband articles. He and his staff raided the house of the petitioner. From a room of the house 1 K.G. 150 grams of non-duty paid Bhang kept in a gunny bag and 1 KG. 200 grams of non-duty paid Bhang dust kept in a cloth bag were stored. The petitioner was present at the time of raid and seizure. He was made the person responsible for storing of the contraband articles and was prosecuted.2. Two contentions have been advanced by Mr....
Manoj Kumar Behera Vs. Dilip Kumar Das
Court: Orissa
Decided on: Jul-16-1993
Reported in: I(1994)ACC50; (1994)IILLJ801Ori
G.B. Patnaik, J.1. This is an appeal against the order of the Commissioner for Workmen's Compensation awarding compensation to the tune of Rs. 81,926/-. The quantum of compensation arrived at is not under challenge, but what is under challenge is the liability of the appellant to pay the compensation in question.2. Respondent Dilip Kumar Das filed an application claiming compensation before the Commissioner alleging that he sustained bodily injury while discharging his duty in repairing a vehicle bearing Registration Number W.B.S. 5032 belonging to one Baman Dubey. It was pleaded that he was working as a Mechanic in the garage of the appellant which is called Babamani Automobiles at Budamara. On the relevant date, on the instruction of the proprietor Manoj Kumar Behera (then appellant), said Dilip took up the repair work of the vehicle in question and while so repairing sustained severe injury on the spinal cord and became immobile. It was alleged that he was receiving Rs. 750/- per mo...
Muralidhar Ghadei Vs. Sumitra Ghadei and anr.
Court: Orissa
Decided on: Jul-15-1993
Reported in: 76(1993)CLT1029; II(1993)DMC401
L. Rath, J.1. This petition arises out of a proceeding Under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') at the instance of the opposite parties claiming maintenance from the petitioner on the ground of his second marriage. The application having been allowed by the learned S.D-J-M. granting maintenance of Rs. 300/- per month to the opposite party No. 1 and Rs. 200/- per month to the opp. party No. 2, the daughter through her, and order having been also confirmed in revision, the present position under Section 482, Cr. P.C. has been filed. The facts emerging lie in a short compass. It is the admitted case of the parties that the petitioner married the opp. party No. 1 in 1964. On difference arising between them, the petitioner filed a suit for divorce, O.S. No. 66 of 1968 under Section 13 of the Hindu Marriage Act. That suit was compromised as per compromise dated 21-8-1969, Ext. 1 in the present case and the parties agreed to live together and ...
Muralidhar Ghadei Vs. Smt. Sumitra Ghadei and anr.
Court: Orissa
Decided on: Jul-15-1993
Reported in: 1993(II)OLR290
L. Rath, J.1. This petition arises out of a proceeding Under Section 125 of the Code of Criminal Procedure (hereinafter refered to as 'Cr PC') at the instance of the opposite parties claiming maintenance from the petitioner on the ground of his second marriage. The application having been allowed by the learned S.D-J-M. granting maintenance of Rs. 300/- per month to the opposite party No. 1 and Rs. 200/- per month to the opp party No. 2, the daughter through her, and order having been also confirmed in revision, the present position under Sec. 482, Cr PC has been filed. The facts emerging lie in a short compass. It is the admitted case of the parties that the petitioner married the opp. party No. 1 in 1964. On difference arising between them, the petitioner filed a suit for; divorce. O.S. No. 66 of 1988 Under Section 13 of the Hindu Marriage Act. That suit was compromised as per compromise dated 21-8-1969, Ext. 1 in the present case and the parties agreed to live together and in fact d...
Divisional Manager, New India Assurance Co. Ltd. Vs. Mahadei Behera an ...
Court: Orissa
Decided on: Jul-15-1993
Reported in: 1994ACJ1096
A.K. Padhi, J.1. The insurer is the appellant against the award passed by the Second Motor Accidents Claims Tribunal, Berhampur, under Section 110-D of the Motor Vehicles Act (hereinafter referred to as 'the Act').2. The claim application was filed under Section 110-A of the Act claiming compensation to the tune of Rs. 75,000/- for the death of one Kashinath Behera who has died in course of an accident caused due to the rash and negligent driving of the driver of the vehicle CRG 5799. In the claim petition it has been averred that on 2.3.1986 at about 6.30 p.m. deceased Kashinath Behera was returning home on a cycle from Berhampur side. The offending vehicle came from the opposite direction driven in a rash and negligent manner, ran over the cycle and body of the deceased as a result of which he died at the spot and the cycle was totally damaged. At the time of his death the deceased was 49 years old and he was earning Rs. 40/- to Rs. 50/- per day as a 'kaviraj.3. The owner on being no...
Doctor Nahak Vs. Bhika Nahak and anr.
Court: Orissa
Decided on: Jul-13-1993
Reported in: II(1994)DMC236
S.C. Mohapatra, J.Plaintiff is the appellant against dismissal of a suit for partition.1. Plaintiff is son of Anand. Defendant No. 1 Bhika is elder brother of Anand. Dhobani (defendant No. 2) is daughter Bhika. Case of the plaintiff is that when he was aged 10 years, Bhika adopted him on 28-1-1955. Bhika executed a registered deed of adoption on 9-10-1969 (Ext. 1) acknowledging the adoption. However, on 6-9-1976 Bhika cancelled the deed of adoption by another registered document and gifted his property to his daughter (defendant No. 2). Immediately thereafter suit was filed for partition on 15-10-1976.2. Case of defendants is that Bhika did not adopt plaintiff at any time. He being an old and illiterate man was assured by his younger brother of all help and assistance in his management of properties on condition that he executed the adoption deed in token of his son who with his wife would stay with defendant No. 1, cook food for him and serve, he executed the document recitals of whic...
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