Orissa Court August 1993 Judgments
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Dilip Kumar Roy Vs. Hon'ble Chief Justice and Anr.
Court: Orissa
Decided on: Aug-31-1993
Reported in: 76(1993)CLT854; 1993(II)OLR519
G.B. Pattnaik, J.1. An order of removal dated 7-2-1992 passed by the disciplinary authority who is the Registrar (Judicial) of this Court, annexed as Annexure-22, finding the petitioner guilty i.e. departmental proceeding bearing D. P. No. 5 of 1989 and the appellate order passed by the Chief Justice of this Court dismissing the petitioner's appeal as communicated to the petitioner under Annexure-24 are the subject-matter of challenge in this writ application.2. The petitioner who was working as the Court Officer of the Orissa High Cou't was placed under suspension by order dated 17-9-1989 and a set of charges were framed against him which were communicated to him on 21-12-1989. When the petitioner was called upon to file his explanation, he applied for certain documents by letter dated 26-12-1989 in order to enable him to file his defence. Though the petitioner applied for 21 documents, but only four documents were supplied and before any explanation was received from the petitioner, ...
Batliboi and Company Ltd. Vs. Cuttack Municipal Council
Court: Orissa
Decided on: Aug-31-1993
Reported in: 1993(II)OLR548
D.P. Mohapatra, J.1. Batliboi & Company Ltd., a company registered under the Companies Act, 1956 filed this application under Arts, 226 and 227 of the Constitution of India against the Cuttack Municipal Council, represented by its Octroi Superintendent seeking a direction to it to release the consignment of diesel engine meant for sate by the petitioner to Hart Machines, Rajgangapur, which passed through the Cuttack Municipality in course of transit.2. The case of the petitioner, shortly stated, is that in Course of its trading activities it had negotiated for sale of diesel engine, manufactured by Kirleskar Cummins Ltd. at Pune to Hari Machines Ltd., at Rajgangpur in Orissa and had arranged for transport of the said diesal engine from the factory at Pune to Rajgangpur through Kaharasht a Road Carrier Pvt. Ltd. Copies of the envoice and the delivery note issued by Kirloskar Cummins Ltd. and copy of the consignment note issued by the Carrier are filed as Annexures 1,2 and 3 respectively...
Chani Bewa and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-1993
Reported in: 1995ACJ901
G.B. Patnaik, J.1. Petitioner No. 1 is the widowed mother and petitioner Nos. 2 and 3 are the brother and sister of the deceased. They have approached this court praying that they may be paid compensation to the tune of Rs. 1,00,000/- on the ground that deceased Niranjan Sethi was working under a private transport firm and was earning Rs. 600/- per month and on the date of occurrence, while he was standing near the O.M.P. Crossing waiting for a bus to go to Paradeep, a branch of a nearby banian tree fell down and hit the head of the said Niranjan as a result of which he sustained bleeding injury. He was removed to the S.C.B. Medical College Hospital and in the hospital he died. It has been alleged that the tree in question was in a dangerous condition and the opposite parties had not taken reasonable care and had not given any warning to the pedestrians or any passengers waiting for the bus near the tree in question and by allowing such worn-out dangerous tree to be there on the road, ...
Divisional Manager, New India Assurance Co. Ltd. Vs. Manasi Jena and a ...
Court: Orissa
Decided on: Aug-31-1993
Reported in: I(1994)ACC201
P.C. Misra, J.1. The Insurance Company has preferred this appeal Under Section 110-D the Motor Vehicles Act, 1939 challenging its liability as per the award by the Second Motor Accident Claims Tribunal, Berhampur in M.A.C. No. 214/87 (35/87). The claim case arose out of an accident which occurred on 6.2.1986 at about 9.00 p.m. while the deceased was returning to his house, and a passenger bus, ORG 5396 dashed against him causing his instantaneous death. He was above 25 years of age on the date of his death and his widow preferred a claim for compensation of Rs. 80,000/- before the aforesaid Tribunal. The owner of the offending bus was impleaded as respondent No. 1 and the present appellant was impleaded as respondent No. 2 before the Tribunal. Though the owner filed a written statement, but he ultimately did not contest and was set ex parte. The Insurance Company contested the claim by filing a separate written statement denying all allegations made in the claim petition. It denied its...
Sambunath Battacharjee Vs. Orient Paper Mills
Court: Orissa
Decided on: Aug-30-1993
Reported in: (1995)ILLJ159Ori
ORDERS.C. Mohapatra, J.1. Common appellate order in two appeals under Section 17 of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act') one by the employee and the other by the employer resulting in dismissal of the application under Section 15 of the Act claiming unpaid wages and bonus, is grievance of the employee in these two revisions.2. Undisputed facts at this stage are that petitioner was appointed as a Typist in office of the opposite party at Brajrajnagar. On December 17, 1985 an office order was issued transferring petitioner to Bhubaneswar office, which petitioner received on December 19, 1985. It was stated in the office order that petitioner was transferred with immediate effect and he was to report to Chief Resident Officer at Bhubaneswar who would allocate work to petitioner. When petitioner did not join till January 16, 1986, he was communicated that day that non-compliance of the order amounts to wilful insubordination and disobedience of lawful order...
Jasholal Agrawala @ JaIn Vs. Puspabati Agrawala
Court: Orissa
Decided on: Aug-30-1993
Reported in: II(1994)DMC169
D.P. Mohapatra, J.1. The question on which the fate of this case hinges is whether, in the facts and circumstances of the case, the wife's claim for maintenance against her husband is entertainable. To be more specific, whether in view of the decree passed by the Civil Court granting the husband's prayer for divorce on the ground of desertion by wife and dismissal of the suit filed by the wife claiming maintenance from her husband the proceeding under Section 125 of the Code of Criminal Procedure is maintainable.2. The petitioner Sri Jasholal Agrawal @ Jain is the husband of the opposite party Smt. Puspabati Agrawala. In this application filed under Section 48? of the Cr.P.C., the petitioner has assailed the order of the learned Judicial Magistrate, First Class, Kantabanji in C.M.C. No. 41 of 1980 granting the prayer of the opposite party for maintenance and directing him to pay Rs. 300/- per month from the date of filing of the petition which was confirmed by the learned Addl. Session...
Sri Jasholal Agrawala Alias JaIn Vs. Smt. Puspabati Agrawala
Court: Orissa
Decided on: Aug-30-1993
Reported in: 1994CriLJ185; 1993(II)OLR386
D.P. Mohapatra, J.1. The question on which the fate of this case hinges is whether, in the facts and circumstances of the case, the wife's claim for maintenance against her husband is entertainable. To be more specific, whether in view of the decree passed by the Civil Court granting the husband's prayer for divorce on the ground of desertion by wife and dismissal of the suit filed by the wife claiming maintenance from her husband for the proceeding Under Section 125 of the Code of Criminal Procedure is maintainable.2. The petitioner Sri Jasholal Agrawala alias Jain is the husband of the opposite party Smt. Puspabati Agrawala. In this application filed Under Section 482 of the Cr PC, the petitioner has assailed the order of the learned Judicial Magistrate, First Class, Kantabanji in CMC No. 41 of 1980 granting the prayer of the opposite party for maintenance and directing him to pay Rs, 300/-per month from the date of filing of the petition which was confirmed by the learned Addl. Sess...
State of Orissa Vs. Surendra Kumar Das Alias Surendra Alias Belu
Court: Orissa
Decided on: Aug-30-1993
Reported in: 76(1993)CLT806; 1993(II)OLR326
D.P. Mohapatra, J.1. The question that falls for determination in these cases is whether on facts and in the circumstances of the case the learned Sub-divisional Judicial Magistrate (Sadar), Cuttack was right in releasing the opp. party-accused Under Section 167(2) of the Code of Criminal Procedure The facts involved and the points of law raised in all the cases being similar, the cases were heard together with consent of the learned counsel for the parties and they are being disposed of by this common order.2. Opp. party Surendra Kumar Das alias Surendra Das alias Belu, is shown as an accused in the following twelve cases, i. e. , G. R, Case No. 643 of 1992 (Chauliaganj P. S. Case No. 88/92), G. R. Case No. 644 of 1992(Chauliaganj P. S. Case No. 92 of 1992), G. R. Case No. 646 of 1992 (Lalbag P. S. Case No. 88 of 1992), G. R. Case No. 647 of 1992 (Lalbag P. S Case No. 89 of 1992), G. R. Case No. 649 of 1992 (Mangatabag P. S. Case No. 97 of 1992). G. R. Case No. 651 of 1992(Bidanashi P...
BipIn Behari Pradhan Vs. Smt. Saraswati Pradhan and ors.
Court: Orissa
Decided on: Aug-30-1993
Reported in: 1993(II)OLR383
S.C. Mohapatra, J.1. Deiendant No. 1 is appellant in a suit against a preliminary decree for partition.2. Parties are related to each other according to the following genealogy : Jogeswar | ----------------------------------------------------------- | | | | Narahari Ramachandra Udayanarayan Karunakar | | | Sundarmohan | ------------- | | | |----------------- | Debendra Gadadhar | | | @ Budha (D. 5)Kanduru Damodar | (D.4) (D. 2) (D. 3) | --------------------------------------------- | | | | | Bipin Padmalochan Khiramani Pankamani Laxmi D. 1 @ Pradyumna D.6 D.7 D.8 Saraswati (P.1) Subhash (P. 2) 3. Case of plaintiff is that as widow and son of Padmalochan, they are the successors to the share of Padmalochan and accordingly pray for partition. Case of defendant No. 1 who filed a separate written statement and contested the suit is that although plaintiff No. 1 married his brother Padmalochan, such marriage was before plaintiff No. 1 attained puberty and the spouses did not lead a conjuga...
Narayan Chandra Puhan Vs. Bhaskar Chandra Behera and anr.
Court: Orissa
Decided on: Aug-30-1993
Reported in: 1993(II)OLR515
B.L. Hansaria, C.J.1. Some cases have a message and it becomes necessary at times even to see beyond a case to maintain the purity in life and to take case to the extent possible and permissible in law of tailing moral values of the society. When a case is brought to the Court, no matter what is the status of the Court, a ligant is expected to tell the truth. It is for this reason that affidavits are required to be filed in those Courts where a matter is not decided on oral evidence which is led on oath. When a parson is administered oath, he is required to state, 'I shall speak the truth, the whole truth, and nothing but the truth'. When Courts decide cases on affidavits, the deponent has to solemnly affirm and state the truth as ha knows it and sees it. If to serve personal gain or end or purpose, wrong statements are made : Court would be justified in taking a serious view of the same.2. Here is a case where the petitioner approached this Court first in OJC No. 1835 of 1978 with the...
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