Orissa Court March 1994 Judgments
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indo Flogates Ltd. Vs. Hemanta Bhattacharya
Court: Orissa
Decided on: Mar-30-1994
Reported in: 1994(I)OLR554
D.P. Mohapatra, J.1. In this petition filed under Section 115 of the Code of Civil Procedure, the petitioner indo Flogates Limited, a company incorporated under the Companies Act has challenged the order passed by the learned Additional District Judge, Rourkela on 1-12-1993 in Misc. Appeal No. 6/1993 setting aside the order of interim injunction passed by the learned Subordinate Judge, Rourkela in Misc. Case No. 42/93 arising out of T.S. No. 42/93,2. Facts of the case, shorn of unnecessary details, may be stated thus :Petitioner-Company filed the afore-mentioned suit citing the opposite party, Hemanta Bhattacharya and his employer Visuvius India Limited, as defendants seeking a declaration that defendant No, 1 is not entitled either alone or jointly with or as employee, manager or agent for any person, firm or company directly or indirectly to carry on or to engage in any business similar to the business of the plaintiff, for perpetual injunction restraining the defendant No. 1 from be...
Smt. Sabitri Patra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-30-1994
Reported in: 1994(I)OLR543
S.K. Mohanty, J.1. This revision by the informant lady directed against a judgment of acquittal recorded by Sub-Divisional Judicial Magistrate, Karanjia in a police case under Sec 498-A of the Indian Penal Code.2. Prosecution case in brief was that accused Sirish Chandra married the petitioner in the temple of Lord Shiva and thereafter they lived as husband and wife for about one year and four months in the house of the former. While they were so living, the accused damanded dowry of Rs. 5,000/- for continuance of marital status of the petitioner. She failed to bring the amount from her father and thus could not fulfil the damand of accused and therefore the accused and his parents harassed and threatened to kill her if she did not go back to her father's house. Because of such harassment and threatening, she went and lived in her father's house and reported at the police station where he promised to keep her. But the accused and his parents did not allow her to return to her husband's...
Krushna Chandra Mohanty Vs. State
Court: Orissa
Decided on: Mar-25-1994
Reported in: 1994(II)OLR304
L. Rath. J.1. The appellant faced trial under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') for illegal possession of opium of about 8kgs. 600 grams and having been found guilty has been sentenced to R.I. for ten years and fine of Rs. 1,00,000/-. in default to R.I. for a further period of one year with direction for the substantive sentences to run concurrently. The conviction and sentence are assailed in this appeal. The facts which led to the launching of the prosecution are that PW 3, art Excise Inspector while performing patrol duty ,came to learn of contra- band opium having been kept in the house of the appellant. He along with his patrol party proceeded near his house and kept it under surveillance. Ha arranged two witnesses one of whom was a resident of the area, and called the appellant to come out of the house. He disclosed his identity and expressed desire to search the house as entertaining the bona fi...
Ramesh Kumar Nayak Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-24-1994
Reported in: 1995ACJ443; AIR1994Ori279; 78(1994)CLT758; 1994(I)OLR536
Pasayat, J. 1. A wall encompassing the General Post Office, Cuttack collapsed on 29-8-1991. According to the petitioner, he was passiing by the side of the wall, a portion of the wall fell on him, and he sustained injuries. He makes a claim of Rs. I lakh as damage from the Union of India, the Chief Post Master General of the State, the SeniorSuperintendent of Post Offices and the Post-Master of the concerned post office on the ground that due and proper care was not taken as regards maintenance of the wall, and on account of such negligence, he sustained serious injuries, was hospitalised for a pretty long time, his left leg was severely fractured and his right leg was also injured. Though the residents of nearby Bepari Sahi had many times requested the authorities for effecting repairs to the wall which was in a precarious stage and was on the verge of collapse, with apprehension of damage to life and property, the authorities turned a deaf ear to the same. The apprehension came to be...
Jagannath Dhal Vs. the District Judge, Selesore and ors.
Court: Orissa
Decided on: Mar-24-1994
Reported in: AIR1995Ori255
Pasayat, J. 1. Original decision of learned Munsif, Bhadrek and appellate order of District Judge, Selesore in an election dispute raised under Orissa Gram Panchayat Act, 1964 (in short, the 'Act') and Orissa Gram Panchayat Election Rules, 1965 (in short, the 'Election Rules') is the subject-matter of challenge in this writ application. Petitioner Jagannath Dhal, opposite party No. 3 Manos Ranjan Barik and opposite party No. 4 Ashok Kumar Puhan were contestants for the office of Sarpanch of Pan-chani Gram Panchayat. Two others namely, Muktikanta Sahu and Biswamber Puhan withdrew their candidature after having filed nomination papers. Ultimately therefore, there were three contestants in the field. Manos was allotted symbol of umbrella, while Jagannath and Ashok were allotted symbols of fish and bird respectively. Though Biswamber and Muktikanta had withdrawn their candidature, symbols that were originally allotted to them namely, Sun and cow head were printed on the ballot papers, but ...
Sankhali Dhal (and After Him), Gadadhar Dhal and ors. Vs. Nilamani Dei ...
Court: Orissa
Decided on: Mar-22-1994
Reported in: AIR1994Ori298
S.C. Mohapatra, J.1. Plaintiffs are appellants against dismissal of suit for partition.2. Plaintiffs claim to be legal representatives of two daughters of Bana Samal who was admittedly the owner of the disputedproperties. Relationship of parties as claimed by plaintiffs is as follows: Bana Samal ________________________________________|____________________________________ | | | | | Gundi= Dinabandhu Gangu - Makha Mina W.Rodana W. Suka _________________|___________ ____ | | | | ______________________ Sankhali Raghunath Subern Balan | | | Nilamani= Radhamani= H. Musa H. Bamadev ______ __________ | | Kalandi Bigyan3. Case of plaintiffs is that Bana had three sons and two daughters. One son Gundi died in 1927 leaving behind widow Rodana who having died in the year 1973 his line is extinct. Defendants are legal representatives of another son Gangu who died in the year 1945. Dinabandhu, another son died in the year 1975 without any legal representative of his own. Thus, plaintiffs being l...
New India Assurance Co. Ltd. Vs. Rasana Sahoo and ors.
Court: Orissa
Decided on: Mar-21-1994
Reported in: II(1994)ACC572; 1995ACJ45; 78(1994)CLT310
S.C. Mohapatra, J.1. This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by the insurer.2. This appeal has been filed beyond period of limitation with delay of 52 days. When notice in limitation matter was sent to petitioner-claimants, they appeared and filed two applications for directing insurer to deposit entire awarded amount with interest up-to-date and to release a portion of the amount to meet the marriage expenses of one of the daughters, namely, Jayanti Sahu, aged 18 years, who is one of the claimants. Accordingly, in view of urgency, I heard not only the limitation matter and the two petitions but also the appeal on merits on which the directions may depend.3. Let me consider the question of limitation first. An appeal under Section 173(1) of the Act is to be filed within ninety days. There being delay of fifty-two days, appellant is required to explain each day's delay after ninety days. Award in this case was made on...
Ramchandra Tandi and 30 ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-17-1994
Reported in: AIR1994Ori228; 78(1994)CLT489
Pasayat, J.1. On the third Sunday of March every year World Disabled Day is observed. Petitioners are the guardians of thirty-one deaf and dumb boys, who have alleged that the State and its functionaries have turned blind to their problems and plights. These boys along with about thirty others are students of 'Deaf and Dumb Section' of Physically Handicapped School situated at Bargarh. State has refused to accord recognition and provide grant-in-aid to this section. The said action is assailed by the petitioners attributing arbitrariness, and lack of concern.2. The heart-rending background described by the petitioners is as follows:A school for physically handicapped children was started in the year 1991 styled 'phisically Handicapped School at Bargarh'. The said institution has three sections, one each for the blind, the physically handicapped and the last one for the deaf and dumb. The institution was started with the active help and assistance of Janata Sangharsha Samittee, a regist...
Nirmal Chandra Mahakud Vs. the Conservator of Forests and anr.
Court: Orissa
Decided on: Mar-09-1994
Reported in: 1994(II)OLR135
L. Rath, J.1. This is yet another instance of transit permit sought for by a person under the Orissa Timber and Other Forest Produce Transit Rules. 1980 for short 'T. T. Rules', for removal of timber purchased by him from private recorded tenants to have eluded him since 1981 in spite of his having moved this Court suceessively on two prior occasions and hence being compelled again to make a third attempt. The facts tersely stated are that the petitioner purchased the trees standing on three private recorded holdings in 1981 and in the same year made applications in Form-Ill of the T. T. Rules for issue of transit permit for removal of timber and firewood. It appears from the counter affidavit that the applications were made on 20-1-1981. Steps were taken for conduct of joint verification of the plots and the trees by the forest authorities as well as the revenue-authoritis.B by opposite party No. 2, the Divisional Forest Officer addressing letter to the Tahasildar, Udala to depute a r...
Saraswati Gandane Vs. Mst. Muktabati Basra and ors.
Court: Orissa
Decided on: Mar-05-1994
Reported in: 1994(I)OLR580
K.C. Jagadeb Roy, J.1. This present A.H.O. has been preferred by the plaintiff challenging the decision of the Hon'ble Single Judge dated 17-11-1987 passed in Misc. Case Nos. 52, 53 and 54 of 1987 arising out of First Appeal No. 175/75 rejecting the applications for substitution of the legal representatives of deceased Respondents Nos. 1, 3, and 4 of the First Appeal and setting aside the abatement because of the late filing of the said substitution petitions. The Hon'ble Single Judge rejected the petitions and observed that Respondent No. 1 died sometime in the year 1984, and Respondent No. 3 died sometime in 1983. As far as Respondent No. 4 is concerned, she died, according to the Hon'ble Single Judge, leaving no legal heir and her name was only to be expunged from the records. In the impugned order, the Court had observed that the actual date of death of the aforesaid respondents was not mentioned. The counter that was filed to such application also did not give the actual dates of ...
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