Orissa Court April 1994 Judgments
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Miss Kalpanamayee Devi Vs. Indira Gandhi National Open University and ...
Court: Orissa
Decided on: Apr-29-1994
Reported in: 78(1994)CLT453; 1994(II)OLR56
P.C. Naik, J.1. The petition under Arts. 226 and 227 of the Constitutipn of India has been filed for issuance of appropriate writ, direction or order commanding the opp. parties to regularise the services of the petitioner and absorb her permanently as a Professional Assistant or serni-Professional Assistant on the appropriate pay scale attached to the post with all consequential pecuniary benefits. The further prayer is for directing the opposite parties not to give effect to the order dated 18-6-1993 (Annexure-26) whereby the Regional Directors of the Univer- sity have been asked not to engage any part time staff of any category without prior sanction and to dispense with the services of part-time staff already employed by them.2. The facts giving rise to the petition are hereinafter stated :Vide order dated 26-3-1987 the petitioner was initially appointed as a Librarian on ad hoc basis on a consolidated pay of Rs. 500/- per month for a period of 89 days or till regular appointment w...
Dharmananda Behera Vs. State of Orissa
Court: Orissa
Decided on: Apr-29-1994
Reported in: 1994(II)OLR114
A. Pasayat, J.1. The petitioner prays for a direction to grant him benefit of detention in custody in a case which ended in acquittal, in another case for which he is presently in custody2. The case presents some interesting features. Filtering out unnecessary details, fact situation which is undisputed is as follows :The petitioner is in custody having been convicted to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, with default stipulation of six months rigorous imprisonment, in S. T. No. 110 of 1979 arising out of G.R. Case No.B61 of 1978. The original judgment passed by the Asst. Sessions Judge, Cuttack was confirmed in appeal by the learned Sessions Judge, Cuttack in Criminal Appeal No. 31 of 1981. This Court did not interfere in Criminal Revision No. 547 of 1981. Apex Court affirmed the conviction and sentence in Criminal Appeal No. 377 of 1986. In the above case, he was in custody as an under-trial prisoner from 22-7-1979 to 22-11-1979. After his s...
New India Insurance Co. Ltd. Vs. G. Krishna Rao and ors.
Court: Orissa
Decided on: Apr-27-1994
Reported in: 1995ACJ176; 78(1994)CLT767; [1995(71)FLR1]; (1995)IILLJ1041Ori; 1994(I)OLR491
R.K. Patra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short, 'the Act'), in which the insurer challenges the judgment and order of the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Jeypore (hereinafter referred to as 'the Commissioner'), awarding compensation of Rs. 29,949 in favour of respondent No. 1.2. Respondent No. l filed an application before the Commissioner alleging that G.Irrama, his deceased wife, was working under Bhagirath Engineering Limited, respondent No. 2, as a labourer at Loliguda, in the construction of railway line and residing in one of the huts provided by the employer at the site Loliguda. In the midnight of April 11, 1988, there was fire in the site which engulfed the hut in which the deceased was sleeping and was burnt alive. On the basis of the aforesaid allegations, respondent No. l claimed compensation of Rs. 50,000 on account of the death of his wife. Bhagirath Engineering Limited (res...
Divisional Manager, New India Assurance Co. Ltd. Vs. G. Krishna Rao an ...
Court: Orissa
Decided on: Apr-27-1994
Reported in: I(1995)ACC582
R.K. Patra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act. 1923 (for short, the Act) in which the insurer challenges the judgment and order of the Commissioner of Workmen's Compensation-cum-Assistant Labour Commissioner Jeypore (hereinafter referred to as the Commissioner) awarding compensation of Rs. 29,949/- in favour of respondent No. 1.2. Respondent No. 1 filed an application before the Commissioner alleging that G. Irrama, his deceased wife, was working under Messrs Bhagirath Engineering Limited respondent No. 2 as a labourer at Loliguda in the construction of railway line and residing in one of the huts provided by the employer at the site Loliguda. In the mid-night of 10.4.1988 there was fire in the site which engulfed the hut in which the deceased was sleeping and was burnt alive. On the basis of the aforesaid allegations, respondent No. 1 claimed compensation of Rs. 50,000/- on account of the death of his wife. Messrs Bhagirath Engineering Limited (...
Khirod Kumar Mishra Vs. Ramesh Chandra Biswal and anr.
Court: Orissa
Decided on: Apr-26-1994
Reported in: 1994ACJ1065; AIR1994Ori244; 1994(I)OLR546
R.K. Patra, J.1. Whether on the facts and circumstances of the case the consolidated compensation of Rs. 15,000/- granted in favour of the appellant is the just award? --this is the just point which arises for consideration in this appeal. The appellant claims that for the injuries sustained by him on account of the accident the amount of Rs. 15,000/- is wholly inadequate whereas the respondent-insurer asserts that the amount awarded by the Tribunal is commensurate with the injuries sustained and the sufferings undergone by the appellant.2. On 6-7-1981 the appellant while was going on his bicycle by the left flank of the road from Panikoili side towards Bhadrak, near Barikpur on the National Highway No. 5, the offending van bearing registration number O.S.C. 8509 belonging to respondent No. 1 and insured with respondent No. 2 came in a high speed without blowing any horn from back side and dashed against the bicycle of the appellant as a result of which he was thrown away from his bicy...
Mahanadi Coalfields Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-26-1994
Reported in: AIR1994Ori258; 1995(I)OLR544
G.B. Patnaik, J.1. The constitutional validity of the Orissa Rural Employment, Education and Production Act, 1992 (Orissa Act 36 of 1992) (hereinafter referred to as the 'impugned Act') has been challenged in this batch of writ applications. The petitioners are the Mahanadi Coalfields Ltd., a Government Company, with whom the land in question vests in accordance with Section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (Central Act 20 of 1957) (hereinafter referred to as the 'Acquisition Act') and some Consumers of coal who purchase coal from the Mahanadi Coalfields Ltd. for their own consumption as well as some Traders in coal. While all the petitioners assail the constitutional validity of the Act, the consumers and traders, in addition, urge that even if the Act is valid, the levy in question being on land, the said burden cannot be passed on to the consumers and traders in fixation of the price of coal sinceprice of coal is fixed by the Government of India u...
Sk. AllauddIn Vs. Shamima Akhtari and anr.
Court: Orissa
Decided on: Apr-26-1994
Reported in: 1995CriLJ228; 1994(I)OLR589
A. Pasayat, J.1. The petitioner questions jurisdiction of the Family Court set up and r the Family Courts Act, 1984 (in short, the Act') to deal with an application Under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, the 'Divorce Act').2. Background facts giving rise to the application before this Court are as follows :An application was filed by Shamima Akhtari (opposite party No. 1 in this application) Under Section 3 of the Divorce Act claiming maintenance from petitioner for dower due, reasonable provisions for maintenance as part of dower due, return of gifts and for maintenance of a child born to them for the. period between date of complaint, i. e., 28-12-1990 and July, 1991, the expected date of delivery of the baby. It was alleged in the petition that on 28-12-1990 the petitioner divorced opp. party No. 1 in the presence of Choukidar of the locality, who informed opp. party No. 1 regarding the said divorce. Due to such irrevocable divorce...
Kanda Khadia Vs. State of Orissa
Court: Orissa
Decided on: Apr-26-1994
Reported in: 1994CriLJ3131; 1994(II)OLR96
G.T. Nanavati, C.J.1. The learned single Judge hearing this criminal revision application thought it fit to refer the following question to a larger Bench as he was of the view that the decision of this Court in Girish Naik v. State of Orissa, (1994) 7 O R 22, is not consistent with the Division Bench decision in Nilamber Sahu v. State of Orissa 1990 (I) OLR 424 :'Whether the view expressed in Girish Naik's case about application of Section 4 of the Probation Act to offenders convicted undar tha Act is correct in view of the contrary view expressed by a Division Bench in Nilambar Sahu's case (supra) ?'2. The accused in this case has been convicted under Section 47(a) of the Bihar and Orissa Excise Act (for short, 'the Act') and has been sentenced to suiter rigorous imprisonment for six months and to pay a fine of Rs. 5.000/-. Before the trial Court, the question of application of the Probation of Offenders Act to the accused was not raised. In appeal before the Court of Session also, s...
Radharani Panda Vs. Arnapurna Padhi Alias Panda and anr.
Court: Orissa
Decided on: Apr-26-1994
Reported in: 78(1994)CLT649; 1994(II)OLR106
A. Pasayat, J.1. Petitioner's motion to implead Arnapurna Padhi alias Panda which was accepted by the learned Judicial Magistrate, First Class, Jaipur having been upset by the learned Additional Sessions Judge, Jajpur in revision, this application has been filed.2 The background facts giving rise to this application are as follows:The petitioner fried a complaint in the Court of learned Sub- divisional Judicial Magistrate, Jajpur (in short, 'SDJM')on the basis of which !CC No, 396 of 1990 has been registered. Cognizance was taken by the learned SDJ.M of offence punishable under Section 498A/34, Indian Penal Code, 1350 (in short, '1PC') Ramesh Chandra Panda.Kesbaba Chandra Panda and Santi lata Panda, the pro forma opposite parties were directed to face trial. It is relevant to note that complaint was filed in respect of four persons including the present opposite party No. % Arnapurna Panda. Process was issued only against pro forma opposite parties, but not against opp. party No. 1. Af...
Oriental Insurance Co. Ltd. Vs. Arjuna Kumar Sahu and anr.
Court: Orissa
Decided on: Apr-26-1994
Reported in: II(1994)ACC514
A. Pasayat, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act') the Oriental Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of the award made by the Third Motor Accidents Claims Tribunal, Puri (in short, the 'Tribunal').2. On the basis of an application filed under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Old Act') by Arjuna Kumar Sahu (hereinafter referred to as the 'claimant') M.A.C.T. Misc Case No. 831 of 1987 was instituted. The claimant claimed compensation of Rs. 1 lakh for the injuries allegedly sustained by him, in an accident which took place on 6.11.1987 at about 8.30 a.m. near Palasuni Check Gate on Cuttack-Bhubaneswar Road. According to him, while he was moving in a Hero Honda Motor Cycle bearing registration No. OSU 3805 from Cuttack to Bhubaneswar on his left side at a normal speed with his sister-in-law as the pillion rider, a car bearing registration No. OSX 500...
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