Orissa Court August 1994 Judgments
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The Oriental Insurance Co. Ltd. Vs. Abdul Sahid Khan and ors.
Court: Orissa
Decided on: Aug-05-1994
Reported in: II(1994)ACC712; 1995ACJ624; 1994(II)OLR336
R.K. Patra, J.1. The insurer-appellant challenges the award of the Second Motor Accident Claims Tribunal by which it has directed it (appellant) to pay compensation of Rs. 75,000/- to the respondents 1, 2 and 5.2. The deceased was Attaullah Khan. At the relevant time he was working as a watch repairer under M/s. Utkal Watch Company, Dolamuhdai, Cuttack. On 13-1-1986 at about 6 a. m. while he was returning from milk centre with a Cane of milk in his hand on the left side of the road, the truck bearing registration number ORU 3289 belonging to respondent No. 6 came in high speed and knocked him down near the mosque at Jobra as 3 result of which he sustained severe injuries. Ha was removed to the S C B, Medical College and Hospital, Cuttack where he succumbed to the injuries. Respondent No. 2 is the widow of the deceased Attaullah Khan. Respondent No 1 is his son and respondent Nos. 3 to 5 are his daughters. Alleging that the accident took place due to the rash and negligent driving of th...
Laxmidhar Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-05-1994
Reported in: 1995CriLJ2456; 1994(II)OLR379
G.T. Nanavati, C.J.1. The petitioner's truck was seized by forest Range Officer on a reasonable suspicion that it was involved in commission of a forest offence. In the proceedings initiated under Section 66 of the Orissa Forest Act, 1972 (for short 'the Act'), the Authorised Officer passed an order for confiscation of the truck. Aggrieved by that order, the petitioner preferred an appeal under Section 56 (2-e) to the District Judge having jurisdiction over the area in which the truck was seized. The appeal having been dismissed, the petitioner has filed this petition.2. When this petition earlier came up for hearing before a Division Bench, a contention was raised on behalf of the petitioner that under Section 56, the concerned District Judge has the power to hear and appeal, and, therefore, disposal of his appeal by the Sessions Judge, even though he also happens to be the District Judge, should be regarded as ultra vires. In support of that contention, the Division Bench decision of...
Ashok Kumar Moharana Vs. State
Court: Orissa
Decided on: Aug-04-1994
Reported in: 1995CriLJ207; 1994(II)OLR512
A. Pasayat, J.1. Petitioner calls in question legality of his conviction for an offence punishable Under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 On short, 'Railway Property Act'). Petitioner was found guilty by learned Judicial Magistrate, First Class, Khurda and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- with default sentence of three months' rigorous imprisonment. In appeal, conviction and sentence were maintained.2. Though in the revision application several points were urged to label conclusion of Courts below to be erroneous Mr. S.K. Sahu learned counsel restricted the challenge to one point, which acceptedly was not raised before Courts below. According to him, prescriptions of Section 6 of the Probation of Offenders Act, 1958 (in short, the 'Act') was not kept in view by the Courts below Learned counsel for State submitted that this is a factual controversy as age of the offender is the determinative factor, w...
Rabindra Nayak Alias Rabindra Kumar Nayak Vs. State of Orissa
Court: Orissa
Decided on: Aug-04-1994
Reported in: 1994CriLJ3521
ORDERA. Pasayat, J.1. Heard learned counsel for petitioner and the learned counsel for State.2. Petitioner's grievance is that the learned Judicial Magistrate, first class, Baramba was not justified in remanding the petitioner to custody beyond the period of fifteen days, that too in the absence of petitioner. So far as the first plea is concerned, in view of what has been stated by a Full Bench of this Court in Banka v. State, (1992) 5 Orissa Cri R 555 : (1993 Cri LJ 442), and by a Division Bench of this Court in State v. Fagu Mallick etc. etc. (1993) 6 Ori Cri R 604, the plea is clearly untenable.3. Reliance was placed on a decision of this Court in Ramnath Naik v. State of Orissa, (1993) 6 Ori Cri R 237 to contend that in the absence of the accused an order of remand cannot be passed. In view of a Division Bench decision of this Court to which I was a party in Suresh Chandra Dash alias Suresh Narayan Dash v. State of Orissa, (1994) 7 Ori Cri R 562, the plea is without substance. The...
Samrat Industries Vs. Regional Director, Esi Corpn.
Court: Orissa
Decided on: Aug-03-1994
Reported in: (1995)ILLJ171Ori; 1994(II)OLR328
R.K. Patra, J.1. The petitioner M/s. Samrat Industries has filed this writ petition under Article Nos. 226 and 227 of the Constitution of India challenging the legality of levy of damages amounting to Rs. 8, 114.65 made under Section 85B of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') as per the order (Annexure-6) of the Regional Director, Employees State Insurance Corporation, Bhubaneswar-opposite party for 'delayed payment of amount of contribution (both employer's contribution and employees' contribution) for the period of April 1, 1976 to October 30, 1978'. 2. The case of the petitioner is that it is a partnership firm and was previously being managed by one Kuidiy Rai Kakkar and following his death in the year 1983, the management of the petitioner firm was dislocated and some records were not immediately available which resulted in non-payment of contributions for certain period under the Act. The opposite party initiated Certificate Case No 13 ...
Mohammed Habib Ummer Sahigir and ors. Vs. Commissioner of Sales Tax an ...
Court: Orissa
Decided on: Aug-03-1994
Reported in: 1994(II)OLR410
G.T. Nanavati, C.J.1. All these petitioners involve a common question of law and, therefore, they are disposed of together by this common judgment.2. The petitioners are dealers in betel-nuts and other goods They are so registered under the Orissa Sales Tax Act and the Central' Sales Tax Act. They (except the patitioner in OJC No. 6525/9J) purchase betel-nuts from registered dealers of other States either by placing purchase orders directly from Cuttack or through their branches or against in those States. The goods thus purchased are despatched from those States by trucks or other transport vehicles. They carry with them invoices, way-bills and other documents. The way-Dills specify names of the consignors, names of the consignees and description of the goods including quantity or weight and value of the goods. It is the petitioners' case that even whom the goods are thus accompanied by proper documents, the officer-in-charge of the check- posts or barriers misusing their power Under ...
Prafulla Kumar Mohapatra Vs. Chairman, Baitarani Gramya Bank and ors.
Court: Orissa
Decided on: Aug-03-1994
Reported in: 78(1994)CLT955; 1994(II)OLR484
G.T. Nanavati, C.J.1. The petitioner is serving as a Junior Clerk-cwm-Cashier in Baitarani Gramya Bank, oppt. party No. 1. On 26-3- 1987 the Bank issued a circular informing ail concerned that it wanted to till up 24 posts of Field Supervisor by internal promotion from among the eligible Junior Clerk-cum -Cashiers. The promotions were to be given on the basis of appraisal of performance of the eligible candidates and result of the viva voce test. Those clerks who had put in six years' service were to be considered as eligible for promotion. For appraisal of the performance, 70 marks and for viva voce test 30 marks were allotted. It appears that in the Board's meeting which was held on 25-5- 1987 it was decided that the minimum eligible marks shall be 40%, i.e., 28 out of 70 marks, allotted for appraisal of the performance. The appraisal was to be done for the years 1986 and 1987. The petitioner, as it now appears, secured 49 marks out of 70, but in the viva voce test, he secured 11 mar...
Baikunthanath Sahu Vs. Gangadhar Sahu and ors.
Court: Orissa
Decided on: Aug-02-1994
Reported in: AIR1995Ori194
ORDERR.K. Patra, J.1.This revision is directed against the judgment of the learned 1st Additional District Judge, Puri affirming the order of the learned Subordinate Judge in removing the petitioner from the office of receiver.2. The petitioner and opposite parties 1 to 4 are brothers and have constituted a partnership firm by name Durga Wood Works. The firm is engaged in timber business and owns a saw mill at Nayagarh. Alleging that the opposite party No. 2 and the petitioner have been misutilising the assets of the firm and misappropriating its funds and have commenced another rival partnership firm by name M/s. Kalinga Wood Works which is also engaged in timber business, the opposite party No. 1 has filed T. S. No. 188 of 1986 in the court of the learned subordinate Judge, Nayagarh for dissolution of the partnership firm Durga Wood Works and for rendhion of accounts. The case of the contesting defendants is that the plaintiff has ceased to be a partner of the firm since March, 1985 ...
Pami Bisoyi and ors. Vs. Lakshmana Bisoyi and ors.
Court: Orissa
Decided on: Aug-01-1994
Reported in: AIR1994Ori332; 1994(II)OLR362
R.K. Patra, J.1. The unsuccessful plaintiffs have filed this Letters Patent Appeal against the judgment of a learned single Judge of this Court who has affirmed the judgment and decree of the learned Subordinate Judge dismissing the suit for declaration of their title over the suit land, for recovery of possession of the same from the receiver and for refund of Rs. 10,100/- kept in deposit in the Criminal Court.2. The case of the appellants is that the suit land admeasuring A. 10.47 cents situated in the erstwhile Dharokote Estate was the occupancy holding of their grandfather late Bhabani (Ranjit) Bisoi, as occupancy raiyat Bhabani was paying rajbhag to the ex-Jamin-dar of the said estate. Subsequently, the rajbhag payable in respect of the suit land was granted as inam to Bhabani who in consideration of the said grant was paying favourable rent called 'Katubadi' to the ex-Zamindar. Under this state of affairs, Bhabani became the owner in possession of the suit land in two capacities,...
Rabinarayan Samal Vs. Bharat Samal and ors.
Court: Orissa
Decided on: Aug-01-1994
Reported in: 78(1994)CLT895; I(1995)DMC126
A. Pasayat, J.1. An interesting point raised in this application is whether death of a person arraigned as first party in a proceeding under Section 10, Code of Criminal Procedure, 1973 (in short, 'Cr. P.C.' brings an automatic end to the proceeding.2. Since the dispute revolves round the aforesaid question of law, detailed reference to the facts situation is unnecessary. Briefly stated, same is as follows :3. On the basis of allegation made by late Manjana Samal, wife of petitioner Rabinarayan Samal, a proceeding under Section 107, Cr. P.C. was initiated. She was described as the first party in the proceeding. After opposite party Nos. 1 to 8 appeared, they were inquired to execute interim peace bonds in terms of Section 116(3), Cr. P.C., which they did on 28.8.1992. During pendency of the proceeding Manjana breathed her last on 30.8.1992. Opp. party Nos. 1 to 8 filed an application to drop the proceeding on the ground that after her death, the proceeding did not survive. Reliance was...
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