Orissa Court September 1994 Judgments
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Chhatar Singh and ors. Vs. Subash Chandra Panda
Court: Orissa
Decided on: Sep-30-1994
Reported in: 1994(II)OLR639
A. Pasayat, J.1. A question of seminal importance revolving round interpretation of the expression 'two months' as appearing in Sub-section (4); of Section 144 of the Code of Criminal Procedure, 1973 (in short, 'Cr PC') falls for adjudication in this case. According to the petitioners, the expression means sixty days; while the opposite party emphasised that it means two calendar months and not sixty days. The latter's stand having been accepted by the courts below the present, application has been filed.2. The dispute has arisen in the following background. An order was passed by the Executive Magistrate, Bargarh in Criminal Misc. Case No. 262 of 1992 on 23-7-1992 exercising power under Section 144, Cr PC. On 22-9-1992 it was felt by him that circumstances warranted resort to action under Section 145, Cr PC, and accordingly order was passed. Petitioners' stand is that after expiry of sixty days, such an order could not have been passed.3. The expression of the word 'month' has not bee...
Oriental Insurance Co. Ltd. Vs. MartIn Kanduna and anr.
Court: Orissa
Decided on: Sep-28-1994
Reported in: I(1996)ACC117; 1995ACJ522; AIR1995Ori19
R.K. Patra, J.1. The Second Motor Accident Claims Tribunal by the impugned judgment and order has awarded a sum of Rs. 1,01,406/- as compensation to respondent No. 1. The entire liability having been saddled on the insurance company, it has filed this-appeal challenging the quantum as well as its liability. Respondent No. 1 has also filed cross objection contending that the compensation awarded by the Tribunal is inadequate and he is entitled to a further sum of Rs. 92,600/- as compensation, The appeal and the cross-objection were heard together and are disposed of by this judgment.2. Respondent No. I Martin Kandulana was reading in Class V in Baharupada U. P. School and was aged about 11 years at the relevant time. On 8-12-1988 he along with other students and teachers of the said school went to Mandira dam on picnic in the bus bearing registration number OAS 2064 which belonged to respondent No. 2. While they were returning in the night of 9-12-1988, the bus stopped near Bhursipali c...
New India Assurance Co. Ltd. Vs. Sulochana Bewa and ors.
Court: Orissa
Decided on: Sep-28-1994
Reported in: 1995ACJ1267; AIR1995Ori153; 1995(I)OLR205
R.K. Patra, J.1. The aforesaid appeals (except Misc. Appeal No. 241 of 1991 filed by the claimants) have been filed by the Insurance Company challenging a common judgment of the Second Motor Accident Claims Tribunal, Cuttack, by which it has disposed of seven claim petitions. As all the appeals are analogous and arise out of the same judgment, they were heard together and are disposed of by this judgment.2, The common case of the claimants is that on 7-1-1987 at about 6 p.m. the offending truck bearing registration number OSU 2478 belonging to Harmohan Das who is one of the respondents and insured with the appellant was coming in high speed from Paradeep towards Chandikhole. At Hazari Chhak on the Paradeep-Chandikhole Express High Way the said truck suddenly swerved to its left and then capsized. On account of this accident which was due to rash and negligent driving of the driver of the truck, the helper Birabar Behera, a pedestrian Misra Abid Baig died due to the injuries sustained b...
Steel Authority of India Vs. Regional Labour Commissioner (Central) an ...
Court: Orissa
Decided on: Sep-28-1994
Reported in: (1995)ILLJ1007Ori; 1995(I)OLR122
R.K. Patra, J.1. Whether a person after he ceases to be an 'employee' as defined inSection 2(e) of the Payment of Gratuity Act, 1972. Where in after referred to as ('the Act'), is entitied to receive better terms of gratuity as provided in Sub-section (5) of Section 4 of the Act and, if so, whether the Controlling Authority under the Act is competent to grant such relief? This is the moot question that arised for consideration in this writ petition.2. The facts which are not in dispute may be briefly stated:Opp. party No. 3 Gour Mohan Giri came to be appointed as an Accountant-cum-Cashier on August 24, 1955 under the erstwhile HindustanSteel Limited now renamed-named as Rourkela Steel Plant, Steel Authority of India Ltd., on wages not exceeding Rs. 1600/- per month. When he retired on superannuation (the date being August 31, 1984) he was the AssistantManager (Admn.) and was drawing a salary of Rs. 2850/- per month. As gratuity was not paid to him after his superannuation, opp. party N...
Prasanta Kumar Rout, Orissa Law Reviews Vs. Government of Orissa, Repr ...
Court: Orissa
Decided on: Sep-27-1994
Reported in: 1994(II)OLR444
G.B. Pattnaik, J.1. This application is a public interest litigation by one of the inhabitants of Markatnagar alleging therein that the public authorities have failed to take appropriate steps in getting the excess water drained, as a result of which the so-called new township has been inundated and has been cut off from the city of Cuttack and the people living therein have been deprived of their right to life as enshrined, in Art. 21 of the Constitution. According to the petitioner, an obligation is cast upon the State to preserve the life of every person and right to life within the meaning of Art. 21 of the Constitution means, right to leave with human dignity. But the State has utterly failed in preserving the lives of the inhabitants of Markat- nagar on the pretext of a natural calamity and accordingly they are entitled to a direction from the Court to the State Government as well as the Cuttack Development Authority to take appropriate measures.2. The city of Cuttack is situated...
Kamala Dei Vs. Balabhadra Behera
Court: Orissa
Decided on: Sep-27-1994
Reported in: 1995(I)OLR24
D.M. Patnaik, J.1. The appeal is against the confirming Judgment of the lower appellate Court dismissing the plaintiff's suit for declaration of right, title and interest in the suit property.2. Plaintiffs case is that she being the sole heir of her father, Udayanath Gaya (since dead) succeeded to the entire interest of the property of Pandari Bewa, her paternal grand-mother, who was admittedly the recorded holder in respect of the disputed land measuring Ac. 0.73 decimals under plot Nos. 691 694, 1080 and 1251 of village Itamati in the district of Puri (presently Khurda). She fired the suit claiming that the defendant having no manner of right title and interest in the property in question created trouble by forcibly entering into the land on 15-1-1975 on the basis of a Will executed by Pardari sometime in the year 1959. The plaintiff claimed that the said Will was the result of undue influence and/or fraud practised on Pandari who was an old, illiterate and Purdanashin lady. The defe...
Executive Engineer, M.i. Division, Rayagada, Koraput Vs. Niranjan Behe ...
Court: Orissa
Decided on: Sep-26-1994
Reported in: 1995ACJ1102; AIR1995Ori81
R.K. Patra, J.1. The Executive Engineer, Minor Irrigation Division, Rayagada has filed this appeal challenging the judgment of the Second Motor Accident Claims Tribunal (S.D.), Berhampur awarding compensation of Rs. 60,000/- in favour of the respondent.2. The respondent is a Government servant and at the relevant time was an Assistant Engineer working in the Minor Irrigation Sub-Division, Koraput. His case was that on 6-5-1987 at about 1.30 p.m. while he was returning from Jeypore to Koraput in the Government jeep bearing registration number ORK 1757, it met with an accident on the way near the R.T.O. office at Koraput while negotiating a turn. Due to the said accident, he sustained multiple bodily injuries. He was immediately shifted to the headquarters hospital, Koraput and thereafter he was moved to K. G. Hospital, Visakhapatnam for better treatment After being discharged from the K. G. Hospital, he was also treated as an out-door patient for about eight months in the headquarters h...
Collector, Balasore and ors. Vs. Sukadev Samal and ors.
Court: Orissa
Decided on: Sep-23-1994
Reported in: AIR1995Ori72; 1995(I)OLR50
ORDERA.K. Padhi, J.1. Judgment-debtors of O.S. No. 14 of 1986-1 are the petitioners. Civil Revision has been filed challenging the order dated 5-11-1993 arising out of Execution Case No. 7 of 1991.2. Opposite parties as plaintiffs filed the suit praying for permanent injunction and for the direction not to interfere with their possession and with further prayer for mandatory injunction and removal of the constructions made by the defendants over their land and for other ancillary reliefs arraying the present petitioners who are Collectors, Balasore and others as defendants. In the aforesaid suit, the plaintiffs alleged that defendants had executed the work of construction of escape on the suit land of which plaintiffs were the owners. Since without any manner of right, title and interest defendants were trying to interfere in the right, title and interest of the plaintiffs' permanent injunction be granted directing them not to intefere with in the possession of the plaintiffs. Plaintif...
income-tax Officer Vs. Bijay Kumar Sharma and Mahabir Prasad Sharma
Court: Orissa
Decided on: Sep-23-1994
Reported in: [1995]211ITR899(Orissa); 1995(I)OLR213
A. Pasayat, J.1. All the four cases are indeed an assortment having a common axis, identical questions. They are, therefore, disposed of by this common judgment to govern each one of them. Prosecutions launched by the income-tax authorities (hereinafter referred to as 'the Revenue') against Bijaya Kumar Sharma and Mahabir Prasad Sharma (each of them referred to as 'the assessee' by name) were dropped by the Additional Chief Judicial Magistrate (Special), Cuttack (in short, 'A. C. J. M.'), by the impugned order in each case. Such action is the subject-matter of challenge.2. The litigous history, undisputed in major particulars, sans unnecessary details runs as follows : Bijaya and Mahabir filed returns of income as required under the Income-tax Act, 1961 (in short, 'the Act') before the Income-tax Officer, Balangir, for the assessment years 1987-88 and 1988-89 on March 30, 1990, and April 2, 1990, respectively. The Assessing Officer did not accept the income returned. Basing on the mate...
D.M. Bhandari and ors. Vs. State
Court: Orissa
Decided on: Sep-23-1994
Reported in: 1995CriLJ3201; 1994(II)OLR545
A. Pasayat, J.1. In this application under Sec. 482 o1 the Code of Criminal Procedure, 1973 (in short, the 'Code') petitioners call in question legality of order dated 18-1-1991 passed by the Executive Magistrate. Jharsuguda in C. M. C. No. 11 of 1994, requiring them to show cause as to why each one of them shall not be directed to execute bond of Rs. 5000/- with one surety for keeping peace in the locality for a period of one year. The order was passed in purported exercise of power Under Section 107 of the Code. According to petitioners, the order is outcoms of non-application of mind and has been errone- ously passed. Learned counsel for State on the other hand, supported the order stating that the application is premature as it was open to petitioners to file show cause reply and indicate their state instead of rushing to this Court.2. Before dealing with various contentions of parties it is necessary to take a bird's eye view of the facts situation as described by petitioners. An ...
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