Orissa Court March 1995 Judgments
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The United India Insurance Co. Ltd. Vs. Ashok Kumar Rout and ors.
Court: Orissa
Decided on: Mar-20-1995
Reported in: II(1995)ACC638
A. Pasayat, J.1. These two appeals are interlinked in the sense that one is directed against decision relating to fixation of no fault liability, and other against quantum awarded by Second Motor Accidents Claims Tribunal (N.D.), Sambalpur, Camp-Dhenkanal (in short, 'the Tribunal').2. Factual position is as follows. One Prasanta Kumar Nayak lost his life in accident which took place on 12.3.1988. A bus bearing Registration No. ORU 7737 owned by one Ashok Kumar Nayak was involved in the accident. The Tribunal quantified entitlements of the claimants who were parents, brothers and sisters of the deceased at Rs. 1,43,000/-. Interest @ 12% per annum from the date of application i.e. 28.4.1988 till payment was granted. It was held that the deceased was working in a photo studio was earning Rs. 1400/- per month and was contributing Rs. 7,00/- per month for the maintenance of his dependents.3. In support of appeals Mr. A.K. Mohanty, learned Counsel for appellant has submitted that on the date...
Sushila Saw Mill Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-16-1995
Reported in: AIR1995Ori256
V.A. Mohta, C.J.1. This is yet another round of attack on constitutional validity of Section 4(1) of the Orissa Saw Mills and Saw Pits (Control) Act, 1991 ('the Act') on the ground that it violates Articles 19(1)(g) and 14 of the Constitution. By the said provision is created a total ban against the operation or establishment of private saw mills/pits in the prohibited zone specified therein, namely, a reserved forest, protected forest or any forest area or area within ten kilometers from the boundary of any such forest or forest area. Earlier round of attack was in the case ofLaxminarayan Saw Mill etc. v. State of Orissa, 1995 (1) CLR (FB). Tracing the historical background of the Legislation and its purpose, this Court upheld the validity. Following observations made therein are relevant:--'.........Fundamental right to practice anyprofession or to carry on an occupation, trade or business is specified under Article 19(1)(g) of the Constitution. But this right is subject to limitatio...
Sahadev Patra Vs. the Chief Conservator of Forests, Orissa and ors.
Court: Orissa
Decided on: Mar-16-1995
Reported in: AIR1995Ori242
V.A. Mohta, C.J.1. As against the following factual backdrop the only point to be determined in this writ petition is :Whether the second appeal filed by the petitioner before Chief Conservator of Forest under proviso to Rule 10 of the Orissa Saw Mills and Saw Pits (Control) Rules, 1980 ('the Rules') made in exercise of the Orissa Forest Act, 1972 is maintainable or not?2. The petitioner is a holder of a licence to run saw mill under the Rules. He received a notice under Rule 8 of the Rules for showing cause as to why his licence should not be cancelled. After hearing him, the licence was cancelled by the District Forest Officer by order dated 16-2-1990, Against the said order, the petitioner preferred a First Appeal in terms of Rule 10 of the Rules, before the Conservator of Forest in the year 1990. It was dismissed on 28-1-1995. The petitioner filed second appeal in terms of the proviso to Rule 10. On 10-2-1995 the Chief Conservator of Forest has referred to the State Government the ...
Larsen and Toubro Ltd. Vs. Presiding Officer, Industrial Tribunal and ...
Court: Orissa
Decided on: Mar-16-1995
Reported in: (1997)IIILLJ1068Ori
1. The order of the Presiding Officer, Industrial Tribunal dated September 30, 1993 in a reference made at the instance of the workman under Section 10 of the Industrial Disputes Act directing the management to lead evidence is under challenge in this writ application.2. On the basis of a conciliation failure report the State Government in exercise of its power under Sub-section (5) of Section 12 read with Clause (1)(d) of Section 10 of the Industrial Disputes Act has referred the dispute for adjudication of the Industrial Tribunal, the dispute being :-'Whether the termination of service of Sri. Muralidhar Das a Clerical Trainee by the Management of M/s Larsen & Toubro Ltd. (Kansbahal Works), Kansbahal, Sundargarh, with effect from November 3, 1984 is legal and/or justified If not to what relief Sri Das is entitled ?'After the proceeding was initiated before the Tribunal the workman was called upon to file his statement of claim and thereafter the employer had also been called upon to ...
Sarat Kumar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-16-1995
Reported in: AIR1995Ori35; 1995(I)OLR597
S. Chatterji, J.1. The present writ petition has a chequered background indeed. The writ petitioner, who was apromotee District and Sessions Judge and a member of the Judicial Service of the State has sought for the reliefs as indicated below :(i) To treat the period of leave from 16-5-1971 to 17-1-1974 as on duty;(ii) To allow the petitioner to retire as District Judge on 30-6-1978(A.N.);(iii) To allow the petitioner all the financial and service benefits in the rank of District Judge as in normal course;(iv) To allow the petitioner the benefit of promotion with necessary financial benefits to the selection grade post from the date his junior in the gradation list was promoted because of the proceeding pending then against the petitioner;(v) To allow the petitioner interest at the rate of 12% per annum from he date of initiation of the proceeding till the date he is allowed and till when actually he draws the amount claimed by him;(vi) To allow him the benefit of addition of 5 years o...
Jagannath Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-16-1995
Reported in: 1995(I)OLR582
D.P. Mohapatra, J.1. The orders of the State Government communicated in the letter dated 7-3-1991 of the Special Officer-cum- . Deputy Secretary to Government to the Director, Secondary Education . Orissa (Annexure-8) and in the letter dated 9-6-1993 of the Deputy Secretary to Government in the Department of Schools and Mass. Education to the Director, Secondary Education, Orissa (Annexure -10) and the order of the Deputy Director (NGS) Orissa dated 9-11-1993 (Ahnexure-1 1) are sought to be quashed in this application filed under Articles 226 and 227 of the Constitution of India. 2. The controversy raised in this case relates to inter se seniority between the petitioner, Jagannath Sahoo and opp. party No. 5, Gayadhar Majhi as trained graduate teacher and promotion to the post of Headmaster of the 0.T.M. High School at Choudwar, an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act Both of them were Assistant Teachers of the said school. In the...
Collector, Cuttack Vs. Bhima Sahu and ors.
Court: Orissa
Decided on: Mar-13-1995
Reported in: AIR1996Ori70
ORDERD.P. Mohapatra, J.1. The short question that arises for consideration in this case is whether the decree-holder-opposite parties are entitled to a sum of Rs. 1,00,741.50 in Execution Case No. 191 of 1983 pending in the court of Subordinate Judge, 1st Court, Cuttack (Civil Judge, Sr. Division, Cuttack). The Collector, Cuttack, the judgment-debtor has filed this revision petition assailing the order dated 19-6-89 dismissing the Misc. Case No. 262 of 1989, filed by the Collector, Cuttack under Section 47 of the Code of Civil Procedure. The learned Subordinate Judge held that the petitioner is liable to pay a sum of Rs. 1,09,741.50 as claimed by the opposite parties towards higher rate of solatium interest and additional market value under the amended provisions of the Land Acquisition Act (for short 'L.A. Act').2. The relevant facts of the case leading to the present proceeding may be stated thus :Ac. 0.64 decimals of land in village Pandara was acquired by the notification dated 20-...
Santanu Kumar Das and ors. Vs. Bairagi Charan Das and ors.
Court: Orissa
Decided on: Mar-13-1995
Reported in: AIR1995Ori300; II(1995)DMC227; 1995(I)OLR622
D.M. Patnaik, J. 1. Plaintiffs' suit for permanent injunction at the first instance being decreed by the Lower Court and thereafter reversed by the lower appellate Court, they are in appeal. 2. Plaintiffs' case is, their paternal grandmother Satchi Dasi, wife of Krushna, the common ancestor, purchased the disputed lands more fully described in the plaint measuring about 1.17 decimals in village Urunia by two sale-deeds dated 21-3-1935 and 8-3-1937 respectively for a total consideration of Rs. 138/-. 3. Plaintiffs are sons of Upendra and defendant No. 1 Bairagi is latter's younger brother. Satchi, mother of Upendra and Bairagi, was impleaded as defendant No. 3 but she died during the pendency of the suit. Dispute arose, according to the plaintiffs, when Satchi by way of a registered deed dated 21-6-1978 gifted away the property in favour of them. and it is alleged that, when the plaintiffs tried to carry on agricultural operation, defendant No. I with his men created disturbance in the ...
Jagannath Bose and anr. Vs. Sudhir Kumar Ray and anr.
Court: Orissa
Decided on: Mar-13-1995
Reported in: 1995(I)OLR591
S. Chatterji, J. 1. A short but interesting point has arisen in the present case. The present Criminal Revision under Section 397 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') read with Section 401 of the Code challenges the order dated 8-9-1994 passed by the Executive Magistrate, Cuttack in Crl. Misc. Case No. 473 of 1994 under Section 147 of the Code.2. By the impugned order the learned Magistrate has recorded that the second party members had filed a petition under Section 148, CrPC with a prayer to make local inspection of the alleged sweeper's passage and to stay the hearing of the case till then. The first party member filed objection on the ground that Section 148 of the Code deals with local inquiry and the Court has no power to depute a subordinate Magistrate to hold inquiry. Recording the contentions of both the parties, the learned Executive Magistrate has held that he does not have power himself not being a District Magistrate or a Sub Divisional...
Life Insurance Corporation of India Vs. Swarnalata Sahu
Court: Orissa
Decided on: Mar-13-1995
Reported in: 1996ACJ134
A. Pasayat, J.1. This appeal has been filed by the Life Insurance Corporation of India (hereinafter referred to as 'the insurer') and also as defendant for the sake of convenience against the judgment and decree passed by the learned Subordinate Judge, Baripada, decreeing the suit filed by the present respondent (hereinafter referred to for the sake of convenience as 'plaintiff), for realisation of the sum of Rs. 32,000/-. The suit was filed by the plaintiff, claiming to be the nominee of Prabhakar Sahu, the policyholder (described hereafter as 'the deceased'), seeking for a direction to pay the amount covered by insurance. The claim was resisted by the insurer on the ground that there was material suppression of facts at the time of taking the policy.2. In a nutshell, the case of the parties is as follows:Prabhakar Sahu undisputedly was the policyholder in respect of policy No. 10832374 and he breathed his last on 17.12.1976 at Baripada Hospital. The policy was for Rs. 30,000/- which ...
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