Orissa Court July 1995 Judgments
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Kunja Bihari Nanda Vs. Kusha Naik
Court: Orissa
Decided on: Jul-31-1995
Reported in: 1995(II)OLR456
A. Pasayat, J. 1. The scope and ambit of Sections 7-C and 10 of the Orissa Money-lenders Act, 1939 (in short, the 'Act') fall for consideration in this application.2. A brief reference to the factual aspects would suffice.Petitioner as decree-holder has lodged Execution Case No. 4 of 1988 which is pending in the Court of Subordinate Judge (now redesignated as Civil Judge (Senior Division), Champua. He has filed the Execution Case for realisation of Rs. 11,520/- from Kusha Naik, the Judgment debtor. It is admitted that the decree-holder had advanced a sum of Rs. 3,000/- to the Judgment debtor on the basis of a hand note executed by the latter. Money Suit No. 14 of 1978 was filed by the decree-holder which ended in compromise. Since there was failure to stick to the terms indicated in the compromise, execution case was filed. Stand of the Judgment debtor was that the decree-holder cannot realise any amount as interest, which is more than the principal. Stand of the decree-holder was that...
Prasanna Kumar Singh Vs. Golak Chandra Madhual and anr.
Court: Orissa
Decided on: Jul-31-1995
Reported in: 1995(II)OLR394
A. Pasayat, J.1. An interesting point relating to scope and ambit of Sub-section (3) of Section 6 of the Specific Relief Act, 1963 (in short, 'the Act') is the subject-matter of adjudication in this revision application. 2. A brief reference to the factual aspects as presented by the petitioner, would suffice.Petitioner as plaintiff filed a suit under Section 6 of the Act in the Court of Subordinate Judge, Balasore (presently designated as Civil Judge, Senior Division) for a decree for recovery of possession of the suit property, mandatory injunction and other consequential reliefs. Plaintiff's case was that he was inducted as a tenant in respect of the suit property in the year 1977. After his induction he had developed the land, got electric power supply to the premises and started a motor repairing garage. The defendants with mala fide intention stopped granting receipts for which the rent due was sent by money orders. On 3-5-1993, the defendants with the help of hired goondas demol...
Sambhu Prasad Panda Vs. Ch. Bapana Amma and anr.
Court: Orissa
Decided on: Jul-31-1995
Reported in: 1995(II)OLR149
A. Pasayat, J. 1. These two appeals under Section 173 of the Motor Vehicles Act, 1988 (in short, 'the Act'), are interlinked as they are' directed against the same judgment passed by the Second Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short, 'the Tribunal') disposing of an application for compensation filed by Ch. Bapana Amma (hereinafter referred to as 'the claimant') claiming compensation for the death of her son Ch. Ballabh Rao alias Ch. Ballav Reddy (hereinafter referred to as 'the deceased') in an automobile accident.2. The claimant's version as reflected in the claim petition is essentially as follows: On 14.4.1990 at about 1 p.m. the deceased was travelling in a passenger bus bearing registration No. CSG 9175 belonging to Sambhu Prasad Panda (hereinafter referred to as 'the owner') from Golanthara to Kutharsinghi when the bus stopped at Kutharsinghi, he got down and went to roof of the bus to bring his luggage after intimating the driver and cleaner of t...
The Executive Officer, Berhampur Municipality Vs. Gurunath Panigrahi
Court: Orissa
Decided on: Jul-28-1995
Reported in: 1995(II)OLR508
A. Pasayat, J. 1. In this appeal the Executive Officer, Berhampur Municipality (in short, 'the complainant') calls in question the legality of the judgment of acquittal passed by the learned Judicial Magistrate First Class (Transport), Berhampur (in short, the JMFC). Gurunath Panigrahi (in short, 'the accused') faced trial for the alleged contravention of provisions contained in Sections 264 and 273 of the Orissa Municipal Act, 1950 (in short, 'the Act') thereby attracting culpability in terms of Section 385-A of the Act.2. The accusations which led to the trial of the accused are as follows : On 7-3-1984 accused was found constructing a new house having R.C.C. roof in Ward No. 19 adjoining the road within the area of Berhampur Municipality without taking prior approval from the complainant. In course of enquiry, the Amin (PW 1) noticed the infraction and reported the matter to the Town Surveyor (PW 2) who enquired into the matter and submitted prosecution report. The accused took the ...
Jayanta Kumar Das Vs. United Bank of India and ors.
Court: Orissa
Decided on: Jul-27-1995
Reported in: 1995(II)OLR352
A. Pasayat. J.1. In a suit for recovery of money filed by United Bank of India (in short, 'the plaintiff') present petitioner Jayanta Kumar Das was defendant No. 2 and one Harekrushna Behera was defendant No. 1. Plaintiff's case in short was that the said Harekrushna Behera had availed loan from the plaintiff for purchase of a Bus. Apart from other securities, defendant No. 2 stood as a guarantor for repayment. As there was default in repayment, plaintiff filed Title Suit No. 277 of 1988-II before the learned Additional Subordinate Judge, Balasore as the Court was then designated. Though notice was sufficient on Harekrushna, and he appeared on several dates, he chose not to file written statement and after a certain stage did not participate in the proceeding. Accordingly he was set ex pane. Subsequently he died while the suit was pending. Defendant No. 2 petitioner filed an application for bringing on record legal representatives of Harekrushna. The motive was objected to by the plain...
Oriental Insurance Co. Ltd. Vs. Sk. NasiruddIn and Sk. Nasir and anr.
Court: Orissa
Decided on: Jul-26-1995
Reported in: 1996ACJ1220
P.C. Naik, J.1. The Third Motor Accident Claims Tribunal, Balasore has awarded compensation amounting to Rs. 21,000/- to the claimant/respondent No. 1 and, the insurer has been directed to bear the liability, Aggrieved with the award, the insurer has filed this appeal.2. The facts involved in this case arc simple. On 3-3-1988 the claimant/respondent No. 1 was going on his Moped when he was knocked down by a truck bearing registration No. ORB 2864 of which the respondent No. 2 is the owner and the appellant is insurer. As a result of the accident, the claimant sustained fracture of his right leg. Alleging that the accident was due to rashness and negligence of the truck driver, a sum of Rs. 60,000/- was claimed as compensation from the owner and the insurer of the vehicle.3. The owner and the insurer resisted the claim and denied their liability on the ground that the accident was not on account of any rashness and negligence of the truck driver.The owner (respondent No. 2) submitted th...
S.S. Mohapatra Vs. the Chancellor, Utkal University and ors.
Court: Orissa
Decided on: Jul-26-1995
Reported in: 1995(II)OLR249
ORDER1. Having heard learned advocates for the petitioner, for the University and for opp. parties 3 and 4, we find that the petitioner has prayed inter alia : '......this Hon'ble Court may be pleased to admit this writ application; Issue a Rule Nisi calling upon the opp. parties to show cause as to why the selection of opp. party Nos. 3 and 4 shall not be quashed and as to why the petitioner being the only eligible candidate for the post of Lect-in-law should not be appointed and if the opp. parties fail to show cause or satisfactory cause, your Lordships may be pleased to make the said rule absolute; And may be pleased to issue appropriate writ/writs, direction/directions, order/orders, to opp. parties No. 1 and 2 to appoint the petitioner in the post of Lect-in-law (constituent colleges) under the Utkal University and to grant any other relief/reliefs as your Lordships would deem fit and proper; 2. The petitioner; in fact, challenges the selection of opp. parties 3 and 4 for the pos...
Damodar Behera and anr. and Sagar Barik Vs. State of Orissa
Court: Orissa
Decided on: Jul-26-1995
Reported in: 1996CriLJ346; 1995(II)OLR502
A. Pasayat. J. 1. These two appeals are interlinked being directed against the same judgment of the learned Sessions Judge, Phulbani convicting each one of the appellants (hereinafter referred to as the 'accused' by name) for offences punishable under Sections 376/511 read with Section 34 of the Indian Penal Code, 1869 (in short, 'IPC') and sentencing each one of them to undergo rigorous imprisonment for one year. 2. Accusations which led to the trial and conviction of the accused persons are essentially as follows :On 25-5-1988 around sunset time the victim whose name need not be indicated (PW 4) was returning to her village Konkola along with her sister and sister-in-law (PW 5) carrying some milled rice. The three accused persons met them on the way and asked them to have sexual intercourse with them. When accused Damodar Behera caught hold of the hand, accused Dandadhar Karmi and Sagar Barik removed sari from the person of the victim and attempted to commit rape on her, PW 5 shouted...
Orient Paper and Industries Limited and anr. Vs. Superintendent, Centr ...
Court: Orissa
Decided on: Jul-25-1995
Reported in: 1995(52)ECC1; 1996(82)ELT192(Ori); 1995(II)OLR299
Susanta Chatterji, J. 1. The persent writ application is at the instance of Orient Paper and Industries Limited, an-- existing company within the meaning of the Companies Act. 1956, and one of its share-holders praying inter alia : 'In the facts and circumstances of the case the petitioners pray that this Hon'ble Court may be pleased to examine the aforesaid and issue a writ in the, nature of mandamus or any other appropriate writ, direction or order calling upon the opp. party No. 1 to certify and send up to this Hon'ble Court all papers, documents filed by the petitioner under rule 173-C in connection with orders made in Annexure-1 by him so that this Hon'ble Court can examine and quash the order in Annexure-1 and to pass such other order as may deem fit in the circumstances of the case.'2. It is stated in detail that the petitioner company carries on business in the manufacture and sale of paper and paper-board coming within the notification issued under Rule 173-A of the Central Ex...
Dina Alias Dinabandhu Banchhor Vs. State
Court: Orissa
Decided on: Jul-24-1995
Reported in: 1996CriLJ2398; 1995(II)OLR392
A. Pasayat, J.1. Conviction of the appellant for commission of an offence punishable under Section 304, Part II of the Indian Penal Code, 1860 (in short, the 'IPC') and sentence of rigorous imprisonment for five years as awarded by learned Sessions Judge, Kalahandi is the subject-matter of challenge in this appeal.2. Dina alias Dinabandhu Banchhor (hereinafter referred to as the 'accused') faced trial for alleged commission of an offence punishable under Section 302, IPC, for causing homicidal death of Gurubaru Bagh (hereinafter referred to as the 'deceased'). Accusations of the prosecution were essentially as follows :On 17-3-1985 at about 5 p.m. Jita Bagh (PW 1), the informant and his labourer were pulling and draining water to their sugarcane field, and the deceased was moving near the sugarcane field. The accused while standing near his house started hurling abuses at the deceased. The deceased went there and protested by saying that the accused had no business to hurl abuses at hi...
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