Orissa Court January 1996 Judgments
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Divisional Manager, National Insurance Co. Ltd. Vs. Kalilata Mallik an ...
Court: Orissa
Decided on: Jan-19-1996
Reported in: 1997ACJ1024a
P.C. Naik, J.1. Aggrieved by the award holding it liable to pay the compensation, the insurer has filed this appeal.2. The claimant No. 1 is the widow and the claimant No. 2 is the mother of the deceased Kailash Mallik who died in a vehicular accident on 11.2.1986. According to the claimants, the deceased was travelling in the offending vehicle as the owner of goods, namely, 5 bags of dry fish and was killed when the truck met with an accident. Alleging that the accident was due to rashness and negligence of the truck driver, the claimants prayed for compensation from the owner and the insurer of the truck. The owner of the truck, however, did not appear and was proceeded ex parte. The insurer entered appearance and denied its liability.3. Three witnesses were examined on behalf of the claimants and certain documents in support of their claim were also filed. On a finding that the accident was due to rashness and negligence of the truck driver, the Tribunal held that the claimants are ...
The Branch Manager, National Insurance Co. Ltd. Vs. Kahas Beherani and ...
Court: Orissa
Decided on: Jan-18-1996
Reported in: 1998ACJ59; AIR1997Ori19
P.C. Naik, J.1. In this appeal, the Insurer challenges the award of the Second Motor Accident Claims Tribunal, Barhampur whereby the liability of Rs. 1,45,200/ - has been saddled on it.2. Respondent No. 1 is the mother, respondent No. 2 is wife and respondent Nos. 3 and 4 are minor children of deceased Sarat Behera, who was killed in a motor accident on 14-5-85. The Tribunal held that the accident was due to rashness and negligence of the driver of a passenger bus bearing registration number OSG 7792 owned by respondent No. 5 and insured with the appellant at the relevant time. In spite of notice, as the owner (respondent No. 5) did not enter appearance, he was set ex parte. The appellant/insurer denied its liability. Its alternative plea in para 11 of the written statement was that assuming that it was liable, its liability was limited to the extent laid down in Section 95(2)(b)(i) of the Motor Vehicles Act, 1939.3. In this appeal a number of contentions are raised by the learned coun...
Ajay Kumar Patra and ors. Vs. Tulasi Bewa and ors.
Court: Orissa
Decided on: Jan-17-1996
Reported in: AIR1996Ori117; 1996(I)OLR337
Susanta Chatterji, J.1. The present writ application under Article 227 of the Constitution of India at the instance of the third party interveners in execution case challenged the order/judgment dated 16-12-1995 passed by the learned District Judge, Balasore in Civil Revision No. 43 of 1995. The said Civil Revision arose out of an order dated 10-5-1995 made by the learned Subordinate Judge, Balasore in Execution Case No. 19 of 19862. It appears from the materials on record that the aforesaid Execution Case No. 19 of1986 is pending for effecting partition in a suit for partition being decreed finally. In the aforesaid execution case, the decree-holder has prayed for police help so that she can get delivery of possession of the allotted immovable properties. Meanwhile the third party-petitioners have appeared and filed petitions expressing their intention to resist the delivery of possession. Upon consideration of the materials on record, the Executing Court recorded that it cannot pass ...
Dr. Nirupama Rath Vs. State of Orissa
Court: Orissa
Decided on: Jan-17-1996
Reported in: 81(1996)CLT386; [1996(73)FLR1400]; (1996)IILLJ1101Ori; 1996(I)OLR282
A. Pasayat, J.1. The only question involved in this writ petition is whether the provisions of the Orissa Shops and Commercial Establishments Act, 1956 (in short 'the Act'), the Industrial Disputes Act, 1947, (in short 'the Industrial Act'), and the Payment of Bonus Act, 1965 (in short, 'the Bonus Act'), have been rightly applied to the petitioner, a doctor, running a clinic.2. A brief reference to the factual aspects would suffice.3. The petitioner runs a clinic styled as 'Ladies Clinic' at Dargha Bazar in the city of Cut-tack. The Assistant Labour Officer, Cuttack (O.P.2), being of the view that the clinic was to be registered under Section 4 of the Act issued notice requiring the petitioner to obtain registration certificate within seven days to avoid litigation. The impugned notice dated October 3, 1991, is annexed as annexure-1 to the writ application. The petitioner submitted her reply, inter alia, taking the stand that she is not required to register her establishment, as the Ac...
Banamali Jena (After Him), Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-17-1996
Reported in: 82(1996)CLT402; 1996(I)OLR272
A. Pasayat. J. 1. Though several points were urged in support of the writ application, we find that the order dated 7-10-1983 passed by the Addl. Tahasildar-cum-Collector under the Orissa Estates Abolition Act, 1951 (in short, the 'Act'), Beripada was passed without notice to the affected person. The order was passed in O. E. A. Case No. 23 of 1983 where Banamali Jena, the original petitioner was a party. On his death, during the pendency of the writ application his legal representative was brought on record. Since she also died during the pendency of the application, her legal representatives have been brought on record.2. It is a basic requirement of principles of natural Justice that before an order adverse to a person is passed, he should be granted an opportunity of heard. Two fundamental principles of natural justice are that a man should not be a Judge of his own cause, and no order should be passed without hearing the affected party. Essential characteristic of 'natural justice...
Geetanjali Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-16-1996
Reported in: AIR1996Ori157; 81(1996)CLT540
Pasayat, J.1. Selection of opposite party No. 7 for opening the second day and night medical store inside hospital premises of the District Headquarters Hospital at Bala-sore is under challenge in this writ application by the petitioner who was one of the applicants. The primary challenge is on the ground that her application has been rejected on untanable premises and opposite party No. 7 has been selected on unsustainable grounds and on extraneous considerations.2. A brief reference to the factual aspects would suffice:The Chief District Medical Officer, Bala-sore (hereinafter referred to as 'the CDMO') invited applications from lady candidates for opening of day and night second medical store inside the hospital premises of the District Headquarters Hospital at Balasore by issuing an advertisement which was published on daily 'The Prajatantra' on 20th May 1994. Applications complete in all respects were required to reach the CDMO, Balsore within fifteen days from the date of publica...
Lajkura Open Cast Project Vs. Regional Transport Officer
Court: Orissa
Decided on: Jan-16-1996
Reported in: 2(1996)ACC566
Susanta Chatterji, J.1. The present application for review of the order dated 2.8.1993 passed by this Court in O.J.C. No. 1389 of 1993 is taken up for final disposal after hearing the learned Counsel for the respective parties.2. For proper appreciation and by way of ready reference, the order sought to be reviewed is quoted hereinbelow:In view of the pronouncement of the Supreme Court in Bolani Ores Ltd. v. State of Orissa A.I.R. 1975 S.C. 17, as well as the decision of the Supreme Court in Central Coal Fields Ltd. v. State of Orissa and Ors. reported in A.I.R. 1992 S.C. 1371, and in the absence of any material to establish that the vehicles had been manufactured for use only in the factory or enclosed premises, dumper must be held to be a motor vehicle and liable to be registered under Motor Vehicles Act. We, therefore, do not find any infirmity with the impugned decision of the Transport Authority so as to be interfered with by this Court.The writ application is dismissed accordingl...
Bhima Muduli and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-15-1996
Reported in: 82(1996)CLT481; 1996CriLJ1899
ORDERA. Pasayat, J.1. Petitioners call in question legality of order dated 13-12-1995, passed by learned Additional Sessions Judge, Khurda, accepting prayer made by the Public Prosecutor to issue summons to three persons who were not cited as witnesses in the charge-sheet. The learned Additional Sessions Judge accepted the prayer being of the view that a person whose statement has not been recorded under Section 161 of the Code of Criminal Procedure, 1973, (in short, 'the Code'), and has not been examined by the Investigating Officer, can be examined as witness if circumstances so warrant.2. Learned counsel for petitioners submits that the application was thoroughly misconceived as it did not breathe a whisper about reasons for which examination of three persons as witnesses was relevant for the purpose of just decision in the case. According to him, lacuna in the prosecution version was being attempted to be bridged by summoning these strangers to be examined as witnesses. Learned cou...
Kamalakanta Rana and ors. Vs. Radibandhu Rana (Dead)
Court: Orissa
Decided on: Jan-13-1996
Reported in: 1996CriLJ1904
ORDERA. Pasayat, J.1. It was brought to the notice of the Court that Hadibandhu Rana (hereinafter referred to as 'the complainant') at whose instance I. C. C. No. 257 of 1988, (Trial No. 48 of 1993), was initiated has died. In the said case the petitioners (hereinafter referred to as 'the accused') were found guilty of the offence punishable under Section 379, read with Section 34 of the Indian Penal Code, 1860, (in short, 'IPC').2. The question that emerges for consideration is what is the effect of such death and whether the revision application would abate on the death of the complainant. There is no specific provision in the Code of Criminal Procedure, 1973 (in short, 'the Code') to meet such contingency. Under Section 394 of the Code every appeal under Section 377 or Section 378 shall finally abate on the death of the accused. Every other appeal under Chapter XXIX (except an appeal from a sentence of fine) shall also finally abate on the death of the appellant, provided that where...
Shishir Satpathy Vs. Vice-chancellor, Utkal University and ors.
Court: Orissa
Decided on: Jan-11-1996
Reported in: 81(1996)CLT638
Susanta Chatterji, J.1. The present writ petition is at the instance of one Sishir Satpathy claiming to be a student of Utkal University seeking relief by issuing on appropriate writ or direction upon the University authorities to permit the petitioner to appear at + Science Examination of 1995-96 in three back papers, i.e., Mathematics (two papers) and Physics (one Paper) (theory) and for other ancillary reliefs as incorporated in the writ application.2. The petition is opposed by the University authorities by filing a counter-affidavit. Admittedly the petitioner is entitled to appear twice. Undisputedly the petitioner got the registration for appearing second time but due to his illness he could not appear at the examination. The Admit Card was, however, issued in his name. He seeks, thus relief that he may be permitted to avail second chance of appearance. The objection of the University authority is that the petitioner has exhausted both the chances. For the second appearance, once...
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