Orissa Court November 1996 Judgments
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Prasad Bhola Alias Durga Prasad Bhola Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-05-1996
Reported in: 1997(I)OLR377
A. Pasayat, J. 1. The order of detention dated 18-8-19:6 which is challenged in this habeas corpus writ application has been passed by the District Magistrate, Puri in exercise of powers conferred by Sub-section (2) of section 3 of the National Security Act, 1980 (in short, 'the Act'), with the view to prevent Prasad Bhola alias Durga Prasad Bhola (hereinafter referred to as 'detenu') from acting in any manner prejudicial to the maintenance of public order. The aforesaid detenu was directed to be interned in District Jail, Puri in pursuance of the said mittimus order of detention, and is at Annexure-i to the writ application.2. Two points essentially have been raised in support of the writ application.Firstly, it is submitted that the alleged Incident for which order of detention has been passed at the most may relate to 'law and order' situations and not 'public order'.Secondly, the requirement of giving an opportunity to the detenu for effective representation which flows from Articl...
Sri Ananda Chandra Behera Vs. Chairman, Orissa State Electricity Board ...
Court: Orissa
Decided on: Nov-05-1996
Reported in: 1997(I)OLR390
A. Pasayat, J. 1. Bipin Behera alias Bipina Behera (hereinafter referred to as 'the deceased'), a minor boy who had not even reached teen age, having lost his life by electrocution 19-6-19994, this writ application has been filed by his father for a direction to the Orissa State Electricity Board, now Grid Corporation of Orissa Ltd. (in short 'the Corporation') to pay compensation of Rs. 200,000/-.2. The case of the petitioner sans unnecessary details essentially is as follows :On 19-6-1994. deceased was found lying dead near an electric pole. He lost his life due to electrocution as live electric wire fell down on him being disconnected from the pole and and resulted in instantaneous death. At the fateful moment the deceased was tending cattle. He was taken to Subdivisional Medical Hospital and was declared dead by the Medical Officer. The matter was reported at the Jaipur Police Station arid U. D. Case No; 29 of 1994 was registered Post mortem was conducted in the Jaipur Sub-division...
Ananda Chandra Behera Vs. Chairman, Orissa State Electricity Board and ...
Court: Orissa
Decided on: Nov-05-1996
Reported in: 1(1998)ACC346
A. Pasayat, J.1. Bipin Behera alias Bapina Behera (hereinafter referred to as 'the deceased'), a minor boy who had not even reached teen age, having lost his life by electrocution on 19.6.1994, this writ application has been filed by his father for a direction to the Orissa State Electricity Board, now Grid Corporation of Orissa Ltd. (in short, 'the Corporation') to pay compensation of Rs. 2,00,000/-.2. The case of the petitioner sans unnecessary details essentially is as follows:On 19.6.1994, deceased was found lying dead near an electric pole. He lost his life due to electrocution as a live electric wire fell down on him being disconnected from the pole and resulted in instantaneous death. At the fateful moment the deceased was tending cattle. He was taken to Subdivisional Medical Hospital and was declared dead by the Medical Officer. The matter was reported at the Jaipur Police Station and U.D. Case No. 29 of 1994 was registered. Postmortem was conducted in the Jaipur Subdivisional ...
Panchu Rout Vs. State of Orissa
Court: Orissa
Decided on: Nov-04-1996
Reported in: 1997(2)ALT(Cri)1; 83(1997)CLT710; 1997(I)OLR2
C.R. Pal, J.1. The appellant assails the order of conviction and sentence passed against him by the learned 1st Additional Sessions Judge, Berhampur in Sessions Case No. 27 of 1993 GDC) wherein he has been convicted and sentenced under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- (rupees one lakh) and, in default, to suffer S. I. for six months and under Section 20(b)(i) to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default, to suffer S. I. for one month.2. The case against the appellant is that the S. I. of Excise, Aska (PW 3) on 14-11-1992 receiving information that the appellant was selling Ganja and Opium in his shop at Motabadi proceeded to Motabadi along with other Excise staff, namely, Shri J. Mahakud, the A. S. I. of Excise, Shri Sukadev Pradhan, a Constable of Excise (PW 1) and some other excise...
The Executive Officer, Shree Baldev Jew Endowments Vs. State Transport ...
Court: Orissa
Decided on: Nov-04-1996
Reported in: 1997(I)OLR41
R.K. Patra, J.1. Is the result of litigation always unpredictable? The petitioner may reply to this question in affirmative. 2. By order dated 3-7-1996 at Annexure - 4, the Chairman, State Transport Authority, Orissa, Cuttack (hereinafter referred to as 'S. T. A)-opp. party No. 2 in comparison of comparative merits granted temporary permit of stage carriage to the petitioner for vahicle bearing registrati9n number OR-05-D.5781 on the route Pattamundai-Calcutta, but in the second round of litigation, the petitioner has been deprived of the fruit of the said order and now as per the impugned order dated 3-10-1996 temporary permit has been granted to opp. party No. 3 for vehicle bearing registration number OR-05-D-552S on the self-same route. This order at Annexure-10 of the S. T. A. is the subject matter of challenge in this writ petition under Articles 226 and 227 of the Constitution.3. A brief resume of facts leading to filing of the present petition is necessary.Petitioner and opp. pa...
Giridhari Rautray and Prahallad Rautray Vs. Sarat Chandra Rautray and ...
Court: Orissa
Decided on: Nov-01-1996
Reported in: 1996(II)OLR649
D.M. Patnaik, J.1. The petitioners assail the order (Annexure-3) of the Commissioner of Consolidations (opp. party No. 3) under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (for short, 'the Act') directing to record the lands in the proportion of half and half between the parties instead of 2/3rd and 1/3rd as claimed by them. The points involved and the parties to the writ petitions being the same, this judgment would dispose of all the three petitions.2. The dispute relates lo the Land Register Khata Nos. 362 and 49 being the Stithiban recorded lands and Khata No. 51 the lands of an intermediary interest in Thana No. 49 of Bhubaneswar Tahasil. The details of the lands with particulars are found in the orders of the consolidation authorities in Annexures-1 and 2. The case of the parties is that the petitioners represent the branch of Nabaghan, their father and opp. parties 1 and 2 represent the branch of Biswambar, both the branches being the success...
New India Assurance Co. Ltd. Vs. Radha Bewa and ors.
Court: Orissa
Decided on: Nov-01-1996
Reported in: 1998ACJ1106
S.N. Phukan, C.J.1. This is an appeal filed by the New India Assurance Co. Ltd. against the order of the learned Fourth Motor Accidents Claims Tribunal, Puri, passed in M.A.C.T. Misc. Case No. 376/639 of 1994/1993. By the impugned order, the learned Tribunal has awarded a compensation of Rs. 25,000/- for no fault liability with interest at the rate of 12 per cent per annum from the date of the claim, i.e., 1.11.93, till payment. Being aggrieved by the order awarding interest, the present appeal has been filed.2. Heard the learned Counsel for the appellant.3. In respect of no fault liability, the question of awarding interest does not arise, as interest may be awarded at the time of final award. Therefore, that portion of the impugned order awarding interest is set aside. As it is stated that a sum of Rs. 12,500/- has been deposited in this Court at the time of filing of this appeal, the said amount shall be transmitted by the Registry to the learned Tribunal and the balance amount out ...
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