Orissa Court November 1997 Judgments
Oriental Insurance Company Ltd. Vs. Uma Charan Bisoy and ors.
Court: Orissa
Decided on: Nov-21-1997
Reported in: II(1998)ACC230; 85(1998)CLT41
Pradipta Ray, J.1. The Insurance Company has preferred this appeal against the judgment and award dated June 17,1994 passed by the 2nd Motor Accident Claims Tribunal, Berhampur (Southern Division) in M.A.C. No. 512/92 (279/92). By the impugned award the Tribunal has awarded a compensation of Rs. 96,000/- and interest thereon in favour of the claimant-respondents 2 to 7.2. At the time of admission of this appeal it was specifically mentioned mat the appeal was admitted on the ground that the driver had no licence renewed on the date of the accident. Vital question to be considered in this appeal is whether the driver of the offending vehicle was having a valid driving licence on the date of the accident.3. It has been repeatedly pointed out that it is incumbent on the Tribunal under the Motor Vehicles Act to satisfy itself about the existence of a valid driving licence of the driver of the offending vehicle. In the present case the Tribunal has merely relied upon the certified copy of t...
Tag this Judgment!AlimuddIn Khan Vs. Nasiran Bibi and ors.
Court: Orissa
Decided on: Nov-17-1997
Reported in: 85(1998)CLT97; 1998CriLJ1811
ORDERP.K. Tripathy, J.1. The petitioner has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') with a prayer to quash the order of maintenance passed by the S.D.J.M., Cuttack against him Under Section 125 of the Code vide order dated 12-12-1989 in Criminal Misc. Case No. 94 of 1988 which was confirmed by the First Addl. Sessions Judge, Cuttack in Criminal Revision No. 7 of 1990 vide order dated; 19-3-1993.2. Opposite party No. 1 herself and for her minor sons opposite parties 2 and 3 claimed maintenance from the petitioner who is her husband and father of opposite party Nos. 2 and 3 on the ground of negligence, cruelty and desertion. In his written statement petitioner admitted the relationship but denied the allegations of negligence, cruelty and desertion. At the stage of tendring evidence the petitioner made a statement that he had divorced the opposite party No. 1 learned S.D.J.M. recorded a finding that the plea o...
Tag this Judgment!Governing Body of Harishpur Baladev Mahabidyalaya Vs. State of Orissa ...
Court: Orissa
Decided on: Nov-12-1997
Reported in: AIR1998Ori82
Phukan, C.J.1. This is a strange case in which the writ petitioner, who was the Secretary of the Governing Body of Harispur Baladev Mahavidyataya at Borikina in the district of Jagatsinghpur, and whose name has been approved as the President of the reconstituted Governing Body, on being dissatisfied with the same, has challenged in this writ petition the notification reconstituting the Governing Body by the Director of Higher Education, Orissa, O.P. No. 2, communicated by office order dated 12-8-1997 by the Deputy Director of +2 Education vide Annexure-5.2. According to the petitioner, the above order was issued in complete disregard to Rule 25 of the Orissa Education (Establishment, Recognition and Management of Private Junior Colleges/ Higher Secondary Schools) Rules, 1991 (hereinafter called the 'Rules'). It is stated in the writ petition that a resolution was passed on 1-9-1996 by the Governing Body vide Annexure-2 in which it was decided to give notice to all concerned/members to ...
Tag this Judgment!Trailokyanath Sarangi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-12-1997
Reported in: AIR1998Ori78; 85(1998)CLT70
Susanta Chatterji, J. 1. This writ petition although highly contested, raises a small but interesting point to be answered. The writ petition is at the instance of one Trailokyanath Sarangi at present the Member-cum-Director of the Committee of the Management of the Urban Co-operative Bank Limited at Tinkonia Bagicha, Cuttack. The petitioner has precisely challenged the notice published in the daily Oriya Newspaper 'Prajatantra' on 4-10-1997 as to convening a General Body meeting of the Urban Co-operative Bank scheduled to be held on 14-10-1997, copy whereof is Annexure-3 to the writ application. There is a further prayer to direct to hold election to the Committee of Management of the Bank forthwith since the life of the present Committee of Management is going to expire on 26-11-1997.2. The writ petition was moved, before the learned Vacation Judge on 13-10-97 and that day by order in Misc. Case No. 12359/97 arising out of the writ petition, interim direction was made that attendance...
Tag this Judgment!Rushi Prusti Vs. Orissa State Electricity Board and ors.
Court: Orissa
Decided on: Nov-11-1997
Reported in: 1999ACJ440; 85(1998)CLT529
A. Pasayat, J.1. A boy of tender age lost his life on account of electrocution. The grief stricken father has filed this application for a direction to the Grid Corporation of Orissa Ltd. (in short, 'the Corporation') to pay compensation. It is his stand that due to negligence of the officials of the Orissa State Electricity Board (in short, 'the Board'), predecessor of the Corporation, Dinabandhu Prusti (hereinafter referred to as 'the deceased') lost his life. Dinabandhu was a student of class I of Chainpal Primary School. It appears that on 18.12.1994 there was theft of electric wire from 22 K.V. electricity transmission line. One Pitambas Behera, an employee of the Board intimated the lineman working under the Board on 19.12.1994 at about 7 a.m. that there was theft of live electricity wire in between village Chainpal and Lingarakata. He also made an entry in the fuse-call register maintained by lineman at the office. The entry was made on 19.12.1994 at 7 a.m. at the Maintenance Of...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Lalita Samal and ors.
Court: Orissa
Decided on: Nov-11-1997
Reported in: 1999ACJ1447
P.K. Misra, J.1.The insurance company has filed this appeal under Section 30 of the Workmen's Compensation Act, challenging the legality of the order dated 28.5.1997 passed by the Joint Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No. 91-J of 1996, where-under the Commissioner directed payment of Rs. 50,000 to the claimants under Section 140 of the Motor Vehicles Act, 1988, as interim compensation.2. As the claimants-respondents have entered appearance at the stage of admission, their counsel has also been heard on the question of admission.3. The learned Counsel for the appellant initially contended that when the case has been filed before the Workmen's Compensation Commissioner, no interim compensation can be paid to the claimants under Section 140 of the Motor Vehicles Act. However, it has been pointed out by the counsel for the claimants-respondents that Section 143 of the Motor Vehicles Act makes it clear that the provisions of Section...
Tag this Judgment!Sanghamitra Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-07-1997
Reported in: 1997(II)OLR561
R.K. Dash, J.1. The petitioner in the present writ application filed under Articles 226 and 227 of the Constitution of India challenges the selection and appointment of opposite party No. 5 as Market Supervisor in the Municipal Corporation, Bhubaneswar, opposite party No. 3.2. To put shortly, the case of the petitioner is that in order to fill up newly created post of Market Supervisor in the Municipal Corporation, Bhubaneswar, the Executive Officer, opposite party No. 4 requested the District Employment Officer. Bhuabneswar vide letter Annexure -1 to sponsor the names of at least 20 candidates. It was indicated in the said letter that the candidates must be Bachelor of Arts having two years experience as Market Supervisor and if sufficient number of candidates having such experience are not available, then simple Graduates may be sponsored. The District Employment Officer however, submitted a list of 40 candidates including the names of the petitioner and opposite party No. 5 who are ...
Tag this Judgment!G.H. Iyer Vs. State (Govt. of India)
Court: Orissa
Decided on: Nov-07-1997
Reported in: 1998CriLJ1821
ORDERP.K. Tripathy, J.1. The petitioner calls in question legality of the order dated 21-3-1995 passed by the Judicial Magistrate, First Class, Anandapur accepting the prayer made by the prosecution for recalling P.W. 5 for re-examination in 2(c) CC No. 12 of 1992.2. One Nityananda Mahakud who was working as a Mazdoor in the Mines area was crushed under a dumper and sustained injury. He was shifted to the hospital in a jeep, but on the way he expired. The accident was enquired into by the complainant who is the Deputy Director of Mines Safety. Having found the petitioner contravened the provision of Rule 40(2)(b) of the Mines Rules, 1955 which is punishable under Section 73 of the Mines Act, 1952 he launched prosecution under Section 200(a) of the Code of Criminal Procedure (in short, 'Cr. PC). During the course of trial, so far five witnesses have been examined and the Deputy Director, Mines Safety has been examined as P.W. 5. On 4-12-1993 though the said witness was present but the p...
Tag this Judgment!Simantini Samantaray Vs. State of Orissa
Court: Orissa
Decided on: Nov-05-1997
Reported in: I(1998)DMC660
P.K. Misra, J.1. I have heard the Counsel for the petitioner. Counsel for the informant and the Public Prosecutor appearing for the State and perused the case diary and other documents.2. The petitioner is a young, unmarried girl aged about20 years. Apprehending arrest in connection with Chandanpur P.S. Case No. 105 of 1997 registered under Sections 498A, 304B/34, Indian Penal Code, and Section 4 of the Dowry Prohibit) on Act, the application under Section 438, Code of Criminal Procedure, has been filed.3. The deceased was married to the brother of the present petitioner in the month of May, 1997, The accused persons as well as the parents of the deceased are residents of Cuttack. The deceased committed suicide inside an abandoned house at Chandanpur in Puri District on 18.8.1997 and her dead body was detected in the early hours of 19.8.1997. In the detailed FIR dated 22.8 1997 lodged by the father of the deceased it has been alleged that there was demand for dowry at the time of marri...
Tag this Judgment!Biswanath Ada Vs. State of Orissa
Court: Orissa
Decided on: Nov-05-1997
Reported in: 1998(1)ALT(Cri)8; 1997(II)OLR551
S.C. Datta, J. 1. The petitioner was prosecuted for theft of electrical energy under Section 39 of the Indian Electricity Act, 1910 and having been found guilty thereunder was convicted and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/- in default to undergo rigorous imprisonment for one month. The appeal taken out as against the order of conviction and sentence was dismissed and the judgment and sentence passed by the trial Court were confirmed by the 2nd Additional Sessions Judge, Puri.2. The prosecution case, in short, is that on 21.1.1988 Niranjan Pradhan. Assistant Engineer, Electrical, Vigilance, Bhubaneswar (P.W.3) along with vigilance squad staff of the O.S.E.B. and local police went to village Sanpur for detection of unauthorised consumption of electric energy. During visit of the village they found the appellant consuming electrical energy unauthorisedly by Hooking process from the nearby L.T.line. The Assistant Engineer, Electrical...
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