Orissa Court December 1997 Judgments
Management of Orissa State Road Transport Corpn. Vs. Presiding Officer ...
Court: Orissa
Decided on: Dec-24-1997
Reported in: (1998)IILLJ67Ori
A. Pasayat, J. 1. Management of Orissa State Road Transport Corporation (hereinafter referred to as the 'Corporation') calls in question legality of order passed by the Presiding Officer, Industrial Tribunal, Orissa, Bhubaneswar (in short, the 'Tribunal') on November 8, 1990 in I.D. Case No. 16 of 1978 in a reference under Section 12(5) read with Clause (d) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (in short, the 'Act'). The following dispute was referred to the Tribunal for adjudication:'Whether the following twenty-five ex-State employees who were absorbed in State Transport Services, Orissa, under the State Government of Orissa are entitled to all the benefits payable in the event of their superannuation for the period of their past services under the ex-State?' 2, Tribunal held that the 25 ex-State employees named in the Schedule of reference who were absorbed in the State Transport Service, Orissa under the State Government of Orissa are entitled to all...
Tag this Judgment!Sabita Kumari Nayak and 3 ors. Vs. Satrughan Nayak and anr.
Court: Orissa
Decided on: Dec-24-1997
Reported in: 1998CriLJ2713
A. Pasayat, J.1. Scope and ambit of Section 125(3) of the Code of Criminal Procedure, 1973 (in short, the 'Code') is the subject-matter of this writ application.2. Background facts leading to filing of this application are undisputed. Petitioner No. 1 Sabita Kumari Nayak is the wife of opposite party No. 1 Satrughana Nayak, while petitioners 2 to 4 are their minor children. A case under Section 135 of the Code was filed by Sabita claiming maintenance for herself and on behalf of her minor children on 21 -7-1982 before the learned SDJM, Kendrapara. On 10-4-1984, the learned SDJM disposed of the case granting maintenance of Rs. 400/- per month being payable by opposite party No. 1 from the date of application, i.e., 21-7-1982. As there was no payment and directions of the Court were not complied with, an application for realisation of arrear as well as for future maintenance by way of attachment of opposite party No. 1's salary was filed and the said application was registered as Crimina...
Tag this Judgment!Bajru Khadi and ors. Vs. Orissa Grid Corporation and ors.
Court: Orissa
Decided on: Dec-24-1997
Reported in: 1998ACJ1277
D.M. Patnaik, J.1. One Shiba Khadia and his wife Sushila having died of accidental electrocution, their dependants who are minors invoke the extraordinary jurisdiction of this Court to direct the Grid Corporation of Orissa (for short, 'the Grid Corpn.') for payment of compensation for loss of lives.2. The case of the petitioners is, on 30.11.1993 about 4.30 p.m. both husband and wife with the petitioner Nos. 2 and 3 were going from their village Nuapada (a hamlet of Shankar Mouza) to the bus stand to board a bus. While passing through the paddy field Shiba Khadia came in contact with a live 11 K.V. high tension electric wire and fell down. His wife Sushila in order to save her husband suddenly caught hold of him, but she also died of the contact.3. The opposite party Orissa State Electricity Board (and after it, the Grid Corpn.) filed a counter affidavit in which they had admitted the accidental death by electrocution but pleaded absence of negligence on the part of the organisation by...
Tag this Judgment!Bajru Khadi and 2 ors. Vs. the Orissa Grid Corporation and ors.
Court: Orissa
Decided on: Dec-24-1997
Reported in: 1(1998)ACC486
D.M. Patnaik, J.1. One Shiba Khadia and his wife Sushila having died of accidental electrocution, their dependents who are minors invoke the extraordinary jurisdiction of this Court to direct the Grid Corporation of Orissa (for short, 'the Grid Co.') for payment of compensation for loss of lives.2. The case of the petitioners is, on 30.11.1993 about 4.30 p.m. both husband and wife with the petitioners 2 and 3 were going from their Village Nuapada (a hamlet of Shankar Mouza) to the bus-stand to board a bus. While passing through the paddy field Shiba Khadia came in contact with a live 11 K.V. high tension electric wire and fell down. His wife, Sushila in order to save her husband suddenly caught hold of him, but she also died of the contact.3. The opposite party Orissa State Electricity Board (and after it, the Grid Co.) filed a counter-affidavit in which they admitted the accidental death by electrocution but pleaded absence of negligence on the part of the organisation by stating that...
Tag this Judgment!Sarbeswar Panda Vs. State of Orissa
Court: Orissa
Decided on: Dec-18-1997
Reported in: 83(1997)CLT230; 1997(I)OLR401
Dipak Misra1. Invoking the inherent jurisdiction of this Court under Section 482 of the Cods of Criminal Procedure (hereinafter referred to as 'theCode') the petitioner calls in question the defensibility of the order passed by the learned Additional Sessions Judge, Bhubaneswar in S. T. No.38/207 of 1983whereby the petition filed by him for grant of opportunity to adduce further evidence on behalf of the defence was rejected.2. The essential facts which have laid to the filing of the present application are that on the basis of P. R. No. 12/92/93, 2 (a) CC No 150 of 1992 was instituted against the petitioner and one Bipin Behari Behera underSection 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the Court of SDJM. Bhubaneswar, which ultimately gave rise to S. T. No. 38/207 of 1983 in the Court of Additional Sessionsjudge, Bhubaneswar. By order dated 13-7-1995, the learned trial Judge acquitted the said Bipin Behari Behera under Section232 of the Code. However, he reco...
Tag this Judgment!Pankaj Pradhan Vs. State
Court: Orissa
Decided on: Dec-06-1997
Reported in: 1998CriLJ2694
S.C. Datta, J.1. The appellant Pankaj Pradhan having been convicted of the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') has been in appeal.2. The facts, in brief, are that on 6-10-1990, Sub-Inspector of Excise (P.W. 4) received a secret information about transportation of opium to Madhya Pradesh. He passed on this information to his superior officer, the Circle Inspector (P.W. 5) who is a Gazetted Officer for help and proceeded towards the lower bus stand at Chatrapur, with constable Sisir Kumar Padhy where Barat Chandra Bhanj (P.W. 3) was already on patrol duty. At about 11 a.m., he found the accused in the bus stand carrying a bag in his hand On being pointed out by the informer, the Sub Inspector of Excise (P.W. 4) detained him; called the witnesses and expressed his desire to search him. After giving his identity, he also offered him the opportunity to be searched before his superior officer, i.e. P.W. 5 but the accused. decli...
Tag this Judgment!Sanatan Mallik Alias Sania Vs. State
Court: Orissa
Decided on: Dec-05-1997
Reported in: 1998CriLJ2750
S.C. Datta, J.1. In this appeal from Jail the legality of order of conviction and sentence passed by the learned Additional Sessions Judge, Bhubaneswar, has been called in question.2. The accused Sanathan Mallik alias Sania, stood charged under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'N.D.P.S. Act') for having in his possession 24 grams of brown sugar on 10-8-1992 on the road in front of Panda Narsing Home in Unit III, Bhubaneswar.3. The prosecution case, in short, is that on 10-8-1992, Sri B.K. Singh Samant (P.W. 4). Sub Inspector of Excise, Bhubaneswar incharge of Unit No. II, was on patrol duty at about 12 a.m. along with his staff. While he was performing . patrol duty in Unit No. 3 area, he received information regarding storage and sale of brown sugar by the accused Sanatan alias Sania Mallik. On receipt of this information, he along with his staff proceeded to the place and detailed the accused who was standing in fr...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Mailupelli Aremah and ors.
Court: Orissa
Decided on: Dec-04-1997
Reported in: I(1998)ACC463; 1998ACJ1249
P.C. Naik, J.1. The award of Rs. 1,35,000/- with interest thereon having been passed against it, the insurer has preferred this appeal.2. The facts in brief are:Respondent Nos. 1 and 2, the wife and son of late Mailupelli Palleya (hereinafter referred to as 'the deceased') had filed a petition claiming Rs. 5,61,000/- as compensation from the owner and insurer of passenger bus bearing registration No. OSP 2999 which was involved in the accident resulting in the death of deceased. It is the case of the claimants, that as the accident was due to rashness and negligence of the driver of the offending vehicle, its owner and the insurer were liable to pay compensation. In para 16 of the claim petition it is specifically stated that the vehicle in question was insured with the insurer, Oriental Insurance Co. Ltd. representing through its Divisional Manager, IPICOL House, Saheednagar, Bhubaneswar, Orissa, as per the cover note A-3/033145.3. The owner and the insurer filed separate written stat...
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