Orissa Court April 1997 Judgments
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Oriental Insurance Company Ltd. Vs. Kishore Chandra Sahu and anr.
Court: Orissa
Decided on: Apr-28-1997
Reported in: 1999ACJ122; 1997(I)OLR543
A. Pasayat, J. 1. Judgment of learned Single Judge in Misc. Appeal No. 140 of 1993 holding that the insurer cannot be permitted to question the quantum awarded on adjudication of a claim lodged under the Motor Vehicles Act. 1939 (in short, the 'old Act') or the Motor Vehicles Act, 1988 (In short, the 'Act') forms subject-matter of challenge in this Letters Patent Appeal. Additionally. the quantum awarded by Second Motor Accidents Claims Tribunal. Cuttack (in short. ' Tribunal') and maintained by learned Single Judge is challenged. As the dispute mainly relates to the question of maintainability, essentially a question of law, detailed reference to the factual aspects is necessary. Adjudicating a claim lodged by Kishore Chandra Sahu (hereinafter referred to as 'claimant') compensation was awarded by Tribunal for a sum of Rs. 1,20.000/- for the injuries sustained by him in an automobile accident on 16-4-1991. Claimant claimed that he was a passenger in the bus bearing registration No. OS...
Parikhita Behera and anr. Vs. the Divisional Railway Manager, South Ea ...
Court: Orissa
Decided on: Apr-25-1997
Reported in: 1998ACJ1019; 83(1997)CLT781; 1997(II)OLR69
Susanta Chatterji. J. 1. The petitioners are the unfortunate parents of one Susanta Behera who died by a train accident on 27.10.1994. Said Susanta Behera was a student of Class IX and he was returning to his village by a bi-cycle after attending tuition and while he was passing through the unmanned level crossing near Bari-Thangada Passenger Halt of the South Eastern Railway he was hit by Utkal Express and died at the spot.2. It is stated that the deceased was the only son of his parents. The alleged accident occurred due to the sheer negligence of the railway authorities. The deceased had no fault of his own. It is further placed on record that in the aforesaid unmanned level crossing apart from Susanta Behera many other persons and animals have lost their lives and in spite of the public demands and repeated representations, the railway authorities did not take any step to avoid the accident at the particular spot. The details of the accident, which had occurred, have been averred i...
Shradha Foundation (P.) Ltd. and anr. Vs. Suryo Udyog Ltd. and anr.
Court: Orissa
Decided on: Apr-22-1997
Reported in: 84(1997)CLT221; [1998]94CompCas637(Orissa)
R.K. Dash, J. 1. This petition under Section 482, Criminal Procedure Code, is filed invoking the inherent power of the court to quash the proceeding in Complaint Case No. 17 of 1993, on the file of the learned Judicial Magistrate, First Class, Bhubaneswar.2. Suryo Udyog Limited, a public limited company, registered under the Companies Act, 1956, is having its registered office at Sahid Nagar, Bhubaneswar. Shradha Foundation (P.) Ltd. is a private limited company of which Shri S. P. Jaiswal is the director. Both Shradha Foundation and Shri S. P. Jaiswal (hereinafter referred to as 'the accused persons') are petitioners and Suryo Udyog Ltd. (hereinafter referred to as 'the complainant') is the opposite party No. 1 in the present proceeding. The complainant filed the aforesaid complaint under Section 138 of the Negotiable Instruments Act, 1881, (for short, 'the Act') alleging, inter alia, that the accused persons for satisfaction of the outstanding dues had issued an account payee cheque ...
NimaIn Charan Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-22-1997
Reported in: 1997(I)OLR530
R.K. Patra, J. 1. The Director, Higher Education Orissa, Bhunbaneswar-opposite party no. 2 in office order No. 27580 Dated 27-5-1995 (Annexure-6)-while approving the appointment of the petitioner against the third post of lecturer in English has declared his eligibility to receive 1/3rd grant with effect from 29-4-1993, 2/3rd grant with effect from 23-4-1995 and full salary cost with effect from 29-4-1837. In this application under Arts. 226 and 227 of the Constitution of India, the petitioner assails correctness of the period from which his eligibility for grant has been declared in the impugned order. He claims that he became eligible to receive 1 /'3rd grant with effect from 9-12-1990, 2/3rd grant with effect from 9-12-1992 and full salary cost with effect from 9-12-1994.2. The case of the petitioner is that U, N, S. Mahavidyalaya Khairsbad, Mugapal In the- district of Jajpur was established during the year 1975 and it received concurrence from the Stats Government in the academic s...
Balaram Panda Vs. State of Orissa
Court: Orissa
Decided on: Apr-22-1997
Reported in: 1997(II)OLR14
A. Pasayat, J.1. In this appeal from jail, Balaram Panda (hereinafter referred to an 'accused') has questioned correctness of his conviction for commission of offence punishable under Sections 304, Part II, 323, 325 and 201 of Indian Penal Code, 1860 (in short. IPC) and sentences of rigorous imprisonment for seven years, one year and two years respectively as awarded for first three offences which were directed to run consecutively. Though accused was convicted under Section 201, IPC no separate sentence was imposed.2. Allegations of prosecution in short are that on 30.3.1991 accused caused death of Siba Munda (hereinafter referred to as 'deceased'), and intended to cause death of Benga Munda (P.W.4). As unfolded during trial, prosecution version is that on fateful day, deceased and his wife Benga Munda (P.W.4) went with cash of Rs. 5/- to take liquor, accompanied by accused who was their Samudhi. They did not return home till evening. So their daughter' Bhodei Munda having suspected s...
Rama Chandra Khuntia Vs. Ashok Kumar Das and ors.
Court: Orissa
Decided on: Apr-17-1997
Reported in: AIR1998Ori59; 84(1997)CLT162
ORDERP.K. Misra, J.1. Seeking substance from the decision of the Supreme Court reported in AIR 1996 SC 1691 : 1996 AIR SCW 1772)(Dr.(Smt.)Shipra, etc. etc. v. Shanti Lal Khotwal etc. etc.), respondent No. 1 in the election petition has filed this application under Section 86 of the Representation of the People Act, 1951 (hereinafter called the 'Act') for dismissing the election petition on the ground that the affidavit in support of the allegations relating to corrupt practice is not in the proper form and the copies of such affidavit served on respondent No. 1 do not contain all the particulars.2. Though the petitioner in the election petition has not filed a specific counter to the present application, a counter-affidavit has been filed in Misc. Case No. 67/96, wherein similar allegations had been made. In the said counter-affidavit, in paragraph 4, it has been stated :-- '4. ..... It is false to say that the copies ofcorrupt practice affidavit accompanying the election petitions ser...
Bhagabat Behera Vs. Sitakanta Misra and 11 ors.
Court: Orissa
Decided on: Apr-17-1997
Reported in: 84(1997)CLT149; 1998(II)OLR327
P.K. Misra, J. 1. This application has been filed by the respondent No. 1 to take up Issue No. 1 for preliminary hearing and to dismiss the election petition for non-compliance with the provisions of Sections 81 and 83 of the Representation of the People Act (hereinafter called, 'the Act') and Rule 94 of the Conduct of Elections Rules, 1961 (hereinafter called, 'the Rules').2. In the election petition, the election of respondent No. 1 has been challenged inter alia on the ground that the respondent No. 1 has resorted to corrupt practice. After filing of written statement issues have been framed. Issue No. 1 framed by order dated 7-2-1996 relates to the question of maintainability of the election petition. The present application purporting to be one under Order 7, Rule 11 and Order 6, Rule 16 of the Code of Civil Procedure (hereinafter called, 'the Code') read with Sections 83 ad 86 of the Act and Rule 94A of the Rules has been filed on 3-3-1997 after evidence of a few witnesses had be...
Dinabandhu SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-10-1997
Reported in: 83(1997)CLT728; 1997(II)OLR229
D.M. Patnaik, J. 1. The petitioner assails the order of the District Panchayat Officer, Cuttack removing him from the post of Secretary, Tulasipur Gram Panchayat conveyed through letter dated 13.2.1996 of the Sarpanch under Annexure-6/A claiming the said action to be arbitrary and illegal.2. To draw it mild, the case of the petitioner is, by resolution of the Tulasipur Gram Panchayat in its general body meeting on 16.5.1995, he was appointed as Secretary of the said Gram Panchayat on a monthly salary of Rs. 500/-. Pursuant to such appointment he joined the post. The Sarpanch by his letter dated 22.5.1995 directed Incharge-Secretary, G. P. Panda to hand over detailed charge to the petitioner by 25.5.1995. While, the petitioner was holding the said post, the Sarpanch under Annexure-4 invited applications for filling up the post of Secretary. Since the Gram Panchayat took a decision to appoint another Secretary and that too when the petitioner was still working as the Secretary, the petit...
Giridhari Rath Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-09-1997
Reported in: 83(1997)CLT724; 1997(I)OLR494
D.M. Patnaik, J. 1. The petitioner assails the order of the Tahasildar, Kendrapara, in Touzi Misc.Case No. 255 of 1986, annexed as Annexure-12, recording the disputed land in the name of opp. party No. 4 measuring Ac. 1. 17 decimals under plot Nos. 1947, 1948 and 1946 of Khata No. 282 in mouze Gulasing in the district of Kendrapara, as illegal and arbitrary. 2. The admitted case of the parties is that the land was endowed in 1931 in favour of the religious institution, namely, Samadhi Matha Mahant Biswakeshan Hamanuja Das of Puri. The land being an intermediary interest vested on 18-3-1974 under the Orissa Estates Abolition Act, 1951 (hereinafter referred to as the 'Act').It is the case of the petitioner that the said Mahant executed a 'Chirasthai Patta' in the Sal' 1352 in favour of one Krushna Chandra Patra and delivered possession. The latter in his turn sold the land to the petitioner by registered sale deed dated 7-9-1963 and also delivered possession. The petitioner got himself m...
BipIn Food Products Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Apr-08-1997
Reported in: 84(1997)CLT579; [1999]95CompCas133(Orissa)
Pradipta Ray, J. 1. The writ petitioner, who claims to be an unemployed youth, proceeded to set up a biscuit manufacturing unit in the name and style 'Bipin Food Products' in the village Kankadahad in the district of Dhenkanal in the year 1984. The said proposed unit was registered with the District Industries Centre (in short 'D. I. C.'), Dhenkanal, under Registration No. 15/05/02927, dated February 15, 1984. The writ petitioner submitted a proposal before the D. I. C. which recommended the same to the Orissa State Financial Corporation (hereinafter referred to as the 'Corporation'), Dhenkanal branch for sanction of a term loan and also to the Indian Overseas Bank, Dhenkanal branch for providing the necessary working capital. Upon a consideration of the petitioner's proposal and his application the Corporation agreed in principle to provide him a term loan of Rs. 1,96,000 subject to the terms and conditions as mentioned in the Corporation's letter dated August 6, 1985 (annexure-2). On...
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