Orissa Court May 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sri Bijaya Kumar Naik Vs. Commissioner of Hindu Religious Endowment an ...
Court: Orissa
Decided on: May-15-1997
Reported in: 1997(II)OLR59
P.K. Mohanty, J.1. The Petitioner seaks for a direction to opp. parties 2 and 3 to enter into an agreement allowing him to sell 'Ghia Dipa' as well as 'Sankha Sindur' in the premises of the deity 'Dakheswari Bhagabati' Banpur under Annexures-2 and 3 by cancelling the auction settled in favour of opp. party No. 4. 2. The short facts of the petitioner's case is that the deity 'BhagabatiThakurani' situated at Banapur in the district of Khurda is managed by a Board of Trustees. Devotees from all over the country used to come for Darshan of the deity and as a token of offer, they used to offer 'Juan Bhog', Ghia Dipa, agarbatti, bangles, Vermilion and other such puja articles, it is assessed that since the income of the deity was reduced due to settlement of the lands in favour of the tenants under the O.L.R. Act, the Management, in order to augment the finance, auctions the right-to sell Ghia Dipa, Sankha Sindur and other such article's within the premises of the temple and settles (he same...
Akshyaya Kumar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-1997
Reported in: 1997(II)OLR136
P.K. Mohanty, J. 1. The petitioner has prayed for quashing the communication of the Deputy Secretary to Government in Higher Education Department, intimating inadmissibility of the second post of lecturer in History of Malkangiri College, Malkangiri on the basis of the workload furnished with effect from 1983-84 and consequently informing that the petitioner is not eligible to receive grant-in-aid against the said post, a copy whereof is Annexure-B. The further prayer of the petitioner is for a direction to opposite party No. 1 to sanction the post held by the petitioner and release of grant-in-aid as per the order of this Court in Annexure-7.2. The facts giving rise to the present petition is that Malkangiri College was established in the year 1980 in the district of Koraput and received Government concurrence for opening of LA. classes with 128 seats in Arts during 1980-81 in the subjects mentioned therein and also received affiliation from Berhampur University in' the year 1980-81. ...
Sri Surendranath Sahu and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-1997
Reported in: 1997(II)OLR43
P.K. Mohanty, J.1. The three petitioners, who are working as Lecturers in Laxmi Barah College, Ayatpur have prayed for a direction to opp. parties 1 and 2 to release the salary components of the petitioners with effect from October, 1991 as sanctioned by the State Government vide Annexure- 2 and for payment of U.G.C. scales of pay, which is being paid to their counter-parts in the Government establishment. It is further prayed that opp. party No.3 be directed to pay the petitioners the balance of the dues paid by the State Government within a stipulated period.2. The petitioners case in short is that petitioner No. 1 was appointed as a Lecturer against the first post of Political Science and on being so appointed he joined the post on 12.7.1981. The petitioner No.2 was appointed as Lecturer in the first post of Lecturer in Oriya and he joiend the post in 10.7.1981 The petitioner No.3 joined as a Lecturer in the first post of Economics on 1.9.1982 in Laxmi Barah College, Ayatpur. The Co...
Suma Bewa and ors. Vs. Kunja Bihari Nayak and ors.
Court: Orissa
Decided on: May-14-1997
Reported in: AIR1998Ori29
P.K. Mohanty, J. 1. The defendants are in appeal in a suit for partition filed by the plaintiffs-respondents. 2. Plaintiff No. I Kunja Bihari Nayak and deceased-respondent JudhistirNayak are brothers being the sonsof late Radhu Nayak. The plaintiffs' case is that plaintiff No. 1 and Judhistir, the deceased-defendant were two brothers and the suit properties are their ancestral joint family properties. They have been recorded as such in the present settlement record of rights with a note of possession in favour of plaintiff No. 2, the daughter of plaintiff No. 1 on the basis of a sale deed/gift deed executed by plaintiff No. I in her favour. The present defendants are the legal heirs and have been substituted in place of deceased-defendant Judhistir, on his death. The plaintiffs filed the suit for partition of his 8 annas share. The defendant No. 1 having disputed prior amicable partition and consequential possession and having refused the demand of partition, the suit. The deceased-def...
Oriental Insurance Co. Ltd. Vs. Janaki SwaIn and ors.
Court: Orissa
Decided on: May-14-1997
Reported in: 1997(II)OLR54
P.K. Mohanty, J. 1. This is an appeal by the insurer. Oriental Insurance Company Ltd. against the award of the Second Motor Accident Claims Tribunal (SD), Berhampur directing the appellant to pay a sum of Rs. 1.08,000/- to the petitioners-respondents 1 to 7 with interest at the rate of 9 per cent per annum from the date of application till realisation.2. The short facts of the case are that at about 1.00 A.M. in the night of 24/25.1.1992, while the deceased as travelling in a jeep bearing No. AAS-2099 towards Ballipadar, due to rash and negligent driving, the said jeep met with an accident and capsized near the Mile-stone No. 15 under Gangapur P.S. resulting in death of the deceased. The legal representatives of the deceased have claimed compensation of Rs. 2,00,000/-.3. The owner of the vehicle filed a written statement contending inter alia that he had deputed the deceased to attend the repair work of the offending jeep and while returning after completion of the repair, it capsized ...
Indian Paints and Chemicals (P) Ltd. Vs. Sales-tax Officer and anr.
Court: Orissa
Decided on: May-14-1997
Reported in: 84(1997)CLT410; 1997(II)OLR251
A. Pasayat, J.1. Petitioner calls in question legality of penalty imposed under Section 13(5) of the Orissa Sales-tax Act, 1947 (in short, 'the Act') by the Sales-tax Officer, Cuttack I Central Circle (opposite party No. 1) and confirmation thereof by the Additional Commissioner of Sales-tax, Orissa, Cuttack.2. Factual backdrop in a nut-shell is as follows :Petitioner is a dealer registered under the Act, and is assessed to tax by opposite party No. 1 for three periods i.e. (a) April and May. 1995, (b) June, 1995 and (c) July, I995, petitioner fled return disclosing the admitted taxable turnover and the tax payable. However, the admitted tax was not deposited. Proceeding under Section 13(5) of the Act was initiated. In response to the show-cause notice, petitioner look a stand that it was to receive large amounts from State Government for the supplies effected and on account of non-receipt thereof there was unintended default in making the deposit of admitted tax. The Sales-tax Officer...
Nirakar Pradhan Vs. State of Orissa
Court: Orissa
Decided on: May-13-1997
Reported in: (1997)84CALLT496; 1997(II)OLR22
S.N. Phukan, C.J.1. This appeal is directed against the Judgment and order dated 29.2.1992 passed by the learned Sessions Judge, Dhenkanal, in Sessions Trial No. 5-D of 1989. Accused-appellant Nirakar was booked under Section 302, IPC and his father accused Nimai under Section 27 of the Indian Arms Act. The learned Sessions Judge found the accused-appellant guilty of the charge, convicted him thereunder and sentenced him to undergo rigorous imprisonment for life. His father, accused Nimai, was, however, found not guilty of the charge and was acquitted. In this appeal, the accused-appellant has challenged the order of his conviction and sentence.2. Briefly stated, the story of the prosecution, as disclosed in the First Information Report as well as the evidence on record, is that on 13.10.1988, the cattle of the accused persons damaged the paddy crop of the deceased Nirakar Pradhan. Therefore the deceased went to the house of the accused persons and demanded compensation. There was a tu...
Karan Alias Pradeep Sagar Vs. State of Orissa, Represented by Its Secr ...
Court: Orissa
Decided on: May-13-1997
Reported in: 1997(II)OLR8
A. Pasayat, J.1. Karan alias Pradeep Sagar (hereinafter referred to as 'detenu') interned in the Circle Jail, Sambalpur pursuant to the order of detention passed on 3.7.1996 (Annexure - 1) by the District Magistrate, Sambalpur in purport of exercise of powers conferred under Sub-section (2) of Section 3 of the National Security Act, 1980 (in short, 'the Act') has filed this application for writ of habeas corpus.2. By the order of detention dated 3.7.1996 detention of the detenu was directed. The ground of detention inter alia indicate various acts which according to the detaining authority affected public tranquillity. The acts were labelled to be violent and activities of the detenu were described to be murderous which seriously affected the public order, peace and tranquillity of the locality paralysing the normal life of the people. By indulging in anti-social activities and using brutal force he tried to take away lives of innocent persons on many occasions, and has in fact committ...
Sushanta Kumar Mohapatra and Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-1997
Reported in: 84(1997)CLT517; 1997(II)OLR1
A. Pasayat, J. 1. These two writ applications are inter-linked and relate to selection of opposite party No. 4 in both the cases to open a 24 hours medical store at the Community Health Center, Jaleswar.2. Background facts leading to filing of the writ applications essentially are as follows: State Government of Orissa in the Health and Family Welfare Department took a decision to open a.24 hours medical store at the Community Health Center, Jaleswar. On the basis of decision taken, notice dated 31.3.1994 was issued by the Medical Officer of aforesaid Center inviting applications from intending persons. Criteria for selection were indicated. Sushanta Kumar Mohapatra, petitioner in OJC No. 3530 of 1995 makes a grievance that though he submitted an application on 5.4.1994, to the Under-Secretary to Government of Orissa, Health and Family Welfare Department (opposite party No. 2) through the Medical Officer of the Center concerned, his case was not properly considered and opp. party No. 4...
National Insurance Company Ltd. Vs. Kamala Moharana and ors.
Court: Orissa
Decided on: May-08-1997
Reported in: 1998ACJ1036; 1997(II)OLR189
A. Pasayat, J.1. Award made by Third Motor Accident Claims Tribunal. Puri (in short, 'Tribunal') is under challenge in this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act').2. One Sikhar Maharana (hereinafter referred to a; 'deceased') lost his life in an automible accident which took place on 4.4.1990. His legal representatives lodged a claim under Section 110-A of the Act claiming compensation of Rs. 2,43,220/-. Pranaya Kumar Moharathi (hereinafter referred to as owner')and National Insurance Company Ltd. (hereinafter referred to as the 'insurer') were, implead as, parties; It was claimed that the deceased was working black-smith is S.E. Railway, Jatni and was drawing more than Rs. 2000/- as his pay and was contributing Rs. 2000/ for maintenance of the claimants. Tribunal on consideration of materials on record found that salary certificate reflected monthly emoluments to be Rs. 1970/- and age of the deceased to be around 50 years. It estimated monthly c...
- ‹ Prev
- 2
- Next ›
- Last »