Orissa Court July 1997 Judgments
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Mini Transport Owner's Association Vs. Bhubaneswar Municipality and Or ...
Court: Orissa
Decided on: Jul-30-1997
Reported in: AIR1998Ori46
P.C. Naik, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed forquashing the orderdated 9-8-1996 passed by this Court in O.J.C. No. 6483 of 1995 (Bapujinagar Khudra Byabasai AssocatiOn v. Slate of Orissa and others) whereby the said writ petition filed by Bapujinagar Khudra Byabasai Association (opposite party No. 3 in the present writ petition) was allowed. The petitioner of that writ petition being apprehensive of being dispossessed under the Eviction Drive launched by the Bhubaneswar Municipality, had approached this Court for relief. The prayer was that as they had been in possession of different parcels of land from where they were carrying on their business and earning their livelihood, their dispossession without providing alternative site would ruin them as they would lose theirbusiness and hence their lovelihood. The Bhubaneswar Municipality on being noticed had undertaken that the persons who were to be dispossessed from the plot in que...
Jindal Strips Ltd. Vs. Superintendent, C. Ex. and Cus.
Court: Orissa
Decided on: Jul-30-1997
Reported in: 2003(162)ELT82(Ori)
ORDERA. Pasayat, J.1. As similar points are involved in both the writ petitions, they were heard together and are disposed of by this common judgment.2. Dispute revolves round the question whether petitioners are removing 'Iron ore concentrate' or 'Iron ore'. According to petitioners, it is the latter, while according to Central Excise and Customs authorities it is the former. Authorities have initiated action for alleged violation of several provisions of Central Excise Rules, 1944 (in short 'Rules') framed under Central Excises and Salt Act, 1944 (in short the 'Act'), with reference to certain entries in Central Excise Tariff Act, 1985 (in short 'Tariff Act').3. We find that at the stage of issuance of show cause, notice, petitioners have moved this Court for interference. Petitioners with reference to various materials and documents have assailed the action, labelling it to be uncalled for, and to be on a misreading of statutory provisions. It is stated that there was pre-adjudicati...
National Insurance Company Vs. Ranjulata Bhuyan and anr.
Court: Orissa
Decided on: Jul-30-1997
Reported in: 1999ACJ76; 85(1998)CLT159; [1996(73)FLR1129]; (1998)IIILLJ1222Ori; 1997(II)OLR473
A. Pasayat, J.1. In this appeal under the Letters Patent, National Insurance Company Limited (hereinafter referred to as 'the insurer') calls in question legality of judgment delivered by a learned Single Judge of this Court in an appeal under Section 30(1) of the Workmen's Compensation Act, 1923 (in short, 'the Act'). The question involved is a complex one, and being essentially a question of law, detailed reference to factual aspects leading to filing of the present appeal is unnecessary.2. One Trilochan Bhuyan (hereinafter referred to as 'deceased Trilochan'), who was engaged as a helper of the truck bearing registration No. ORU 4741 faced with an accident on January 21, 1989 which arose out of and in course of his employment. Ultimately he breathed his last. His brother Sudarsan Naik (hereinafter described as 'a claimant') lodged a claim for compensation of Rs. 90,000/- from Anirudha Rout, owner of the Truck (hereinafter referred to as 'the owner'). But since the vehicle in questio...
Divisional Manager, National Insurance Co. Ltd. Vs. Samjida Khatun and ...
Court: Orissa
Decided on: Jul-30-1997
Reported in: 2000(I)OLR507
P.C. Naik, J.1. An award under Section 140 of the Motor Vehicles Act, 1988 having been passed against it, the insure has filed this appeal.2. Mohammed Khorsid was killed in a road accident on 5.3.1995. His parents filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the Act') claiming compensation from the owner and the insurer of the offending vehicle. They also filed an application under Section 140 ibid claiming Rs. 50,000/- on the basis of no-fault liability.3. The owner resisted the claim and submitted that as the accident was not due to any rashness or negligence of the driver, he was not liable. Alternatively, he pleaded that in case he is held liable, the liability be saddled on the opposite party No. 2 with whom the offending vehicle was insured. The Insurance Company denied its liability by denying insurance. It further submitted that in any case, as the driver of the offending vehicle did not possess a valid driving licence on the date of the ...
Sk. Jamir and Etc. Vs. the State
Court: Orissa
Decided on: Jul-30-1997
Reported in: 85(1998)CLT774; 1998CriLJ2244
S.C. Datta, J. 1. These appeals are taken-up for hearing together as they arise out of one and same Judgment.2. In these appeals from Jail, the appellants seek to assail the order of conviction and sentence passed by the learned 1st Additional Sessions Judge on 16-11-1994 in S.C. No. 41/91. All the accused stood charged under Section 395 I.P.C for having committed dacoity in the house of Tarini Charan Padhy on the night of 29-5-1990 at Nigam Nagar, Berhampur. The accused Rama Sahu alias Lalu alias Bhola Sahu and Sk. Jamir' stood further charged under Section 412 I.P.C. for having dishonestly received stolen property obtained by the commission of dacoity.3. Briefly stated, the prosecution case is that the informant Tarini Charan Padhy (P.W.2) is a resident of Nigam Nagar, Berhampur. In the night of 29/30 -5-1990, he went to sleep along with his family members. He was sleeping along with his second son Jugal Kishore Padhi in one room, whereas his wife Susama Padhi (P.W.4) and the younger...
Babaji Charan Sahu and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jul-29-1997
Reported in: 1998CriLJ1175
R.K. Dash, J.1. Babaji Charan Sahu and Pravasini alias Pravati Swain, the two appellants herein, stood charged under Sections 302 and 302/109, IPC respectively. On conclusion of the trial, the learned Sessions Judge, Cuttack, found both the appellants guilty of the offence as aforesaid and sentenced them to suffer imprisonment for life. Aggrieved by the judgment and order of conviction, they have preferred the present appeal.2. The prosecution case culled out during trial, may briefly be stated thus:Dhadi Swain (hereinafter referred to as the 'deceased' ), husband of appellant Pravasini, was earning his livelihood by working in the flour and flattened rice mill of Bipin Bihari Sahu, P.W. 1. On 22-5-90, the deceased as usual worked till 11 p.m. and then left for home, but within half an hour returned back to the mill premises and retired to bed. As it was summer, P.W. 1 was sitting outside on a chair. In the meanwhile, both the appellants came near the mill premises and of them, appella...
Yugasrestha Sovaniya Shikhyashrama Vs. Regional Provident Fund Commiss ...
Court: Orissa
Decided on: Jul-28-1997
Reported in: 84(1997)CLT504; (1999)ILLJ34Ori
A. Pasayat, J. 1. Grievance of petitioner in a nutshell is that its application for review in terms of Section 7B or the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short 'the Act') has not been disposed of as yet and coercive action is being taken for recovery. Earlier petitioner came before this Court questioning initiation of proceedings under Section 7A of the Act. In O.J.C. No. 8679 of 1995 disposed of on December 14, 1995, directions were given to approach the authority raising question of jurisdiction. An adjudication has been made fixing liability and consequentially notice of demand Annexure-3 has been issued. Petitioner's case is that an application for review (vide Annexure-4) has been filed which is pending and has not been disposed of. A statement is made that the opposite party No. 2 before whom the matter is pending is of the view that no review is permissible under the Statute.2. Mr. U.K. Samal, learned counsel for the opposite panics has submi...
Sukant Kumar Sethi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-25-1997
Reported in: 1997(II)OLR226
P.K. Mohanty, J. 1. The petitioner assails the action of the opposite parties, in not giving him an appointment in the existing post of Driver reserved for the scheduled castes.2. The short facts of the petitioner's case is that he is a scheduled caste person and has successfully undergone and completed the driving training course. It is asserted that six posts of Driver fall vacant in the establishment of opp. parties 2 and 3 and out of those six posts, two are reserved for scheduled tribe, one for scheduled caste and the other three are for general candidates. The opposite parties called for names from the local Employment Exchange and after obtaining the names, conducted the interview. The petitioner came out with flying colours in the interview, inasmuch as he was the only scheduled caste candidate, who got selected. It is further asserted that his merit position in the select list was at serial 7 of the general category, though in fact he is a scheduled caste person and ought to h...
itishree Ray Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-25-1997
Reported in: 1997(II)OLR232
P.K. Mohanty, J.1. The petitioner a classical teacher in an aided school prays for a direction to the opposite parties to accord approval to her services at Badapari High School till the post is filled up by a candidate sponsored by Selection Board and pay her salary in the prescribed scales of pay from the date of her joining. 2. The short fact of the case of the petitioner is that a post of classical teacher in Badapari High School at village Badapari under Puri Education Circle having fallen vacant in the month of January, 1994. the Management requested to the Selection Board to sponsor a candidate for the post of classical teacher, but however as no recommendation was received from the Board and the students of the school suffered a lot, the Management invited applications from intending candidates for filling up the said post under Rule 5(8) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules....
Laila Bibi and ors. Vs. Asha Bibi and ors.
Court: Orissa
Decided on: Jul-25-1997
Reported in: 84(1997)CLT397; 1997(II)OLR273
R.K. Dash, J.1. This appeal under Order 43, Rule l(r) of the Code of Civil Procedure (for short, 'the Code') is directed against the order of the learned Civil Judge (Senior Division), Bhubaneswar, passed in Misc. Case No. 144 of 1995 arising out of title Suit No. 101 of 1994, whereby the plaintiff's prayer for temporary injunction has been partly refused. The aforesaid suit filed by the plaintiffs is one for partition of Ac.0. 110 decs. of land appertaining to Sabik Plot No. 50 which corresponds to Hal Plot . No. 1241 under Hal Khata No. 4 of mouza Bhubaneswar, Unit - 3, Kharavelanagar (hereinafter referred to as 'the suit land').2. The case of the plaintiffs, in brief, is that the State Government in General Administration Department being the owner of the suit land settled the same on 8.3.1960 by way of lease for a period of 90 years with Sk. Md. Azim, the common ancestor of the parties. Having obtained possession the lessee constructed his residential house and was residing there w...
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