Orissa Court September 1997 Judgments
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Prakash Chandra Das and ors. Vs. Labour Commissioner and anr.
Court: Orissa
Decided on: Sep-16-1997
Reported in: 84(1997)CLT713; 1997(II)OLR478
P.K. Misra, J. 1. Opposite party No. 2 claiming to be the Secretary of the IPISTEEL Employees Union filed T.S. No. 303 of 1996 for declaration that he and others were validly elected as the office bearers of the Union and defendants 1 to 5 (present petitioners) were not elected as office bearers of the trade union and for injunction restraining the said defendants from interfering with the functioning of the trade union. An application for injunction was filed in the said suit praying for restraining defendants 1 to 5 from interfering with the functioning of the trade union. The trial Court by order dated 20.1.1997 while refusing to grant injunction as prayed for, passed an order appointing the Labour Commissioner as the custodian of the trade union till the next election of the office bearers is held and directed the Labour Commissioner to take steps for holding such election of the trade union. Miscellaneous Appeal No. 15 of 1997 was filed by the present petitioners against the afore...
P. Azad Choudhury Vs. R. Rathanalu and anr.
Court: Orissa
Decided on: Sep-16-1997
Reported in: 1998ACJ711; 84(1997)CLT823
P.K. Misra, J.1. Both the appeals have been filed by the owner of the vehicle challenging the award of compensation passed by the Second Motor Accidents Claims Tribunal (S.D.). Berhampur, in M.J.C. No. 12 of 1989 which is being impugned in M.A. No. 476 of 1992, the Tribunal has awarded Rs. 72,000/-, whereas in M.J.C. No. 11 of 1989 which is being impugned in M.A. No. 480 of 1992, the Tribunal has awarded Rs. 90,000/- to the respective claimants. Out of the aforesaid amounts, the Tribunal directed the insurance company to pay Rs. 15,000/- in each case and the balance was directed to be paid by the owner. Both the claim cases were heard and disposed of by a common judgment. Both the appeals were heard together and are being disposed of by this common judgment.2. There is no dispute that the present appellant is the owner of a bus bearing registration No. ORK 4554 which was proceeding from Maniguda to Rayagada on 26.10.1988. The claimant-respondent in M.A. No. 476 of 1992, the widow of de...
indrajeet Roy Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-15-1997
Reported in: 1998CriLJ2415; 1997(II)OLR482
R.K. Dash, J. 1. The petitioner, presently holding a high office as the Advocate General of Orissa, by filing the present petition under Section 438, Cr.P.C. has prayed that in the event of arrest by the Police in a case instituted by one Anjana Misra (hereinafter referred to as 'prosecutrix') under Sections 354 and 376/511, IPC, he may be ordered to be released on bail.2. For better appreciation of the case, a few facts need be stated. The prosecutrix, wife of an I.F.S. (Indian Forest Service) officer and daughter of a retired Chief Engineer, has been staying in 'Basundhara', a place of shelter for destitutes situated in Cuttack town. Her marital abode is in troubled water for quite some time. It is alleged that she has been subjected to constant torture, both mentally and physically, by her husband, husband's brother and other family members. Besides, her parents have also denied their love and affection and refused to give her shelter. She was got admitted in the Central Institute o...
Srinivas Mohanty Vs. Dr. Radhanath Rath, Editor, Samaj and Three ors.
Court: Orissa
Decided on: Sep-12-1997
Reported in: 84(1997)CLT648; 1998CriLJ1130; 1997(II)OLR383
A. Pasayat, J.1. Expressing concern for the scurrilous manner in which certain news items have been published in two news-papers, one of them being the oldest and most reputed news-piper of the State, these applications have been filed As the applications involve almost identical prayers they are taken up together for disposal. It is alleged that in the name of freedom of press, and fair reporting of news borders of decency have been overstepped, and a distorted version has been presented which has lowered the image of judiciary, and therefore, clearly attracts stringent action.2. 'The Press plays a vital role in the administration of justice. It is the watchdog to see that every trial is conducted fairly, openly and above board. But the watchdog may sometimes break loose and have to be punished for misbehaviour.' These words in the Learned Judge Lord Denning, M. R's book Road to Justice. (1955) Page 78 have become locus classicus. Press occupies a vital place in the modern society Pre...
Smt. Bhanumati Behera Vs. the Life Insurance Corporation Limited, Samb ...
Court: Orissa
Decided on: Sep-11-1997
Reported in: 2002(I)OLR200
R.K. Patra, J.1. In this application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a direction to the opposite parties 1 to 3 to pay her the amount payable under the life insurance policies effected by her late husband.2. The petitioner's case is that she married to one Ashok Kumar Behera on 14.7.1994 and to her misfortune, he died on 7.9.1994. After such untimately death of her husband, she wrote to the Branch Manager. L. I. C. of India, Panposh branch stating that she as the legally married wife of deceased Ashok Kumar Behera is entitled to receive the sum assured under the two L.I.C. policies bearing Nos. 582525241 and 582525242 but there was no response from the concerned authority. Apprehending that the concerned authorities might settle the claim in favour of opp. party No. 4 who is the mother of her deceased husband, she has approached this Court with the present application. Opposite parties 1 to 3 have filed counter affidavit. They have...
Adikanda Mishra and ors. Vs. Uma Devi and ors.
Court: Orissa
Decided on: Sep-11-1997
Reported in: 1997(II)OLR491
P.K. Misra, J.1.This application has been filed for reviewing the judgment dated 4th August, 1993, in Second Appeal No. 199 of 1983.2. The predecessor-in-interest of the present applicants had filed Title Suit No. 39/72 in the Court of the Munsif, Kendrapara, for declaration of title, confirmation of possession and injunction, which was decreed by the trial Court on 1.1.1977. The defendants filed Title Appeal No. 37/77. In the said appeal, it was contended that the disputed land having vested in the State Government, the plaintiff had no further right to get his title declared and as such the suit should have been dismissed. However, the lower appellate Court refused to entertain such a contention on the ground that such a question was not available to be raised for the first time in appeal. Accordingly, the appeal was dismissed. In the Second Appeal, the defendants-appellants did not assail the concurrent findings of the Courts below to the effect that the disputed land appertained to...
Shantilata Sahoo and ors. Vs. Samarendra Nayak and anr.
Court: Orissa
Decided on: Sep-11-1997
Reported in: 1997(II)OLR493
P.K. Misra, J.1. The claimants have filed this appeal against the nil-award dated 22.2.1997 wherein the application of the claimants was dismissed on the ground that no evidence had been adduced by the claimants. The case was posted to 22.2.1997 for hearing: However, on that date nobody appeared on behalf of the claimants and the Claims Tribunal dismissed the claim petition saying that no evidence had been adduced. On the same day soon after the order of dismissal, the claimants filed application for recalling the order of dismissal and for giving them an opportunity for adducing evidence. The said application was rejected on the ground that final order had already been passed.2. It is now well settled that provisions of Order 9, Rule 9 of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C.') are also applicable for proceeding before the Claims Tribunal. In that view of the matter, the Tribunal should have entertained the application under Order 9, Rule 9, C.P.C. In nor...
M.A. Razak Vs. United India Insurance Co. Ltd. and ors.
Court: Orissa
Decided on: Sep-11-1997
Reported in: I(1998)ACC195; 1998ACJ948; 84(1997)CLT730
P.K. Misra, J.1. The owner of the vehicle is in appeal against the award of the Second Motor Accidents Claims Tribunal, Berhampur.2. The claimants are the parents of the deceased who had died on account of an accident caused by the truck bearing registration No. ORG 6949. As per the case of the claimants, the deceased was going on a cycle towards Kathamentu Chhak, when the truck which was being driven in a rash and negligent manner dashed against him resulting in his death. The claimants claimed that the deceased who was aged about 20 years was working as a mason and was getting about Rs. 60/- to Rs. 70/- per day. Accordingly, they claimed an amount of Rs. 3,00,000/-.The owner filed objection denying the allegations in the claim application. It was pleaded that there was no rash and negligent driving on the part of the truck driver. The claim of the claimants that the deceased was a mason was also specifically denied. The owner also took the plea that the truck had been validly insured...
Prasanna Kumar Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-10-1997
Reported in: AIR1998Ori85
ORDER1. Direction given by the State Commission for Women, Orissa, Bhubaneswar (in short, the 'Commission') for deducting Rs. 350/- per month from the salary of the petitioner for payment to opposite party No. 4 is the subject-matter of challenge. Jurisdiction of the Commission to give such a direction is questioned.2. A brief reference to factual aspects would suffice.Undisputedly the petitioner, and opposite party No. 4 entered into wed-lock in the year 1978. A suit bearing number O.S. 478 of 1979-1 for injunction restraining opposite party No. 4 not to come to the house of petitioner as she was suffering from T.B. was filed. Same was dismissed for default. Subsequently a grievance was made by opposite party No. 4 before the Commission alleging that the petitioner had deserted her for non-fulfilment of dowry demands. An enquiry was conducted by the Commission. From the order dated 25-8-1995 (Annexure-3), it appears that there was an attempt for reconciliation which failed, but certai...
Bibhachha Alias Bibachha Baitharu Vs. State of Orissa
Court: Orissa
Decided on: Sep-09-1997
Reported in: 1998CriLJ1553
P.K. Mohanty, J.1. This is an appeal by the convict in a case under Section 302 IPC sentencing him to undergo life imprisonment.2. Prosecution case, bereft of unnecessary details is that on 16-11-1989 at about 8 P.M. while Damodar Patel, P.W. 1 had gone to attend the call of nature near river Hati, he found one dead body lying on the sandy bed of the river. The dead body was without any wearing apparel except one chadi. Pant and Shirt were lying at a distance from the dead body. One motor cycle bearing Regn. No. (sic) 2488 was kept by the side of the pillar of the bridge. Damodar Patel, P.W. 1 came to village Katpadi and told the incident to Madhu Naik, Ward Member of the village. P.W. 1 along with Madhu Naik, came to the police station at Jaipatna and orally reported the incident in the Police Station. P.W. 21, the Investigating Officer on the report registered M.D. Case No. 9 of 1989 in absence of the Officer-In-Charge of the Police Station. The Investigating Officer while conducting...
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