Orissa Court January 1998 Judgments
Smt. Saudamini Das and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-29-1998
Reported in: 85(1998)CLT524
ORDER1. The availability of the benefit of exemption from payment of Court-fee under the Notification dated 7th June,1994, in a proceeding for issuance of Succession Certificate is the main question for determination in this Civil Revision filed by the applicants whose application has been turned down by the Court below.2. Petitioners 2 to 6 who are minor children and their mother (petitioner no. I) have filed Succession Misc. Case No. 45 of 1996 in the Court of the Civil Judge (Senior Division), Rourkcla. In the said proceeding, they filed an application for exemption from payment of Court-fee on the basis of the Notification issued by the State Government in exercise of powers conferred by Section 35 of the Court-Fees Act, 1870. The court below refused the prayer on the ground that the sum payable under Section 379 of the Indian Succession Act is not 'Court-fee payable under the Court-Fees Act' and as such the Notification is not applicable.3. Section 35 of the Court-Fees Act empower...
Tag this Judgment!National Insurance Co. Ltd. Vs. Bhan Singh and ors.
Court: Orissa
Decided on: Jan-29-1998
Reported in: II(1998)ACC599; 1999ACJ531; 86(1998)CLT158
P.K. Misra, J.1. These two appeals have been filed by the insurance company against a common award passed in W.C. Case No. 19 of 1986 and W.C. Case No. 1 of 1987 which had been heard analogously by the Commissioner for Workmen's Compensation (in short, 'the Commissioner').2. W.C. case No. 19 of 1986 was filed by the legal heir of late Sukhdev Singh claiming that the deceased was the driver in respect of truck bearing No. ORJ 6665 belonging to the owner Sabyasachi Misra and due to accident on 15.6.1986, the deceased expired. W.C. Case No. 1 of 1987 was originally filed by the father and wife of deceased Rabindra Patra alias Paik, wherein it is also claimed that the deceased Rabindra was the driver of the said ill-fated truck and expired in the accident dated 15.6.1986.3. In W.C. Case No. 19 of 1986, the owner in his written statement admitted that deceased Sukhdev Singh was the driver of the vehicle and died in course of employment. It was further admitted that the deceased was getting ...
Tag this Judgment!Gourhari Das Vs. Smt. Santilata Singh and ors.
Court: Orissa
Decided on: Jan-28-1998
Reported in: AIR1999Ori61; 85(1998)CLT794
P.K. Tripathi, J.1. In this Letters Patent appeal, the legal representatives of deceased respondent No. 6 have challenged the judgment dated 16-9-1989 in First Appeal No. 91 of i 975 of this Court, which had been preferred against the judgment and decree in Title Suit No. 28 of 1972-1 of the Court of Subordinate Judge, Bhadrak. Plaintiff in that suit was the appellant and now respondent No. 1 in this appeal. Defendant No. 6 was the respondent No. 6 in the First Appeal, but his widow and son filed this Letters Patent appeal and the widow being dead, out on prayer of the above appellant her name has been deleted from the record.2. The brief narration of the background fact will reveal the dispute between the parties.The plaintiff in title Suit No. 28 of 1972 of the Court of Subordinate Judge, Bhadrak has given the following genealogical table to show the inter se relationship between the plaintiff and defendants 1 to 8. GENELOGY __________ Waidhar _________________/_______________ / / ...
Tag this Judgment!Apani Dei Alias Apana Devi and anr. Vs. Purna Chandra Nayak and ors.
Court: Orissa
Decided on: Jan-28-1998
Reported in: AIR1998Ori145
P.K. Misra, J. 1. Respondent Nos. I (b) and 2 in an appeal pending before the lower appellate court have filed the present Civil Revision under the following circumstances :Plaintiff-opposite party No. I had filed Title Suit No. 190/92 of 1994/1990 which was dismissed by the trial court. During the pendency of Title Appeal No. 107 of 1994, a compromise petition signed by the plaintiff-appellant and respondent Nos. 1 (a), (c) and 4 had been filed. Respondent Nos. 1 (b) and 2 who were not parties to the compromise filed objection to the recording of the compromise contending that the compromise between the appellant and respondents 1 (a), I (c) and 4 is collusive. It was further contended that, in fact, respondents I (a) and 1 (c) had no right in the disputed property and had no right to enter into any compromise with the plaintiff-appellant. The appellate court by order dated 11-3-1997 observed that there was no bar to record such a compromise and, therefore, posted the matter to 10-4-1...
Tag this Judgment!Priti Ranjan Pradhan and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-25-1998
Reported in: 87(1999)CLT272; 1999(I)OLR187
A. Pasayat, J.1. Controversy regarding eligibility for promotion/ appointment to the post of Headmaster of a High School has existed notwithstanding two Full Bench decisions of this Court and therefore, this Special Bench has been constituted to resolve the controversy.2. The controversy arises in the background of Rule 8(3) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as the 'Rules'). Said provision reads as follows:'8. Exceptions to Selection by the Board-(1) and (2) xx xx xx(3) Vacancies in the posts of Headmasters of aided Boys' High Schools and Headmistresses of Girls High Schools and Readers, including Principals of aded colleges under the fold of the 'system of direct payment of full salary cost' shall be filled - up by the eligible trained graduate teachers of respective categories of High Schools and Headmasters and Headmistresses of respective categories ...
Tag this Judgment!Nabekishore Sahu and anr. Vs. East India Arms Co.
Court: Orissa
Decided on: Jan-21-1998
Reported in: AIR1998Ori95; 85(1998)CLT465
ORDERR.K. Dash, J.1. This revision by the plaintiffs is directed against the judgment of the Second Additional District Judge, Puri, in Misc. Appeal No. 14 of 1989 confirming the order of the learned Subordinate Judge, Bhubaneswar (presently designed as Civil Judge, Senior Division) passed in Misc. Case No. 161 of 1987 whereby the plainliffs'prayer for temporary injunction was refused.2. The plantiffs have filed Title Suit No. 170 of 1987 against the General Administration Department (defendant No. l)Directorof Estates, General Administration Department, Government of Orissa, and M/s. East India Arms Company Chourangi Road, Calcutta, (defendant No. 3) praying for recognition of their tenancy right, confirmation of possession and other ancillary reliefs in respect of an area measuring 150' x 31' appertaining to plot No. 96, Kharabela Nagar, Unit 3, Bhubaneswar (hereinafter referred to as the 'suit land'). Their case, in brief is that the suit land originally belonged to the General Admi...
Tag this Judgment!Narahari Naik and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-21-1998
Reported in: 87(1999)CLT264; 1998CriLJ3948
R.K. Dash, J.1. Conviction of the appellants (hereinafter referred to as 'the accused') under Section 304/34, I.P.C. and consequential sentence of rigorous imprisonment for six years awarded by the learned Sessions Judge, Keonjhar, in S.T. Case No. 1 of 1994 has been assailed in the present appeal.2. According to the prosecution, on 2nd August, 1993 Kusum Munda (hereinafter referred to as 'the deceased') had been to the house of accused Narahari Naik to realise a sum of Rs. 10/- towards a cost of a chicken purchased by him prior to the occurrence. The deceased returned empty handed as accused Narahari did not pay him the money. On that day evening all the accused persons being armed with lathis and cycle chain came to the house of the deceased and of them accused Narahari dragged him upto a path and thereafter all the accused persons assaulted him with the weapons held by them and caused injuries on his person. Budhuni Munda, P.W. 5, wife of the deceased came Panning to the spot, admin...
Tag this Judgment!R. Trinath and anr., Etc. Vs. the State
Court: Orissa
Decided on: Jan-20-1998
Reported in: 1998CriLJ3458
ORDERS.C. Datta, J.1. The present petitioners along with G. Nageswar Rao, stood charged under Sections 457 and 395, IPC read with Section 397, IPC, before the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Jeypore. The trial Court found all of them guilty of the offence under Sections 457 and 395, IPC convicted them thereunder and sentenced to suffer R.I. for five years each and to pay a fine of Rs. 1,000/- each and in default thereof to undergo R.I. for a further period of two months each.2. The accused persons appealed before the Sessions Judge. The learned Sessions Judge, Koraput-Jeypore, gave the appellant G. Nageswar Rao, the benefit of doubt and acquitted him of the charges. She, however, found the other accused persons guilty of the charge under Sections 457/395, IPC and upheld the order of Conviction and sentence recorded by the trial Court. These revision petitions are directed against the order of the appellate Court.3. The prosecution case, in short, is that on 6-10...
Tag this Judgment!Raghunath Sahu and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-20-1998
Reported in: 1998CriLJ2760
S.C. Datta, J.1. The appellants are twenty in number. All of them stood trial before the Addl. Sessions Judge, Bhubaneswar for offences under Sections 148, 323/324 read with Section 149, Indian Penal Code (for short the 'I.P.C.'). They were convicted by the trial Court thereunder and sentenced to suffer rigorous imprisonment for six months each on each count and the sentences were to run concurrently. They have moved this Court in appeal in the year 1986 of the appellants, appellants Nos. 5, 6 and 7 expired during pendency of the appeal.2. Any way, the case of the prosecution, in short, is that on 21-11-1981 at about 3 p.m. when the informant (P.W. 2) was returning from the land of Mohanahada along with Jayanta Padhan (P.W.5) Radha Mohan Nayak (P.W. 8), Biswanath Sahu and Banchhanidhi Sahu after cutting paddy and approaching Nupokhari to take their bath, suddenly 30 to 40 persons being armed with vali, bombs, gun and lathis rushed towards them abusing. Accused Purna Dalai First fired f...
Tag this Judgment!Bibhuti Keshari Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-19-1998
Reported in: AIR1998Ori147
R.K. Dash, J. 1. The petitioner in the present application filed under Articles 136 and 127 of the Constitution of India has challenged the action of the Stale and its functionaries reserving three constitueneies for women belonging to backward class of citizens in Narsinghpur Panchayal Samiti and consequently has prayed to quash the final list of the constituencies, Anncxure 3.2. To put shortly, the case of the petitioner is that there are in total 26 Constituencies in Narasinghpur Panchayat Samiti and of them 6 are reserved for scheduled castes (4 male and 2women). I for scheduled tribe (male), 7 for backward class citizens (5 male and 2 women) and 12 for general candidates (7 male and 5 women). Preliminary publication of the it of the constituencies as aforesaid was made which is in accordance with the provisions of the Orissa Panchayat Samiti (Amendment) Act, 1995 (for short, 'the Act'). Subsequently the Collector, Cuttack-opposite party no. 2 published a revised and final list of ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »