Orissa Court November 1998 Judgments
National Insurance Co. Ltd. Vs. Raisa Bibi and ors.
Court: Orissa
Decided on: Nov-16-1998
Reported in: 2000ACJ600; AIR1999Ori78
P.K. MISRA, J.1. The Insurance Company challenge the order dated 12-12-1995, passed by the Second Motor Accident Claims Tribunal, Cuttack.2. The present opposite parties 1 to 8 filed claim application under Section 166 of the Motor Vehicles Act, 1988, for compensation alleging that the husband of opposite party No. 1 expired in an accident caused due to negligent driving of the vehicle, a trekker bearing number OR 04-5341 belonging to present opposite party No. 9. The claim option was placed before Lok Adalat and the amount of compensation payable to the claimants was amicably settled subject to verification of the Driving Licence of the driver of the Trekker. Thereafter, the Insurance Company filed an application stating that though the driver of the vehicle had the Driving Licence bearing number 803/88-89, he did not have P.S. V. Badge and as such was not authorised to drive any public service vehicle. It was stated that since the trekker was registered as public service vehicle and ...
Tag this Judgment!Alekh Das Vs. Himat Ranjan Das and anr.
Court: Orissa
Decided on: Nov-16-1998
Reported in: (1999)IILLJ1339Ori
P.K. Misra, J.1. This appeal has been filed by the claimant under Section 30 of the Workmen's Compensation Act (in short, the 'Act'), claiming higher compensation,2. The claimant filed claim application before the Commissioner for Workmen's Compensation (in short, the 'Commissioner'), Cuttack, alleging that he was working as a coolie in respect of a mini bus bearing registration No. OIU 2372 belonging to respondent No. 1. It was further alleged that on July 25, 1991 the said truck met with an accident as a result of which he had sustained injuries in the said accident arising out of and in course of his employment.3. The owner while admitting about the employment, wage and accident, disputed about the age of the claimant and the nature of injuries. The owner took the further plea that the vehicle had been insured and the liability, if any, should be met by the Insurance Company. The Insurance Company filed written statement denying the allegations.4. The Commissioner found that the cla...
Tag this Judgment!Mora Alias Muchiram Murmu Vs. State
Court: Orissa
Decided on: Nov-13-1998
Reported in: 1999CriLJ3106
A. Pasayat, J. 1. In this appeal from Jail, Mora alias Muchiram Murmu calls in question legality of the judgment passed by the learned Sessions Judge, Mayurbhanj, Baripada holding the appellant (hereinafter referred to as the 'accused') guilty, and convicting him for commission of an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and sentencing him to undergo rigorous imprisonment for life.2. Prosecution version as unfolded during trial is essentially as follows:On 26-8-1991 the accused and five others namely BhimaMurmu alias Manka, Syam Murmu alias Mathura, Tumi alias Chaitanya Murmu, Puma Chandra Murmu and Chandra alias Katra Murmu (since acquitted) formed an unlawful assembly and armed with deadly weapons like tangi, axe and lathi trespassed into the house of the informant Lalmohan Murmu (P.W. 1), and there accused Mora caused death of mother of the informant by attacking her with a tangi, Kamatudu (P.W. 3), mother-in-law of Lalmohan who was pr...
Tag this Judgment!Rev. Joseph Cherian and ors. Vs. Mrs. Celine Thomas
Court: Orissa
Decided on: Nov-09-1998
Reported in: AIR1999Ori93; 88(1999)CLT604; 1999(I)OLR169
ORDERP.K. Mohanty, J. 1. The defendants in a suit for injunction and account are the petitioners against the order of injunction passed by the trial Court restraining them from taking any coersive action and subsequently directing reconnection of electric and water supply to the suit scheduled properties. 2. The opposite party, as plaintiff filed a suit in the Court of the Civil Judge (Senior Division), Cuttack for permanent injunction, restraining thedefendants-petitioners from existing her from the quarters she occupied as a teacher and subsequently as a principal of the Stewart School, Cuttack, without due process of law till her entitlements and retirement dues have been cleared and for accounts with regard to her entitlements claiming that during a period of 41/2 years intermittently when she remained in charge of principal, she has not been paid a scale admissible to a principal and as per terms of her appointment, she is entitled to retain the quarter till all her dues are clear...
Tag this Judgment!Commerce and Industries and anr. Vs. Punjab National Bank
Court: Orissa
Decided on: Nov-09-1998
Reported in: 1999(I)OLR105
P.K. Misra, J.1. The opposite party filed Money Suit No. 31 of 1985 against the present petitioners for realisation of Rs. 15,15,915.84 paise. During the pendency of the suit, the opposite party filed an application seeking permission of the Court to sell away the raw materials and machineries of the petitioners' industry which had been given by way of pledge to the Bank. The said application was rejected. Civil Revision No. 805 of 1987 filed by the plaintiff against the aforesaid order was dismissed by the High Court by order dated 11.7.1990. Therefore, the suit was decreed ex parte on 13.3.1994 and the defendant-petitioners were directed to pay up the decretal amount within three months failing which the plaintiff was permitted to realise the amount through process of law. Thereafter, the present petitioners filed Misc. Case No. 127 of 1994 under Order 9, Rule 13 of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C.') to set aside the ex parte decree and the said pet...
Tag this Judgment!National Trading Co. Vs. Sales-tax Officer and ors.
Court: Orissa
Decided on: Nov-09-1998
Reported in: 1999(I)OLR587
A. Pasayat, J.1. These three writ applications are inter-linked and are disposed of by this common order.2. The dispute relates to non-grant of refund flowing out of the appellate order passed by the Assistant Commissioner of Sales-tax, Cuttack I Range, Cuttack for three periods, i.e., assessment years 1991-92, 1992-93 and 1993-94. Grant of refund was refused purportedly in exercise of power under Section 14-D of the Orissa Sales-tax Act. 1947 (in short, the 'Act').3. The undisputed position is that the refund of Rs. 1,65,821/-, Rs. 36,513/- and Rs. 14,721/- for the three years respectively flows from the first appellate order. The Sales-tax Officer, Cuttack I East Circle informed the petitioner vide letter dated 22.8.1998 in respect of first two years and vide letter dated 31.7.1996 in respect of the third year (annexed as Annexure-1 to each case) that the Commissioner of Sales-tax had been pleased to withhold the refund till disposal of the second appeals filed by the State under Sec...
Tag this Judgment!Padmanav Dehury and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-08-1998
Reported in: AIR1999Ori97
Pasayat, J. 1. Nomination of Ramachandra Mohapatra as President of the Governing Body of Ramamani Mahavidyalaya, Kantabad in the district of Khurda is under challenge in this writ application. Said nomination was made by the Director of Higher Education, Orissa, Bhubaneswar under Rule 27 (wrongly stated to be Section 27 in Annexure-1) of the Orissa Education (Establishment, Recognition, Management of Private Junior Colleges/Higher Secondary Schools) Rules, 1991 (in short, the 'Rules'). The institution is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969 (in short, the'Act'). 2. Main plank of challenge is that said Rama Chandra Mohapatra is not an eminent educationist which is a sine qua non for such nomination. It is highlighted that originally by order dated 4-9-1997 (Annexure-1) the Sub-Collector, Khurda was nominated by the Government as the President of the Governing Body. Subsequently by order dated 21-11-1997 (Annexure 2), the ...
Tag this Judgment!Vivek Kamdar Vs. the Principal, Christ College and ors.
Court: Orissa
Decided on: Nov-06-1998
Reported in: 1999(I)OLR30
A. Pasayat, J.1. Both the writ applications have many things in common in essence raise quite a number of similar disputes and are therefore disposed of by this common judgment. The writ application (O.IC No. 3751 of 1998) has been filed by a student of Christ College, who was denied permission to appear at +2 Science Examination of 1998 conducted by the Council of Higher Secondary Education, Orissa (hereinafter referred to as the 'Council'). The prayer was denied on the ground that his admission was irregular and the College admitted him and other students beyond the sanctioned number of seals'. The other writ application (OJC No. 2046 of 1998) has been filed by the College, challenging action of the authorities in refusing to accept the prayer to increase number of seats.2. A brief reference to the almost undisputed factual position would suffice. Number of sanctioned seats was 256 in +2 Science. Prayer was made sometime in 1994 by the College to increase seats from 256 to 384. There...
Tag this Judgment!Santosh Kumar Mallia and ors. and Prafulla Chandra Mangaraj and ors. V ...
Court: Orissa
Decided on: Nov-06-1998
Reported in: 1999(I)OLR89
S.N. Phukan, C.J.1. By this common judgment and order, we dispose of the aforesaid two writ petitions. We may state here that at the admission stage, we heard at length on the merit of both the writ petitions. Though no counter has been filed, as stated at the Bar, the petitions can be disposed of on the points involving law.2. All the writ petitioners, who are working under the Bhubaneswar Municipal Corporation, have been transferred to other Municipalities/ Notified Area Councils (for short 'N.A.C.') of the State of Orissa and the same has been challenged in these writ petitions. The transfer order has been passed by the Director of Municipal Administration-cum-Ex- Officio Additional Secretary to the Government. The petitioners have challenged the constitutional validity of Rule 10 of the Orissa Local Fund Service Rules, 1975 (for short 'the Rules') and also the order of their transfer to other Municipalities/N.A.Cs. We may state here that the Orissa Local Fund Service Rules, 1975 we...
Tag this Judgment!Prasanta Kumar Sahu Vs. State
Court: Orissa
Decided on: Nov-06-1998
Reported in: 1999CriLJ969; 1999(I)OLR71
A. Pasayat, J.1. In the Persian tragic epic of Sohrab and Rustom father killed the son without knowing the identity. In the case at hand, a young boy of ten has met homicidal death. Prasant Kumar Sahu, the appellant (hereinafter referred to as the 'accused'), father of the deceased is said to be the perpetrator of the crime. The unfortunate deceased was living with his mother, brother and sister in their maternal grand- father's house. Accused married Janaki (P.W. 3) sometime in 1981. There were frequent quarrels between the accused and his wife, which forced latter to leave her husband's house, and stay in the matrimonial home with the children for about four years preceding the date of occurrence, i.e., on 29.9.1991. Law was set into motion by Alekh Chandra Sahu (P.W.2) father-in-law of the accused alleging that on the date of incident at about 11 a.m. the deceased went out from his house and did not return till 4 p.m. Sankar Behera and two others came and reported to him that someon...
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