Orissa Court December 1998 Judgments
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Narayan Sahoo Vs. Jabdu Nanda and ors.
Court: Orissa
Decided on: Dec-08-1998
Reported in: 87(1999)CLT58; 1999(I)OLR359
A. Pasayat, J.1. Taking serious view of the conduct displayed by the opposite parties and doubting correctness of the orders passed by some learned Judges permitting surrender before the learned Sessions Judge directly without first surrendering before learned Magistrate notwithstanding decision of this Court in Smt. Basant Sahu v. Padma Charan Sahu and Ors. 1991 (I) OLR 133, reference has been made to the Division Bench by a learned Judge of this Court while dealing with prayer for cancellation of bail granted to opposite parties.A detailed reference to the factual aspects is necessary, in view of the fact that the conduct of opposite parties has been characterised to be obnoxious and an abuse of process of law. Criminal Misc. Case No. 3703 of 1995 under Section 438 of the Code of Criminal Procedure, 1973 (in short, the 'Code') was filed by opposite party No. 3 Chittaranjan Mishra (hereinafter referred to as the 'accused Chitta'). The matter was taken up on 28.12.1995, and was adjourn...
New India Assurance Co. Ltd. Vs. Ainthu Mallik and ors.
Court: Orissa
Decided on: Dec-07-1998
Reported in: 1999(I)OLR133
P.K. Misra, J.1. Claimant-respondents 1 to 5 filed Misc. Case No. 1197 of 1991 before the Motor Accident Claims Tribunal, Cuttack, claiming compensation as the legal representatives of late Gobinda Mallik. In the claim application, it was alleged that while the deceased was proceeding from Chandikhole side towards Cuttack on 15.8.1991, a bus bearing registration number ORY 969 dashed against the deceased near Barchana Bus Stand. Due to the accident, the deceased sustained severe injuries and subsequently succumbed to the injuries in the S.C.B. Medical College and Hospital, Cuttack, on the very same day. The claim application was settled during the Lok Adalat subject to confirmation of Insurance Policy and verification of the driving licence. Thereafter, the Insurance Company filed an application before the Claims Tribunal stating that on the date of the accident, the driver of the offending vehicle did not have a proper and effective driving licence, inasmuch as he was not authorised t...
Sri Tarun Kumar Sahu Vs. Sri Dhirendra Nath Datta and ors.
Court: Orissa
Decided on: Dec-07-1998
Reported in: 1999(I)OLR343
P.K. Misra, J.1. The applicant in the present Civil Review has been found to be the landlord in respect of the disputed premises. He had filed a case under the Orissa House Rent Control Act for eviction of present opposite party No. 1. The House Rent Controller while negativing the contention of the present petitioner regarding alleged subletting and damage to the disputed premises, passed an order of eviction on the grounds that the tenant had wilfully defaulted in payment of rent and the landlord required bona fide the house for his occupation. The appeal of the tenant having been dismissed by the appellate authority, OJC No. 3721 of 1990 was filed in this Court. The said writ application was allowed by judgment dated 29.7.1991 and the order of eviction was set aside on the finding that there was no wilful default in payment of rent.2. After the Civil Review was admitted, notice was published in newspaper regarding the hearing of the Civil Review. However, in spite of such publicatio...
Essel Mining and Industries Limited and anr. Vs. Union of India (Uoi) ...
Court: Orissa
Decided on: Dec-04-1998
Reported in: 87(1999)CLT471; (1999)IILLJ316Ori
Susanta Chatterji, J.1. The present writ application at the instance of M/s. Essel Mining & Industries Limited, a company registered under the Companies Act, 1956, together with one of its shareholders of the company seeks the following reliefs:-' ..... that this Hon'ble Court may be graciously pleased to issue a Rule Nisi calling upon the opposite parties to show cause as to why the impugned notification, vide Annexure-1 dated July 12, 1994 ought not to be quashed/set aside;AndIf the opposite parties will fail to show cause or show false or inadequate cause, make the said Rule Nisi absolute;AndPass writ in the nature of Mandamus and/or any other appropriate writ(s) as may be deemed just and proper;AndPass such further order(s) as this Hon'ble Court may deem necessary for granting your petitioner complete relief.'2. In fact, the petitioners challenge the Notification No. S.O.514 (E) dated July 12, 1994 of the Government of India, Ministry of Labour in exercise of the powers conferred u...
Laxmidhar Roul Vs. Board of Management, R.C.M.S. and ors.
Court: Orissa
Decided on: Dec-04-1998
Reported in: 87(1999)CLT22; 1999(I)OLR17
R.K. Dash, J.1. The petitioner who had been holding the post of Accountant in the Regional Co-operative Marketing Society Limited, Dhenkanal (for short, 'the Society') in both these writ applications filed under Articles 226 and 227 of the Constitution of India has, inter alia, prayed for a direction to the opposite parties to allow him to hold the post of Accountant in the Society and to pay him the salary and arrear dues as admissible to such post.2. Shorn of all details, petitioner's case as set out in the writ petitions may be stated thus :The Society is substantially financed by the State Government to the extent of 75 per cent and is fully controlled by the Registrar, Co- operative Societies, Orissa (hereinafter referred to as 'the Registrar') and thus is a 'State' within the meaning of Article 12 of the Constitution of India. The petitioner after having passed Matriculation Examination, appeared in the interview for the post of Assistant Accountant in the Society and on being se...
Special Land Acquisition Collector, N.T.P.C Vs. Baidhar Bhutia and ors ...
Court: Orissa
Decided on: Dec-04-1998
Reported in: 1999(I)OLR357
ORDERP.K. Misra, J.1. Heard learned counsel for the appellant and learned counsel appearing for respondent No. 1. There is delay of 121 days in filing the appeal. In the petition for condonation of delay, it has been stated that the impugned judgment dated 8.1.1997 was received by the appellant on 3.3.1997 from the trial Court. This may not be strictly correct, as it appears from the copy of the judgment filed in this Court that the certified copy was obtained on 24.2.1997. Be that as it may, the appellant has to explain the delay which occurred after the expiry of the date of limitation and it may not be necessary for the appellant to indicate as to what happened prior to the expiry of limitation. In this case, keeping in view the copy period available, 14th, April, 1997, was the last day for filing the appeal. It is stated by the appellant that after receipt of the papers, the connected file was sent to the office of the Advocate General, Orissa, for necessary opinion and a letter wa...
Babul Sahu Alias Mantu Sahu Vs. Smt. Laxmi Alias Sabitri Sahu and ors.
Court: Orissa
Decided on: Dec-04-1998
Reported in: 1999(I)OLR277
P.K. Misra, J.1. The plaintiff in a suit for partition is the appellant.-In the suit the plaintiff claimed partition on the footing that he is the son of Balabhadra. Radhamohan and Balabhadra were admittedly two brothers. Defendant No. 6 in the present suit is the son of Radhamohan and Nishamani, the widow of Radhamohan. However, there was some dispute relating to parentage of present plaintiff. In a previous suit (O.S.No. 34/66-1) filed by Balabhadra and Kshirodamani. the widowed mother of Balabhadra and Radhamohan. it had been alleged that the present plaintiff and defendant No. 7 were the son and daughter of Radhamohan through Nishamani. In the said suit for partition, a decree on the basis of compromise was passed whereunder one-third property was allotted to Nishamani and Siba Sahu, son of Radhamohan and Nishamani, whereas two-third properties as per the present plaint 'Kha' Schedule were allotted to Balabhadra and Kshirodmani. The plaintiff claims that in Clause-2 of the said com...
Arun Kumar Mishra Vs. Orissa Mining Corporation and ors.
Court: Orissa
Decided on: Dec-02-1998
Reported in: 1999(I)OLR219
Susanta Chatterji, J.1. Arun Kumar Mishra, the writ petitioner, has prayed for the following reliefs :'.......to admit the writ application, issue rule nisi, in the nature of a writ of mandamus or any other appropriate writ or writs as deem fit and proper calling upon the opposite parties to show cause as to why the services of the petitioner as Junior Assistant shall not be regularised in monthly cadre w.e.f. the date of his initial appointment, i.e., 13.3.1986 with all consequential service benefits from that date and in the event the opposite parties fail to show cause or show insufficient cause the said rule be made absolute;And may further be pleased to pass any other order/orders or direction/directions as deem fit and proper and for this act of kindness the petitioner shall as in duty bound ever pray'.2. The petitioner, in fact, is aggrieved by the inaction of the opp. parties, namely, the Orissa Mining Corporation and its officials in not regularising the service in the proper ...
Sri Anil Kumar Das Alias Ananta Charan Ramanuja Das Vs. the Commission ...
Court: Orissa
Decided on: Dec-02-1998
Reported in: 1999(I)OLR428
Susanta Chatterji, J.1. The present writ petition is filed by one Anil Kumar Das alias Ananta Charan Ramanuja Das claiming to be Chela of Late Raghunath Ramanuja Das and asking for the following reliefs :'.... that this Hon'ble Court may graciously be pleased to admit this application, call for the records in O.A. No. 155/88 on the file of opposite party and after hearing the counsel for the petitioner quash the impugned order in Annexure-5 with a direction to the opposite party to hold the petitioner as hereditary trustee of the institution Shri Raghunath Swamy and Shri Hanuman Swamy popularly known as Jarada Math and allow the writ petition;And grant such other reliefs as deemed fit in the circumstances of this case.....'2. In fact, the petitioner has challenged the order made by the Commissioner of Endowments, Orissa, in O.A. No. 155 of 1988 Under Section 30( 1) of Orissa Hindu Religious Endowments Act, 1951. Copy of the impugned order is Annexure-5 to the writ petition. It transpir...
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