Orissa Court February 1998 Judgments
State Bank of India Vs. Dilip Chandra Singh Deo
Court: Orissa
Decided on: Feb-26-1998
Reported in: AIR1998Ori129; 87(1999)CLT662
P.K. Misra, J. 1. Plaintiff is the appellant against the decision of the trial Court dismissing the suit for realisation of Rs. 28,176.78 paise. 2. It is not disputed that defendant's late mother had a Current Account with the plaintiffs Bank. The plaintiff claims that the defendant's mother had over-drawn an amount of Rs. 5,608,72 paise as per accounts given in Schedule A of the plaint. From time to time, the defendant's late mother had acknowledged the dues and promised to repay the same. After her death and death of her husband, the defendant paid a sum of Rs. 500/- towards the over-drawal account and undertook to clear up the dues by writing a letter on 29-12-1981. Even thereafter, the amount having remained unpaid, the suit was filed for realisation of Rs. 28,176.78 paise charging interest at the rate of 15.5% per annum with monthly rest from 1973 till and of February, 1978 and at the rate of 15 per cent per annum with monthly rest from 1-3-1978 to 30-6-1980 and at the rate of 16....
Tag this Judgment!Prachi Engineering Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-26-1998
Reported in: AIR1998Ori209
D.M. Patnaik, J. 1. In this writ petition the petitioner a private limited company through its Managing Director prays for a direction to the opposite parties to extend the benefits under the 1989 Industrial Policy Resolution (for short, the 'IPR') and to quash Annexure-1, the letter of the General Manager, District Industries Centre. Balasore refusing the said benefit. 2. The case of the petitioner-unit in short is It's a private limited company set for manufacturing of M.S. Rods, M.S. Flats and Angles at Ranital in the district of Bhadrak. The company was duly registered with the District Industries Centre, Balasore. The company was supplied with electricity power on 20-10-1991 and went into commercial production from 25-11-1991 onwards. The land on which the industry is established was purchased for the company on 1-11-1985. Since the contract demand for electricity power supply was 359 KVA and thus below 500 KVA for which the unit was entitled to exemption of electricity duly under...
Tag this Judgment!Prasanna Kumar Naik Vs. State Bank of India and ors.
Court: Orissa
Decided on: Feb-26-1998
Reported in: 87(1999)CLT237; (1999)IIILLJ1131Ori
S.N. Phukan, C.J.1. The petitioner passed High School Certificate Examination in 1976 from Government High School, Tikabali, district Phulbani. He obtained M.A. Degree from Government College, Phulbani in the year 1981. Thereafter, he joined the State Bank of India, opposite party No. 1, as a cashier-cum-clerk with effect from March 6, 1982 after being selected on merit in written as well as viva vice test. He was selected in the quota assigned to Schedule Caste candidates as he produced a certificate issued to him by the Sub-Divisional Officer, Baliguda on September 7, 1981 vide Annexure-1. While he was serving as cashier-cum-clerk, a departmental proceeding was drawn up against him. The charge- sheet dated March 18, 1987 is at Annexure-2. He was charged of, committing gross misconduct in terms of' paragraph 521(4)(j) of the Sastry Award, read with paragraph 18.28 of the Desai Award by producing a false certificate showing that he belongs to Scheduled Caste (Pano) community, though he...
Tag this Judgment!Oriental Fire and Genl. Ins. Co. Ltd. Vs. Duryodhan SwaIn and ors.
Court: Orissa
Decided on: Feb-26-1998
Reported in: I(1999)ACC222; 2000ACJ160; 86(1998)CLT824
P.K. Misra, J.1. The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, by the insurance company challenging the award of the Claims Tribunal.2. The claimant-respondent No. 1 filed an application under Section 110-A of the Motor Vehicles Act, 1939, claiming compensation. According to his case, while he was proceeding with his goods in truck bearing the registration No. ORX 7806 belonging to the present respondent No. 2 on 13.4.85, there was a collision between the said truck and another truck bearing registration No. ORU 5828 belonging to the present respondent No. 3. The Oriental Fire & Genl. Ins. Co. Ltd., who was alleged to be the insurer, was impleaded as opposite party No. 3 as well as opposite party No. 4 on the footing that both the vehicles had been insured with those two opposite parties. It is obvious that there was no necessity to implead the very same insurance company twice over. Be that as it may, the owners of the trucks, namely, present res...
Tag this Judgment!Janaki Barik Vs. Executive Engineer, Central Electrical Division and a ...
Court: Orissa
Decided on: Feb-26-1998
Reported in: 1999ACJ155; 85(1998)CLT664
P.C. Naik, J.1. This is a claimant's appeal for enhancement of compensation. As there is no cross-objection or cross-appeal, detailed facts need not be gone into.2. The claimant-appellant is the widow of one late Sudhir Barik, who died on 12.3.1993 due to the injuries sustained by him on 19.10.1992 in an accident arising out of and in the course of his employment. On the date of death, his age was 42 years and 8 months and he was drawing monthly wages at the rate of Rs. 2,325.50. An application was filed by the claimant before the Commissioner for Workmen's Compensation and Assistant Labour Commissioner, Balasore, claiming compensation of Rs. 2,06,290.40. On being noticed, the opposite parties-respondents filed the written statement denying the liability. The Commissioner, on a consideration of the material on record and keeping in view the provisions contained in Section 4 of the Workmen's Compensation Act, 1923, determined compensation at Rs. 70,216. Aggrieved thereby, the claimant-a...
Tag this Judgment!Gopabandhu Das and ors. Vs. Maheswar Mundian and ors.
Court: Orissa
Decided on: Feb-24-1998
Reported in: AIR1998Ori131; 86(1998)CLT35
R.K. Dash, J.1. The unsuccessful plaintiffs are in appeal against the confirming judgment of the learned Subordinate Judge, Karanjia (presently designated as Civil Judge, Senior Division) in Title Appeal No. 2 of 1982.2. One Nityananda Das had initially filed the suit for declaration of right, title and interest and for recovery of possession of the lands described in Schedule-A of the plaint. During pendency of the suit, the plaintiff died and upon his death his sons were substituted as plaintiffs. For the sake of convenience Nityanands Das would be referred to as the plaintiff in the present appeal.3. Plaintiff's case, in brief, is that Indramani Mundian and Rangu Mundian were real brothers. The lands described in lot Nos. 1 and 2 of sched-ule-4 of the plaint originally belonged to Karuna Jena of Khuntiposi who transferred the same to Govinda Mundian, father of Indramani and Ranga, on 19-8-1962. Both Indramani and Rangu sold away lot No. 1 to the plaintiff for a consideration of Rs. ...
Tag this Judgment!Madhab Chandra Pradhan Vs. Orissa Construction Corporation Ltd. and or ...
Court: Orissa
Decided on: Feb-24-1998
Reported in: (1999)IIILLJ1453Ori
D.M. Patnaik, J.1. The petitioner invokes the extraordinary jurisdiction of this Court under Article 226 for his permanent absorption in the post of Assistant Stores Keeper under the Orissa Construction Corporation (for short, the 'Corporation), opposite party No. 1.2. Petitioner's case is, he was enrolled as the Nominal Muster Roll (for short 'N.M.R.') employee by opposite party No. 1 and joined the post on March 2, 1979. Since then he performed the work of the Assistant Stores Keeper in the Rengali Dam Project for about five years, thereafter at the NALCO Aluminium Project at Damanjori from 1983 to 1987, then at Rayagada Railway Project and lastly on being transferred to Ash Pond Clearing Project, O.C.C.L., Rourkela where he has been working in that capacity since 1994.It is his case that although he has been performing his duties sincerely and to the utmost satisfaction of the authorities, neither his services has been regularised nor he is paid the salary of the Assistant Stores Ke...
Tag this Judgment!Gave Dei Vs. Subasini Dei and anr.
Court: Orissa
Decided on: Feb-24-1998
Reported in: 86(1998)CLT29; 1998CriLJ3071
ORDERR.K. Dash, J.1. The short but interesting question that arises for consideration in the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') is whether the learned Additional Sessions Judge, Khurda, was justified in permitting the appellants, opposite parties herein, to adduce additional evidence in the appeal preferred by them against their conviction and sentence recorded by the learned Judicial Magistrate, First Class, Khurda in ICC No. 185 of 1990.2. For better appreciation, a few facts giving rise to the present revision may be stated thus :The opposite parties faced trial in the aforesaid complaint case lodged by the present petitioner. Upon trial they were found guilty under Sections 323 and 354, I.P.C. and sentenced to pay a fine of Rs. 200/- for each offence, in default to undergo rigorous imprisonment for one month each. Against that judgment and order of conviction the opposite parties preferred Criminal Appeal No. 153...
Tag this Judgment!Kiranbala Dandapat and Four ors. Vs. Secretary, Grid Corporation of Or ...
Court: Orissa
Decided on: Feb-23-1998
Reported in: II(1998)ACC273; 2000ACJ1286; AIR1998Ori159; 85(1998)CLT784
Pasayat, J.1. One Krushna Chandra Dandapat (hereinafter referred to as the 'deceased') lost his life on account of electrocution on 21-10-1993. His widow and minor children have filed this writ application for a direction to the Grid Corporation of Orissa Ltd. (hereinafter referred to as the 'Corporation') to compensate them.2. Case of the petitioners sans unnecessary details is as follows :On 21-10-1993, at about 6 a.m. the deceased had gone to his agricultural field to irrigate the land. A live high voltage 11 K.V. electric wire was lying on the field being disconnected from the pole. When the deceased came in contact with it, he sustained burn injuries and became senseless. Immediately he was taken to Derabis P.H.C. but his condition became serious. He was shifted to Kendrapara Hospital where he breathed his last. The matter was reported at Kendrapara Police Station basing upon which U.B. Case No. 55 dated 21-10-1993 was registered, Enquiry was conducted and it was clearly indicated...
Tag this Judgment!Hrushikesh Sarangi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-20-1998
Reported in: 1998CriLJ2696
ORDERP.R. Tripathy, J.1. The petitioner has challenged legality and correctness of the order dated 5-4- 1997 in Sessions Trial No. 29/10 of 1996 arising out of G.R. Case No. 101/95 of the Court of J.M.F.C., Sohella and now pending in the Court of the Asst. Sessions Judge, Padampur vide S.T. No. 29/32 of 1996.2. Heard.In view of the argument advanced and the limited point which is required to be adjudicated, the fact involved in the case is not necessary to be stated.3. Suffice for the purpose to note that charge sheet Under Sections 395, 397, 109 and 400 of the Indian Penal Code (in short, 'IPC read with Sections 25 and 27 of the Arms Act, 1959, was filed against five accused persons including the present petition. In the meantime, in Crl. Misc. Case No. 3327/95 Under Section 482 of the Code of Criminal Procedure Code, 1973 (in short 'the Code') petitioner prayed to quash the cognizance order. That case was disposed of with a direction that petitioner shall raise such point at the stag...
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