Orissa Court April 1998 Judgments
Lakshmidhar Satapathy (Dead) and ors. Vs. Lingaraj Satapathy and ors.
Court: Orissa
Decided on: Apr-27-1998
Reported in: AIR1999Ori12
S.N. Phukan, C.J. 1. This second appeal is directed against the judgment of the lower appellate Court dated 23-1-1984 passed in Title Appeal No. 120 of 1984. By the impugned judgment, the lower appellate Court set aside the judgment and decree of the trial Court dated 8-9-1981 passed in Title Suit No. 396 of 1978. 2. Briefly stated, the facts are as follows :--The plaintiff, who is the appellant herein, tiled the suit for declaration that he is the adopted son of Padmanava Satapathy and that defendant-respondent No. 1 Lingaraj Satapathy was never taken in adoption by the said Padmanava Satapalhy. According to the plaintiff, late Padmanava Satapathy, having remained without any issue for a long time after the death of his only daughter, decided to adopt a son with a view to perpetuate the line of succession. Therefore, he requested the father of the plaintiff, namely, Nisamani Satapathy, to give the plaintiff in adoption to him, which was accepted. On a Sripanchami day in the month of M...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Radhey Shyam Naik and ors.
Court: Orissa
Decided on: Apr-27-1998
Reported in: (1999)IIILLJ934Ori
P.K. Mohanty, J.1. This is an appeal by the Insurer M/s. Oriental Insurance Company Ltd., Jeypore against the award of the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Jeypore saddling the liability on the appellant to pay the compensation amounting to Rs. 31,197/-within 30 days of receipt of the judgment and in default to pay a penalty of Rs. 10,000/- with interest at the rate of 6 % per annum over and above the amount of compensation.2. The short facts giving rise to the present appeal is that one Radhe Shyam Nayak, who was working as a Mixer Operator under M/s. Shankar Narayan Construction Co. Respondent No. 2, a contractor engaged by the Executive Engineer, T.R. Division of Upper Indravati Irrigation Project, on May 4, 1992 at 5.30 P.M. met with an accident due to which his left hand slipped into the Mixer Machine Drum sustaining injuries during the course of his employment. The workman was admitted into the Headquarters Hospital, Bhawanipatna, where he r...
Tag this Judgment!Ambika Padhan and anr. Vs. Chairman, Orissa State Electricity Board an ...
Court: Orissa
Decided on: Apr-27-1998
Reported in: I(1999)ACC279; 2000ACJ297; 1998(II)OLR131
R.K. Dash, J.1. Unsuccessful plaintiffs in Money Suit No. 40 of 1987 of the Court of the Subordinate Judge, Bolangir, are in appeal against the judgment and decree whereby their claim for compensation of Rs. 1,44,000/- has been dismissed.2. Plaintiff No. 1 is the widow, plaintiff No. 2 is the son and plaintiff No. 3 is the mother of late Gopal Pradhan (hereinafter referred to as 'the deceased'). They filed the suit in a form which is usually in claim cases under the Motor Vehicles Act, claiming compensation of Rs. 1,44,000/-for the death of the deceased due to electrocution. Their case, in short, was that on 5.9.1985 on account of heavy rain and cyclone the electric line snapped and was lying on the ground. The deceased while going to his land came in contact with the live wire as a result he died. The monthly income of the deceased was Rs. 450/- with which he was maintaining himself and the plaintiffs, his defendants. Since the Orissa State Electricity Board (for short, 'OSEB') being ...
Tag this Judgment!Large Sized Multipurpose Co-operative Society Ltd., Gunpur Vs. State o ...
Court: Orissa
Decided on: Apr-21-1998
Reported in: AIR1998Ori180
S.N. Phukan, C.J. 1. The writ petitioner is the Large Sized Multipurpose Co-operative Society Ltd. (shortly stated 'LAMPS') of Gunpur, LAMPS is a primary co-operative society having 5800 members. It is in existence from the year 1956-57 and has played a vital role in developing the habitants of Gunpur area and providing employment to the Adivasi people residing in Gunpur block area. LAMPS has been a forest contractor with regard to 10 minor forest produce and the society is completely dependent on the said produce. It has also been stated that since its inception, leases were executed between the State Government and the LAMPS for col lection and sale to private parties of the above 10 minor forest produce. LAMPS is operatingby following the Orissa Forest Contract Rules, 1966. 2. The orginal lease granted in favour of th.c LAMPS was being renewed from time to time and the last renewal was for three yers from 1995-96 to 1997-98. Copy of the letter of the Government for renewal of lease ...
Tag this Judgment!Pyarelal Singh Punjabi Vs. Amrit Rai and ors.
Court: Orissa
Decided on: Apr-21-1998
Reported in: 1998(II)OLR174
R.K. Dash, J.1. The unsuccessful plaintiff in Money Suit No. 20 of 1978 has preferred this appeal against the judgment dated 23rd October, 1979 passed by the learned Subordinate Judge, Titilagarh dismissing the suit on the ground of non-compliance of Section 18-B of the Orissa Money Lenders Act, 1939 (hereinafter referred to as 'the Act').2. The plaintiff's case in brief, is that the plaintiff was a registered money lender having licence No. 8 of 1971 for Rs. 50,000/- from the competent authority under the Act. Loknath Rai, the predecessor of the defendants, being in need of money to meet the legal necessity of his family, took loan of Rs. 4,000/- from the plaintiff on 17.5.1975 on executing promissory Note, Ext. 2. It was agreed upon that the aforesaid loan would carry interest at the rate of 12% per annum. In spite of repeated demands the debtor did not pay anything either towards the loan or interest accrued thereon. Ultimately he died leaving behind the defendants as his heirs on w...
Tag this Judgment!Ramesh Ch. Ojha Vs. Rangalata Ojha and anr.
Court: Orissa
Decided on: Apr-20-1998
Reported in: I(2000)DMC588
ORDERP.R. Tripathy, J. 1. Heard.This revision is directed against the judgment dated 7.2.1997 in Criminal Proceeding No. 411 of 1991, a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code') registered on the joint application of both the opposite party members. By that order monthly maintenance at the rate of Rs. 350/- and Rs. 250/- was granted to opposite party Nos. 1 and 2 respectively with effect from the date of application i.e. 1.8.1990.2. Inter se relationship of the parties that petitioner is the husband of the opposite party No. 1, and father of opposite party No. 2, and that opposite party No. 2 is a minor, are undisputed facts. They also alleged that having sufficient income, petitioner refused and neglected to maintain them, and that they have no source of income to sustain the livelihood. Petitioner disputed the allegations and contested the case. Learned Judge, Family Court, on assessment of evidence in record found the case of ill-trea...
Tag this Judgment!Subhra Raul Vs. Nathan Raul
Court: Orissa
Decided on: Apr-17-1998
Reported in: II(1999)DMC294
A. Pasayat, J.1. A question regarding maintainability of the proceeding Original Suit No. 1 of 1996 which has been purportedly filed under Section 22 read with Sections 23 and 27 of the Indian Divorce Act, 1869 (in short, the 'Act') has been raised by the respondent.2. The essential facts need to be noted for adjudication of the controversy.Plaintiff Subhra Raul has filed this proceeding praying for a decree of judicial separation to be passed against respondent Nathan Raul. Further prayer is for a decree for payment such gross sum by way of alimony, or annual sum of money as may be quantified. According to respondent, who has raised question of maintain- ability, petition under Section 22 of the Act is required to be filed before the High Court under whose jurisdiction the husband and wife last resided together. According to him, the admitted position being that plaintiff was staying at Mumbai during the period from 1992 to 1995, whereafter she has filed the present suit, this Court h...
Tag this Judgment!Santanu Kumar Dash Vs. Chairman-cum-managing Director, Orissa State Co ...
Court: Orissa
Decided on: Apr-17-1998
Reported in: 1999(I)OLR284
R.K. Patra, J.1. In this application under Articles 226 and 227 of the Constitution of India, the petitioner prays for a direction to the opposite parties to regularise his service and grant service benefits which are admissible to his counter-parts who are in regular employment.2. The case of the petitioner is that he was initially appointed as a Marketing Assistant under the opposite party No. 1 - Orissa State Co-operative Milk Producers Federation Ltd., (in brief, 'the OMFED') on a monthly consolidated pay. As his services were terminated on 10.9.1986 without assigning any reasons, he raised industrial dispute and at the conciliation stage, the OMFED assured to take him back to service provided he withdrew the industrial dispute. The petitioner in good faith withdrew the complaint. After some time, the petitioner was appointed for 45 days only and thereafter the appointment was made from time to time with breaks. The OMFED bore grudge against him because of the fact that he earlier ...
Tag this Judgment!The Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. Sauda ...
Court: Orissa
Decided on: Apr-17-1998
Reported in: 2000ACJ218; 1998(II)OLR61
D.M. Patnaik, J.1. This appeal by the United India Insurance Company Limited is against the award of compensation to the respondents in an accident case arising under Motor Vehicles Act awarding compensation of Rs. 92,000/- besides 9% interest per annum.2. Claimants are the widow of the deceased Kali Charan Das, his son (petitioner No. 2) and parents (petitioners 3 and 4).Case of the claimants were that on 13.3.1989 the deceased who was then serving in the Sales Tax Department, after office hour while attempting to board the town bus bearing Registration No. ORU - 9677 at Badambadi, fell down and sustained bodily injuries and died of the injuries next day in the hospital. This was on account of sudden movement of the vehicle for rash and negligent driving of the driver. He was aged 58 years and earning a monthly income of Rs. 1644/- as Senior Assistant under the Sales Tax Department of the State Government. Opposite parties 1 and 2, owners of the bus, did not contest the case and were ...
Tag this Judgment!Atanu Patnaik Vs. State Transport Authority, Orissa and ors.
Court: Orissa
Decided on: Apr-16-1998
Reported in: AIR1999Ori30
1. Some cases have no end to their litigative battles and the present case, as it appears, is one such case. Right from December, 1993 a dispute relating to fixation of timings and change of alignment is continuing. The unabated impugned Order dated 10-2-1998 as at Annexure-13 has provided considerable fuel to the battle fire. Without tracing the litigative history in detail, it would suffice to take note of the actions taken and the orders passed by the opposite parties which form subject-matter of dispute in the present case.2. The case of the petitioner in essence is that on 10-12-1997 the Secretary of the State Transport Authority (shortly called 'the S.T.A.') passed a reasoned Order directing inter-change of timings between the petitioner and opposite party No. 3 by giving the latter preference and a stipulation that the petitioner will not have any stoppage at the F.C.L site. The timings and the route have been indicated in the temporary permit issued under the Motor Vehicles Act...
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