Orissa Court July 1998 Judgments
Benudhar Parida Vs. Smt. Indu Parida and ors.
Court: Orissa
Decided on: Jul-31-1998
Reported in: 86(1998)CLT423; 1998CriLJ4392; I(1999)DMC458
P.K. Tripathy, J.1. Petitioner has filed this revision against the judgment dated 30.9.1991 in Misc. Case No. 149 of 1991 under Section 125 of the Criminal Procedure Code, 1973 (in short, 'the Code') of the learned Judge, Family Court, Rourkela. This revision application was initially registered as Crl. Revision No. 59 of 1992. On an application filed by the petitioner it was registered as Crl. Appeal No. 83 of 1992. However, as per the Court's order No. 15 dated 22.2.1994 read with order No. 17 dated 25.3.1994 it was again registered as Crl. Revision No. 189 of 1994. This revision is disposed of at the stage of hearing on admission on the consent and active participation of both the parties.2. Opposite Party No. 1 is the legal married wife of the petitioner. She filed the aforesaid Misc. Case under Section 125 of the Code claiming for monthly maintenance from the petitioner. No relief was claimed against Opposite Parties 2 and 3 who were the employers of the petitioner. Since they wer...
Tag this Judgment!Jadumani Sahu Vs. Brundabati Sahu
Court: Orissa
Decided on: Jul-31-1998
Reported in: 86(1998)CLT358; I(1999)DMC443
P.K. Tripathy, J.1. Opposite party in Criminal Misc. Case No. 28 of 1993/Tr. No. 32/95 has filed this revision challenging the order of maintenance under Section 125 of the Criminal Procedure Code, 1973 (in short, 'the Code').2. Petition under Section 125 of the Code filed by the present opposite party claiming for maintenance from the present petitioner on the ground that she is the legally married wife of the petitioner and she was ill-treated and deserted for nonfulfilment of further dowry demand and that petitioner has not only neglected and refused to maintain her but also married for the second time, in the meantime. She has stated that their marriage was solemnised on 4.2.1990 and since 'Dasahara' 1990 she has been deserted and neglected. Petitioner without disputing the date of marriage, inter se relationship and the factum of opposite party going to her parents' house in 'Dasahara' 1990 denied to the allegations of demand of further dowry and ill-treatment and cruelty on that ...
Tag this Judgment!Kanaka Ghadei and anr. Vs. Santosh Kumar Mishra and anr.
Court: Orissa
Decided on: Jul-31-1998
Reported in: 1998(II)OLR320
P.K. Misra, J.1. This is an appeal by the claimants claiming higher compensation. The claimant-appellants are the daughter-in-law and son of deceased Banchhanidhi Ghadei. It was alleged that the aforesaid Banchhanidhi Ghadei died in a motor accident caused due to negligent driving of the driver of the vehicle. A sum of Rs. 50,000/- was claimed as compensation. The owner did not contest the case. The Insurance Company, however, contested the case on merit and denied the allegations made in the claim application. The Tribunal on consideration of the materials on record found that the deceased died on account of the motor accident and the accident was caused due to rash and negligent driving of the driver. The Tribunal directed for payment of Rs. 20,000/- as compensation. The present appeal has been filed by the claimants claiming higher compensation. No appeal or cross-objection has been filed either by the owner or the Insurer. In the absence of such challenge, the finding of the Tribun...
Tag this Judgment!Smt. Ketaki Manjari Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-29-1998
Reported in: 1998(II)OLR452
ORDER1. 29.7.1998 - Heard Mr. Mohanty for the petitioner.The petitioner Ketaki Manjari Sahu has asked for the following reliefs :-'........... Issue a writ in the natureof mandamus or any other suitable writ directing the opp. parties to appoint the petitioner as a teacher in the Primary/ME/High School under the Rehabilitation Assistance Scheme by quashing Annexure-3 and the rejection of appointment under Rehabilitation Assistance Scheme to the family members as in Annexure-8 and be further pleased to direct the opp. parties to include married daughter in the family list, under Rule 2(b) of the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990, where there is no other ward to support the indigent family and the married daughter lives in the paternal house with her husband taken in as an ill atom son and be further pleased to pass any other order/orders as this Hon'ble Court may deem fit just and proper in view of the peculiar facts and circumstances of the case ........'2. L...
Tag this Judgment!Gananath Sahu and ors. Vs. Ramakanta Pradhan
Court: Orissa
Decided on: Jul-29-1998
Reported in: 86(1998)CLT769; 1998CriLJ4390
ORDERP.R. Tripathy, J.1. Heard.2. This application Under Section 407 read with Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code') is disposed of at the stage of hearing on admission.3. Petitioners are the accused persons in I.C.C. No. 87 of 1997 pending in the Court of J.M.F.C.(R), Cuttack and the alleged offences are Under Sections 341, 294, 506/34, I.P.C.4.learned Counsel for the petitioners states that as it reveals from the complaint petition, the complainant, the accused persons and three out of four named witnesses belong to the same place residing in the district of Keonjhar whereas only the witness No. 4 is a resident of Choudwar. He further states that only with a view to harrass the accused persons a false case has been instituted at Cuttack and the petitioners being poor persons it will be a costly affair for them to face the trial at Cuttack. They thus, pray for transfer of the case of any magisterial Court in Keonjhar Sessions division.5.learned Counse...
Tag this Judgment!Satyabhama Mishra Alias Golap Mishra and anr. and Smt. Susama Ratha an ...
Court: Orissa
Decided on: Jul-28-1998
Reported in: 86(1998)CLT453; 1998(II)OLR272
P.K. Misra, J.1. The present writ applications have been filed on behalf of the tenants challenging the legality of the order of eviction passed by the appellate authority in appeal.2. The disputed premises belonged to Jayanarayan, who had inducted Lingaraj Nanda, Proprietor of Annapurna Theatre 'B' Group. Subsequently, after the death of Jayanarayan, his three sons, Bisweswar Lai, Kedarnath and Ramanandalal instituted eviction proceeding under the Orissa House Rent Control Act, 1967, which was numbered as M.R.C. Case No. 111/70. They sought for eviction on the ground of wilful default in payment of rent, their bona fide requirement for personal use and occupation and further on the ground that the tenants had sublet the disputed house to other persons.By order dated 13.2.1974, the House Rent Controller rejected the application. H.R.C. Appeal No. 14/74 was filed by the landlords. The chief Judicial Magistrate, the appellate authority, while upholding the finding regarding subletting, a...
Tag this Judgment!Smt. Puni Singh Vs. Chairman, Grid Corporation of Orissa and ors.
Court: Orissa
Decided on: Jul-28-1998
Reported in: 1998(II)OLR322
P.K. Mohanty, J.1. The petitioner, a widow aged about 24 years, having lost her husband by electrocution due to the snapping of the electric line has invoked the extraordinary jurisdiction of this Court for compensation.2. The short fact of the petitioner's case is that her husband, a daily labourer, was working at Remuna Bazar and on 27.8.1996 at about 11.00 P.M., when he was coming back from the work, near Mitrapur Road, he came in contact with a live electric wire, which fell on the middle of the road and died due to electrocution. The negligence according to the petitioner, is of the Grid Corporation and its mismanagement. FIR was lodged by the brother of the petitioner. The police conducted the investigation having registered U.D. Case No. 6 of 1996, made inquest over the dead body and sent the deceased for post-mortem examination. Hence, the prayer for compensation of a sum of Rs. 2,00,000/-.3. The opp. party-Grid Corporation filed its counter disputing the claim of the petitione...
Tag this Judgment!Hadibandhu Jena Vs. Tribal Development Co-operative Corporation of Ori ...
Court: Orissa
Decided on: Jul-28-1998
Reported in: 88(1999)CLT53; 1998(II)OLR356
R.K. Patra, J.1. By order of the Managing Director, Tribal Development Co-operative Corporation of Orissa Limited, Bhubaneswar, as communicated in Memo No. 10036/TDCCOL dated 29.11.1989 (Annexure-4), the petitioner was removed from service under Rule 9(9) (i) of the T.D.C.C. Employees Disciplinary Proceedings and Appeal Rules, 1988. The petitioner preferred appeal against the order of removal from service which was dismissed as per order dated 7.6.1990 (Annexure-5). In this writ application, he assails the propriety and correctness of the aforesaid orders, Annexures-4 and 5.2. The petitioner while serving as shop supervisor under the Tribal Development Co-operative Corporation of Orissa Limited (TDCC) was served with a set of charges and was called upon to submit his written statement of defence (Annexure-1). The petitioner submitted his statement of defence denying the charges (Annexure-2). The charges were enquired into. The Enquiring Officer in his report dated 10.7.1989 (Annexure-3...
Tag this Judgment!Amiya Charan Jena Vs. Managing Director, Orissa Handloom Development C ...
Court: Orissa
Decided on: Jul-27-1998
Reported in: [1997(75)FLR220]; (2000)ILLJ977Ori
R.K. Patra, J. 1. All the aforesaid three cases were referred to a Full Bench to decide, inter alia, the constitutional validity of Rule 20 of the Orissa State Handloom Development Corporation Employees' Service Rules, 1986. The Full Bench by judgment dated October 9, 1996 1997 (1) OLR 506 held that Rule 20 is neither arbitrary nor violative of Articles 14 and 16(1) of the Constitution of India and remitted the cases to the Division Bench for disposal on merits and that is how these cases have come before us. 2. In paragraphs 30 to 32 of the judgment, the Full Bench has recorded its findings. We may for the sake of convenience extract the same hereunder: 'Rule 20 of the Rules can be invoked by the Corporation for termination of services of a probationer after the expiry of the period of probation. There has to be some limit to the expression 'after the expiry of probation', as the sword of Damocles cannot be kept hanging on the head of probationer. In other words, this rule can be invo...
Tag this Judgment!Hafizur Raheman Vs. Oriental Insurance Company Ltd.
Court: Orissa
Decided on: Jul-27-1998
Reported in: 1998(II)OLR318
P.K. Misra, J.1. This appeal has bee filed by the claimant seeking for a higher compensation.2. The claimant suffered injury on account of an accident involving a truck bearing registration No. ORJ 4767. It is stated that on 13.6.1985 he was proceeding on a cycle towards Chahdikhol and the truck came from behind and dashed against him, as a result .of Which he fell down from the cycle and sustained fracture on the leg and multiple injuries all over the body. He was hospitalised and was treated in the S.C.B. Medical College Hospital, Cuttack, for about one month. Even after he was discharged, he was still having physical disability and difficulty to walk. With the aforesaid allegations, he filed claim application claiming Rs. 75,000/-.3. The owner-opposite party No. 1, in the Tribunal contested the case. It was pleaded by him that the accident had taken place due to the negligence of the petitioner himself. The Insurance Company also contested the case and denied the allegations made in...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »