Orissa Court July 1998 Judgments
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Dr. Tophan Pati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-27-1998
Reported in: 1998(II)OLR502
Susanta Chatterji, J.1. Dr. Tophan Pati, the writ petitioner in the present case challenges the order dated 2.1.1998 of the State Administrative Tribunal dismissing his application as to validity of the selection made by the Orissa Public Service Commission, opposite party No. 3 herein, for filling up vacancies in the posts of Junior Teachers, Psychiatry in the Medical Colleges of the State.2. It is stated in greater details in the writ petition that for appointment of teaching staff in different Medical Colleges of the State, the Orissa Public Service Commission, opposite party No. 3, resorted to absolute illegalities and travelled beyond the Medical Teachers Recruitment Rules, 1979 by taking into consideration marks of the candidates obtained in studies unconnected with Medical studies and putting them at par with marks obtained in Medical studies.3. It is placed on record that the petitioner having passed M.B.B.S. in 1979 from S.C.B. Medical College, Cuttack completed M.D. in Psychi...
New India Assurance Co. Ltd. Vs. Debajani Sahu and ors.
Court: Orissa
Decided on: Jul-27-1998
Reported in: 2000ACJ1512
P.K. Misra, J. 1. This is an appeal by the insurance company under Section 173 of the Motor Vehicles Act, 1988, challenging the award of the Second Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 1285 of 1995, awarding a sum of Rs. 8,00,000 as compensation along with interest at the rate of 9 per cent per annum from the date of application, i.e., 22.12.95, till payment. The Tribunal gave directions regarding keeping Rs. 7,00,000 in fixed deposit out of the awarded amount.2. The claimants are the widow and two minor children of deceased Purna Chandra Sahu. It is stated in the claim application that deceased Purna Chandra Sahu who was an employee under the National Aluminium Company (NALCO) was going on a scooter on Cuttack-Sambalpur National Highway. At that time, a bus bearing registration No. OR-04-0045 belonging to the owner (the respondent No. 4) came from behind in high speed and dashed against the scooter as a result of which the deceased fell down on the road and the ...
Khira Meher and ors. Vs. Prakash Sharma and anr.
Court: Orissa
Decided on: Jul-27-1998
Reported in: 2000ACJ293; 86(1998)CLT462
P.K. Misra, J.1. In this appeal under Section 173 of the Motor Vehicles Act, the claimants claim higher compensation. Claimant-appellant No. 1 is the widow of late Adi Meher, claimant-appellant Nos. 2 and 3 are their minor children and the claimant-appellant No. 4 is the mother of the deceased. It was claimed that the deceased died on 21.6.1993 on account of the fatal accident caused by the bus bearing No. ORS 8574 belonging to the present respondent No. 1. The deceased was aged 30 years at the time of death. It was claimed that he was earning between Rs. 2,500 and Rs. 3,000 per month from his tanning business. Claim application was filed claiming a compensation of Rs. 2,50,000.2. Respondent No. 1 in his written statement while admitting about the accident, challenged the allegations relating to age, occupation and income of the deceased. He also claimed that since the vehicle was insured, the liability, if any, should be met by the insurance company.The insurance company (present resp...
Mrs. Prativa Mishra Vs. Director of Secondary Education and ors.
Court: Orissa
Decided on: Jul-25-1998
Reported in: 86(1998)CLT413; 1998(II)OLR309
D.M. Patnaik, J.1. The petitioner assails the decision of the Managing Committee of the Christ Collegiate School, Cuttack refusing to give her appointment against one of the teaching posts in the school, as communicated through the letter dated 13.11.1997 of the Inspector of Schools, Cuttack Circle, Cuttack under Annexure-4.2. Copies of the writ petition on the opposite parties 1 and 2, i.e. Director, Secondary Education and Inspector of Schools, Cuttack-I Circle, Cuttack though served on 22.12.1997, they have not filed any counter. Notice under Order 5, Rule 19-A, Civil Procedure Code by registered post to opposite party No. 3, Headmaster of the School having been treated as sufficient and since there has been no appearance on behalf of opposite party No. 3, we proceeded to hear the petition and dispose of the matter at the admission stage.3. Grievance of the petitioner is that pursuant to an interview held on 15.1.1991 for selection to the post of Assistant Teacher in the Christ Coll...
Baikuntha Nath Mishra Vs. the State of Orissa
Court: Orissa
Decided on: Jul-25-1998
Reported in: 1998(II)OLR514
P.K. Mohanty, J.1. This is a Revision against the appellate order of the Second Additional Sessions Judge, Puri in confirming the order of conviction and sentence passed by the trial Court holding the accused-petitioner guilty of an offence under Sections 467, 471 and 409 IPC.2. The prosecution case in short, is that during the period 1984-85 the accused-petitioner was working as a conductor with the Orissa State Road Transport Corporation, Puri Unit. In course of his duty he was issued with Ticket Books to be used in issuing tickets to the passengers and on return from the route he was to prepare the way bill showing receipt of the amount from the passengers. The way bills were prepared on the basis of the amount reflected in the counter-foils of the Ticket Books prepared in carbon process. The way bills prepared by the accused-petitioner are to be produced before the Way Bill Checker and thereafter the auditors to have a preliminary audit and then the petitioner was to deposit the to...
Satyanarayan Das Vs. State of Orissa
Court: Orissa
Decided on: Jul-25-1998
Reported in: 1999CriLJ974
P.K. Mohanty, J.1. This is an appeal against the order of conviction in an offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act'), Sentencing to undergo rigorous imprisonment for 10 years.2. The prosecution case, in brief, is that on 25-5-91 on receiving reliable information that one Pravat Kumar Das was in illegal possession of brown sugar in his house, the petrolling party headed by P.W. 3, the Sub-Inspector of Excise attached to E.I. and E.R. Unit- I, Cuttack proceeded to his house in village Damana and on search of his house brown sugar was recovered, the same was seized, people was taken, then the accused was arrested and his statement was recorded. Pravat Kumar Das made a statement that accused Priyabrata Mishra used to supply brown sugar to him and the accused led P.W. 3 and others to B.D. A. Colony, Bhubaneswar and identified the house of accused of Priyabrata, His house was searched, but no contraband ar...
Arvind Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-24-1998
Reported in: 1998(II)OLR305
Pradipta Ray, J.1. The writ petitioner has filed this application under Article 226 of the Constitution of India, inter alia, for directing opp. parties 1 and 2 to treat his exclusive privilege and licence granted in respect of Koraput No. 1 Foreign Liquor Off shop as surrendered, to quash the demand raised by opp. party No. 4 under Annexure-8 and to direct opp, parties 1 and 2 to refund advance consideration money with interest for the months of November and December, 1994.2. Foreign Liquor Koraput No. I and III 'Off shops were offered in a lot for licence for the year 1993-94. Manish Sahu, opp. party No. 3, took licence of the said two shops in a lot on a consideration of Rs. 24,000/- for shop No. I and Rs. 6,000/- for shop No. III. It was obvious that the consideration money for shop No. Ill was fixed at a much lower rate, because in the same area shop No. I was being operated on a consideration of Rs. 24,000/-. Though opp. party No. 3 took licence for both the Off shops Nos. I and ...
National Insurance Co. Ltd. Vs. Natabar Behera and anr.
Court: Orissa
Decided on: Jul-23-1998
Reported in: 1999ACJ1218; 86(1998)CLT471; (1999)IILLJ1431Ori
P.K. Misra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act at the instance of the Insurance Company. The claimant-respondent No. 1 filed an application claiming compensation of Rs. 60,000/- on the ground that he had sustained injuries in an accident arising out of and in course of his employment under the present respondent No. 2. It was claimed that he was the Helper in Truck bearing number WGB 5841 belonging to respondent No. 2 and on August 24, 1989 while the truck was parked on the left-side of the road due to some mechanical trouble, another truck came from behind and dashed against the truck as a result of which the Driver succumbed to the injuries, but the present claimant- respondent who was the Helper sustained injuries including fracture of right leg below the knee and fracture of left hand below the elbow. He was treated in the hospital for quite some time.The owner in his written statement while admitting about the accident stated that the compens...
Narmada Biswal Vs. Gajendra Nath Biswal and anr.
Court: Orissa
Decided on: Jul-23-1998
Reported in: 86(1998)CLT474; 1998(II)OLR266
P.K. Misra, J.1. This appeal has been filed by the plaintiff challenging the order of the trial Court rejecting her application for appointment of a receiver in respect of the disputed property. The suit was filed for recovery of possession. It has been alleged that she is the owner of the disputed land on which a residential building had been constructed by her father for her occupation. It is further alleged that the present respondents who are the brothers of the husband of the appellant were allowed to stay in the house as the relationship between them was cordial. It was further alleged that in the year 1974, respondent No. 1 had given a proposal to the husband of the appellant to start hotel business. Since the husband of the appellant was a Government servant, he created a partnership firm in the names of the appellant, respondent No. 1 and one Tusharkanti Biswal (son of the elder brother of the appellant's husband) in order to run the hotel business in the name and style of 'Ro...
Smt. Savitri Behera Vs. State of Orissa and 5 ors.
Court: Orissa
Decided on: Jul-23-1998
Reported in: 86(1998)CLT570; 1998CriLJ4716
S.N. Phukan, C.J.1. The petitioner is a lady belonging to the scheduled caste community. She was residing with her husband, three sons and two daughters. She comes from a poor family. Her eldest son Umakanta Behera was the only earning member of her family. He started hotel business near Kacheri compound, Boudh, in the year 1968. He prospered and in 1974 his earning was about Rs. 150/- per bay. All the members of the family were dependent on him. It has been alleged that police falsely implicated him and other two, persons in two criminal cases, one under Sections 457/380/34, I.P.C. and the other under Section 379/34, I.P.C. The cases were registered in the Court of the Sub-Divisional Judicial Magistrate, Boudh, being G.R. Case Nos. 190/70 and 67/71. Umakanta was released on bail by the S.D.J.M., Boudh on 26-4-1974 in both the cases. But, he was again taken to jail custody on 5-6-1974 as an under trial prisoner in G.R. Case No. 190/70. It has been alleged that he was harassed and tortu...
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