Orissa Court August 1998 Judgments
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National Insurance Co. Ltd. Vs. Ashalata Rout and ors.
Court: Orissa
Decided on: Aug-20-1998
Reported in: 2000ACJ1506; 1998(II)OLR444
A. Pasayat, J.1. These two appeals under the Letters Patent are directed against the judgment of a learned Single Judge of this Court and involve an interesting question - 'Who is a passenger ?' for the purpose of Motor Vehicles Act, 1939 (in short, the 'old Act').2. A brief reference to factual aspects would suffice.On 6.8.1987 at Kandarpur Level Crossing a bus bearing registration No. OSC 595 collided against a train. The bus driver tried to pass through the level crossing, broke open the level crossing iron bar, but in the process stopped on the railway track while a goods train was approaching. The train dashed against the bus. There was no time for the passengers/occupants to come out of the bus. The bus was dragged upto some distance and fell into a read side ditch. Many passengers received personal bodily injuries and some of them succumbed. One Maheswar Rout (hereinafter referred to as 'the deceased') lost his life in the accident. His legal representatives-respondents 1 to 6 i...
Dhani Alias Dhaneswar Naik Vs. the State
Court: Orissa
Decided on: Aug-20-1998
Reported in: 1999CriLJ2712
A. Pasayat, J.1. Relationship of Buli Dei (P.W.1) with Dhani alias Dhaneswar Naik (hereinafter referred to as the 'accused'), and Lalu alias Susant Kumar Behera (hereinafter referred to as the 'deceased') at different points of the is stated to be the background of murder which took place on 23-7-1992. The accused was found guilty for commission of offence punishable under Section 302, Indian Penal Code, 1860 (in short, 'IPC'), and was convicted and sentenced to imprisonment for life by learned Sessions Judge, Cuttack.2. The background facts sans unnecessary details are as follows : Buli was living with the deceased having fallen in love with him. Earlier she had lived with the accused. Though Buli was living with the deceased, the accused continued to visit her. On 22-7-1992 in the night, i.e., one day prior to the date of occurrence, there was quarrel between Buli and the deceased. She told other people of the locality that while she was living with the accused, there was no ill-trea...
Ganga Alias Gangadhar Behera Vs. State
Court: Orissa
Decided on: Aug-20-1998
Reported in: 1999CriLJ488
A. Pasayat, J.1. In this appeal from Jail Gangadhar Behera (hereinafter referred to as the 'accused') has questioned legality of his conviction for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and the sentence of imprisonment for life as awarded by the learned Second Additional Sessions Judge, Berhampur. Three other persons stood trial with him under Section 302/109, IPC, but learned trial Judge acquitted them.2. Law was set into motion by Manoj Kumar Sahu (P.W. 1) (hereinafter referred to as the 'informant') to the effect that the accused was involved in gambling activities in his house. Other accused persons and Saroj Kumar Sahu (P. W. 4) were parties to the gambling. Dayanidhi Sahu (hereinafter referred to as the 'deceased'), who was father of P.W. 4, objected to such activities. He blamed the accused for spoiling the people of the locality. Because of this, the accused bore grudge against him. Other accused persons thought that...
National Insurance Co. Ltd. Vs. Asha Lata Rout and ors.
Court: Orissa
Decided on: Aug-20-1998
Reported in: II(2001)ACC646
A. Pasayat, J.1. These two appeals under the Letters Patent are directed against the judgment of a learned Single Judge of this Court and involve an interesting question-'Who is a passenger?'-For the purpose of Motor Vehicles Act, 1939 (in short, the 'old Act').2. A brief reference to factual aspects would suffice.On 6.8.1987 at Kandarpur Level Crossing, a bus bearing registration No. OSC 595 collided against a train. The bus driver tried to pass through the level crossing, broke open the level crossing iron bar, but in the process stopped on the railway track while a goods train was approaching. The train dashed against the bus. There was no time for the passengers/occupants to come out of the bus. The bus was dragged up to some distance and fell into a roadside ditch. Many passengers received personal bodily injuries and some of them succumbed. One Maheswar Rout (hereinafter referred to as 'the deceased') lost his life in the accident. His legal representatives respondent Nos. 1 to 6...
Surendranath Das Vs. Biswajit Panda and ors.
Court: Orissa
Decided on: Aug-19-1998
Reported in: 1998(II)OLR380
P.K. Misra, J.1. Defendant No. 1 in a pending suit has filed this revision against the order of the trial Court as confirmed by the lower appellate Court passing an order of injunction restraining defendant No. 1 from alienating the disputed property.2. Title Suit No. 446 of 1995 has been filed in the Court of the Civil Judge (Senior Division), Bhubaneswar, for a declaration that the decree passed in Title Suit No. 46 of 1973-1 is not valid and binding on the plaintiffs and for permanent injunction. During the pendency of the suit, the plaintiffs filed an application under Order 39, Rules 1 and 2, Code of Civil Procedure, seeking to restrain the defendants from interfering with the possession of the plaintiffs over and from alienating the disputed property. The trial Court while rejecting the application for injunction relating to interference with the alleged possession of the plaintiffs on the specific finding that defendant No. 1 was in possession, passed an order restraining defend...
Suka Bewa Vs. Grid Corporation of Orissa and ors.
Court: Orissa
Decided on: Aug-18-1998
Reported in: AIR1999Ori170
R.K. Patra, J.1. In this application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of an appropriate writ directing the opposite parties to pay her compensation on the allegation that her husband died of electrocution because of negligent and ill-maintenance of electricity line.2. The case of the petitioner is that her husband Kalpataru Rout on the fateful day (19th June, 1994) at about 7.00 a.m. was working in his corn field. He noticed that electric wires had fallen down in his field which he wanted to remove. While doing so because of contact with the wire he got shock and died instantaneously at the spot. At that time, there was disconnection of supply of electricity to the nearby lift irrigation point and thinking that the electric wire was not live one, he tried to remove the same. But as a matter of fact, the electric wire was alive one and because of the negligence and ill-maintenance, the electric wire somehow got automatically...
Chuni Dei and anr. Vs. Kalandi Charan Nayak and anr.
Court: Orissa
Decided on: Aug-18-1998
Reported in: 1998(II)OLR382
P.K. Misra, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed at the instance of the claimant-appellants.2. The claimants are the daughters of one Lambu Bewa, who died in a motor vehicle accident. It is alleged that the accident was caused due to the negligent driving of the driver of the Mini bus bearing registration No. ADJ 6224. The claimants field claim application claiming Rs. 50,000/- as compensation.The owner of the vehicle did not appear in spite of service of notice. The Insurance Company however appeared and filed written statement challenging the allegations made in the claim petition. Though initially, some dispute/was raised by the Insurance Company relating to Insurance Policy, in course of trial the said point was given up.3. The Tribunal found that the accident occurred due to the negligent driving of the driver of the bus. It further found that the claimants were not entitled to any compensation as they were the married daughters and not...
Sri Budhinath Padhi Vs. Second Additional District Judge and ors.
Court: Orissa
Decided on: Aug-18-1998
Reported in: 1998(II)OLR394
R.K. Patra, J.1. Being felt aggrieved by the order of the learned trial Judge (confirmed in revision by the learned Additional District Judge) rejecting the prayer for amendment of the plaint, the plaintiff has filed this writ application under Articles 226 and 227 of the Constitution of India for quashing of the same.2. The petitioner (hereinafter referred to as 'the plaintiff) has filed T.S. No. 9 of 1995 in the Court of Civil Judge (Junior Division), Berhampur for permanent injunction restraining the opposite parties 3 to 6 (hereinafter referred to as, defendant No. 1, defendant No. 2 and defendant No. 3 respectively) from interfering with his exclusive possession over the land measuring Ac. 0.061 decimals of Hal Plot No. 703 appertaining to khata No. 208 of mouza Luchapada (hereinafter referred to as 'the suit land') His case is that Mahalaxmi, mother of defendants 2 and 3 agreed to sell the suit land to him. Before execution of sale-deed, she expired on 20.3.1992. She had, however...
Pradeep Kumar Karji Vs. Collector and ors.
Court: Orissa
Decided on: Aug-12-1998
Reported in: 1998(II)OLR348
R.K. Patra, J.1. The petitioner who is the Sarpaneh of Tembaguda Gram Panchayat under Padampur Panchayat Samiti in this petition under Articles 226 and 227 of the Constitution of India seeks quashing of the order of suspension passed by the Collector, Rayagada communicated in letter No. 2003/97 dated 31.7.1997 at Annexure-3.2. The case of the petitioner is that he came to be elected as Sarpaneh of Tembaguda Gram Panchayat in January 1997. He is actively involved in social activities and has been discharging his duties and exercising power vested in him with due diligence. As he belongs to the opposite camp of the ruling party in the State, he has incurred wrath of local leaders and at their instance the Collector illegally placed him under suspension without any justifiable cause or reason.3. The Collector who is opposite party No. 1 in the case has filed counter affidavit which was affirmed by the District Panchayat Officer, Rayagada. His case is that the Civil Supplies and Enforcemen...
Jashelal Agrawal @ JaIn Vs. Puspabati Agrawala
Court: Orissa
Decided on: Aug-12-1998
Reported in: I(2000)DMC592
P.K. Tripathy, J.1. This revision application is directed against the judgment dated 26.3.1996 in Criminal Misc. Case No. 41 of 1980 of the Court of Judicial Magistrate 1st Class, Kantabanji.2. Opposite party was the legally married wife of the petitioner. Their marriage was solemnised on 17.5.1970. On 28.8.1980, opposite party filed a petition under Section 125 of the Criminal Procedure Code, 1973 (in short, 'the Code') claiming for maintenance on the ground of ill-treatment, cruelty and desertion and that she had no means to sustain her life whereas the petitioner is an earning person and capable of providing maintenance. On 4.1.1992 opposite party's claim for maintenance was allowed. Petitioner approached this Court in Criminal Misc. Case No. 2291 of 1992 under Section 482 of the Code via the Court of Addl. Sessions Judge, Titilagarh in Criminal Revision No. 6/9 of 1992. After filing of the petition under Section 125 and before the J.M.F.C., Kantabanji could pass the order for maint...
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