Orissa Court September 1998 Judgments
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Deenabandhu Sahu Vs. Bimal Kumar Ghosh and anr.
Court: Orissa
Decided on: Sep-15-1998
Reported in: 1998(II)OLR477
P.K. Misra, J.1. This appeal has been filed by the claimant claiming higher compensation.2. An accident took place on 22.10.1991 on National Highway No. 5 near Keshpur (Ganjam) due to rash and negligent driving of the vehicle bearing number NGA 6307, as a result of which the claimant who was going on a cycle sustained injuries. He was first removed to the Upgraded Primary Health Centre, Khalikote, and thereafter referred to M.K.C.G. Medical College and Hospital for further treatment. The claimant filed claim application claiming Rs. 50,000/- as compensation. The owner remained exparte. The Insurance Company filed written statement challenging the allegations in the claim application. On consideration of the materials on record, the Tribunal found that the accident took place due to rash and negligent driving of the driver of the Truck and awarded a sum of Rs. 2,000/- only an compensation. The said Award of the Tribunal is under challenge by the claimant claiming higher compensation. No...
Pravakar Behera Vs. the State of Orissa and anr.
Court: Orissa
Decided on: Sep-11-1998
Reported in: 88(1999)CLT239; 1999CriLJ3108; 1999(I)OLR533
C.R. Pal, J.1. This petition filed by the petitioner Under Section 482, Cr.P.C. challenging the order of the learned Sessions Judge, Puri passed in Criminal Revision No. 42 of 1997 on 3.6.1997 is taken up for a final disposal at the time of admission with the consent of the parties.2. On behalf of the petitioner it is submitted that the petitioner entered into an agreement Annexure-1 with the opposite party No. 2 on 25.10.1996 to hire the tractor bearing registration No. OSX 9288 and the trolly bearing registration No. OSX 9289 with the ploughing accessories belonging to the opposite party No. 2 on a monthly hiring charge of Rs. 8,000/-. It was also agreed that the present petitioner would pay Rs. 25,000/- as advance which would be adjusted towards the hiring charges in case of default of the petitioner in paying the monthly charges for three months. The agreement was for a period of eleven months. According to the agreement, the possession of the tractor, the trolley and its ploughing...
Mohammed AmIn Vs. Orissa Forest Development Corporation and ors.
Court: Orissa
Decided on: Sep-10-1998
Reported in: 1998(II)OLR592
D.M. Patnaik, J.1. Petitioner challenges his supersession to the promotional post of Junior Administrative Officer and prays for a direction from this Court for his promotion to the post of Head-Asst./Section Officer with retrospective effect from 12.8.1980 and for retaining his seniority all through.2. Petitioner's case is, he entered the service under the Orissa Forest Development Corporation (in short the 'Corporation') in the year 1967. In due course he was promoted to the post of Senior Grade Assistant and placed at serial 2 in the cadre whereas opposite party Nos. 2 to 6 were placed below him. On the recommendation of the Departmental Promotion Committee, opposite party Nos. 2 to 6 were promoted to the post of Section Officer/Head Assistant with effect from 12.8.1980, but the Committee did not recommend the promotion of the petitioner on the ground that his C.C.Rs. for the years 1977 to 1979 bore adverse entries. He was however promoted on 27.6.1981 i.e. 11 months after his super...
Smt. Sabi Bewa Vs. Grid Corporation of Orissa Limited and ors.
Court: Orissa
Decided on: Sep-10-1998
Reported in: 1998(II)OLR588
D.M. Patnaik, J.1. Aggrieved by the action of the Executive Engineer, G.N.E. Division, Berhampur (opposite party No. 3) refusing the appointment of Prasanna Kumar Mohanty son of the petitioner on compassionate ground under the Rehabilitation Scheme, the petitioner has approached this Court for appropriate relief.2. The petitioner's case is, her son Meghananda Mohanty while working as helper under the Executive Engineer, G.N.E. Division, Berhampur met premature death on 15.6.1983. The petitioner's son Basanta Kumar Mohanty applied for a job against the Class-IV post under the Rehabilitation Scheme. Since this matter was delayed, the petitioner filed' O.J.C. No. 3534 of 1987 which was disposed of on 21.6.1988 directing the authorities to dispose of the representation of the petitioner within three months. Since the petitioner was given out that there was a ban order for appointment to Class-IV posts, her other son Prasanna Kumar Mohanty applied afresh for such appointment against a Class...
Balaram Bhoi Vs. Sanju Bhoi
Court: Orissa
Decided on: Sep-10-1998
Reported in: I(2000)DMC493
ORDERP.R. Tripathy, J.1. Heard at length.2. This criminal revision is disposed of at the stage of hearing on admission on consent and active participation in the hearing by both the parties and upon perusal of the L.C.R.3. Opposite party filed C.P. No. 688 of 1995 under Section 125, Cr. P.C. which is still sub judice in the Court of Judge, Family Court, Cuttack. Application for interim maintenance filed by the opposite party was allowed by the Family Court vide impugned order dated 10.4.1998 awarding interim monthly maintenance @ Rs. 350/- with effect from December, 1995 in favour of the opposite party as well as the child, who was born in December, 1995. It appears from the L.C.R. that an inquiry was conducted in which oral and documentary evidence was tendered.In short, the case of the opposite party is that she is the legally married wife of the petitioner and she has been deserted after being ill-treated. The petitioner has contested the case alleging opposite party's adulterous co...
Balaram Bhoi Vs. Smt. Sanju Bhoi
Court: Orissa
Decided on: Sep-10-1998
Reported in: 1999CriLJ1699
ORDERP.R. Tripathy, J.1. Heard at length.2. This criminal revision is disposed of at the stage of hearing on admission on consent and active participation in the hearing by both the parties and upon perusal of the L.C.R.3. Opposite party filed C.P. No. 688 of 1995 under Section 125, Cr. P.C. which is still sub judice in the Court of Judge, Family Court, Cuttack. Application for interim maintenance filed by the opp. party was allowed by the Family Court vide impugned order dated 10-4-1998 awarding interim monthly maintenance @ Rs. 350/- with effect from December, 1995 in favour of the opposite party as well as the child, who was born in December, 1995. It appears from the L.C.R. that an inquiry was conducted in which oral and documentary evidence was tendered.3. In short, the case of the opposite party is that she is the legally married wife of the petitioner and she has been deserted after being illtreated. The petitioner has contested the case alleging opposite party's adulterous cond...
Krushna Chandra Nayak Vs. Biswajit Sahoo and ors.
Court: Orissa
Decided on: Sep-09-1998
Reported in: AIR1999Ori115
ORDERR.K. Dash, J.1. Krushna Chandra Nayak, the present petitioner, filed a petition under Order 1, Rule 10, CPC to be impleaded as a party to Title Suit No. 310 of 1988-I stating, inter alia, that he has obtained a decree for specific performance of contract in Title Suit No. 102 of 1981 against defendants 2 to 4 and father of defendant No. 1 in respect of certain properties which are involved in the present suit. This was, however, opposed to by plaintiffs. Upon hearing and relying upon a decision of this Court reported in AIR 1986 Orissa 74, Sujan Charan Lenka v. Pramila Kumari Mohanty, the learned Civil Judge (Senior Division), First Court, Cuttack, rejected the prayer. Hence the present revision.2. Heard the learned counsel for petitioner and opposite party No. 5. None appears for other opposite parties.3. It appears from the impugned order that no sale deed having been executed pursuant to the decree for specific performance of contract passed in Title Suit No. 102 of 1981, the l...
Braja Kishore SwaIn Vs. Dambaru Dhar SwaIn and ors.
Court: Orissa
Decided on: Sep-09-1998
Reported in: 1998(II)OLR399
D.M. Patnaik, J.1. This appeal is against the reversing judgment of the lower appellate Court. The trial Court dismissed the plaintiff's suit for declaration of right, title and interest claimed on the basis of adverse possession. The lower appellate Court reversed this finding holding that the plaintiff successfully proved title by adverse possession.The only substantial question of law formulated for consideration by this Court is whether the lower appellate Court committed gross error in accepting the case of adverse possession claimed by the plaintiff on the basis of the admission of the defendants in the previous sessions trial.2. The plaintiff and the defendants are admittedly co-sharers in respect of plot Nos. 1337 and 1341. It is the admitted case of the parties that disputed plot No. 1338 belongs to Mayadhar Dhal whose sons are defendants 4 to 6 and they are in no way related to the family of the plaintiff and the other defendants. It is also the admitted case of the parties t...
Smt. Rebati Dei Vs. Kunja Bihari Mohapatra and ors.
Court: Orissa
Decided on: Sep-08-1998
Reported in: 1998(II)OLR543
D.M. Patnaik, J.1. Plaintiff's suit for declaration of title, confirmation of possession and/or in the alternative for recovery of possession and injunction in respect of disputed plot No. 1759 measuring Ac. 0.70 decimals and plot No. 1758 measuring Ac. 0.13 decimals appertaining to Touzi No. 2900 of mouja Kantaballavpur in the district of Jagatsinghpur having been dismissed, she is in appeal.Her case is, one Bhagaban Mohapatra, an ex-intermediary was the original owner of the land. By virtue of the provisions under the Orissa Estates Abolition Act, 1951 (for short, the 'OEA Act') the land in dispute having been vested with the State Government, subsequently said Bhagaban Mohapatra on an application under Sections 6 and 7 of the said Act got the land settled in his name by order of the O.E.A. Collector dated 3.9.1959. On 22.3.1966 while said Bhagaban was possessing the land in his own right, title and interest, he transferred the same to one Mayadhar Mohapatra by way of registered sale...
Nila Dei and anr. Vs. Bidyadhar Sahani and ors.
Court: Orissa
Decided on: Sep-07-1998
Reported in: AIR1999Ori69
D.M. Patnaik, J.1. This is an appeal against the judgment of the learned Sub-Judge, Bhubaneswar in a suit for partition.Case of the plaintiff is, Bairagi Sahani died on 8-2-1976 leaving behind plaintiffs 1 and 2 and defendants 2 to 4. The property in question consist of movable and immovables. After death of Bairagi all the sisters arc entitled to their respective shares in the property of Bairagi. But defendant no. 1, husband of defendant no. 2 (sister of the plaintiff) put forth a claim in respect of the entire properties by virtue of a deed of gift purported to have been executed by Bairagi. It is plaintiffs case that Bairagi at the time of execution of gift deed was extremely old and both physically and mentally ailing. Therefore, execution of such a deed under suspicious circumstances did not convey any title in respect of the properties of Bairagi.Defendants 1 and 2 contested the case on the ground that though Bairagi was a rheumatic patient he never lost his mental alertness and...
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