Orissa Court October 1999 Judgments
State Through Inspector of P.F. Office of R.P.F. Commissioner Vs. Rame ...
Court: Orissa
Decided on: Oct-29-1999
Reported in: [2000(85)FLR411]; (2000)ILLJ1231Ori
P.K. Patra, J.1. This is an appeal against the judgment of acquittal dated September 22, 1984 passed by the S.D.J.M. Sadar, Cuttack in 2(c) C.C. No. 367 of 1983 acquitting the accused persons of the charges under Sections 14(1A) and 14A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952) (hereinafter referred to as 'the Act').2. Respondent No. 1 Rameswarlal Maliram Binamata Guraku Factory is an industry manufacturing Guraku since 1960. Respondent No. 2 Maliram. Agarwalla and respondent No. 3 Nanda Kishore Agarwalla are the two partners in charge of the business of the industry. According to the appellant, the Inspector of Provident Fund in the office of the Regional Provident Fund Commissioner, Orissa, Bhubaneswar, respondent No. 1 was a covered establishment under the Act having employed more than twenty employees and was registered under the Act vide G.S.R. No. 895 dated June 1, 1966 on the basis of the written information (Ext. 2) furnished by t...
Tag this Judgment!Shree Shree Mangala Thakurani Bije Through Its Marfatdars Sri Chaitany ...
Court: Orissa
Decided on: Oct-29-1999
Reported in: 89(2000)CLT340; 1999(II)OLR646
P.K. Misra, J.1. Plaintiffs have filed this Second Appeal against confirming decisions of the Courts below.2. The case of the plaintiffs is as follows : The disputed property relates to plot No. 341 in Khata No. 115 as indicated in the final Record-of-Rights published in the year 1981 under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (in short, the 'Consolidation Act'). Plot No. 801 in Khata No. 113 with an area of Ac. 0.06 decimals was recorded in the name of the plaintiff-Deity Mangala Thakurani in the Record-of-Rights published in the year 1976. The Bijesthali of the Deity is located in the said plot. The house of defendant No. 1 stands on the adjacent plot No. 802. During the consolidation proceeding, defendant No. 1 encroached upon Ac. 0.02 decimals of and from the northern portion of plot No. 801 and started constructing a house thereon. Subsequently, in the Consolidation Record-of-Rights plot No. 801 was divided into two sub-plots. Plot No. 8...
Tag this Judgment!Gurubari Bewa (Deleted) Netramani Khuntia and anr. Vs. Jagadis Parida ...
Court: Orissa
Decided on: Oct-29-1999
Reported in: 89(2000)CLT86; 1999(II)OLR650
P.K. Misra, J.1. Plaintiffs have filed this appeal against a reversing judgment. The suit was filed for setting aside the deed of gift dated 20.4.1977 and sale deed dated 23.11.1977 executed in favour of defendant No. 1 by Dhadi Swain and for confirmation of possession, or recovery of possession, and permanent injunction and other ancillary reliefs. Plaintiff No. 1 is the brother of late Dhadi Swain and plaintiff No. 2 is son of plaintiff No. 1. It is alleged that a deed of gift was obtained from late Dhadi Swain by defendant No. 1 fraudulently and by exercise of undue influence in respect of 'A' Schedule property on 20.4.1977 and a sale deed was similarly obtained in respect of 'B' Schedule property on 23.11.1977. It is not disputed that Dhadi Swain died issueless. The suit was filed after death of Dhadi Swain in the year 1978.2. Defendant No. 1 is the son of defendant No. 2. In their joint written statement it was claimed that the deed of gift was executed in favour of defendant No. ...
Tag this Judgment!Regional Director, E.S.i.C. Vs. Indian Paints and Chemicals Pvt. Ltd. ...
Court: Orissa
Decided on: Oct-28-1999
Reported in: [2000(85)FLR275]; (2000)ILLJ770Ori; 1999(II)OLR635
P.K. Misra, J.1. The Regional Director, Employees' State Insurance Corporation, has filed this appeal under Section 82(2) of the Employees' Stale Insurance Act (in short, the 'E.S.I Act'), against the decision of the District Judge-cum-E.S.I. Court, Cuttack in E.S.I. Misc. Case No. 2/92. The aforesaid case had been initiated on the basis of the application of present respondent No. 1 under Section 75(1)(c) of the E.S.I. Act. One of the questions raised was as to whether payments made to the workers for doing work overtime can be considered to be 'wages' as per the definition contained in Section 2(22) of the E.S.I. Act. Issue No. 5 related to the aforesaid question. Relying upon the decision of the Orissa High Court reported in Regional Director, E.S.I., Corporation v. P. B. Gupta (1994-II-LLJ-19) it was held that the allowance paid towards overtime work cannot be considered to be 'wages'. On the basis of aforesaid finding, it was directed that the Corporation cannot recover a sum of R...
Tag this Judgment!State of Orissa Vs. Hata SwaIn and anr.
Court: Orissa
Decided on: Oct-28-1999
Reported in: 1999(II)OLR665
P.K. Misra, J.1. The facts giving rise to the filing of the present Civil Revision are as follows :Plaintiff-opposite parties had filed. O.S. No. 203/89-1 in the Court of Munsif, Bhubaneswar (presently known as Civil Judge (Junior Division) for declaration of title and for correction of Record-of-Rights in respect of the disputed property. The suit having been decreed in favour of the plaintiffs, the defendant (present petitioner) filed Title Appeal No. 17/92 along with a petition for condonation of delay. The Additional District Judge held that no sufficient cause had been shown for condoning the delay in filing the appeal and accordingly, the appeal was dismissed. The aforesaid order was challenged in the High Court in Civil Revision No. 272/93 and the High Court by order dated 12.7.1995 rejected the revision. Thereafter, the matter was carried to the Supreme Court in Special Leave Petition No. 7912/96 and the Supreme Court passed an order allowing the Special Leave Petition by order...
Tag this Judgment!Ananda Chandra Pradhan Vs. Smt. Kshyamamayee Pradhan
Court: Orissa
Decided on: Oct-28-1999
Reported in: 90(2000)CLT122; 1999(II)OLR642
P.K. Misra, J.1. Defendant in a pending suit has filed this revision under following circumstances :Plaintiff-opposite party has filed Title Suit No. 270/95 for dissolution of partnership, rendition of accounts, permanent injunction, eviction and other ancillary reliefs. In course of trial of the suit, a document has been admitted into evidence on the side of the defendant as Ext. A. At the time of admitting the aforesaid document as Ext. A, no objection had been raised by the plaintiff regarding its admissibility on the ground that the document had been insufficiently stamped. Subsequently, after evidence was closed on both sides, the trial Court posted the suit to 17.7.1999 for hearing of arguments from both sides. At that stage, the plaintiff filed an application for impounding the document marked Ext. A on the ground that it had been insufficiently stamped and for a direction regarding realisation of proper fees from the defendant. Objection was filed immediately. The trial Court p...
Tag this Judgment!Smt. Binodini Majhi Vs. Ram Das Majhi
Court: Orissa
Decided on: Oct-28-1999
Reported in: 89(2000)CLT523; 1999(II)OLR655
P.K. Misra, J.1. The wife has filed this Civil Revision against the order of the trial Court rejecting her application for interim maintenance. She had filed O.S. No. 137/97 claiming maintenance at the rate of Rs. 4,000/- per month along with arrear maintenance. It was alleged by the petitioner in the plaint that the parties are members of tribal community and the marriage between the petitioner and the opposite party was solmnised as per Hindu rites and customs on 17.7.1991. During pendency of the suit, an application purporting to be one Under Section 24 of the Hindu Marriage Act was filed claiming maintenance pendente lite.The opposite party in written statement challenged the maintainability of the suit on the ground that the parties being members of Scheduled Tribe, the suit Under Section 18 of the Hindu Adoptions and Maintenance Act was not maintainable. The opposite party also challenged the maintainability of the application Under Section 24 of the Hindu Marriage Act on the ver...
Tag this Judgment!National Insurance Company Ltd. Vs. Bari Mali and anr. and Sambaru Mal ...
Court: Orissa
Decided on: Oct-28-1999
Reported in: 2000(I)OLR67
P.K. Misra, J.1. These two appeals by the Insurance Company are directed against a common award passed by the Claims Tribunal. Misc. Appeal No. 485/96 is directed against the award relating to claim of Bari Malik and Misc. Appeal No. 486/96 relates to claim of Sambaru Malik. Both the claim applications had been filed for injuries sustained by the claimants in an accident involving the truck bearing registration number ORG-41 15 belonging to respondent No. 2. Both the claimants had claimed that they were travelling in the truck as Coolies and had sustained injuries in an accident involving the truck.2. The owner of the vehicle (present respondent No. 2 in each of the appeals) did not contest. The Insurance Company contested the claim applications by generally denying the allegations made in the claim applications. It was also pleaded that the injured persons being passengers in the truck, the liability, if any, was to be met by the owner and not by the Insurance Company.3. The Tribunal ...
Tag this Judgment!Land Acquisition Officer Vs. Hanu Mallik
Court: Orissa
Decided on: Oct-15-1999
Reported in: 89(2000)CLT39; 1999(II)OLR628
B.P. Das, J.1. This civil revision has been filed at the behest of the Land Acquisition Officer, Ganjam, challenging the order dated 17.10.1998 passed by the Civil Judge (Senior Division), Aska, in Execution Petition No. 3 of 1989 arising out of M.J.C.No. 75 of 1987 mainly on the ground that (a) the interest so awarded by the trial Court while calculating the compensation to be paid by the State is not in accordance with law; (b) the order has been passed without following the procedure; and (c) interest Under Section 28 of the Land Acquisition Act of 1894 (in short 'the Act') is not payable on additional market value and solatium.2. At this stage, it is profitable to state the background of the case which led to this revision application.The State Government acquired Ac. 3.512 of land belonging to the opposite party for the purpose of excavation of Raghunath Sagar Minor Irrigation Project. The Land Acquisition Officer, after considering the relevant factors, fixed the market value of ...
Tag this Judgment!Achutananda Mishra and ors. Vs. Pramila Mishra and ors.
Court: Orissa
Decided on: Oct-15-1999
Reported in: 1999(II)OLR633
P.K. Misra, J.1. The plaintiff have filed this revision. They have filed O.S. No. 22/98 which is now pending in the Court of the Additional Civil Judge (Junior Division), Basudevpur, for partition with claim Under Section 4 of the Partition Act against defendant No. 1 and for permanent injunction against defendants 2 and 3. It is claimed that though there is no partition in respect of the disputed land, defendants 2 and 3 have purchased a part of the disputed land from defendant No 1. During pendency of the suit, an application under Order 39, Rules 1 and 2, Code of Civil Procedure, was filed against defendants 2 and 3 seeking to restrain them from making any construction on portion of the disputed land purchased by them. Defendants 2 and 3 in their objection stated that they had already started their construction on the portion of land purchased by them and there was no justification for granting any injunction. The trial Court after hearing both the sides found that though there was ...
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