Orissa Court November 1999 Judgments
Smt. Rajani Routray Vs. Smt. Kamal Kumari Dei and anr.
Court: Orissa
Decided on: Nov-29-1999
Reported in: 2000(I)OLR147
P.K. Misra, J.1. Plaintiff is the appellant against a confirming decision. Plaintiff filed the suit for injunction restraining the defendants from dispossessing the plaintiff from the disputed land. The disputed land is recorded as plot No. 195 in 1962 Settlement with an area of Ac 0.115 decimals. It corresponds to a portion of plot No. 221 of 1929-30 Settlement. It is claimed by the plaintiff that the disputed plot originally belonged to Lava Dei who sold the same to plaintiff's husband by a registered sale deed dated 4.4.1959 and delivered possession thereof. At the time of the sale, the disputed plot has been recorded as plot No. 221 of in Sabik Khata No. 57 of Current Settlement Record- of-Rights (i.e. 1929-30). The disputed plot was recorded in the name of the husband of the plaintiff in the year 1962. After death of plaintiff's husband in the year 1972, the plaintiff and her two daughters became the owners of the property and subsequently the two daughters relinquished their clai...
Tag this Judgment!Smt. Kamal Kumari Dei Alias Das Vs. Smt. Rajani Routray
Court: Orissa
Decided on: Nov-29-1999
Reported in: 2000(I)OLR106
P.K. Misra, J.1. The facts giving rise to the present Miscellaneous (Second) Appeal under Order 21, Rule 103, Code of Civil Procedure (in short, the 'C.P.C.') are as follows :The present respondent as plaintiff filed O.S. No. 1 16 of 1982 in the Court of the Munsif, Bhubaneswar, against the present appellant and her husband for permanent injunction in respect of plot No. 195 of the Settlement Record-of-Rights of the year 1962 with an area of Ac.0.115 decimals. The said plot corresponds to a portion of plot No. 221 of 1929- 1930 Settlement. In the said suit, written statement was filed by the two defendants denying the right, title and interest of the plaintiff. During pendency of the said suit, the present respondent filed H.R.C. Case No. 24/83 for eviction of tenant allegedly occupying the disputed house said to be standing on plot No. 195. An ex parte order of eviction was passed in the said House Rent Control proceeding. The present respondent levied Execution Case No. 5/84 and purp...
Tag this Judgment!Mangu Pangi and anr. Vs. Rama Chandra Padhi and ors.
Court: Orissa
Decided on: Nov-26-1999
Reported in: 2001ACJ1515; 89(2000)CLT49; 2000(I)OLR53
ORDERP.K. Misra, J.1. This application relating to exemption from payment of court-fee has been heard along with several other matters of similar nature. The' question relates to exemption of court-fee, as per the Notification issued by the State Government on 7th June, 1994, published in the Orissa Gazette, Extraordinary, No. 670 dated 10th June, 1994. The relevant portion of the Notification is extracted hereunder :'LAW DEPARTMENTNOTIFICATIONThe 7th June, 1994S. R. O. No. 575/1994 In exercise of the powers conferred by Section 35 of the Court -fees Act, 1870 (VII of 1 870), the State Government do hereby remit in the whole of the State of Orissa all fees mentioned in Schedule I and II to the said Act payable for filing or instituting cases or proceedings in any Court in Orissa by the following categories of persons, namely :(i) member of Scheduled Castes;(ii) member of Scheduled Tribes;(iii) women;(iv) minors;(v) physclly handicapped persons;(vi) persons whose annual income does not ...
Tag this Judgment!Sri Ashok Kumar and ors. Vs. State of Orissa
Court: Orissa
Decided on: Nov-26-1999
Reported in: 89(2000)CLT516; 2000CriLJ1975; 2000(I)OLR182
P.K. Mohanty, J.1. This is an application Under Section 438, Cr.P.C. for grant of anticipatory bail.2. It is contended by Shri S. C. Lal, learned counsel for the petitioner that at the instance of the accused in G.R. Case No. 19 of 1999, a case Under Sections 457, 427, 294, 379, 506/34, IPC has been instituted bearing Barbil P.S. Case No. 24 of 1999 which corresponds to G.R. Case No. 24 of 1999. Smt. Sangeeta is the widowed daughter of petitioner No. 1, who was married to one Ajoy, son of Bhagwan Das in the year 1995. Said Ajoy was a heart-patient, but such fact was concealed by his parents and for which Sangeeta was given in marriage to Ajoy who died on 20.12.1998. It is further submitted that Sangeeta was subjected to ill-treatment and mental torture by the in-laws, which became intense after death of her husband. In the circumstances, petitioner No. 1 decided to bring back Sangeeta and her child to Nawada, the place of living of the petitioners. Accordingly, it was proposed to Bhagw...
Tag this Judgment!Bimbadhar Sahu and anr. Vs. Susama Sahu and anr.
Court: Orissa
Decided on: Nov-26-1999
Reported in: 89(2000)CLT180; 2000(I)OLR79
ORDERP.K. Tripathy, J.1. Heard.2. Cognizance order passed by learned SDJM, Berhampur in I.C.C.No. 52 of 1998 vide order dated 7.12.1998 and the order of rejection of the petition Under Section 204, Cr.P.C. filed by the present petitioners vide order dated 6.4.1999 in the said case are impugned Under Section 482, Cr.P.C. on the ground of illegality.3. As it appears from the impugned orders opp. party No. 1 who is the complainant in I.C.C. No. 52 of 1998, filed the complaint case alleging that the present petitioners took her from the custody of her grand-mother during her minorhood and sols her to one Damburu alias Damabuda Sahu who claims to be her husband and the latter utilised her for prostitution. After registration of the complaint petition learned SDJM ventured into an inquiry Under Section 202, Cr.P.C. and on its completion perused the record and found a prima facie case Under Sections 372/34, IPC against the petitioners and Under Section 373, IPC read with Section 5 of Immoral ...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd. Vs. Pradhani Patra and ...
Court: Orissa
Decided on: Nov-25-1999
Reported in: (2000)IIILLJ1458Ori; 2000(I)OLR61
B.P. Das, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act filed by the Insurer, challenging the award passed by the Commissioner for Workmen's Compensation, Ganjam in W.C. Case No. 150 of 1992.2. The brief facts leading to the filing of the present appeal are that one Pradhani Patra filed an application before the Commissioner claiming compensation for his injury, which he sustained in course of his employment. It is stated in the claim petition that he was working as a loading coolie in the tractor belonging to one Sankar Nahak of Kodala, which was validly insured under the appellant.3. On March 26, 1992, the claimant met with an accident while he was on duty and suffered multiple fractures on the left thigh. He claimed an amount of Rs, 1,00,000/- (one Lakh) as compensation. During the course of hearing as many as seven documents were filed in support of his claim before the Workmen's Compensation Commissioner.4. Learned Commissioner after taking into conside...
Tag this Judgment!Satyananda Pani Vs. State of Orissa
Court: Orissa
Decided on: Nov-25-1999
Reported in: 2000(I)OLR181
P.K. Misra, J.1. The petitioner has filed this application Under Section 407, Code of Criminal Procedure, for transfer of a criminal case. The petitioner has been charge-sheeted Under Section 13(2) read with Section 13(1)(d)/7 of the Prevention of Corruption Act, 1988. The matter was pending before the Special Judge, Vigilance, Bhubaneswar, being numbered as Trial No. 45/95. Subsequently, a Court of Special Judge, Vigilance, was established at Berhampur by Government Notification dated 6.12.1997 and on the basis of instruction issued from the office of the High Court, the case was directed to be transmitted to the Court of the Special Judge, Vigilance, Berhampur.2. The learned counsel appearing for the petitioner has submitted that it would be convenient for the accused as well as the prosecutor if the case is tried before the Special Judge, Vigilance, Bhubaneswar. Prima facie, such submission appears to be correct. However, there is still a stronger ground to direct that the case shou...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Md. Alisi, Represented by Court Gu ...
Court: Orissa
Decided on: Nov-25-1999
Reported in: 2000(I)OLR114
P.K. Misra, J.1. The Insurance Company has filed this appeal challenging the award of the Claims Tribunal.2. Claimant-respondent No. 1 is a minor. Misc. (A) Case No. 263/88 was filed on his behalf claiming compensation on account of bodily injury sustained by the minor in an accident caused by a Dumper bearing number ORU-3491 belonging to respondent No. 2.3. The owner contested the claim case denying that allegations relating to accident and injuries sustained by the claimant. It was also claimed that compensation amount, if any, should be paid by the Insurance Company as the Dumper had been insured with the Insurance Company.The Insurer also filed written statement generally denying the allegations made in the claim application and calling upon the claimant to prove all the allegations.4. The Claims Tribunal found that the accident occurred due to negligent driving of the driver of the Dumper. It was found that injuries were sustained by the claimant on account of the accident, The Tr...
Tag this Judgment!National Insurance Company Ltd. Vs. Gayatri Nanda and ors.
Court: Orissa
Decided on: Nov-22-1999
Reported in: 2001ACJ1407; 89(2000)CLT163; (2000)IIILLJ1462Ori; 2000(I)OLR81
P.K. Misra, J.1. The Insurer has filed this appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the 'Act'). 2. The deceased was working as a driver in a Bus bearing registration No. OAU 2561 and died in an accident arising out of and in course of employment. Claim application was filed by respondentNo. 1 as daughter and respondent No. 2 as brother of the deceased. The owner did not file any written statement. The Insurer filed written statement challenging the averments made in the claim application and called upon the claimants to prove their entitlement by producing (he succession certificate. 3. During the enquiry before the Workmen's Compensation Commissioner (hereinafter referred to as the Commissioner) evidence was adduced on behalf of the claimants to show that claimant No. 1 was the natural daughter of the claimant No. 2 and was adopted by the deceased. 4. The Commissioner found that the deceased was a workman and had died in an accident arisin...
Tag this Judgment!Smt. Miraprava Samantaray Vs. Pramod Kumar Samantaray Alias Samal and ...
Court: Orissa
Decided on: Nov-22-1999
Reported in: 2000(I)OLR16
P.K. Misra, J.1. Plaintiff has filed this appeal against a confirming decision. The suit was filed for declaration of the exclusive right of the plaintiff over the disputed properties and for declaration that the licence issued in favour of defendant No. 1 is fraudulent and for confirmation of possession. The disputed properties, as described in 'A' Schedule are certain machinery. The case of the plaintiff is as follows :Defendant No. 4 is the father-in-law of the plaintiff and defendants 1 to 3 are her brothers-in-law being the younger brothers of her husband. From her own fund and by incurring loan from the United Commercial Bank, the machinery in question had been purchased by the plaintiff and had been installed for the purpose of running a huller and mill. Since the plaintiff's husband and other defendants were remaining in joint family and there was good relationship among themselves and defendant No. 1 was sitting idle after graduation without any employment the plaintiff had ha...
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