Orissa Court November 1999 Judgments
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Krushna Alias Krushna Chandra Sahoo Vs. Bhagaban Sahoo and ors.
Court: Orissa
Decided on: Nov-12-1999
Reported in: 89(2000)CLT240; 1999(II)OLR658
P.K. Misra, J.1. These two appeals are directed against the same judgment having been filed by defendants 6 and 2 respectively in a probate proceeding against the decision of the trial Court granting probate.2. It is not necessary to extract the entire genealogy. Bhagaban Sahoo, the legatee, is the natural brother of Harekrushna, the testator, but he has been adopted by Jayakrushna, the first cousin of his natural father Balakrushna. Similarly, Indramani, the natural brother of deceased Harekrushna has been adopted by Banchhanidhi, another first cousin of Balakrushna. Defendant No. 1 is the son, defendants 3 and 4 are the daughters and defendant No. 5 is the widow of late Indramani. Defendant No. 1 having expired during pendency of the proceeding, his legal representatives were impleaded as defendants 1/a to 1/d. Defendant No. 2 was the natural born son of Indramani, but he has been adopted to another branch. Defendant No. 6, Krushna (the appellant in F.A.No. 64/96) being the grandson ...
Smt. K. Mallika, J. Vs. Executive Engineer, Potteru Irrigation Divisio ...
Court: Orissa
Decided on: Nov-12-1999
Reported in: I(2000)ACC395; 89(2000)CLT26
P.K. Misra, J.1. The claimant has filed this appeal against the decision of the Workmen's Compensation Commissioner, Jeypore (in short, the 'Commissioner') rejecting an application for compensation.2. The claimant-applicant is the widow of late K. Bhagirathan, who was working as an Assistant Store Keeper under the respondent. The deceased had gone from Balimela to Hirakud for collecting materials for the project. It appears that the deceased was admitted to V.S.S. Medical College and Hospital, Burla, on 2.2.1981 and subsequently died there on 16.2.1981. An application for compensation was filed by the widow on the ground that the death was caused due to an accident arising out of and in course of employment.3. The respondent in written statement stated that the deceased was admitted to hospital on 2.2.1981 and was operated as there was perforation of the peptic ulcer and subsequently he had died. It was claimed, inter alia, that the death was not on account of any accident arising out ...
United India Insurance Company Limited Vs. Bidesini Pradhan and anr.
Court: Orissa
Decided on: Nov-12-1999
Reported in: 2(2000)ACC248; 89(2000)CLT312
P.K. Misra, J.1. Both these appeals have been filed by the Insurance Company against a common award passed by the Fourth Motor Accident Claims Tribunal, Puri, in two separate claim cases arising out of the very same accident. M.A.C. No. 555/89 had been filed by the widow of deceased Kanhu Charan Sahoo, whereas M.A.C. No. 558/89 had been filed by the widow of deceased Chandramani Pradhan claiming compensation. It was alleged that the accident was caused due to negligent driving of the Car bearing registration number ORC 8348 on 6.5.1989, as a result of which the two deceased received injuries and subsequently died. It was alleged that the two deceased persons alongwith others were returning to Bhubaneswar in the offending vehicle. It was further alleged that the vehicle belonged to Girish Chandra Dasgupta (present respondent No. 2) and had been insured with the present appellant.2. The present respondent No. 2 in each of the appeals was the registered owner of the vehicle. He, however, ...
Nanda Kishore Mohapatra and ors. Vs. Binayak Mishra and anr.
Court: Orissa
Decided on: Nov-10-1999
Reported in: 89(2000)CLT438; 2000(I)OLR92
B.P. Das, J.1. This revision application has bee filed challenging the order dated 4.5.1999 passed by the Civil Judge (Senior Division), Puri, in T.S. No. 127 of 1999 rejecting the petitioners' prayer to send the signatures of the testator on the Will to a hand-writing expert for examination.2. As it appears from the statement of facts made by the petitioners, Binayak Mishra, O.P. No. 1 herein, instituted a proceeding Under Section 276 of the Indian Succession Act, 1925 (hereinafter called 'the Act') before the District Judge, Puri, for grant of Letters of Administration in respect of the properties covered by the Will so executed by his late father Gangadhar Mishra, on 22.8.1973. In the aforesaid proceeding, Satyanarayan Mishra, the present pro forma O.P. No. 2, was added as O.P. No. 1, and the present petitioners as O.P. Nos. 2 to 4. Said Binayak Mishra filed the aforesaid application for grant of Letters of Administration stating therein that Late Gangadhar Mishra, the father of the...
Benudhar Senapati Vs. the Zone Officer, Rengali Irrigation Project and ...
Court: Orissa
Decided on: Nov-10-1999
Reported in: 90(2000)CLT58; 2000(I)OLR289
P.K. Misra, J.1. This revision has been filed Under Section 18(3) of the Land Acquisition Act, 1894 (in short, the 'Act') read with Section 115 of the Code of Civil Procedure (in short, the 'C.P.C.') challenging the order passed by the Land Acquisition Collector refusing to make a reference Under Section 18 of the Act to the Civil Judge (Senior Division) on the ground that the application for making reference had been filed beyond forty-two days of the date of the award.2. The award was passed by the Collector on 4.6.1991 in presence of the petitioner. On 24.8.1991, notice was served on the petitioner intimating the petitioner about the award. On 4.6.1991, the petitioner received the awarded amount under protest and subsequently on 9.10.1991, he filed an application Under Section 18 of the Act to refer the matter to the Civil Court for payment of higher compensation. The said application was rejected by the Land Acquisition Collector on the ground that the application was barred by tim...
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