Orissa Court December 1999 Judgments
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Sayantana Patra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-1999
Reported in: 2000(I)OLR271
P.K. Misra, J.1. The petitioner has sought for a writ of mandamus directing the opp. parties to admit the petitioner to MBBS/BDS Course. The petitioner is the daughter of Lt. Col. H. Patra, presently serving in Indian army as a Doctor. She appeared in the Joint Entrance Examination for the year 1999-2000. Being child of a military personnel, she was shown against serial No. M-1 3. It is the case of the petitioner that as per the terms contained in the brochure (Annexure-1), particularly Sub- clause 2.3.4 of Clause 2.3, three seats in medical college and one seat in BDS in SCB Medical College had been reserved for the children of defence and para-military personnel. The petitioner clams that though she was placed at serial No. 13 among the children of defence and para-military personnel, the candidates securing 1st, 2nd, 3rd and 4th position in such reserved list relating to children of defence and paramilitary personnel, were, in fact, within the list of general category candidates bei...
Nabakishore Sethi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-1999
Reported in: 2000(I)OLR292
P.K. Misra, J.1. The petitioner has filed this writ application for quashing the order contained in Annexure-6 and for issuing a writ of mandamus to the opposite parties to approve the service of the petitioner against the untrained scale of pay.2. It is the case of the petitioner that he was appointed against the post of the Additional Section Teacher by the Managing Committee of B.D. High School, village Arandua in the district of Bhadrak which is an aided educational institution. Though the petitioner was a merely graduate and had not acquired qualification of B.Ed., it is claimed that his appointment should be approved against an untrained scale of pay in accordance with the Government principle applicable from time to time.3. The opposite parties in their counter have taken the plea that though the petitioner was appointed as a Section Teacher on 9.8.1990, his appointment was not approved by opposite party No. 3 because there is no provision for approval of untrained Section Teach...
New India Assurance Co. Ltd. Vs. Kartika Jena and ors.
Court: Orissa
Decided on: Dec-23-1999
Reported in: II(2000)ACC487; 2000ACJ1421; 89(2000)CLT608
P.K. Misra, J. 1. The insurer has filed this appeal under Section 30 of the Workmen's Compensation Act (in short, 'the Act').2. Claimant-respondent No. 1 had filed W.C. Case No. 405-J of 1994 claiming compensation on the ground that his son died in a motor accident arising out of and in course of employment as a coolie in a truck bearing registration No. ORU 9323. The accident had occurred on 18.7.1994. Thereafter, the deceased had been shifted to S.C.B. Medical College & Hospital, Cuttack, but succumbed to the injuries on 21.7.1994. The father of the deceased in his claim application claimed that he was depending upon his son.The owner of the truck while admitting about the engagement of the deceased as a coolie as well as about the accident and the consequential death, claimed that the liability, if any, should be met by the insurance company. The insurer filed written statement generally denying the allegations made in the claim application.3. The Commissioner for Workmen's Compensa...
Union of India (Uoi) Vs. Trinath Reddy
Court: Orissa
Decided on: Dec-22-1999
Reported in: 2001ACJ2125
ORDER1. The Union of India has filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the order of the Railway Claims Tribunal (hereinafter referred to as the 'Tribunal') directing payment of Rs. 2,00,000/- as compensation to the applicant.2. The present respondent as applicant filed an application under Section 13(1A) of the Railway Claims Tribunal Act on the allegation that his father fell down from the train while travelling from Puri to Chhatrapur by the D.M.U. First on 29-7-1996. The present appellant contested the case by denying the allegations made in the claim application and it was stated that no 'untoward incident' had occurred bringing the case within the scope of Section 124A of the Indian Railways Act,3. Before considering the contentions raised by the parties, it would be worthwhile to notice some of the relevant provisions of the Indian Railways Act, 1890, and the Railway Claims Tribunal Act, 1987. Initially, there was no provision cont...
Divisional Manager, S.E. Railway and anr. Vs. P. Vijayaratnam
Court: Orissa
Decided on: Dec-22-1999
Reported in: II(2000)ACC743; 2001ACJ1415; 89(2000)CLT57; (2001)IIILLJ415Ori
L. Mohapatra, J. 1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed against the order passed by the Assistant Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela in W.C.C. Case No. 53 of 1991.2. Case of the claimant before the Commissioner is that her husband P. Narayan Rao (hereinafter referred to as the 'deceased') was engaged as Commission Vendor in Rourkela Railway Station Departmental Canteen by the present appellants on monthly wages of Rs. 1000/-. On September 10, 1991 when the deceased had gone to fetch kerosene he was run over by a goods train at about 7.50 p.m. and died on the spot. He was aged 41 years at the time of his death and the present respondent raised claim of Rs. 72,548/-towards compensation.3. The appellants filed a joint written statement wherein it was admitted that the deceased was engaged as a Commission Vendor under the Rourkela Departmental Catering Unit, but he was not employed as a railway servant b...
Sri Nilam Naik Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-17-1999
Reported in: 2000(I)OLR222
ORDERP.K. Tripathy, J.1. Heard further arguments and the case is disposed of in the following manner.2. Petitioner is the complainant in I.C.C. No. 3/94 of the Court of JMFC, Khariar. O.P. No. 2 is the accused in that case. By the date of occurrence, O.P. No. 2 was the Officer-in-charge, Boden Police- station. It is alleged in the complaint petition that on 4.1.1994 when the complainant had gone to the police-station, he was misbehaved by the petitioner. When the matter was reported to the higher authorities on 6.1.1994, when the complainant was returning from the Block Office along with two companions, on the road in front of the Police-station, accused obstructed the way of the complainant, abused him in filthy language and took him to the police-station and assaulted him and thereafter wrongfully confined him in the lock-up till around 5.30 to 6 p.m.. When on his report the Superior Police Officer did not take any action against the opposite party petitioner filed the aforesaid comp...
Goutam Charan Nayak Vs. Orissa Fish Seed Development Corporation Ltd.
Court: Orissa
Decided on: Dec-16-1999
Reported in: 89(2000)CLT452; 2000(I)OLR251
P.K. Misra, J.1. The defendant has filed this revision.2. Plaintiff-opp. party had filed Money Suit No. 149/87 before the Civil Judge (Senior Division), Bhubaneswar. In the said suit, written statement had been filed by the present petitioner. Subsequently, the case was posted to 16.1.1990 for hearing. On the said date, the defendant- petitioner was absent and the case was adjourned to 7.5.1990 for ex parte hearing. Thereafter, the case was being adjourned from time to time and ultimately the case was heard ex parte on 23.8.1994 and judgment was passed on 27.8.1994 decreeing the suit ex parte. Thereafter, the present petitioner filed petition under Order 9, Rule 1 3, CPC, for setting aside the ex parte decree on the ground that due to illness from 1 5.8.1994 to 30.8.1994, the petitioner could not attend the Court on 23.8.1994. The said application of the petitioner has been rejected by the trial Court and confirmed by the lower appellate Court solely on the ground that the petitioner h...
Brundaban Chandra Mishra Vs. Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Dec-15-1999
Reported in: 2000(I)OLR174
P.C. Naik, J.1. The prayer in this writ petition is for issuance of an appropriate writ, direction or order quashing the award dated 16.12.1993 (Annexure-6) passed by the Presiding Officer, Labour Court, Bhubaneswar in I.C. Case No. 36 of 1990 upholding the departmental enquiry held against the petitioner and affirming the punishment of reduction of basic pay from Rs. 470/- per month to Rs. 358/- per month to be legal and justified.2. Admittedly, the petitioner was a driver in the employment of opposite party No. 2. On 9.7.1985 a charge-sheet was served on him containing the following charges :'(1) Negligence in duty by not performing trip under Sub-clause No. 11 of Clause 20.(2) Deliberately giving false information regarding defect of crown tail with a view to create dislocation of Corporation work under Sub-clause 33 of Clause 20.(3) Furnishing false information regarding seizure of your Driving Licence by P. 3 Nuapada under Sub-clause No. 31 of Clause 20.'The petitioner denied the ...
Sudhakar Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-15-1999
Reported in: 2000(I)OLR162
R.K. Patra, J.1. As common questions of law and facts have arisen in these writ petitions and parties being the same in all of them, they were heard together for the sake of convenience. We therefore intend to dispose of them by this common order.2. The petitioner in each of the writ petitions seeks quashing of the concerned certificate proceeding initiated against him on the file of the Certificate Officer, Dhenkanal. We may now set out the relevant facts and circumstances. Although several grounds have been taken in support of the writ petitions, Shri Mukherjee in course of argument urged a sole point. We may make it clear that we have not expressed any opinion on the points not urged by the learned counsel which are available to him to be raised in future in case of necessity.3. Shri Mukherjee submitted that the Certificate Proceedings have been initiated basing on the audit reports by which there was no determination of petitioner's liability and, as such, the certificate proceedin...
Rabinarayan Sahu Vs. R.C.M.S.
Court: Orissa
Decided on: Dec-15-1999
Reported in: 2000(I)OLR468
R.K. Dash, J.1. A short, but interesting question, arises in this case is whether the appeal preferred by the unsuccessful defendant in a money decree can be dismissed at the threshold if he fails to deposit the decretal amount in the appellate Court.2. The plaintiff, respondent herein, by filing this Misc. Case under Order 41, Rule 1(3), CPC has prayed for a direction to the defendant - appellant to deposit the decretal, amount of Rs. 16,450/- and on his failure to deposit the same, the appeal filed by him be dismissed.3. Sub-rule (3) of Rule .1 of Order 41, CPC which was brought into statute book by the C.P.C. (Amendment) Act, 1976 reads thus :'(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.'A plain reading of the aforesaid provision clearly goes to show that it is incumbent upon the ap...
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