Orissa Court February 1999 Judgments
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Divisional Manager, Oriental Insurance Co. Ltd. Vs. Sudersan Giri and ...
Court: Orissa
Decided on: Feb-15-1999
Reported in: (2001)IIILLJ1078Ori
P.K. Mishra, J.1. The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the 'Act'), challenging the award dated May 15, 1998 passed by the Asst. Labour Commissioner-cum-Commissioner for Workmen's Compensation (hereinafter referred to as the 'Commissioner'), Bhubaneswar, in W.C. case No. 131/96. 2. The claimant-respondent No. 1 was the helper under respondent No. 2 in the truck bearing registration No. OAC-5064. While the truck was being driven for the purpose of the owner, it met with an accident on November 16, 1996, as a result of which the claimant sustained injury including fracture. Claim application was filed before the Commissioner stating that the injury was sustained in an accident arising out of and in course of employment. The owner-respondent No. 2 while admitting about the accident and the employment, took the plea that the liability, if any, should be of the Insurance Company. The Insurance Company denie...
Smt. Minakshi Patra Vs. Secretary, Irrigation and Power, Govt. of Oris ...
Court: Orissa
Decided on: Feb-09-1999
Reported in: 2001ACJ2137; AIR1999Ori137
P.K. Misra, J.1. Plaintiff is the appellant. Shi had filed the suit claiming damages of Rs. 50,000/- on the allegation that her son expired due to electric shock as he came in contact with a live wire hanging from the pole. It was claimedthat the accident took place due to negligence of the defendants.2. The Chairman, Orissa State Electricity Board, and the Executive Engineer, Electrical Division, Rairangpur, who had been arrayed as defendants 2 and 3 filed one written statement denying the allegations relating to negligence on the part of the defendants. It was also pleaded that the suit was barred by limitation and not maintainable as notice under Section 80, Code of Civil Procedure, had not been issued. The State of Orissa and Collector, Mayurbhanj, who had been impleaded as defendants 1 and 4 did not file any written statement.3. The trial Court found that there was negligence on the part of the defendants. However, the suit was dismissed on the ground of limitation as well as on t...
Joginath Gochhi and anr. Vs. Sudhakar Pati and ors.
Court: Orissa
Decided on: Feb-09-1999
Reported in: AIR1999Ori182
ORDERP.K. Mishra, J.1. The present opposite party Nos. 1 and 2 filed application under Section 372 of the Indian Succession Act for grant of Succession Certificate after the death of deceased Nabaghana Khatun. The opposite parties 1 & 2 claim that, being the son of the predeceased sister of the deceased Nabaghana, they are the legal heirs and entitled to withdraw the Bank deposits indicated in their petition. Objection was filed by the present petitioners. It was claimed by them that the present petitioner No. 1 was the adopted son of Nabaghana. The matter was disposed of by the Civil Judge (Senior Division) by refusing to issue Succession Certificate and by directing the parties to file appropriate suit for establishing their right, if any. The present opposite parties 1 & 2 filed Misc. Appeal No. 143 of 1994, which has been allowed by the Addl. District Judge, Cuttack, who has directed that the Succession Certificate should be granted in favour of the present opposite parties 1 and 2...
Rama Chandra Nayak Vs. Smt. Sabitri Mani Mohanty and ors.
Court: Orissa
Decided on: Feb-09-1999
Reported in: 1999(I)OLR456
P.K. Misra, J.1. The present appeal has been filed under Order 43, Rule l(t) of the Code of Civil Procedure (in short, the 'C.P.C.') challenging the order of the District Judge, Balasore, refusing to re-admit the appeal which had been dismissed for default.2. The present appellant had filed S.J. Appeal No. 40 of 1992 in the Court of the District Judge, Balasore, against the judgment and decree passed by the Additional Subordinate Judge, Balasore, in O.S.No. 78 of 1986 (174/79), which is a suit for partition. In the said appeal, notices issued against respondents 10, 11, 20, 52, 62 and 67 therein (the present respondents) were returned unserved and the appeal was posted to 20.1.1998 for taking fresh steps against those respondents.Though an application praying for time to take steps had been filed, the said petition was rejected and ultimately the appeal was dismissed as against those respondents. An application under Order 41, Rule 19, C.P.C. was filed by the present appellant. The,sai...
Lachhaman Mallick and ors. Vs. Nisakar Mallick and ors.
Court: Orissa
Decided on: Feb-08-1999
Reported in: 88(1999)CLT318; 1999(I)OLR467
P.K. Mohanty, J.1. The petitioners, .who are second party members in a proceeding Under Section 144, Cr.P.C, have challenged the preliminary order dated 8.12.1998 passed by the Executive Magistrate, Kujang restraining them and the first party members from entering upon the disputed land and directing them to appear on the date fixed.2. The short fact of the case of the parties was that the opposite parties as first party members filed a petition before the learned Executive Magistrate, Kujang for initiation of a proceeding Under Section 144, Cr.P.C. pleading inter alia that the scheduled lanids stood recorded in the name of one Dharamu Mallick as a tenant under the Deity Sri Binod Kumari Thakurani during 1930 settlement. After the death of Dharamu, because of the dissention between the parties with regard to possession of the scheduled land, a settlement was made by the gentlemen of the village on 11.11.1960. The first party members being share-holders and successors of Dharamu Mallick...
Rabinarayan Prusty and Three ors. Vs. Pharmacy Council of India and or ...
Court: Orissa
Decided on: Feb-04-1999
Reported in: AIR1999Ori184
D.P. Patnaik, J.1. The petitioners, in this writ petition, prays for a direction to the opposite parties I and 2 to issue admit cards for appearing in the first year examination of the 'D' Pharma course.2. The petitioners' case is, they took admission for the year 1992-93 session in the opposite party No. 3 College and also attended classes. Internal examination marks were also awarded to them. In normal course they ought to have been allowed to appear in the examination as per the prescribed Education Regulation, 1981. It is their case that though altogether 40 students took admission to the course, opposite party No. 2, the Orissa State Board of Pharmacy issued admit cards to 30 students denying the same to the rest ten students including the petitioners numbering four. 3. Opposite party No. 2, the Orissa State Board of Pharmacy filed a counter-affidavit stating in para 6 of the same that the petitioners were not eligible to appear in the examination since they were not regular stude...
Sri Shambhulal Yadav Vs. Sri V.R.P. Ahuja
Court: Orissa
Decided on: Feb-04-1999
Reported in: 87(1999)CLT533; 1999(I)OLR448
D.M. Patnaik, J.1. The petitioner is aggrieved by the order dated 25.4.1996 of the Collector, Jharsuguda rejecting his prayer for issuance of a domicile certificate. Heard the learned counsel for the petitioner and learned counsel for the State. Perused the impugned order and the counter-affidavit of the State.2. The petitioner having been born in Dipupada in Jharsuguda claims to be a permanent resident of Orissa. He also claims his education upto Class-IX in the Railway High School, Jharsuguda. He claims that though his ancestral place is Dadhihar in Khadagpur in the district of Munger (Bihar) yet since his father was serving in the Railway Station at Jharsuguda, he has been living there since his birth.Though the Tahasildar after enquiry gave a favourable report stating that in fact he is residing in that area in Jharsuguda, the Collector by the impugned order rejected the request holding that on testing his ability to write and speak Oriya, the performance of the petitioner was foun...
Prakash Kumar Debata Vs. Executive Engineer (Gridco) and ors.
Court: Orissa
Decided on: Feb-03-1999
Reported in: 87(1999)CLT573; (1999)IIILLJ1429Ori
D.M. Patnaik, J.1. The petitioner is aggrieved by the refusal of the Grid Corporation authorities (for short, 'the Gridco') giving him the appointment under the Rehabilitation Assistance Scheme against the post held by his father late Narayana Debata who, while in service died of an accident on May 18, 1996. He was serving as a 'Helper' under Opp. Party No. 1, Executive Engineer, Jagatsinghpur Electrical Division. The refusal is on the ground that though earlier there was such scheme under the erstwhile Orissa State Electricity Board ('OSEB', for short), yet the same is no more available because of the repeal of the Orissa State Electricity Board Service (Rehabilitation Assistance) Regulation 1992, by notification of the said Board dated March 27, 1996. However, the authorities have a scheme to grant compensation of one lakh rupees in lieu of such appointment.2. Mr. J. C. Mohanty, learned counsel for the petitioner, strenuously urged that notwithstanding the repeal of the Regulation th...
Dibakar Jena Vs. Prafulla Kumar Mohapatra and anr.
Court: Orissa
Decided on: Feb-02-1999
Reported in: 88(1999)CLT165; 1999(II)OLR25
Susanta Chatterji, Actg. C.J.1. The present writ petition at the instance of Dibakar Jena challenges the order of the learned District Judge-cum-Election Appellate Tribunal, Puri passed in Election Misc. Appeal No. 120 of 1997 confirming the judgment dated 16.12.1997 made by the Civil Judge, Junior Division, Nimapara, in Election Misc. Case No. 10 of 1997. The election of the petitioner as Sarpanch has been held void.2. It is contended by the petitioner that he was duly elected as Sarpanch of Kurujanga Gram Panchayat of Kakatpur in the district of Puri in Gramapanchayat Election held on 21.1.1997 polliing 2380 votes.3. Opp. party No. 1 contested the petitioner in the said election and he was defeated by a margin of 6 votes. Opp. party No. 1 filed Election dispute being registered as Election Misc. Case No. 10 of 1997 before the Civil Judge (Junior Division)-cum-Election Tribunal, Nimapara challenging the election of the petitioner.4. The following issues were framed by the Election Tri...
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