Orissa Court April 1999 Judgments
Oriental Insurance Co. Ltd. Vs. Sukumari Das and ors.
Court: Orissa
Decided on: Apr-29-1999
Reported in: II(2000)ACC287; 2001ACJ1347; 89(2000)CLT96
D.M. Patnaik, J. 1. Oriental Insurance Co. Ltd. being aggrieved by the award of Rs. 1,68,000 passed by the learned Commissioner for Workmen's Compensation for the death of one Sanjib Das has approached this court in appeal.2. The legal heirs of deceased Sanjib Das filed the claim case before the Commissioner claiming that deceased Sanjib Das was working as a helper under the opposite party No. 1 in his truck bearing registration No. OR-01-2492 which met with an accident on 18.2.1996 at 2.30 p.m. resulting in death of the deceased. With regard to the monthly income of the deceased, it was claimed as Rs. 1,500. In the objection to the said claim petition, opposite party No. 1, the owner of the vehicle, admitted the income of the deceased helper as claimed; whereas opposite party No. 2, the insurance company, resisted the claim on various grounds and denied that the deceased was earning Rs. 1,500 per month. The insurance of the vehicle in question was admitted.3. The Commissioner framed t...
Tag this Judgment!Madarsankar Mahekud and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-23-1999
Reported in: AIR1999Ori198
P.K. Mohanty, J. 1. The writ petitioners who are the teaching and non-teaching employees of Puruna Manatri High School, have approached this Court for a direction to the opp. parties to release the grant-in-aid in respect of the salary component with effect from 1-3-1991 instead of 1-6-1994 and for paying their arrear salary within the time stipulated by the Court, 2. The short fact of the petitioners' case is that Puruna Manatri High School at Puruna Manatri in the district of Angul was established in the year 1989 and got recognition by the prescribed authority in the year 1985-86. The School presented its first batch of students in the Annual H.S.C., Examination in the year 1987 and as such the old grant-in-aid principle was applicable to them and the school became eligible to receive the minimum grant-in-aid with effect from 1-3-1991. It is alleged that the staff position was submitted to the Inspector of Schools for approval of their appointment and necessary documents were also s...
Tag this Judgment!Masabattula Kondel Rao and ors. Vs. Smt. Keduri Achama and anr.
Court: Orissa
Decided on: Apr-23-1999
Reported in: 2000CriLJ1185
ORDERP.K. Mohanty, J. 1. The petitioners who are accused persons in S.C. No. 25 of 1996, arising out of a complaint case, challenge the order of the Additional Sessions Judge, rejecting their applications for acquittal and the other for not examining the witnesses other than those, who have been examined under Section 202, Cr. P. C.2. The brief facts of the case is that one K. Kalabati (deceased) married accused M. Koondel Rao in the year 1991, but she died on 26-4-1996 at about 4.00 to 5.00 p.m. sustaining burn inuries. The incident was reported to the local police station by M. Simachalam, petitoner No. 3 on which Parlakhemundi P. S. U. D. Case No. 3 of 1995 was started. The police submitted Final Form reporting that the deceased committed suicide. After the Final Form was submitted, the mother of the deceased, Smt. Keduri Achama (opp. party No. 1) filed I.C.C. Case No. 34 of 1995 before the learned S. D. J.M., Parlakhemundi and examined two witnesses in the case. On the basis of the...
Tag this Judgment!Laxminarayan Deepak Ranjan Das Vs. K.K. Jha and ors.
Court: Orissa
Decided on: Apr-16-1999
Reported in: 1999CriLJ4200
A. Pasayat, Actg. C.J.1. Refusal by the Central Administrative Tribunal, Cuttack Bench (in short, the 'Tribunal') to initiate a proceeding under Section 340 of the Code of Criminal Procedure, 1973 (in short, the 'Code') has led to filing of this appeal, Appellant prayed before the Tribunal to initiate a suo motu preliminary enquiry under Section 340 of the Code relating to the alleged offence of perjury committed by the respondents by filing their reply dated 27-11-1996 along with letters dated 14-8-1996, 23-8-1996 and 10-10-1996 before the Tribunal in O.A. No. 499 of 1996 which contained false statements and referred to forged and non-existent document. Grievance is that in O.A. No. 499 of 1996 pending before the Tribunal, respondents have stated in their counter that the notification dated 2-3-1965 relied upon by the applicant in that case is nonexistent and the correct circular dated 2-3-1965 has been enclosed to the counter. According to the respondents the correct circular dated 2...
Tag this Judgment!Golaphula Mahakul Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-13-1999
Reported in: 1999(I)OLR674
R.K. Patra, J.1. The case as presented in this application under Articles 226 and 227 of the Constitution of India is plain. The relief claimed by the petitioner is simple. Her unernate prayer is for issuance of an appropriate writ quashing the Government Order No. 31 167/H. Dated 26.7.1997 (Annexure-8) selecting Pramila Digal (opp. party No. 4) to open a 24-hour medical store in the campus of District Headquarters Hospital, Kandhamal. But in course of hearing the case has triggered off an issue peculiar to it.2. The case of the petitioner is that pursuant to the advertisement (Annexure-6) she applied for permission to open a 24-hour medical store (reserved for ladies) in the campus of the District Headquarters Hospital, Kandhamal. She stated in her application form that she has the experience of selling medicines as a Sales Assistant in the Medical store and can engage two pharmacists. She indicated names of two pharmacist, with their registration numbers. She had also enclosed solven...
Tag this Judgment!Sara Dei (Dead After Her) Kantha Charan SwaIn Vs. Kamadev Pradhan and ...
Court: Orissa
Decided on: Apr-09-1999
Reported in: 1999(I)OLR662
P.K. Misra, J.1. Plaintiff is the appellant. Suit was filed for declaration that the sale deeds dated 29.1.1975 in respect of 'Ka' and 'Kha' Schedule lands are fraudulent, invalid and without consideration ,a.n.d for delivery of possession.2. The plaintiff's case is as follows :The disputed properties were the joint family properties of her husband Rama Swain and elder brother Bikala Swain. After the death of Bikala, her husband remained as the 'Karta' of the family. Both the brothers had purchased certain other properties. After the death of plaintiff's husband in the year 1961, her nephew Kantha managed the property as 'Karta' of the joint family. The plaintiff did not have any children, defendant No. 3, the wife of defendant No. 1, so being treated as her god-daughter and the plaintiff had full confidence in her. Defendant No. 1 persuaded the plaintiff to adopt defendant No. 2 and promised that a house would be constructed for plaintiff after purchasing new land. Defendant No. 1 als...
Tag this Judgment!Hemalata Devi Vs. Pramod Kumar Patra and ors.
Court: Orissa
Decided on: Apr-08-1999
Reported in: 87(1999)CLT694; 1999(I)OLR614
R.K. Dash, J. 1. This appeal by the plaintiff arises out of a suit for recovery of possession and realisation of damages at the rate of Rs. (sic) per day in respect of a house situated over the property described in the schedule appended to the plaint. Pramod Kumar Patra, defendant No. 1 was the main contestant in the suit. His father Kandha Patra was defendant No. 2 and upon his death, his 5 daughters were substituted as defendants 2/a to 2/e. 2. Plaintiff's case, shortly stated, was that Kandha Patra, defendant No. 2 out of his own earning had purchased the suit property and the house standing thereon and since purchase he had been possessing the same as owner thereof.After death of his wife, he married Hema Patra, defendant No. 3. During his life time he transferred a portion of the suit house (7 cubitas x 100 cubitas) by registered sale deed D/- 21 -6-1972 in favour of defendant No. 3 and put her in possession. It was asserted that both defendants 2 and 3 sold the suit property and...
Tag this Judgment!Pitamber Nayak Vs. District Judge and anr.
Court: Orissa
Decided on: Apr-08-1999
Reported in: 1999(I)OLR591
A. Pasayat, A.C.J.1. Petitioner Pitamber Nayak's election and continuance as a member of Bhandaripokhari Panchayat Samiti within the local limits of Bhadrak revenue district was questioned by Nara Narayan Jena (opp. party No. 2) before the learned District Judge, Balasore in Election Misc. Case No. 2 of 1997 Under Section 45-B of the Orissa Panchayat Samiti Act, 1959 (in short, the 'Act'). Initially petitioner and opposite party No. 2 were elected as members of the Panchayat Samiti. Subsequently Pitamber Nayak was elected as Chairman of the said Panchayat Samiti. Nara Narayan Jena filed an election petition as aforesaid for a declaration that Pitamber Nayak was disqualified to be a member and his membership should cease on two grounds. namely (i) he was convicted in a criminal case and the conviction was in force by the time the nomination was filed: and (ii) he being a member of a Co-operative Society had failed to pay arrear accrued dues to that society continuously for more than a d...
Tag this Judgment!Manas Ranjan Das and ors. Vs. Consolidation Officer and ors.
Court: Orissa
Decided on: Apr-08-1999
Reported in: 1999(I)OLR649
R.K. Patra, J.1. Messrs Modern Fabricators and Smt. Arati Mohanty who are two of the opposite parties in these writ petitions, filed an application (vide R.C.No. KR 114 of 1995) Under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, 'the Act') before the Commissioner, Consolidation, Orissa, Bhubaneswar. By a speaking order dated 18.10.1996 the Commissioner has admitted the said revision for hearing on merits. The writ petitioners, who are arrayed as opposite parties in the said revision, have filed these three writ petitions challenging the aforesaid order. According to the petitioners, the Commissioner erred in exercise of his jurisdiction in admitting the revision and he ought to have rejected it at the threshold.2. In order to appreciate the contention of the counsel for parties, it is necessary to refer to the previous litigation between the parties which came to be decided in the common judgment of this Court in M/s...
Tag this Judgment!Nanak Chand Khandelwalla Vs. Ramkishan Khandelwalla and ors.
Court: Orissa
Decided on: Apr-07-1999
Reported in: 1999(II)OLR19
P.K. Tripathy, J.1. This Civil Revision has been filed by the appellant in Title Appeal No. 17 of 1996 as against the order dated 22.2.1997 passed by the District Judge, Mayurbhanj. That appeal having been filed 3 years 9 days after the final decree, learned District Judge by the impugned order rejected the application filed Under Section 5 read with Section 14 of the Limitation Act. Hence this revision.2. Opp. party No. 1 filed a suit for partition vide Title Suit No. 8/75 of 1982/80 which was decreed ex parte as against the present petitioner. He preferred appeal and ultimately Title Appeal No. 375/83, was disposed of by a Division Bench of this Court on 17.7.1990 confirming that ex parte decree. Thereafter, application for final decree was filed on 7.12.1992, order was passed and on 8.2.1993 the final decree was drawn, signed and sealed. Relevant portions of the decree is quoted as hereunder :'The suit coming on 7th day of December, 1992 for final disposal before Sri B. N. Mishra, L...
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