Orissa Court May 1999 Judgments
Orissa State Financial Corporation Vs. Sk. Rasul Baksh
Court: Orissa
Decided on: May-14-1999
Reported in: 88(1999)CLT751; [2001]103CompCas53(Orissa)
Pradipta Ray, J.1. The Orissa State Financial Corporation (hereinafter referred to as 'the Corporation') advanced a loan to the respondent, Sk. Rasul Baksh, proprietor of Janata Coal Industry. The respondent executed a deed of hypothecation and also a deed of personal guarantee. As the loan was not repaid, the Corporation in exercise of the powers under Section 29 of the State Financial Corporations Act sold the hypothecated properties. After adjustment of sale price of the hypothecated goods, there were still considerable outstanding dues against Sk. Rasul Baksh. To realise the outstanding amount the Corporation filed an application under Section 31 of the State Financial Corporations Act (hereinafter referred to as 'the Act') before the District Judge, Cuttack, which was registered as Misc. Case No. 131 of 1991. By judgment and order dated September 6, 1996, the District Judge dismissed the said application on the ground that remedy under Section 31(1)(aa) of the Act is not available...
Tag this Judgment!Orient Paper Mills and anr. Vs. Civil Judge (Senior Division) and anr.
Court: Orissa
Decided on: May-14-1999
Reported in: 1999(II)OLR99
R.K. Patra, J.1. This is an application under Articles 226 and 227 of the Constitution of India praying for a direction to the learned Civil Judge (Senior Division), Bhubaneswar to dispose of the petitioners' application dated 17.1.1998 to summon B.N.Mishra, the then Chairman of Arbitration Tribunal, Orissa, for being examined in Misc. Case No. 99 of 1997 (arising out of O.S.No. 74 of 1997). The petitioners have also made an alternative prayer that this Court may consider the aforesaid prayer on merit.2. Petitioner No. 1 - Orient Paper Mills filed O.S.No. 321 of 1998-1 Under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') in the Court of Subordinate Judge, Bhubaneswar (now designated as Civil Judge (Senior Division) praying to direct the State of Orissa (opp. party No. 2) to file the original agreement and to refer the dispute between the parties to the Arbitration Tribunal for adjudication. The learned Subordinate Judge by the judgment and order dated 9....
Tag this Judgment!Sri Satyabrata Majhi Vs. State of Orissa
Court: Orissa
Decided on: May-14-1999
Reported in: 2000(I)OLR230
C.R. Pal, J.1. The petitioner has come up with this petition Under Section 482, Cr.P.C. to quash the proceeding of 2(b) C.C. No. 1 of 1999 of the Court of JMFC (Paradeep), Kujanga and the order (Annexure-5) passed in the said proceeding on 11.2.1999 refusing to release the trawler of the petitioner seized in the aforesaid case for an offence Under Section 51 of the Wild Life (Protection) Act, 1972.2. The petitioner is the owner of the trawler named as 'Mahapurusa' bearing registration No. OCM (T) 207 with Ashok Leyland Engine No. A.L. 11799. He has also been granted with the licence by the A.D.F., Marine, Kujanga under the Orissa Marine Fishing Regulation Act, 1982 for operating the trawler as a fishing vessel. According to the petitioner, while his trawler was engaged in fishing beyond the prohibited area as notified in Schedules-A and B of the notification dated 27.9.1997 (Annexure-1) issued by the State Government in Forest and Environment Department, the Forest Range Officer, Kujan...
Tag this Judgment!Nimai Charan Mohanty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-1999
Reported in: 89(2000)CLT625; 1999(II)OLR64
Pradipta Ray, J.1. As similar questions are involved in all these writ petitions, these were heard analogously and are being disposed of by this common judgment.2. The writ petitioners of these cases initially served as teachers in various Primary Schools which were being managed and administered by the District Boards or Local Boards under the control of the District Boards. The District Boards and the Local Boards were abolished and from 1961 all the Primary Schools run by those bodies were placed under the management of the Zilla Parishad, From 1967 those schools were placed under the management of the Panchayat Samities. From September 5, 1989 all those Primary Schools were taken over by the State Government and the serving teachers became direct Government employees.3. There is, however, some dispute about the exact status and nature of the Primary Schools in which the writ petitioners started serving. While the petitioners claim that those Primary Schools were fully aided by the ...
Tag this Judgment!Bishnu Kumar Shah Vs. C.J.M.-cum-house Rent Control Authority, Balasor ...
Court: Orissa
Decided on: May-12-1999
Reported in: AIR2000Ori24
P.K. Mohanty, J.1. The landlord is the petitioner who challenges the order ofthe House Rent Control Authorities rejecting his prayer for eviction of opp. parties 3 to 10 on the ground of wilful and habitual default in payment of rent and on the ground of bona fide requirement of the landlord.2. The short fact of the petitioner's case is that he filed an application unclear Sections 7(2)(1) and 7 (4) of the Orissa House Rent Control Act (hereinafter called as 'the O.M.R.C. Act') for eviction of opp. parties 3 to 10 from the suit premises on the ground of wilful and habitual default in payment of monthly rent and on the ground of his bona fide requirement. The properties described in Schedule 'A' of' the application, originally belonged to one Gouri Dutta Rameswar Lal a Hindu undivided family and Rameswar Lal Saha, the grandfather of the petitioner who was the Karta of the family till his death in the year 1965. After the death of Rameswar Lal Saha, Gokula Charidra Saha, the father of th...
Tag this Judgment!Smt. Sandhya Gupta and anr. Vs. Saibal Prasad Gupta
Court: Orissa
Decided on: May-12-1999
Reported in: 88(1999)CLT594; II(1999)DMC756; 1999(II)OLR110
P.K. Mohanty, J.1. This is an appeal under Section 19 of the Family Courts Act against the order of the learned Judge, Family Court, Rourkela passing a decree for dissolution of the marriage between the appellant No. 1 and the Respondent.2. Sri K.C. Lenka, learned counsel for the appellants assails the order for dissolution of the marriage inter alia on the ground of maintainability of the petition under Section 13 of the Hindu Marriage Act and on the ground that there was no sufficient material before the learned Judge, Family Court to hold that the appellant-wife was guilty of cruelty towards the husband and that the marriage has become irretrievable. It is his submission that the admitted case of the parties that they being in love, their marriage was registered under the Special Marriage Act at the first instance whereunder it was solemnised at Calcutta in accordance with the Hindu customs and rites, a petition under the Special Marriage Act could only be filed for dissolution of t...
Tag this Judgment!Paulus Oram Vs. State of Orissa
Court: Orissa
Decided on: May-12-1999
Reported in: 88(1999)CLT14; 2000CriLJ1228
R.K. Dash, J.1. Paulus Oram (hereinafter referred to as 'the accused') on the accusation of having committed gruesome murder of seven persons, including three children, has been held guilty by the Additional Sessions Judge, Rourkela, under Section 302, Indian Penal Code and sentenced to capital punishment. Challenging the order of conviction and sentence he has preferred appeal from jail. The learned trial Judge after awarding the capital punishment has made the aforesaid reference under Section 366, Criminal Procedure Code, 1973. Both Criminal Appeal and Death Reference were heard together and are disposed of by this common judgment.2. The prosecution case culled out during trial may briefly be stated thus :Johani (mother of the accused), Magi alias Margaret and Berha were three daughters and Phulamani was the widow of one Staines. Magi's husband was Joseph. Phulamani, Paduni and Harman were the daughters and son respectively of Nagi. After death of Staines there was dispute among the...
Tag this Judgment!State of Orissa Vs. Sri Khetra Mohan Patnaik
Court: Orissa
Decided on: May-11-1999
Reported in: 1999(I)OLR683
P.K. Tripathy, J.1. This appeal has been preferred by the State of Orissa challenging the judgment and orders in Land Acquisition Misc. Case No. 421/94 of the Court of Civil Judge (Senior Division), Bhubaneswar dated 28.9.1996. In the impugned order, learned Court below awarded compensation @ Rupees two lakhs per acre for the lands of the respondent acquired by the Government.2. Undisputed fact in the case is that vide Notification dated 8.3.1982 published in the Orissa Gazette, under Sec. 4(1) of the Land Acquisition Act, 1894 (in short 'the Act') and subsequent Notifications under different provisions of the said Act, the State Government/ appellants acquired Ac. 0.198 decimals of land of the respondent situated in Mauza Nayapalli vide Khata No. 62 and Plot No. 137. The said land was acquired for development of New-Capital and expansion of Bidyut Marg No. 1. The State Government assessed the rate of compensation at the rate of rupees one lakh per acre along with other admissible bene...
Tag this Judgment!Dulal Chandra Barik and anr. Vs. General Manager, Hotel Oberoi
Court: Orissa
Decided on: May-07-1999
Reported in: 88(1999)CLT686; 1999(II)OLR117
Pradipta Ray, J.1. The petitioner No. 1 was employed as a driver in Hotel Oberoi, Bhubaneswar. Petitioner No. 2 is a Trade Union of the employees of Hotel Oberoi registered under the Trade Union Act. Petitioner No. 1 is a member of the petitioner No. 2-Union.2. The petitioner No. 1 was placed under suspension by an order dated May 10, 1997 passed by the opp. party. On the same day i.e. May 10, 1997 the opp. party issued a charge-sheet alleging misconducts as enumerated under the Certified Standing Orders applicable to Hotel Oberoi, Bhubaneswar. On May 26, 1997 the petitioner No. 1 submitted his reply to the charge-sheet stating inter alia, that the certified Standing Orders of the Hotel were still not operative and as such the charge-sheet on the basis of the Certified Standing Orders was unauthorised, illegal and non- existent in the eye of law. The opp. party, however, reiterated that the Certified Standing Orders had already become applicable and that the charge-sheet was legal and ...
Tag this Judgment!Union of India (Uoi) Through General Manager, South Eastern Railway Vs ...
Court: Orissa
Decided on: May-07-1999
Reported in: II(1999)ACC339; 2001ACJ238
D.M. Patnaik, J.1. This appeal by the Railways against the judgment and award dated 15.4.1991 of the learned Sub-Judge, Kuchinda decreeing the plaintiffs' suit for compensation arising out of a railway accident.2. One Jyotirmayee Sahu, while travelling from Kesinga to Bamra in the 90 Down Bokaro-Madras met with an accident because of sudden movement of the train without any signal. The same amounted to utter negligence of the driver and railway staff of the train. The claimants, that is the father, mother, brothers and sisters claimed compensation of Rs. 2,00,000 for her death.3. Railways remained ex parte on 2.4.1991 when the suit was fixed for hearing and on that date judgment was passed decreeing plaintiffs' suit for Rs. 2,00,000 and cost.Railways filed petition under Order IX, Rule 13, Civil Procedure Code to set aside ex parte decree which was rejected by the court and judgment and decree was passed on merit.4. Learned counsel for the Railways strenuously submits that the judgment...
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