Orissa Court June 1999 Judgments
Anil Kumar Agrawal Vs. Mohanlal JaIn and ors.
Court: Orissa
Decided on: Jun-30-1999
Reported in: 1999(II)OLR229
A. Pasayat, Acting C.J.1. Petitioner's application for being impleaded as a party to the suit (T.S. No. 27 of 1997) pending before learned Civil Judge, Senior Division, Titilagarh, in terms of Order 1. Rule 10, read with Section 51 of the Code of Civil Procedure, 1908 (for short, 'the Code') having been turned down by him, and the order of rejection having been upheld in revision by the learned Additional District Judge, Titilagarh, this writ petition has been filed.2. Ram Chandra Jain, the original plaintiff, who was the father of opp. parties 1 to 11, filed the aforesaid suit for recovery of the suit land by ejecting the defendant Hanuman Prasad Agarwal from the suit house. Description of the suit house is given in the Schedule to the plaint. While the suit was being heard, an application was filed by the present petitioner, styled to be one under Order 1, Rule 10, read with Section 51 of the Code, with a prayer to implead him as defendant No. 2 in the suit. His stand was that his fa...
Tag this Judgment!Dasara Satyam Vs. Banamali Sethi
Court: Orissa
Decided on: Jun-30-1999
Reported in: 1999(II)OLR219
P.K. Misra, J.1. Defendant has filed the appeal against a reversing decision in a suit for specific performance of contract.2. The disputed property including a house belongs to the defendant. He had received some advance from one Padmabati Pahdi under a registered deed of agreement dated 15.3.1977 to sell the property to said Padmabati ,, Padhi. He had also received some money from one Trinath Sahoo under an agreement dated 23.6.1 977. In order to repay the amounts received from Padmabati Padhi and Trinath Sahoo, defendant took a sum of Rs. 5,000/- from the plaintiff on 9.9.1977 with the understanding that after repaying the dues of the other persons and getting khas possession of the house from Trinath Sahoo, two rooms shall be let out to the plaintiff. Accordingly, the plaintiff continued as a tenant under the defendant on a monthly rent of Rs. 75/- and it was stipulated that rent shall be adjusted out of the advance of Rs. 5,000/. Subsequently, on 2.1.1979, the defendant contracted...
Tag this Judgment!Artabandhu Samal Vs. Civil-judge (Jr. Division) and ors.
Court: Orissa
Decided on: Jun-30-1999
Reported in: 88(1999)CLT694; 1999(II)OLR379
A. Pasayat, Acting C.J.1. Petitioner's application for amendment in terms of Order 6, Rule 17 of the Civil Procedure Code, 1908 (in short, 'the Code') having been rejected by learned Civil Judge (Junior Division). Jajpur, this writ petition has been filed.2. Present opp. party No. 2 filed Execution Misc. Case No. 13 of 1997 in the Court of Civil Judge (Junior Division), Jajpur questioning petitioner's election as Sarpanch of Ratlanga Gram Panchayat of Bari Block in the election held under the Orissa Gram Panchayat Act, 1965 (in short 'the Act') and the rules framed thereunder. His stand was that though his nomination had been accepted, no symbol was allotted to him and his name was not included in the ballot paper. According to him, four persons had filed their nomination papers for the post of Sarpanch. The election was held on 18.1.1997. As name of election petitioner was not included in the ballot paper and no symbol was allotted to him, he could not participate in the election, and...
Tag this Judgment!Union of India (Uoi) Vs. Tata Iron and Steel Company Ltd.
Court: Orissa
Decided on: Jun-29-1999
Reported in: II(1999)ACC584; AIR2000Ori55
D.M. Patnaik, J.1. Being aggrieved by the order dated 24-1-1997 of the Railway Claims Tribunal, Bhubaneswar Bench awarding compensation of Rs. 46,353/- with interest at the rate of 12% per annum and cost in favour of the respondent for loss caused on account of shortage of goods carried by the railway, the Railways are in appeal.2. The applicant booked 591 quintals of steel Grip Bars under Railway Receipt No. 93Q/76 dated 22-1-1988 from Tatanagar to Bhubaneswar. At Bhubaneswar, at the time of taking delivery shortage was found to be 5.2 matric tonnes which the applicant valued at Rs. 74,668.74 and claimed compensation giving statutory notice under Section 78B of the Indian Railways Act. It is the case of the claimant that since short delivery was detected because of the cut in four places on the top of one bundle, the applicant asked for weighment and open delivery which the railway refused. The applicant on his own carried on the weighment through private surveyor and found the above ...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd. Vs. Hadiya Gouda and o ...
Court: Orissa
Decided on: Jun-29-1999
Reported in: 2001ACJ482; 1999(II)OLR209
P.K. Misra, J.1. Insurance Company has filed this appeal. Claimant- Respondents 1 and 2 are the parents of the deceased who died on account of accident caused by a Mini Truck bearing registration No. OR-07- 0867. The accidents took place on 12.3.1994 while the deceased was going to his village on a cycle. It was alleged that the Mini Truck dashed against the deceased.2. The owner filed written statement denying the allegations made in the petition. It was further pleaded that the vehicle was insured with the present appellant and the liability, if any, is to be borne by the insurer. The Insurance Company apart from denying the allegations took the plea that the vehicle had not been insured and the driver of the vehicle did not have valid driving licence.3. The Claims Tribunal found that the accident occurred due to rash and negligent driving of the driver of the Mini Truck. It further held that a sum of Rs. 1,35,000/- in all was payable to the claimants. It was found that the vehicle h...
Tag this Judgment!New India Assurance Co. Ltd. Vs. K. Saimma and ors.
Court: Orissa
Decided on: Jun-29-1999
Reported in: 2001ACJ458; 89(2000)CLT794
P.K. Misra, J.1. All the four appeals at the instance of the insurance company are directed against a common award passed in different claim cases and have been heard together. Since a common question of law is involved, all the appeals are being disposed of by one common judgment.2. The only question raised in these appeals relates to the limit of liability of the insurance company. The relevant facts necessary for considering the question of law are as stated below. The accident occurred on 21.7.89. The vehicle in question was admittedly insured with the present appellant. The victims of the accident were admittedly passengers in the vehicle, a bus. The insurance policy was effective from 21.6.1989 to 20.6.1990. The contention of the counsel for the appellant is that the insurance policy had been issued at a time when the liability of the insurance company in respect of a passenger of a bus was only Rs. 15,000. It is, therefore, contended that since the insurance policy had been issu...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Raj Kumari Sahoo and ors.
Court: Orissa
Decided on: Jun-28-1999
Reported in: 2001ACJ224; 1999(II)OLR214
P.K. Misra, J.1. The Insurance Company has filed this appeal Under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act').2. Respondents 1 to 5, the legal representatives of deceased Sachikanta Sahu are the claimants. It is claimed that the deceased while travelling in a Scooter on 27.5.1994 was hit by a truck bearing registration number OR-02A-3797 coming from the front side resulting in the death of Sachikanta Sahu. It is claimed that he was earning Rs. 2,800/- per month and the contribution to the family members was Rs. 2,100/- per month. Claimant- respondent No. 1 is the widow of the deceased; claimant No. 2 is the daughter and claimants 3 to 5 are sons. The children were admittedly minors at the time of the accident.3. The owner filed a written statement stating that there was contributory negligence on the part of the deceased. It was further stated that the liability, if any, should be borne by the Insurance Company, as the vehicle had been validly in...
Tag this Judgment!Shri Ramachandra Bhakta Vs. Shri Krushna Chandra Bhakta and anr.
Court: Orissa
Decided on: Jun-28-1999
Reported in: 1999(II)OLR105
P.K. Mohanty, J.1. This Second Appeal is directed against the reversing judgment of the learned Second Addtional District Judge, Cuttack allowing the defendants' appeal against the order of the learned Subordinate Judge, Athagarh.2. The plaintiff's case, in short, was that the suit property-Bari land of A. 0.01 decs, in plot No. 1690/2639 under Khata No. 273 by a deed of family arrangement, Ext. 1 dated 10.3.1956 was executed by the plaintiff and his father on one side and defendant No. 1 on the other incorporating a pre-emptory clause that if any of the aforesaid parties wants to sell the land allotted to his share, then the other party, if prepared to purchase the said property, the demised land cannot be sold to any third party. However, if the party is unable or not interested in purchasing the land on the market value, then it can be sold to any third party. It was alleged that defendant No. 1 violating the aforesaid stipulation in the deed, alienated the suit property to defendan...
Tag this Judgment!Fertiliser Corporation of India Ltd. Vs. Orissa State Prevention and C ...
Court: Orissa
Decided on: Jun-28-1999
Reported in: 1999(II)OLR299
P.K. Mohanty, J.1. This is an application Under Section 482, Cr. P.C. by the Fertiliser Corporation of India Ltd., Talcher Unit against the order of the learned Sub-Divisional Judicial Magistrate, Bhubaneswar dated 30.7.1996 rejecting the application filed by the Orissa Stated Prevention and Control of Pollution Board, (opp. party) to close the complaint and not to proceed further with the prosecution.2. The short facts of the petitioner's case is that the petitioner is a company registered under the Companies Act. 1956, engaged in manufacturing Urea Fertiliser. It is situated at Talcher in the district of Angul. In their application dated 26.12.1986. it had sought for consent of the Orissa State Prevention and Control of Pollution Board (hereinafter referred to as 'the Board') tor existing new or altered out let/discharge of sewage and/or trade affluents Under Sections 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Water Pollution A...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd. Vs. Draupadi Behera an ...
Court: Orissa
Decided on: Jun-28-1999
Reported in: II(1999)ACC666; 2000ACJ1371; 88(1999)CLT476
P.K. Misra, J. 1. The insurance company has filed this appeal. Claimant-respondent Nos. 1 to 5 are the widow and four minor children of deceased Baidhar Behera. On 22.6.1991, while the deceased was standing on the road, truck bearing No. OSS 5343 dashed against the deceased causing death after some time. Application was filed claiming Rs. 1,50,000 as compensation.2. The owner of the truck did not contest the case. The insurance company filed written statement denying the allegations made in the claim application. It was also stated that the driver of the truck did not have a valid driving licence and the vehicle had no permit and fitness certificate.3. The Claims Tribunal on consideration of the materials on record held that the accident occurred due to rash and negligent driving of the driver of the truck. It was further found that the vehicle had been insured with the insurance company and as such the insurer was liable to pay the compensation of Rs. 84,000.4. In this appeal, though ...
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