Orissa Court June 1999 Judgments
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Kishore Mohanty Vs. Birendra Chandra Pandey and ors.
Court: Orissa
Decided on: Jun-21-1999
Reported in: 1999(II)OLR78
R.K. Patra, J.1. By this election petition, the petitioner calls in question the election of the returned candidate-respondent No. 1 from 130-Jharsuguda Assembly Constituency.2. The case of the petitioner is that the Election Commission of India in December, 1994 announced the programme for holding general election (11th) to constitute a new Legislative Assembly for the State of Orissa. Accordingly he (petitioner) and respondents 1 to 6 filed their respective nominations for contesting the election from the 130-Jharsuguda Assembly Constituency. Their nominations were found valid and accordingly all their names were included in the list of validly nominated candidates. The petitioner was the nominee of Janata Dal. His party symbol was 'Wheel' (Chakra). Respondent No. 1 was the nominee of Indian National Congress (Congress I) having party symbol 'Hand'. Respondent No. 2 was the nominee of Bharatiya Janata Party whose symbol was 'Lotus'. Respondent No. 3 was an independent candidate whose...
Officer-in-charge, Legal Cell, National Insurance Co. Ltd. Vs. Smt. Ra ...
Court: Orissa
Decided on: Jun-21-1999
Reported in: I(2000)ACC251; 88(1999)CLT662
D.M. Patnaik, J.1. This appeal though fixed for admission is taken up for final disposal on being agreed to by learned Counsel for both sides.Learned Counsel for the respondent-claimants points out that respondent No. 1 Smt. Rambhamani Mohapatra has died on 1.6.1999 and that since all her L.Rs. are already on record as respondents 2 to 6, no substitution is necessary and therefore the matter may be taken up for final disposal since the order will not cause prejudice to any one.2. This appeal is against the award of Rs. 96,000/- by the 3rd M.A.C.T., Balasore in a motor accident claim cases.Brief facts of the case is that-deceased Madan Mohan Mohapatra aged 57 years at the relevant time was serving as an Artist in Kalinga-Bijay Opera and was getting Rs. 30,000/- per year as salary. On 6.5.1994 at 4.30 p.m. in between Gopalpur-Palaspur Road he was waiting for a conveyance to Palaspur alongwith other Artists and articles for an Opera show at Palaspur. It is alleged that at that time the of...
Gouranga Das Mohapatra Vs. Narasingha Das Mohapatra and anr.
Court: Orissa
Decided on: Jun-18-1999
Reported in: 88(1999)CLT276; 1999(II)OLR224
A. Pasayat, Acting C.J.1. Order passed by learned District Judge, Puri reversing order passed by learned Civil Judge (Senior Division), Puri and thereby rejecting prayer for amendment of the plaint in terms of Order 6, Rule 17 of Code of Civil Procedure, 1908 (in short, 'CPC') is the subject-matter in this writ application.2. Factual position in a nut-shell is as follows :Petitioner as plaintiff has filed the suit (O.S. No. 61 of 1994) for partition. During pendency of the suit, an application was filed under Order 6, Rule 17, CPC for amendment of the plaint. By amendment, plaintiff wanted to include certain properties. The properties involved were (a) those transferred by his grandfather in favour of defendant No. 1 (opp. party No. 1) under registered gift deed dated 17.1 2.1958 and (b) transfer made by defendant No. 2 in favour of defendant No. 1 under a registered sale deed No. 7823 dated 30.8.1972 transferring 'Sevapali' of two days in respect of temple Lord Jagannath. Learned Civi...
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