Orissa Court July 1999 Judgments
Saraswati Parabhai and anr. Vs. Grid Corporation of Orissa and ors.
Court: Orissa
Decided on: Jul-29-1999
Reported in: 2001ACJ1874; AIR2000Ori13
A. Pasayat, Actg. C.J. 1. One Narayan Parabhai (hereinafter referred to as 'deceased') having died due to electrocution, this writ application has been filed for a direction to the Grid Corporation of Orissa (in short, the ('Corporation') for payment of compensation to his legal heirs. According to petitioners, Narayan died on account of negligence of the Grid Corporation of Orissa (O. party No. 1). Proper care and caution was not taken to prevent persons from coming in touch with live-wire and had such action been taken deceased would have been alive. 2. Background facts as projected by the petitioners in short are as follows : On 21 -7-1995 one electric pole fell down on the ground being uprooted. On 22-7-1995 in the early morning the deceased while going on the road near the electric pole suddenly came in contact with the live 11 M.V. electric line and got electrocuted due to the shock received by him. The Executive Engineer, Kalahandi West Electrical Division, Western Electricity S...
Tag this Judgment!Smt. Manasi Panigrahi Vs. Sri Umesh Chandra Jena and anr.
Court: Orissa
Decided on: Jul-29-1999
Reported in: 89(2000)CLT613; 1999(II)OLR254
P.K. Misra, J.1. Plaintiff has filed this revision. Title Suit No. 402/97 was filed by the petitioner for declaration of title and possession and for injunction in respect of 'A' Schedule property. The 'A' Schedule property consists of three plots, namely, M.S. Plot No. 852/1436 (Ac. 0.26 dec.) of Khata No. 394; M.S.Plot No. 852 (Ac. 1.39 dec.) and M.S. Plot No. 852/1455 (Ac 0.70 dec.) both of Khata No. 395 in mauza Kharadipal under Jaleswar Tahasil. During the pendency of the suit, an application for injunction was filed. The said application was rejected by the trial Court. Thereafter, the petitioner filed Misc. Appeal No. 34/98 which having been dismissed, the present revision has been filed.2. During the pendency of the revision, on 5.5.1998, an order has been passed restraining both the parties not to carry on any permanent construction in respect of Plot No. 852/1436 having an area of Ac.0.36 decimals.3. Though injunction had been sought for in respect of the three plots, from pa...
Tag this Judgment!Smt. Padma Sahu Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-29-1999
Reported in: 88(1999)CLT461; 1999CriLJ4269
A. Pasayat, Actg. C.J.1. In this application for habeas corpus under Article 236 of the Constitution of India, 1950 (in short, the 'Constitution'), Padma Sahu, mother of Raju alias Raj Kishore Sahu hereinafter referred to as 'detenu') has questioned the order of detention dated 26-11-1998 passed by the District Magistrate, Puri in purported exercise of power under Section 3(2) of the National Security Act, 1980 (in short, the 'Act').2. Case of petitioner in essence is that because of local dispute, the detenu and his brother Santosh were falsely implicated in a criminal case wherein allegations of assaults on one. Sanjaya Kumar Sahu were made. This led to lodging of informa tion at the Police Station. There was no truth in the allegations made and no such incident took place. But with mala fide intention false and implicated reports were given at the police station implicating the detenu. A case under Section 110 of the Code of Criminal Procedure, 1973 (in short,'Cr.P.C.') was register...
Tag this Judgment!Dr. Anurag Mishra and ors., Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-27-1999
Reported in: AIR2000Ori85; 88(1999)CLT573
A. Pasayat, Ag. C.J.1. As both these writ petitions involve identical issues, they are being disposed of by this common order,2. When the judgment in Dr. Pranab Mohapatra v. State of Orissa, (1999) 1 Orissa LR 292, was pronounced, a pious wish was expressed by this Court that litigations emerging year after year will not be repeated. But Shakespeare's classic expression in Othello 'Chaos is come again', has again surfaced.3. The present dispute relates to selection of candidates for undergoing the 1999 Session of Post-Graduate studies in the Government Medical Colleges of Orissa. Two examinations for 1998 and 1999 Sessions were held simultaneously. Large number of writ petitions were filed making a grievance that there were either incorrect questions and/or incorrect answers in respect of large number of questions. To test correctness of the assertion, a committee was constituted appointing Dr. Gopal Chandra Das, a retired Professor of S.C.B. Medical College Hospital, to examine the qu...
Tag this Judgment!Hemsagar @ Hrusikesh Nag and 3 ors. Vs. Smt. Madhabi Kuanra @ Nag and ...
Court: Orissa
Decided on: Jul-27-1999
Reported in: 2000(1)ALT(Cri)1; I(2000)DMC206
ORDERP.K. Mohanty, J. 1. This petition under Section 482, Cr.P.C. has been filed with the following prayer : '...that in the facts and circumstances of the case stated above Your Lordships may be pleased to admit this application, call for the lower Court records of I.C.C. Case No. 7 of 1995 as well as G.R. Case No. 42 of 1995 of the Court of Judicial Magistrate, First Class, Rampur alongwith other connected records of the Revisional Court and after hearing the parties the application be allowed and the impugned orders under Annexures 4 and 5 as well as the entire proceeding of the I.C.C. Case No. 7 of 1995 of the Court of Judicial Magistrate, First Class, Rampur may be quashed and till then the further proceeding of the said complaint case may kindly be stayed; And /or to pass such other order /orders as this Hon'ble Court deems just equitable and proper in the facts and circumstances of the present case.' 2. The short facts of the case are that petitioner No. 1 having developed the i...
Tag this Judgment!Divisional Manager, United India Insurance Co. Ltd. Vs. Mala Kar and o ...
Court: Orissa
Decided on: Jul-27-1999
Reported in: I(2000)ACC585; 2001ACJ15; 89(2000)CLT322
P.K. Misra, J.1. The insurer has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, 'the Act'), against the direction of the Claims Tribunal under Section 140 of the Act for payment of Rs. 50,000 to claimant-respondent Nos. 1 to 5.2. It is not disputed that the claimants-respondents have filed Misc. Case No. 299 of 1996 claiming compensation and the said application under Section 166 of the Act is pending. Along with the said application, the claimants also filed an application under Section 140 of the Act for payment of the amount as envisaged in Section 140. The insurance company filed objection stating that the parties must be called upon to produce the valid driving licence. The Claims Tribunal has directed payment of Rs. 50,000 on a prima facie finding that there was a driving licence on the date of the accident.3. The learned counsel appearing for the appellant insurance company submitted that there is some dispute regarding the validity of the driving...
Tag this Judgment!Sibasankar Gupta Vs. Smt. Tilakbala Kundu
Court: Orissa
Decided on: Jul-26-1999
Reported in: 1999(II)OLR260
ORDERP.K. Misra, J.1. This is an application for stay filed by the appellant. The appeal is admittedly barred by limitation. Application for condonation of delay has been filed and by order dated 12.7.1999 notice has been directed to be issued on the question of limitation. Notwithstanding the fact that the delay is yet to be condoned and the appeal is yet to be admitted, the learned counsel for the appellant has filed this application for stay. The question as to whether the stay can be granted even though delay is yet to be condoned and the appeal is yet to be admitted has been heard on several dates.2. Order 41, Rule 3-A which is a new provision was inserted in the Code of Civil Procedure, 1908 (hereinafter referred to as the 'C.P.C.') by amending Act 104 of 1976. Order 41, Rule 3-A, C.P.C. reads as follows:'3-A. Application for condonation of delay - (1) When an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an applic...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Chhaya Dash and anr.
Court: Orissa
Decided on: Jul-23-1999
Reported in: (2000)IIILLJ1459Ori
P.K. Misra, J.1. The Insurer has filed this appeal.Claimant-respondent No. 1 filed W. C. Case No. 438-D/96 before the Commissioner forWorkmen's Compensation-cum-DeputyLabour Commissioner, Cuttack (hereinafterreferred to as the 'Commissioner'), forcompensation on account of the death of herhusband. The deceased was the driver in Trucknumber OR-04-2111 belonging to respondent No. 2. It was stated that the death occurred inan accident arising out of 'and in course ofemployment. It was further claimed that thedeceased was aged about 32 years at the timeof accident and he was getting Rs. 3,000/-towards his monthly salary. 2. The owner-respondent No. 1 filed written statement admitting about the employment and the death on account of the accident. He, however, took the plea that compensation, if any, should be paid by the Insurance Company as the truck had been validly insured. The Insurance Company denied in general terms the allegations made in the claim application. 3. The Commissioner on...
Tag this Judgment!Akuli Charan Das and Anr. Vs. Commissioner for Workmen's Compensation ...
Court: Orissa
Decided on: Jul-23-1999
Reported in: II(1999)ACC682; 2001ACJ1320; 1999(II)OLR375
P.K. Misra, J.1. Appellant No. 1, a Special Class Contractor, had taken work under respondent No. 2. Appellant No. 2, the power of attorney holder, was executing the work on behalf of appellant No. 1. Respondent No. 4 was engaged as a labourer. He filed a claim application before the Commissioner for Workmen's Compensation (hereinafter referred to as the 'Commissioner'), Jeypore, on the allegation that while he was breaking stones under appellant No. 2 who was a Sub-Contractor of appellant No. 1, he sustained injury on the left eye which was damaged. Thus, he filed the claim application against appellants 1 and 2 as well as the present respondent No. 2 who had engaged the appellant No. 1.2. The appellant No. 1 in his written statement stated that the injured was a labourer in the Tipper belonging to him and had been engaged for the purpose of loading and unloading the boulders in the Tipper and he sustained injury while he was breaking the boulders for the purpose of loading in the Tip...
Tag this Judgment!Gyanendra Gopal Das and anr. Vs. Bank of India and ors.
Court: Orissa
Decided on: Jul-22-1999
Reported in: 88(1999)CLT293; [2001]103CompCas715(Orissa)
Ratnakar Dash, J.1. Defendants Nos. 2 and 3 in Money Suit No. 2 of 1984 have preferred this appeal against the judgment and decree passed by the learned Subordinate Judge, Rairangpur. By the impugned judgment they as well as defendant No. 1, respondent No. 2 herein, have been jointly and severally held liable to pay to the Bank of India, respondent No. 1, a sum of Rs. 22,135.75 with 14 per cent. interest per annum. The Bank of India, Badampahad, filed the aforesaid money suit against defendant No. 1, the debtor and defendant Nos. 2 to 4 as guarantors for realisation ofRs. 22,135.75 with 14 per cent. interest from December 22, 1982, till date of realisation.2. The plaintiff's case, briefly stated, is that defendant No. 1 while carrying on business in timber at Badampahad, approached the bank for accommodation of Rs. 20,000. Defendants Nos. 2, 3 and 4 agreed to stand as guarantors for defendant No. 1. Acceding to the request of defendant No. 1, the plaintiff-bank advanced Rs. 20,000 as l...
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