Orissa Court August 1999 Judgments
Priti Oil Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-1999
Reported in: AIR2000Ori1
Patnaik, J.1. In the present writ petition, the petitioner a limited company engaged in the business of extraction of oil from oil seeds in its plant situated at Rengali in Sambalpur district assails the Government order dated 28-5-1999 (Annexure 8) as arbitrary and discriminatory in appointing the Orissa State Co-operative Marketing Federation (for short, the 'MARKFED') as the agent and the opposite party No. 6, M/s. Hanuman Vitamin Foods Limited, as the Raw Material Procurer [hereinafter referred to the 'RMP') for collection of Sal seeds during the year 1999 crop year ignoring its claim for such appointment.2. Its case is, prior to 1995 under the Sal Seed Policy of the State Government, theTribal Development Co-operative Corporation (for short, the TDCC') and the Orissa Forest Development Corporation (for short, the 'OFDC') were the agents for collecting the Sal seeds through tribal inhabitants on pay-merit of wages. The Sal seeds so collected used to be put to public auction invitin...
Tag this Judgment!Biswanath Pahadsingh Vs. Panchanan Pahadsingh and ors.
Court: Orissa
Decided on: Aug-31-1999
Reported in: AIR2000Ori10
D.M. Patnaik, J.1. This is an appeal against the judgment of' the Subordinate Judge, Baripada dismissing the suit of the plaintiff for grant of letters of administration under a Will in respect of the assets of one Uchhab Pahadsingh.2. Plaintiffs case is, Uchhab, Binod, Bhagabat and Nalu were four brothers of whom Uchhab had no issue. He adopted the plaintiff whose natural father was Bhagabat. After the death of Nalu in 1950, four branches became separate. Since Uchhab had no is-sue he adopted the plaintiff In the year 1948 and executed a Will in his favour. Under the said Will he bequeathed his' l/4th share in the properties described in the Schedule 'B' & 'C' of the plaint. Plaintiff possessed those properties. It is further claimed that the Will (Ext. 1/b) was the last Will of Uchhab and Uchhab executed the Will in a healthy stateof mind and body.3. Defendants 1, 3 and 4 and 5, 6 and 7 filed separate written statement. They denied any partition in the family. They also challenged as...
Tag this Judgment!Raghunath Patra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-1999
Reported in: 88(1999)CLT658; 1999(II)OLR572
P.K. Misra, J.1. It is said misfortune never visits alone. It seems in the case of the petitioner various misfortunes have visited him on multiple occasions. The petitioner is a physically handicapped person both of his hands having been amputated and both of his legs being physically deformed he has to take the help of artificial limbs both for the purpose of walking and also for the purpose of doing anything with his amputated hands.2. The Orissa State Electronics Development Corporation Limited a State Government Undertaking (hereinafter called the 'OSEDC') in a commendable spirit had initially appointed the petitioner as Messenger on ad hoc basis for a period of eighty-nine days at a time since 12.4.1988. The appointment was initially on daily-wage basis and subsequently on the basis of consolidated salary and the services of the petitioner were being extended from time to time with the inevitable break of a day. It appears that subsequently, for the purpose of recruitment of Messe...
Tag this Judgment!Sikhar Jena and 5 ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-31-1999
Reported in: 2000CriLJ1277; 1999(II)OLR575
P.K. Misra, J.1. Appellants 1 to 5 have been convicted Under Section 302/149, Indian Penal Code (in short, the 'I.P.C.') for having caused the death of deceased A.K. Kanungo and sentenced to undergo imprisonment for life. Those five appellants have also been convicted Under Section 307/148. I.P.C. for attempting to cause murder and sentenced to undergo rigorous imprisonment for seven years; Under Section 338/149, I.P.C. and sentenced; to undergo rigorous imprisonment for two years; Under Section 333/149, I.P.C, and sentenced to undergo rigorous imprisonment for five years and Under Section 9(b) of the Indian Explosives Act read with Section 149. I.P.C. and sentenced to undergo rigorous imprisonment for two years. Appellants 1 to 3 have further been convicted Under Section 149, I.P.C. and appellants 4 and 5 have been convicted Under Section 147. IPC and sentenced to undergo rigorous imprisonment for three years and two years respectively. All the sentences have been directed to run conc...
Tag this Judgment!Divisional Manager, United India Insurance Co. Ltd. Vs. Tirthabasi Pad ...
Court: Orissa
Decided on: Aug-30-1999
Reported in: (2000)IIILLJ1454Ori
P.K. Misra, J.1. This appeal has been filed by the Insurance Company challenging the award of the Commissioner for Workmen's Compensation, Cuttack (in short, the 'Commissioner') in W.C. Case No. 8-D/1993. 2. Claimant-respondent No. 1 was a workman under respondent No. 2. It was stated in the application that he was a driver in respect of the Truck bearing number OAG-2959. It was further stated that while he was trying to repair the back light, the truck was driven backwards by the Helper as a result of which the claimant sustained injuries. He filed the application claiming Rs. 99,000/- as compensation. 3. The owner in his written statement admitted that the claimant was the driver. The owner, however, disputed about the quantum of compensation payable and, at any rate, submitted that compensation should be paid by the Insurance Company. The Insurance Company generally denied the allegations made in the claim application. 4. The Commissioner found that the claimant was a workman and ha...
Tag this Judgment!Aja Dei and anr. Vs. Gayadhar Das
Court: Orissa
Decided on: Aug-27-1999
Reported in: 1999(II)OLR471
D.M. Patnaik, J.1. This appeal is against the reversing judgment of the learned Additional District Judge, Bhadrak dismissing the plaintiffs' suit for declaring the three sale deeds dated 15.9.1979 as void and inoperative.2. The plaintiffs are the daughters of one Banchhanidhi and the defendant is the son-in-law of plaintiff No. 1 having married the latter's daughter. Banchhanidhi died in the year 1981, his wife having predeceased him in the year 1978. Banchhanidhi suffered from illness from 1979 till Chaitra 1981 when he died during illness. Out of these three sale deeds, one was in favour of defendant for consideration of Rs. 25,000/- and the other two in the name of his wife Satyabhama for Rs. 2000/- and Rs. 1000/- respectively. It is claimed by the plaintiffs that these sale deeds were executed during the illness of Banchhanidhi when he was mentally unfit and physically disabled and no power of understanding. It was further pleaded that the sale-deeds were not backed by any conside...
Tag this Judgment!Bijay Kumar Jena and ors. and Banambar Amanta and ors. Vs. Union of In ...
Court: Orissa
Decided on: Aug-26-1999
Reported in: 88(1999)CLT37; [2000(85)FLR239]; (2000)ILLJ609Ori; 1999(II)OLR530
R.K. Dash, J.1. National Aluminium Company (for short. 'NALCO') a Government of India undertaking at Angul, has two units, namely, Smelter Plant and Captive Power Plant for generation of electric energy for its own consumption. The petitioner in both the writ petitions are the security personnel engaged in these two units by the contractor, namely, Investigation and Security Services (India) Private Ltd., opposite party No. 7. They have prayed for issuance of a writ of mandamus directing the management of NALCO, the principal employer, to declare them as the employees of NALCO consistent with the nature of duties they have been discharging in different capacities. Both the writ petitions were, therefore, heard analogously and are disposed of by this common judgment.2. Shortly, stated, the petitioners' case is that Investigation and Security Services (India) Private Ltd., opposite party No.7, is a licensee under the Contract Labour (Regulation and Abolition) Act, 1970 (for short, 'the A...
Tag this Judgment!Ghanashyam Sahu Vs. Kendrapara Municipality and ors.
Court: Orissa
Decided on: Aug-23-1999
Reported in: AIR2000Ori7; 89(2000)CLT196
ORDERD.M. Patnaik, J.1. This second appeal is against the reversing Judgment of the lower appellate Court wherein It allowed the defendants' appeal thereby dismissing the plaintiffs suit for title and permanent injunction.2. Plaintiffs case is, one Girdhari Tripathy executed a 'Hukumnama' dated 10-7-1932in respect of the land measuring Ac. 2.76 decimals thereby authorising him to reclaim the area by removing the thorny bushes and make it fit for cultivation. In return, 'the plaintiff was to possess the same for ten years and appropriate the usufructs. In the year 1935 the plaintiff starte'd cultivation. After death of Giridhari, his son Shyamsundar asked the father of the plaintiff to give up possession of the land in the year 1936. The father of the plaintiff did not agree to this and continued to possess till 1960. The plaintiff continued his possession 'thereafter till 1984 without interruption. In the year 1984 the Kendrapara Municipality started to construct houses for the sweeper...
Tag this Judgment!Natabar Behera Vs. Batakrushna Das
Court: Orissa
Decided on: Aug-23-1999
Reported in: 88(1999)CLT712; 1999(II)OLR319
D.M. Patnaik, J.1. This second appeal is at the instance of the plaintiff against a reversing judgment of the lower appellate Court dismissing the plaintiff's suit for declaration of title, recovery of possession and injunction.2. Plaintiff's case is, one Mahanta Jagannath Das, Marfatdar of the deity Gopal Jew Thakur, executed an unregistered permanent lease deed on 17.1.1937 in favour of the plaintiff who was then a minor, but represented by his father-guardian Ganesh and delivered possession. The plaintiff's father possessed the land as a permanent lessee on payment of Rs. 10/- as the rent per year. The defendant claimed both title and possession in respect of the very same land on the basis of another permanent registered lease deed executed by the said Mahanta on 26.1.1942. It is the case of the defendant that he also took possession of the same land. When dispute arose relating to possession, at the instance of the defendant a proceeding Under Section 144, Cr. P.C. was initiated w...
Tag this Judgment!Soumitri Taria Vs. the Branch Manager, State Bank of India and ors.
Court: Orissa
Decided on: Aug-23-1999
Reported in: 1999(II)OLR326
D.M. Patnaik, J.1. This appeal is against the order dated 28.2.1998 of the Civil Judge (Senior Division), Sonepur passed on a petition under Order 9, Rule 13 read with Section 151, Civil Procedure Code dismissing the defendant's petition for setting aside an ex pane decree in a money suit filed by the Respondent No.l, the State Bank of India.2. The State Bank of India filed a suit for recovery of an amount of Rs. 1,67,037/- advanced by it to the present appellant for purchase of a tractor. Since the appellant failed to repay the loan the Bank filed the suit for recovery of the amount with interest.3. Defendant remained ex pane. When the Bank proceeded for final decree by way of sale of the properties given as security for the loan, the appellant appeared and prayed in the above petition to set aside the decree on the ground that she suffered from prolonged illness from 1.11.1993 to 13.12.1997 and therefore she could not appear on 8.11.1993 when she was set ex parte and thereafter on 4....
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