Orissa Court September 1999 Judgments
Prafulla Kishore Mohanti Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-30-1999
Reported in: 97(2004)CLT622
Pradipta Ray, J.1. The writ petitioner, a retired Judge of Orissa High Court was appointed Chair-person of the Orissa State Commission for Backward Classes by Notification dated September 9, 1993 for a term of three years from the date of assuming the office. The petitioner assumed the office of Chairperson on September 15, 1993 and his term of office ended on September 14, 1996.2. The Orissa State Commission for Backward Classes Act, 1993 has been enacted to constitute a State Commission for Backward Classes other than the Scheduled Caste and the Scheduled Tribe and to provide for matters connected there with or incidental thereto (hereinafter referred to as the 'Backward Classes Act'). Section 3(1) authorises the State Government to constitute the Orissa State Commission for Backward Classes (hereinafter referred to as the 'Commission'). Section 3(2) deals with the composition of the Commission. It has been provided therein that the Commission shall have a Chairperson, who is or has ...
Tag this Judgment!Shashikala SwaIn and ors. Vs. Md. KhairuddIn and anr.
Court: Orissa
Decided on: Sep-28-1999
Reported in: 2001ACJ1638; AIR2000Ori52; 88(1999)CLT681
ORDERR.K. Dash, J.1. Appellants are wife, daughters, son and parents of the Late Bijoy Bihari Swain (hereinafter referred to as 'the deceased') who was the Inspector of Police at the relevant time when he succumbed to injuries in a motor accident. The appellants moved the Tribunal under the Motor Vehicles Act claiming compensation and their prayer having been rejected by the Second Motor Accident Claims Tribunal, Cuttack, they have preferred the present appeal.2. Short facts, on 3-5-1990 at about 10.30 p.m., it is alleged, the deceased along with his friend, the pillion rider, while proceeding towards Jobra on the Rind Road, in a motor cycle, the driver of the truck bearing No. OSC 3861 loaded with bamboos drove the vehicle in reverse gear and dashed against the motor cycle, as a result, tail of the bamboo pierced into the vital part of the deceased causing injuries which resulted in his death. The pillion rider also sustained some injuries but survived. On a report being lodged by the...
Tag this Judgment!Tutu Alias Biswajit Pattanaik Vs. State of Orissa
Court: Orissa
Decided on: Sep-28-1999
Reported in: 2000(I)OLR141
R.K. Dash, J.1. Tutu alias Biswajit Pattanaik (appellant herein) stood charged with having committed an offence Under Section 302, of the Indian Penal Code (hereinafter referred to as 'IPC') whereas one Anam Das alias Bhoi (since acquitted) stood charged Under Section 212, IPC. Upon trial, the learned Sessions Judge, Puri while acquitting Anam Das of the charge, convicted the appellant Under Section 302, IPC and sentenced him to undergo imprisonment for life. Aggrieved by the judgment and order of conviction, the appellant has preferred the present appeal.2. The pith and substance of the prosecution case culled out during trial may be stated thus :Budharama Narayan Mohapatra alias Gedu (hereinafter referred to as 'deceased') was the driver of a Matador vehicle bearing Registration No. OAC 825. On 13.11.1989 in the afternoon, he left with the vehicle from Puri to Brahmagiri. The appellant travelled in the said vehicle sitting by the side of the deceased. On the same day, the vehicle ret...
Tag this Judgment!Union of India (Uoi) Vs. Steel Authority of India, Bhubaneswar
Court: Orissa
Decided on: Sep-24-1999
Reported in: AIR2000Ori27
B.P. Das, J.1. This appeal under Section 22 of the Railway Claims Tribunal Act. 1987 at the behest of the Union of India represented by the General Manager of the South Eastern Railway challenges the order dated 8-7-1994 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, in O. A. No. 96 of 1990.2. The brief facts leading of the present appeal are: The respondent Steel Authority of India. Branch Sales Officer, Bhubaneswar, which was the applicant before the Tribunal, was the consignee of the consignment of 59.455 M.T. 25 mm. M. S. rounds bookedfrom Durgapur Steel Exchange Yard to Bhubaneswar. After the consignment was arrived at the destination, i.e., Bhubaneswar, the consignee-respondent suspected some shortage and requested the railway authorities for weighment of the same before taking delivery. The railway authorities wanted to move the wagon to Taleher station where they had a weigh-bridge and weighment could be done. The consignee did not agree to the proposal ...
Tag this Judgment!Divisional Manager, New India Assurance Co. Ltd. Vs. Budhadeb Samal an ...
Court: Orissa
Decided on: Sep-24-1999
Reported in: (2000)IIILLJ1444Ori
P.K. Misra, J.1. The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act.2. Claimant-respondent No. I filed the claim case before the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Sambalpur (in short, the ''Commissioner') claiming compensation on account of death of his son in an accident arising out of and in course of employment. The son of the claimant was working as a Helper in a Canter Bus bearing number OR-15-A-6626 belonging to the present respondent No. 2. On July 12, 1995 while the deceased was unloading goods from the Canter Bus, another truck dashed against the Canter Bus as a result of which the deceased fell down and died on the spot. The owner filed written statement admitting the employment and death of the deceased on account of the accident. He, however, pleaded that the compensation amount should be paid by the Insurance Company. The Insurance Company filed separate written statement and disputed the ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Dinanath Agrawalla and ors.
Court: Orissa
Decided on: Sep-17-1999
Reported in: 2000ACJ525; AIR2000Ori40
A. Pasayat, A.C.J. 1. As there was divergence in view, the matter has beenreferred to larger Bench and following questions have been referred for opinion:--(a) Whether the Tribunal has power to allow interest on the compensation awarded under Section 92-A of the Act in view of amendment to Section 110 CC of the Amending Act 47 of 1982? And (b) Whether the liability under Section 92-A can be saddled on the insurer even in a case where that liability other than a statutory liability is not covered by the policy of insurance? 2. The matter was under consideration in an appeal under Letters Patent arising out of an appeal against order of a learned single Judge dealing with scope and ambit of Section 92-A of the Motor Vehicles Act, 1939 (in short, the 'Act'). Factual aspects need to be noted in brief. Facts as noticed by the learned single Judge and the Division Bench are as follows:--On 16-9-1983, jeep bearing registration number OSS 6481 was proceeding from Bargarh to Paikmal. After cro...
Tag this Judgment!Bijayananda Patra and ors., Etc. Vs. District Magistrate, Cuttack and ...
Court: Orissa
Decided on: Sep-17-1999
Reported in: AIR2000Ori70
A.P. Pasayat, Actg. C.J. 1. All these cases relate to noise pollution in different parts of the State of Orissa caused due to use of high sounding explosive fire works and other blaring sound producing devices and the effect of the resultant pollution in sound. The petitions have been filed in the form of public interest litigation. It is highlighted that the manner in which the sound pollution is being caused and the impact of such sound pollution is on the health of the people, is a cause for great concern. The prayer essentially in each of the writ petitions is for direction to the concerned authorities to prevent the sound pollution, and consequential health hazards.2. 'Pollution' is noun derived from the transitive verb 'pollute,' which according to the Random House Dictionary of the English Language (College Edition, 1977) means :'(1) to make foul or unclean, dirty ; to pollute the air with smoke. (2) to make impure or morally unclean, defile, desecrate to soil, defile. Synonyms ...
Tag this Judgment!Gyan Singh Babaji Vs. Jitendranath Bisoi and anr.
Court: Orissa
Decided on: Sep-17-1999
Reported in: 2001ACJ2108; AIR2000Ori49
A. Pasayat, Actg. C.J.1. In this appeal an interesting question of law has been raised by the claimant. Question is whether a person who was not driving the vehicle, when an accident occurred is to betreated as driver covered by policy of insurance issued to cover a 'driver'. While adjudging an appeal under Section HOD of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act'), it is to be noted that the said Act was in force when the accident took place.2. Factual position which is undisputed essentially is as follows :On 8-6-1984, truck bearing registration No. QSU 2203 was involved in an accident in which Tarashem Singh (hereinafter referred to as the 'deceased') lost his life. The vehicle was being driven by one Mahadev Singh at the time of accident. The deceased was the second driver who admittedly was not driving the vehicle, at the time of accident. The vehicle in question was subject-matter of insurance with New India Assurance Co. Ltd. (hereinafter referred to as t...
Tag this Judgment!i.D.L. Industries Limited Vs. Commissioner of Commercial Taxes and anr ...
Court: Orissa
Decided on: Sep-17-1999
Reported in: 1999(II)OLR568
A. Pasayat, Acting C.J.1. Petitioner calls in question legality of order dated 4.1.1999 passed by the Commissioner of Sales-tax, Orissa rejecting its prayer for grant of interest on the refund granted to it. Rejection was made on the ground that it was premature keeping in view the fact that reference application under Section 24(2) of the Orissa Sales Tax Act, 1947 (in short the 'Act') was pending for disposal. The order was quoted by the Sales-tax Officer, Rourkela, Uditnagar and communicated to petitioner vide letter dated 5.1.1999 (Annexure-1). 2. The case has a chequered career inasmuch as the question of petitioner's entitlement to interest has been subject-matter of controversy in different Courts. Lastly in OJC No. 8873 of 1998, this Court had occasion to examine the prayer of the petitioner. In that case the Sales-tax Officer, Rourkela I Circle, Uditnagar had rejected the petitioner's prayer on the ground that since the Revenue's reference applications under Section 24(1) of t...
Tag this Judgment!Director General and Inspector General of Police and ors. Vs. Subash C ...
Court: Orissa
Decided on: Sep-17-1999
Reported in: 1999(II)OLR539
A. Pasayat, Acting C.J.1. Order passed by the Orissa Administrative Tribunal, Bhubaneswar (in short, the 'Tribunal') directing that the opp. party No. 1, who was applicant before the Tribunal, shall be restored to the officiating post of Assistant Sub-Inspector of Police from the date he was reverted and then deputed for the Assistant Sub-Inspector course of training, is under challenge in this writ application by the State Government.2. Subash Chandra Padhi (hereinafter referred to as the 'employee') had filed a petition Under Section 19 of the Administrative Tribunals Act, 1985 (in short, the 'Act'). He had questioned his alleged reversion from the post of A.S.I, of Police to the substantive post of Constable. Prayer was to direct the Director General and Inspector General of Police, Orissa to allow him to work as Assistant Sub-Inspector of Police with all consequential service benefits, to quash the proceedings of the Central Selection Board and to direct him to send him for A.S.I's...
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