Orissa Court January 2000 Judgments
All India Freedom Fighter's Organisation Vs. State of Orissa and Anr.
Court: Orissa
Decided on: Jan-21-2000
Reported in: AIR2000Ori100
P.C. Naik, J. 1. The challenge in this writ petition is to the resolution of the State Government dated 1l-10-1995 (copy whereof is Annexure 3 to the writ petition) whereby while revising the rate of State Freedom Fighters Pension from Rs. 300/- to Rupees 500/-, the State token Freedom Fighter Pension payable to Freedom Fighters or their dependants who are in receipt of S.S.S. Pension from the Central Revenue has not been revised. According to the petitioner, the action in not simultaneously revising the rate of pension payable to the S.S.S. Pension holders amounts to discrimination and liable to be quashed. The further prayer is for a direction to the opposite party No. 1 to enhance the rate of pension of the S.S.S. Pension holders at the rate of Rs. 500/- per month with effect from 11-10-1995 with a direction to pay the arrears within a stipulated period. 2. To begin with, we may state that there is some confusion in the petition as to who, in fact, is the petitioner. As is clear fro...
Tag this Judgment!Jasobanta Sahu Alias Jasobanta Kumar Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-15-2000
Reported in: 89(2000)CLT355; 2000CriLJ2517; 2000(I)OLR166
L. Mohapatra, J.1. The petitioner calls in question the order of detention passed against him by opposite party No. 2 in exercise of powers conferred under Sub-section (2) of Section 3 of the National Security Act, 1980 ('the Act', for short)..2. The case of the petitioner is that he had been arrested by the Sundargarh Town Police in connection with Sundargarh Town P. S. Case No. 35 of 1999 and had been forwarded to the Court of the learned S. D. J. M., Sundargarh. on 17. 3. 1999, whereafter he was remanded to jail custody. While he was in custody, the impugned order of detention dated 27. 3. 1999 was served on him. The grounds of detention as required under Section 8(1) of the Act were communicated to the petitioner by letter dated 31. 3. 1999 and the said grounds of detention are the subject matter of Annexure-2. The petitioner challenges the order of his detention on two grounds:(1) Delay in disposal of his representation; and(2) Legality of the detention order when there was no app...
Tag this Judgment!Bahadul Gountia Alias Biswal Vs. Khuriram Meher and ors.
Court: Orissa
Decided on: Jan-15-2000
Reported in: 2000(I)OLR411
P.K. Misra, J.1. Plaintiff has filed this appeal against a reversing decision.2. It is not necessary to issue notice to proforma respondents 4 to 15 as they were proforma defendants in the suit. In view of the order proposed to be passed, it is not necessary to recount in detail the cases of the parties. Suffice it to say that the plaintiff had filed the suit for permanent injunction which had been decreed by the trial Court and Title Appeal No. 28 of 1994 was filed by the Sarpanch, Dunguripalli Grama Panchayat, in his official capacity, who had been arrayed as defendant No. 3. It appears that the said Title Appeal was barred by limitation and a petition for condonation of delay had been fiied. From the order dated 3.10.1994 passed by the lower appellate Court, it appears that the appellate Court directed that the petition under Order 41, Rule 4-A, C.P.C. read with Section 5 of the Limitation Act shall be considered after appearance of the respondents. Even though delay had not been co...
Tag this Judgment!Debaki Sahu and ors. Vs. Administrator, Sri Jagannath Temple and ors.
Court: Orissa
Decided on: Jan-15-2000
Reported in: 2001ACJ1972; 2000(I)OLR363
P.K. Misra, J.1. The claimants have filed this appeal claiming higher compensation. The appellants are the widow, minor children and mother of deceased Batakrushna Sahu. The deceased was travelling in a Trekker bearing registration number OSU-8428 belonging to present respondent No. 2. While the Trekker was proceeding from Bhadrak towards Chhatia, the Bus bearing registration number OSP-1843 belonging to respondent No. 1 came from opposite direction and dashed against the Trekker, as a result of which the Trekker was dragged to a considerable distance. The deceased died on account of the impact. Application was filed claiming compensation of rupees three lakhs.2. The owner of the Trekker did not contest the proceeding. The owner of the Bus filed written statement claiming that the accident occurred due to negligence of the driver of the Trekker. The two Insurance Companies of the two vehicles filed written statements denying in general the allegations.3. The Claims Tribunal found that ...
Tag this Judgment!Debaki Sahu and ors. Vs. Administrator, Sri Jagannath Temple Puri and ...
Court: Orissa
Decided on: Jan-15-2000
Reported in: II(2002)ACC602
P.K. Misra, J.1. The claimants have filed this appeal claiming higher compensation. The appellants are the widow, minor children and mother of deceased Batakrushna Sahu. The deceased was travelling in a Trekker bearing registration No. OSU 8428 belonging to the present respondent No. 2. While the Trekker was proceeding from Bhadrak towards Chhatia, the bus bearing registration No. OSP 1843 belonging to respondent No. 1 came from opposite direction and dashed against the Trekker, as a result of which the Trekker was dragged to a considerable distance. The deceased died on account of the impact. Application was filed claiming compensation of Rs. 3,00,000/-.2. The owner of the Trekker did not contest the proceeding. The owner of the bus filed written statement claiming that the accident occurred due to negligence of the driver of the Trekker. The two insurance companies of the two vehicles filed written statements denying in general the allegations.3. The Claims Tribunal found that the ac...
Tag this Judgment!Shanina Begum Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-14-2000
Reported in: 2000CriLJ1214; 2000(I)OLR301
P.K. Misra, J.1. This petition seeking for a writ of Habeas Corpus has been filed by the wife of the detenu. The order of detention Under Section 3 of the National Security Act, 66 of 1980 (for short, the 'Act') was passed by the District Magistrate, Cuttack, on 26.4.1999 while the detenu was already in jail custody. The said order was served on the detenu on 27.4.1999 and the grounds of detention were served on 30.4.1 999. The State Government approved of the order of detention by order dated 6.5.1999 and the same was forwarded to the Central Government by letter dated 13.5.199. Representations were made by the detenu to the State Government as well as the Central Government on 13.5.1999. The State Government rejected the representation on 29.5.1999 and the Central Government rejected the representation on 22.6.1999. Such orders rejecting the representations were subsequently communicated.2. The order of detention has been challenged, inter alia, on the following grounds :(i) The orde...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd. Vs. Basanta Kumar Saho ...
Court: Orissa
Decided on: Jan-13-2000
Reported in: (2000)IILLJ1239Ori
ORDERR.K. Patra, J.1. This appeal filed on behalf of the Divisional Manager, Oriental Insurance Company Limited under Section 30 of the Workmen's Compensation Act, 1923 (in brief 'the Act') is directed against the order dated August 8, 1994 of the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No. 390-D of 1992. By the impugned order the Commissioner has directed the appellant to pay a sum of Rs. 50,415/- as compensation to respondent No. 1.2. It may be noted that the Commissioner earlier by order dated April 14, 1993 fixed the compensation payable to respondent No. 1. The said order was challenged by the appellant in M. A. No. 328 of 1993. This Court by order dated May 18, 1994 set aside the order of the Commissioner dated April 14, 1993 and remitted the matter to him for fresh disposal with certain observation and direction. The concerned parties were directed to appear before the Commissioner on a particular date. The appellant, howev...
Tag this Judgment!Rabindranath Bhuyan Vs. State and ors.
Court: Orissa
Decided on: Jan-13-2000
Reported in: 2000(I)OLR368
ORDER1. We have heard Shri S. K. Ray for the petitioner and learned Addl. Government Advocate for opposite parties.2. The petitioner retired from Government service as Addl. District and Sessions Judge, Sambalpur on 31.10.1998 on superannuation after completing age of 58 years as per the Home Department's Notification No. 65056 dated 26.10.1998. In this writ petition, he seeks quashing of the aforesaid Government notification and claims that he shall be deemed to be continuing in service till he attains the age of 60 years.3. Learned counsel for the petitioner contended that there was no adverse entry in his C.C.R. nor was it communicated at any point of time, and as such, he should be given the benefit of the increase of the retirement age upto 60 years.4. We have duly considered the aforesaid contention, but we do not find any merit in it. It may be noted that mere absence of adverse remark against a judicial officer does not automatically entitle him to get the benefit of the enhanc...
Tag this Judgment!Bhargabi Devi Vs. State of Orissa and Five ors.
Court: Orissa
Decided on: Jan-13-2000
Reported in: 2000(I)OLR668
ORDER1. Heard. A suo motu ceiling case under the provisions of the Orissa Land Reforms Act being O.L.R. Case No. 305 of 1975 was initiated by the Tahasildar. Jaipatna in the district of Kalahandi exercising powers of Revenue Officer for determining ceiling area of opp. party No. 5, namely, Srimukha Behera. In the said ceiling proceeding opp. party No. 5, Srimukha Behera, claimed that his mother, the original writ petitioner (since deceased) and his married daughter were entitled to two separate ceilings. It was claimed that there was a partition prior to the appointed date between the mother and opp. party No. 5 and the mother was enjoying the land allotted to her remaining in separate cultivating possession. By judgment and order dated July 29. 1976 the Tahasildar. Jaipatna accepted the plea that Bhargabi Devi, the original writ petitioner was entitled to a separate ceiling, but disallowed the claim of separate ceiling in favour of the daughter of opp. party No. 5. Opp. party No. 5 fi...
Tag this Judgment!Bairagi Charan Sethy Vs. Kangali Behera (Died) and ors.
Court: Orissa
Decided on: Jan-11-2000
Reported in: AIR2000Ori83; 89(2000)CLT633
ORDERP.K. Misra, J.1. The plaintiff has sought for review of the decision dated 26th August, 1993, in Second Appeal No. 351 of 1983.2. T.S. No. 151/75 was filed by the present petitioner for specific performance of contract on the allegation that there was an oral contract for sale on 7-10-1974 between him and defendant No. 2, an agnatic relation and defendant No. 1 who is the husband of Defendant No, 2 and out of the consideration amount a sum of Rs. 100/-had been paid to Defendants 1 and 2 but no receipt had been obtained as Defendants 1 and 2 were relations. It was further claimed that subsequently, Defendant No. 3 purchased the disputed property on 5-11-1974 from Defendants 1 and 2 in spite of being aware of the earlier oral agreement.3. Defendants 1 and 2 filed a joint written statement supporting the case of the plaintiff. Defendant No. 3 filed a separate written statement denying the alleged oral agreement. He took the plea that he was a bona fide purchaser of the property for v...
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