Orissa Court October 2000 Judgments
Chenna Jyothirmayi and ors. Vs. Third Motor Accident Claims Tribunal a ...
Court: Orissa
Decided on: Oct-19-2000
Reported in: III(2002)ACC633
P.K. Misra, J.1. Notice by affixture on refusal of opposite party No. 3 is treated as sufficient. In spite of notice, there is no appearance on behalf of opposite party Nos. 2 and 3. Heard Mr. S.C. Sahu for the petitioners and learned Addl. Government Advocate for opposite party No. 1.2. This writ application is directed against the order dated 31,1.2000 passed by the Third Motor Accident Claims Tribunal, Bhubaneswar, calling upon the claimants to disclose the place of issue of the driving licence. In a claim case, the primary liability is of the owner of vehicle and when the vehicle is insured, the liability is to be discharged by the Insurance Company keeping in view the provisions contained in Sections 147 and 149 of the Motor Vehicles Act, 1988. Section 149 of the Motor Vehicles Act contemplates the circumstances under which the Insurance Company can claim exemption from liability. Under Section 149(2) of the Motor Vehicles Act, lack of driving licence on the part of driver of the ...
Tag this Judgment!Smt. Ambika SwaIn Vs. Additional Commissioner of Settlement and Consol ...
Court: Orissa
Decided on: Oct-18-2000
Reported in: 91(2001)CLT204; 2001(I)OLR205
P.K. Misra, J.1. This writ application is directed against the decisions passed by the Consolidation authorities including that of the revisional authority as per Annexure-7.2. For resolving the dispute raised in the present writ application, it is not necessary to notice the entire genealogy. Ranka, the natural son of Mana was admittedly adopted to Nidhi. The petitioner and present opposite party No. 13 are the daughters of Ranka, whereas opposite party No. 3 is the surviving son. Opposite parties 9 to 12 are the successors-in-interest of Hadibandhu, the other son of Ranka. Poka was the widow of Ranka. The dispute raised in this writ application is confined to the property of Ranka. There is no dispute that after death of Ranka, his properties are to be inherited by his widow Poka, two sons and two daughters, as described above. On the death of first son, obviously his share in the property has devolved upon the opposite parties 9 to 12. The petitioner claimed that the properties desc...
Tag this Judgment!Harsa Majhi and ors. Vs. Purna Chandra Majhi and ors.
Court: Orissa
Decided on: Oct-18-2000
Reported in: 2000(II)OLR653
P.K. Misra, J.1. This writ application is directed against the revisional order passed by the Commissioner in a consolidation proceeding.2. The undisputed genealogy is as follows : Sukru (dead) ___________________________________________________ | | | Tirtha (dead) = Markanda (dead) Khandia (died issuless) | | Dasarath = ______________ Kausalya | | | Bidyadhar Madan(dead) Ghaisan (dead) | | ____________ Rama Chandra | | (dead) Dhaneswar Jogeswar | =Raibari Harsa It is not disputed that Rahi the widow of Tirtha, Kausalya the widow of Dasarath and Ghaisan the son of Dasarath and Kausalya have died. However, there is no evidence nor any finding relating to the date of death of Kausalya or Rahi, the last two female owners. It is also not disputed that the property in question had been sold by Rahi and Kausalya to the predecessors-in-interest of the present opposite parties 1 to 9.3. Objections were filed by the persons representing the branch of Markanda on the ground that the alienatio...
Tag this Judgment!Sankar Bag Vs. State of Orissa
Court: Orissa
Decided on: Oct-17-2000
Reported in: 91(2001)CLT518; 2001(I)OLR183
R.K. Patra, J.1. The appellant stands convicted under section 302, I. P. C. and sentenced to undergo rigorous imprisonment for life for committing the murder by intentionally causingthe death of his father-in-law Pankaj Nag. He has also been convicted under section 307, I. P. C. and sentenced to undergo rigorous imprisonment for five years for having attempted to commit the murder of his mother-in-law Urmila and under section 323 I. P. C. for having voluntarily caused hurt to his sister-in-law Srimati and sentenced to undergo rigorous imprisonment for three months; all the sentences are to run concurrently,2. Briefly stated the case of the prosecution is that the appellant was earning his livelihood by pulling rickshaw and was staying at Panitanki Jhumpudi, Sector-7, Rourkela. His father-in-law Pankaj Nag (hereinafter referred to as 'the deceased') was staying in the same locality with members of his family. The appellant most of the time was taking liquor and was quarrelling with and ...
Tag this Judgment!idl Industries Ltd. and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-16-2000
Reported in: [2004]134STC62(Orissa)
P.K. Misra, J.1. This batch of writ petitions has come up before this Full Bench on being referred by different division Benches. O.J.C. No. 9087 of 1997 was the first case to be so referred. The question formulated by the division Bench is as follows :'Whether there can be any direction for grant of interest in a case where reassessment has been directed, notwithstanding the fact that reassessment has not been completed in view of provisions contained in sections 14 and 14-C of the Act.'Since the other writ petitions are said to involve similar points as O.J.C. No. 9087 of 1997, they were also referred to the Full Bench to be heard along with the said case. It may be stated here that the grievance of the petitioner in O.J.C. No. 9087 of 1997 has already been disposed of by the Full Bench by its order dated April 21, 1998. However, while doing so, the reference has been kept pending. In the order dated April 21, 1998 it has been observed :'The reference is kept pending, not for the pur...
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