Orissa Court March 2000 Judgments
Powmex Steel Ltd. Vs. Gopal Krishna Chand and ors.
Court: Orissa
Decided on: Mar-31-2000
Reported in: II(2000)ACC553; 2001ACJ1942; 89(2000)CLT813
P.K. Misra, J.1. This appeal has been filed by the owner under Section 173 of the Motor Vehicles Act, challenging the award of the Claims Tribunal directing payment of Rs. 1,00,000 as compensation to the claimant-respondent Nos. 1 and 2.A cross-objection has been filed by the claimants claiming higher compensation.2. The accident occurred on 9.4.1996. The claimants are the parents of deceased Byomakesh who was a student of Plus II. The Claims Tribunal has found that the accident occurred due to negligent driving of the vehicle belonging to the present appellant.3. Though the learned counsel appearing for the appellant has challenged the finding regarding negligence of the driver of the vehicle, on a careful perusal of the judgment of the Tribunal as well as materials on record, such contention cannot be accepted. The finding is based on discussion of relevant materials on record. Moreover, the driver of the offending vehicle having not been examined, adverse inference is to be drawn ag...
Tag this Judgment!Hari Basudev Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-30-2000
Reported in: AIR2000Ori125
R.K. Patra, J. 1. The plea of the petitioner that the election petition challenging his election as Sarpanch is not maintainable having been rejected by the learned Civil Judge (Junior Division), Berhampur in the order dated 30-5-1999 at Annexure-1, he has come up with this writ petition for quashing of the same. 2. Factual Matrix : For the election to the office of the Sarpanch, Kaluapalli Grama Panchayat the petitioner and opposite party No. 4 filed their nominations which were duly accepted. On 18-12-1996 the opposite party No. 4 filed M.J.C. No. 257 of 1996 in the Court of Civil Judge (Junior Division), Berhampur praying for rejection of the nomination paper of the petitioner. The said case was dismissed on 13-2-1997. In the meantime, i.e. on 14-1-1997 the election was held. On 21-1-1997 opposite party No. 4 filed M.J.C. No. 14 of 1997 praying for declaration that the petitioner was disqualified to contest the election. The allegation was that there was rigging of votes and casting...
Tag this Judgment!Nabaghana Mohanty and ors. Vs. Dwarikanath Tripathy and anr.
Court: Orissa
Decided on: Mar-30-2000
Reported in: 89(2000)CLT809; 2001CriLJ2753
ORDERP.V. Tripathy, J.1. None appears for the opposite party. Learned counsel for the petitioners is present.2. Heard.3. Order dated 23-6-1997 in Criminal Misc. Case No. 545 of 1997 of the Court of Executive Magistrate is under challenge in this revision. Initially, that proceeding was initiated under Section 144, Cri. P.C. at the instance of the 1st party members who are the petitioners in this revision. The opposite party members are the 2nd party members in that proceeding. After a long drawn discussion, on 23-6-1997, learned Executive Magistrate passed order converting the proceeding to one under Section 145, Cr. P.C. on the ground of existence of apprehension of breach of peace concerning possession of the case land. In the said order learned Magistrate directed the opposite party No. 1 to harvest the standing crop in presence of the Revenue Inspector and to furnish accounts. He passed that order on the basis of finding recorded that prima facie, he found the opposite party No. 1 ...
Tag this Judgment!T. Esseswar Rao Patra Vs. Rusava Mohanty and anr.
Court: Orissa
Decided on: Mar-29-2000
Reported in: 2001CriLJ2774; 2000(II)OLR11
ORDERP.K. Tripathy, J. 1. Heard learned counsel for both the parties.2. The 2nd party member in Misc. Case No. 55 of 1996 under Section 145. Cr.P.C. of the Court of Executive Magistrate. Phulbani has preferred this revision challenging the order dated 31.3.1997 passed by that Court. As it reveals from the certified copy of the impugned judgment and the contention advanced by the parties that the proceeding was initiated under Section 144, Cr.P.C. and thereafter on the prayer of both the parties the same was converted to a proceeding under Section 145. The disputed case land comprises of an area of HC.0.693 vide plot No. 242/2045 of Khata No. 122/12 in Mouza Dadapaju. The 1st party claimed title and possession of that land stating that it is his ancestral property and he is in continuous possession of the same all throughout. The 2nd party advanced Decided on 29th March. 2000. the contention of title and possession by stating that one Gunara Konhar (witness for the 2nd party) being an A...
Tag this Judgment!Soda Soura and anr. Vs. Syama Bisoi and Two ors.
Court: Orissa
Decided on: Mar-28-2000
Reported in: 90(2000)CLT28; 2000(I)OLR554
ORDERP.K. Tripathy, J.1. In spite of issue of notice as per the order No. 7, dated 2.3.1998, the opposite party members have not appeared. Learned counsel for the petitioners is present and ready to argue.2. Heard.3. The 2nd party members in Criminal Misc. Case No. 14 of 1997, a proceeding under Section 145, Cr.P.C. of the Court of Sub divisional Magistrate, Nowrangpur (in short 'S.D.M.') have preferred this revision against the order relating to passing of preliminary order under Section 145(1) Cr.P.C, appointment of receiver for the standing crop and attachment of the disputed case land under Section 146(1), Cr.P.C. The disputed case land are some of the plots out of Khata No. 174 in village Sagarmunda. Learned counsel for the petitioners argues that learned S.D.M. passed the aforesaid order relying upon the report submitted by the A.S.I, of Police, Dongerbheja Out Post through the I.I.C., Nowrangpur Police-station and that in that report the A.S.I, has clearly mentioned that the dis...
Tag this Judgment!Sri Dhirendranath SwaIn Vs. Hadi Raul
Court: Orissa
Decided on: Mar-28-2000
Reported in: 90(2000)CLT3; 2001CriLJ1998; 2000(I)OLR557
ORDERP.K. Tripathy, J.1. Learned counsel for the petitioner is present. None appears for the opposite party.2. Heard learned counsel for the petitioner and the revision is disposed of in the following manner :Petitioner is 2nd party member in Crl. Misc. Case No. 629/96 of the Court of Sri. B.P. Sarangi, Executive Magistrate. Bhubaneswar. That proceeding was initiated under Section 144, Cr.P.C. as per order dated 17.12.1996. Both the parties in that proceeding claimed right and possession over the disputed case land. On 3.2.1997 learned Executive Magistrate heard argument and on 25.2.1997 passed the impugned order directing the parties to maintain status quo and not to change the nature and character of the suit until the matter is decided by the competent Civil Court.3. Learned counsel for the petitioner rightly argues that with the expiry of the period of two months from the date of initiation of the proceeding under Section 144, Cr.P.C. the prohibitory order was no more enforceable n...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd. Vs. Pramilabala Jena a ...
Court: Orissa
Decided on: Mar-28-2000
Reported in: II(2000)ACC195; 2001ACJ964; 89(2000)CLT728
P.K. Misra, J. 1. The insurance company has challenged the award passed by the Second Motor Accidents Claims Tribunal, Berhampur.2. Two contentions have been raised. It is stated that the quantum assessed by the Claims Tribunal is on the higher side. Keeping in view the decisions of the Apex Court in Narendra Kumar v. Yarenissa 1998 ACJ 244 (SC) and Shankarayya v. United India Insurance Co. Ltd. 1998 ACJ 513 (SC), the insurance company is not entitled to challenge the quantum. Moreover, on assessment it appears that reasonable conclusion has been reached by the Claims Tribunal. It has applied the multiplier indicated in the Schedule. Though there may be some scope for arguing that the multiplier would have been slightly lower, either 15 or 16, it appears that the Claims Tribunal has not considered the future prospects while considering the income of the deceased. The deceased was appointed as a clerk in a college and there cannot be any doubt that he would have earned higher scale of p...
Tag this Judgment!Gem Corporation of Orissa Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-27-2000
Reported in: AIR2000Ori127
P.K. Mohanty, J. 1. The petitioner a public limited company and is a sub-lessee under the Orissa Mining Corporation (in snort 'O .M. C.'), has challenged the impugned notice dated 24-9-1999, copy of which is annexure-2 and prays for a direction to the opp. party No. 2 to permit the petitioner-company to lift stock lying in the mining area after making necessary payment of royalty and commission as provided under the sublease. 2. The short facts of the petitioner's case is that for Ruby (Gem stone) over an area of 35.686 hectares in village Jullingdher of Kalahandi district, a mining lease was granted in favour of the O.M.C. by the State Government and by letter dated 11-12-1991, the State Government also permitted the O.M.C. to sub-lease the mining lease in favour of the petitioner to the terms and conditions approved by the State Government. Pursuant to the lease agreement dated 1-10-1990 executed by the State Government in favour of the O.M.C. for a period of ten years from the date ...
Tag this Judgment!Nu Calcutta Construction Company Vs. National Aluminium Company Ltd. a ...
Court: Orissa
Decided on: Mar-27-2000
Reported in: AIR2000Ori186
P.K. Mohanty, J.1. The petitionercalls is question the action of opp. party No. 1, National Aluminium Company Ltd. and its official in awarding the contract in favour of the Associated Cement Company Ltd. (Opp. party No. 3) and prays for quashing the award of contract in favour of said opp. party No. 3 and for a direction to issue the work order in favour of the petitioner-firm.2. The short fact of the petitioner's case is that, it is a registered partnership firm engaged in the business of Refractory insulation, guaniting, acid/alkali proof lining exposy etc. The opp. party No. 1 sent its tender papers to the petitioner on 17/19-6-99 on 'Limited Tender' basis because of its reputation and experience in the required work, requesting it to submit its sealed offer for 'Repair and modification work of Refractory of Calciner Aand B' for shut downs. The tender was to be submitted on or before 9th July, 1999 by 14.30 hours and the tender was to be opened at 15.00 hours of 9-7-99. The bidders...
Tag this Judgment!Land Acquisition Officer Vs. Somanath Gouda
Court: Orissa
Decided on: Mar-27-2000
Reported in: 2000(I)OLR520
P.K. Misra, J.1. The Land Acquisition Officer. Koraput. has filed this appeal under Section 54 of the Land Acquisition Act against the order dated 26.3.1991 passed by the subordinate Judge, Gunupur, in M.J.C. No. 27 of 1989 (23/85).2. Land of the respondent was acquired for 'Construction of Rehabilitation Colony for housing of flood affected people of Gunupur' by virtue of Notification dated 10.12.1980. The Land Acquisition Collector awarded compensation on 15.9.1981. On the basis of application of the respondent, the matter was referred to the Civil Court under Section 18 of the Land Acquisition Act. Thereafter, the subordinate Judge, Gunupur, has fixed compensation at the rate of Rs. 40.000/- per acre. In fact, against such award of the subordinate Judge, Gunupur, dated 27.9.1988, no appeal had been filed by the State. Subsequently, the claimant filed an application for correction of the judgment relating to payment of interest and by order dated 26.3.1 991, the subordinate Judge dir...
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