Orissa Court October 2002 Judgments
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Sailabala Pradhan Vs. Land Acquisition Zone Officer and ors.
Court: Orissa
Decided on: Oct-09-2002
Reported in: 94(2002)CLT778
B. Panigrahi, J.1. This is an appeal under Section 54 of the Land Acquisition Act filed by one Sailabala Pradhan challenging the judgment and order passed by the learned Civil Judge, Senior Division, Angul in a Land Acquisition Misc. Case No. 144 of 1993 rejecting the appellant's prayer for higher compensation. 2. The appellant and respondents 2 to 13 were the owners of Ac. 08.14 decimals of land of village Luhamunda. Those lands were acquired by Notification No. 469 dated 27.3.1989 for construction of Talcher-Sambalpur Train line. The compensation amount was determined by the Land Acquisition Collector. But the appellant and respondents 2 to 13 questioned the award on the ground of inadequate compensation, Therefore, the matter was referred to the Civil Court for determining the compensation. Although, thematter was referred on 6.5.1993, but neither party took effective steps in the Referral Court, as a result of which the learned Judge did not find any other way than to dismiss the a...
Land Acquisition Officer Vs. Kapila Paikray
Court: Orissa
Decided on: Oct-09-2002
Reported in: 95(2003)CLT186
B.P. Das, J.1. This is an appeal under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') by the Land Acquisition Officer, Puri, challenging the award dated 28.2.1997 passed in L. A. Misc. Case No. 315 of 1994 by which the Civil Judge (Sr. Divn.), Bhubaneswar granted compensation for the acquired land of the respondent-land oustee at a rate of Rs. 4,00,000/- per acre along with other statutory benefits, such as, 12% additional compensation under Section 23, 30% solatium under Section 23(2) and interest at the rate of 9% per annum for the first year and 15% per annum for the subsequent years, till actual payment is made, as provided under Section 28 of the Act.2. Consequent upon publication of the notification under Section 4(i) of the Act in the Orissa Gazette on 11.1.1984 the State Government acquired several plots of land indicated therein including plot No. 125 under Khata No. 2 with an area of Ac. 0.501 in Mouza Bharatpur under Bhubaneswar P.S. in Puri district belon...
Jhunu @ Chuni Tanti Vs. Kishore Tanti and ors.
Court: Orissa
Decided on: Oct-09-2002
Reported in: (2003)IILLJ378Ori
B. Panigrahi, J.1. Judgment and decree passed by the Learned Judge, Family Court, Rourkela dated May 15, 1999 and August 2, 1999 respectively declaring Respondent No. 1 to be the legally married wife of late Puranlal Tanti are under challenge in this Appeal.2. The essential facts leading to this Appeal are as follows:The case has suffered a chequered career. Respondent No. 1 as plaintiff in the Original Suit before the Learned Judge, Family Court, Rourkela claimed to be the wife of late Puranlal Tanti. It has been averred in the plaint that her marriage with Puranlal was solemnised under Hindu Vedic rituals and ceremonies in the year, 1982 at the parental abode of the plaintiff-Respondent No. 1 at Barasad in the district of Sambalpur. Immediately following such marriage it was consummated at Bondamunda in the district of Sundargarh. Out of their lawful wedlock a daughter named Goumi Tanti was born, but unfortunately she expired in the year 1989. Respondent No. 1's husband was working a...
Smt. Sanjukta Mohanty Vs. Mullah Mahammed Rahaul Amin
Court: Orissa
Decided on: Oct-09-2002
Reported in: 2003(I)OLR219
B.P. Das, J.1. Even though notice was issued to the opposite party by registered post with A.D., the same is returned back with an endorsement that the addressee refused to accept the same. The service of notice on the opposite party is treated as sufficient.2. This revision application is directed against an order passed by the Civil Judge (S.D.), Jajpur in Title Suit No. 212 of 1995 rejecting the petitioner's application under Order 6, Rule 17, C.P.C. wherein.3. The brief facts leading to this revision are as follows:The plaintiff, Sanjukta Mohanty (petitioner herein) filed a suit for a decree for specific performance of contract as against the present opposite party with the following relief :'(a) A decree for specific performance of the contract be passed, directing the defendant to transfer the ownership of the bus bearing registration No. OR-04-4989 in favour of the plaintiff as per M.V. Rules on receipts of the balance consideration of Rs. 1,00.000/- from the plaintiff, failing ...
State of Orissa and anr. Vs. Balabhadra Pujapanda and ors.
Court: Orissa
Decided on: Oct-08-2002
Reported in: 95(2003)CLT256; 2003(I)OLR255
R. K. Patra, J.1. By this petition under Articles 226 and 227 of the Constitution of India the State of Orissa seeks to assail the validity of the common order dated 18.7.1998 (Annexure-5) passed by the Division Bench of the Orissa Administrative Tribunal, Bhubaneswar allowing the original applications filed by opposite parties 1 to 20 and declaring that they should be allowed to continue in the posts of Teacher Educator in which they had joined pursuant to the direction given to them in their appointment orders dated 31.5.1997.2. Facts leading to filing of original applications by opposite parties 1 to 20 before the Orissa Administrative Tribunal are indicated hereunder :The Director, Teacher Education and S.C.E.R.T., Orissa published an advertisement in the daily 'Sambad' dated 27.2.1997 inviting applications for filling up 32 posts of Teacher Educator in different District Institutes of Education and Training (D.I.E.Ts.) of the State. Master's Degree in Education was the essential q...
Ratri Parjuni Vs. S.K. Pradhan and anr.
Court: Orissa
Decided on: Oct-07-2002
Reported in: I(2003)ACC428; 2004ACJ1242; AIR2003Ori60; 94(2002)CLT785
B.P. Das, J. 1. The petitioner in this revision application has challenged the order dated 1.12.2001 passed in M.J.C. No. 2 of 2001 by which the 1st Motor Accident Claims Tribunal, Koraput at Jeypore, has dismissed the petition filed by the claimant with a prayer for setting aside the order passed by it dismissing M.J.C. No. 106 of 1997, and for restoration of the same to file for disposal in accordance with law.2. The facts necessary for disposal of this revision application are stated thus : The present petitioner filed an application under Section 166 of the Motor Vehicles Act, 1988 before the 1st M.A.C.T., Koraput at Jeypore, claiming compensation for the death of her husband through an advocate named Shri Rajendra Panda. The aforesaid application which was registered as M.J.C. No. 106 of 1997 was posted to 24.8.2000 for hearing. On the aforesaid date, the counsel appearing for the claimant filed a memo, stating therein that the claimant did not intend to proceed with the case. Acc...
Jayanath Oram Vs. State of Orissa
Court: Orissa
Decided on: Oct-07-2002
Reported in: 2002(II)OLR636
B. Panigrahi, J.1. This appeal is against the order of conviction and sentence passed by the learned Sessions Judge, Sundargarh in S.T. No. 95 of 1989 under Section 302, IPC directing the appellant to undergo rigorous imprisonment for life.2. The prosecution case as unfolded during trial, is as follows : P.W. 1, the son of the deceased lodged an information at the Sundargarh Sadar Police Station by stating that on 8.2.1989 in the evening at about 7.00 P.M. the informant (P.W. 1) and his younger brother (P.W.3) had set out for village Chengbernapara to attend a marriage function of one of their relations. At the time when they went out from the house, they had noticed the appellant in the company of their mother, the deceased. In the night they did not return. On the following morning when both the brothers returned they found that their front door had been locked and the keys had been placed on the wall. P.W. 1 opened the lock, entered inside the house and noticed that the door of the ...
Regional Manager, Oriental Insurance Co. Ltd. Vs. Bendi Venkata Rao an ...
Court: Orissa
Decided on: Oct-04-2002
Reported in: I(2003)ACC249; 2004ACJ820
A.S. Naidu, J. 1. Miscellaneous Appeal No. 390 of 1996 has been filed under Section 173 of the Motor Vehicles Act by the Regional Manager, Oriental Insurance Co. Ltd. impugning the judgment passed in M.A.C. No. 22 of 1994 (396 of 1993) by the Second M.A.C.T. (S.D.), Berhampur dated 17.4.1996 mainly on the ground that the driver of the offending vehicle did not possess a valid or effective driving licence on the date of the accident. According to Mr. Das, learned counsel for the appellant, since the vehicle was being driven by a person without having a valid driving licence and was thus not authorised to drive the vehicle when the accident occurred, the insurance company is not liable to pay any compensation and it is a fit case where the appeal should be allowed and the impugned judgment should be set aside.Miscellaneous Appeal No. 427 of 1996 has been filed challenging the very same judgment as impugned in the aforesaid Miscellaneous Appeal No. 390 of 1996 on the ground that the Claim...
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