Orissa Court November 2002 Judgments
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Brahman Nijog, Vs. Badu Nijog and ors. and
Court: Orissa
Decided on: Nov-01-2002
Reported in: AIR2003Ori64; 94(2002)CLT755
L. Mohapatra, J.1. All the three appeals have been filed against a reversing judgment. In second appeal No. 260 of 2002 the appellant and the respondent No. 10 are the plaintiffs who had filed Title SuitNo. 166/91 (I) subsequently re-numbered as Title Suit No. 262/95. Respondents Nos. 7 and 8 in Second Appeal No. 255/2002 who are appellants in Second Appeal No. 268/2002 had filed Title Suit No. 314/91 in the court of the learned Sub-Judge, Bhubaneswar. Title Suit No. 166/91 by order of this Court was transferred to the Court of the Sub-Judge, Bhubaneswar to be heard along with T.S. No. 314/91 in Civil Revision No. 272/92 and accordingly the said suit was renumbered as Title Suit No. 262/95 in the court of the learned Civil Judge (Senior Division), Bhubaneswar. Both the suits were heard together and in a common judgment the suits were decreed in part. Challenging the same defendant Badu Nijog filed two Title Appeals and both the appeals having been allowed in a common judgment the afore...
Divisional Manager, New India Assurance Co. Ltd. Vs. Subhagini Seth an ...
Court: Orissa
Decided on: Nov-01-2002
Reported in: II(2003)ACC315; 95(2003)CLT230
Pradipta Ray, J.1. On May 27, 1998 there was an accident between a Mini Truck bearing registration No. OR-15-5756 and a Dumper. One Ramesh Seth was critically injured in the accident and ultimately succumbed to his injuries in the hospital on May 29, 1998. His widow and two children filed application for compensation before the 2nd. Motor Accident Claims Tribunal, Sambalpur, claiming that deceased Ramesh was the helper of the Mini Truck. In the said claim case the claimant filed application under Section 140 of the Motor Vehicles Act (in short, 'the Act') for interim compensation. By judgment and order dated April 15, 2000, the Tribunal granted interim compensation of Rs. 50,000/- to be equally shared by the Insurer of the Mini Truck and the Dumper. New India Assurance Company, the Insurer of the Dumper has filed this appeal against the aforesaid interim award dated April 15, 2000. 2. Mr. P. Ray, Learned Counsel for the Appellant - Insurance Company has strenuously urged that the Insur...
Prafulla Kumar Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-01-2002
Reported in: 95(2003)CLT658; 2003(I)OLR91
A.K. Patnaik, J. 1. The case of the petitioner as stated in the writ petition is that he was appointed as Library Attendant on 8.11.1985 by the Governing Body of Kunja Bihari College, Barang in the district of Khurda which is an educational institution aided by the Governmentof Orissa. Pursuant to the said appointment, he joined as Library Attendant on 8.11,1985 and worked as Library Attendant. His appointment as Library Attendant was also approved by the Director of Higher Education, Orissa and grant-in-aid was released in his favour with effect from 1.6.1991. By a resolution of the Governing Body of the said college adopted on 5.6.1996 the petitioner was promoted to the post of non-graduate Librarian (Junior Librarian) with effect from 1.6.1987 in the vacancy of Smt. Sarojini Mohapatra who was promoted to the post of Graduate Librarian with effect from 1.6.1987. The case of the petitioner for appointment/promotion to the post of Junior Librarian was sent to the Director, Higher Educa...
Rakhal Chandra Kanungo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-01-2002
Reported in: 2003(I)OLR112
L. Mohapatra, J.1. Plaintiff is the appellant against, a confirming judgment.2. Case of the plaintiff is that he joined as L.D.Clerk on 21.6.1965 in the Court of the Special Railway Magistrate, Cuttack. On 5.6.1969 the Special Railway Magistrate Court was shifted from Cuttack to Khurda Road and accordingly the appellant also being attached to the Court worked at Khurda. In the year 1978 the C.J.M., Puri in course of inspection of some records found certain irregularities in maintenance of the records relating to deposits and accounts. Nine years thereafter, a departmental proceeding was initiated against the appellant and Sri R.N. Chatterji, the then C.J.M., Puri was appointed as the Enquiring Officer by the District Judge, Puri. On completion of enquiry the Enquiring Officer found the plaintiff-appellant guilty of five charges out of six and submitted report to the District Judge. Thereafter, the plaintiff was called upon to show-cause as to why major penalty shall not be imposed on h...
Rabinarayan Moharana Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-01-2002
Reported in: AIR2003Ori93
A.K. Patnaik, J.1. The petitioner was a lawyer practising in the Rourkela Bar. In response to an advertisement, he applied for the post of President, District Consumer Redressal Dispute Forum, Sundergarh-II, Rourkela. By a notification dated 30-9-2000 of the Government of Orissa, Food, Supplies and Consumer Welfare Department and by a letter dated 30-9-2000 of the said department of the Government of Orissa, the petitioner was appointed as President, District Consumer Redressal Dispute Forum, Sundergarh-II, Rourkela. He assumed charge as President of District Consumer Redressal Dispute Forum, Sundergarh-II, Rourkela and started working as such. By another order dated 24-11-2000 of the Government of Orissa, Food, Supplies and Consumer Welfare Department, the petitioner was appointed as President, District Consumer Redressal Dispute Forum, Sundergarh-I in addition to his own duties as President, District Consumer Redressal Dispute Forum, Sundergarh-II, Rourkela. One Shri Ashwini Kumar Ka...
Kanhaiyalal Agarwal Vs. State
Court: Orissa
Decided on: Nov-01-2002
Reported in: 2002(II)OLR661
A.S. Naidu, J.1. This appeal has been filed challenging the order of conviction passed by the Sessions Judge-cum-special Judge. Sundargarh under Section 7 of the Essential Commodities Act and sentencing the appellant to undergo simple imprisonment for six months and to pay a fine of Rs. 200.00 in default to undergo simple imprisonment for one month more.2. On the basis of a prosecution report submitted by the Market Intelligence Inspector, Uditnagar, Rourkela, 2 (c) CC No. 6 of 1984 was initiated against the appellant which was subsequently converted to T.R. No. 6 of 1984 and was tried by the Sessions Judge-cum-Special Judge, Sundargarh. Bereft of all unnecessary details, the allegations levelled against the appellant in the prosecution report are that on 23.11.1983, the Market Intelligence Inspector along with the Additional Civil Supply Officer and other Civil Supply executive staff checked the stock and accounts of Baby Food available with the appellant. Admittedly the appellant was...
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