Orissa Court May 2002 Judgments
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Oriental Insurance Co. Ltd. and United India Insurance Co. Ltd. Vs. Or ...
Court: Orissa
Decided on: May-15-2002
Reported in: 94(2002)CLT396
B.P. Das, J.1. Both these appeals arise out of a common judgment of the Second M.A.C.T. (N.D..), Sambatpur with the consent of the learned counsel for both sides, they are heard together and disposed of by this common judgment.2. In Misc. Appeal No. 309 of 1999, the Oriental Insurance Co. Ltd. the insurer is the appellant and in M.A. No. 315 of 1999, the United India Insurance Co. Ltd. the insurer is the appellant.3. The brief facts leading to these appeals as revealed from the judgment of the Second Motor Accidents Claims Tribunal (N.D.), Sambalpur is that on 7/8.7.1995 at about 2 A.M., the son of the claimant, Biswajit Bakshi, was returning from Angul in a Tata-Mobile vehicle bearing No. ORO-2-23 II having temporary registration No. NH 12/0724 . He had been to Angul in a marriage party being called for the purpose of video recording of the marriage ceremony. On his way back home along with others, at Sambalpur the vehicle in which he was travelling ramed in the rear portion of a stat...
Banawarilal Agarwalla and anr. Vs. Jeevan Kumar Badu and anr.
Court: Orissa
Decided on: May-15-2002
Reported in: 94(2002)CLT588; 2002(II)OLR165
P. K. Tripathy, J.1. Feeling aggrieved by apportionment of the compensation in MACT Misc. Case No. 169 of 1983 of the Court of Third MACT, Puri, the claimants have filed this appeal challenging the impugned award dated 17.3.1993.2. The parents of the deceased Pabanlal Agrawal filed the said MACT Misc. Case for compensation on the ground that on 15.8.1981 the mini-truck bearing registration No. ORX-2317 being rash and negligently driven caused the accident as a result of which the deceased boy standing by the side of the road suffered instantaneous death. Monthly income of the said deceased was stated as Rs. 1500/- per month and a claim was made for compensation of Rs. 2,65,000/-. Opposite Party No. 1/respondent No. 1 is the owner of that mini-truck and opposite party No.2/respondent No. 2 is the insurer of the mini-truck. In their separate written statements the owner and the insurer of the offending vehicle denied to the allegation of rash and negligent driving by the driver of the mi...
Gurupada Nanda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-14-2002
Reported in: 93(2002)CLT729
Ch. P.K. Misra, J. 1. The petitioners have filed this writ petition challenging the validity of the provisions contained in Clauses (g) (i) and (g) (ii) of Section 3(v) of the Orissa Co-operative Societies (Amendment) Act, 2001 (for short, 'the Amendment Act')2. The petitioners claim to be the elected office bearers of the Central, Apex and National Level Co-operative Societies. Earlier, they had filed a writ petition bearing number O.J.C. 8439 of 2001 challenging the Orissa Co-operative Societies (Amendment) Ordinance, 2001, published in Orissa Gazette Extraordinary dated 03.07.2001,amending certain provisions of Sections 16 and 28 of the Orissa Co-operative Societies Act, 1962 (for short 'the Act'). The specific challenge of the petitioners was to the amendment of Clauses (g) (i) and (g) (ii) of Section 28 (2) of the Act, which were substituted by new Clauses (g) (i) and (g) (ii). Subsequently, the aforesaid ordinance was replaced by the Amendment Act. Therefore, the petitioners with...
Chanchal Rana Vs. State of Orissa
Court: Orissa
Decided on: May-14-2002
Reported in: 94(2002)CLT520
B. Panigrahi, J.1. This appeal portrays a horrendous story that the appellant has killed his own aunt who was his adopted mother (Munga Rana), on 8.11.1993 at about 11 A.M. in village Ratakhandi.2. The facts leading to this appeal are as follows :That the appellant was the nephew of the deceased Munga Rana. The deceased was the wife of Megha Rana. On the date of incident she had gone to the paddy field. P.W. 2, Grama Rakhi of the village having learnt about the incident from Kanduru Sandha and Jabdu Rana that the appellant had killed his own aunt, accordingly, he lodged a written report at the police station on the basis of which a case was registered against the appellant under Section 302 of the Indian Penal Code and investigation was thereafter started. Daitari who was the brother of the appellant, allegedly, informed P.W. 2 that the appellant assaulted the deceased Munga Rana by a Tangia' and killed her. After the report was lodged at the Police Station, P.W. 5, the S.I. of the Pol...
Abani Bhusan Bhanja Vs. Subir Behera and anr.
Court: Orissa
Decided on: May-14-2002
Reported in: 2002(II)OLR451
ORDERB.P. Das, J.1. Heard learned Counsel for the petitioner as well as learned Counsel for the opposite parties. 2. This application has been filed with a prayer to quash the order of cognizance taken in I.C.C. No. 62 of 2001 for the offences under Section 138 of the N.I. Act. 3. The aforesaid order is challenged on the ground that though the cheque was issued on 1.6.1999 and the same was dishonoured on 2.6.1999 and the Pleader's notice was issued on 3.2.2001 which was received by the petitioner on 5.2.2001 and the case was registered on 20.2.2001. 4. According to the learned Counsel for the petitioner this case was filed beyond the period of limitation stipulated under Section 138 read with Section 142 of the N.I. Act. On perusal of the complaint petition which discloses that the cheque in question was issued on 1.6.1999 and the said cheque was presented and which was returned back to the complainant with an endorsement of insufficiency of fund on 2.6.1999. 5. Section 138(b) of the N...
Padma Charan Tripathy Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-14-2002
Reported in: 2002(II)OLR331
Pradip Mohanty, J.1. The petitioner, in this application under Articles 226 and 227 of the Constitution of India, has challenged the validity of the order of the Orissa Administrative Tribunal dated 17.10.1998 dismissing his O.A. No. 3627(C) of 1996 which was directed against the order of his reversion.2. The case of the petitioner, in brief is that, while he was working as Assistant Engineer in-charge of Balimela Electrical Division, a departmental proceeding was initiated against him. The following charges were framed against him :(a) Misconduct; (b) Misappropriation of Government materials. (c) Tampering of Government records. The petitioner submitted his explanation denying the charges levelled against him and stated that he joined as Assistant Engineer, Balimela Electrical Division in July. 1986 and the indents for supplying of materials were merely placed before him for post-facto approval.An Enquiry Officer was appointed to enquire into the charges. On conclusion of the enquiry,...
Binod Biswal Vs. Smt. Tikli @ Padmini Biswal
Court: Orissa
Decided on: May-13-2002
Reported in: 94(2002)CLT183; II(2002)DMC446; 2002(II)OLR70
P.K. Tripathy, J. 1. The respondent-wife filed a petition before the Family Court, Rourkela under Section 13(1)(i)(a) and Section 27 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce and for return of the properties mentioned in the petition, alternatively for payment of a sum of Rs. 40,000/- as the equivalent value of the properties and for a consolidated sum of Rs. 50,000/- as permanent maintenance. The said petition was registered as Civil Proceeding No. 112 of 1996. By judgment and decree dated May 14, 1997 the Family Court, Rourkela dissolved the marriage by granting a decree of divorce, directed to return the properties available with the husband or to pay a sum of Rs. 8,000/- as the value of the goods found to be with the husband and granted permanent alimony @ Rs. 400/- per month. Being aggrieved the husband has filed the present appeal. 2. The case of the wife (respondent herein), inter alia is : She was married to the present appellant on March 2, 1...
Banshidhar Mohanty Vs. Smt. Jyoshnarani Mohanty
Court: Orissa
Decided on: May-13-2002
Reported in: AIR2002Ori182; 94(2002)CLT329; I(2003)DMC270; 2002(II)OLR15
P.K. Tripathy, J.1. Human relationship is based on personal and social bondage but sometimes it shatters due to defection. A matrimonial relationship according to the personal law of Hindus is a sacred, firm but tender relationship. When it cracks because of misunderstanding or dispute between the spouses on any ground provided in the matrimonial law that results in either a decree for restitution of conjugal right, judicial separation or divorce. When that is not adhered to by the parties then claim for maintenance if made is settled either amicably or as per the decision of the Courts on the basis of statutory provisions governing the parties. The present dispute belongs to the latter category.2. The wife/respondent in her mid-fifties in 1995 filed the application for maintenance under the Hindu Adoptions and Maintenance Act, 1956 (in short 'Act, 1956') registered as Civil Proceeding No. 57 of 1995 in the Court of Judge, Family Court, Cuttack. She having been granted maintenance unde...
Dr. Dillip Kumar Das and ors., Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-2002
Reported in: 2002(II)OLR25
P.K. Balasubramanyan, C.J.1. These writ petitions challenge the decision taken by the Health and Family Welfare Department of the Government of Orissa in the form of a Resolution dated 31.8.2001 and the Prospectus for admission to Post-Graduate (Medical) Courses, 2002 in the Government Medical Colleges of Orissa, though in O.J.C. Nos. 13722 of 2001 and 13755 of 2001 the prayer is confined to the quashing of the Resolution. The petitioners in these writ petitions are described as 'in-service' candidates in the sense that they are serving under the Government of Orissa either in the Government Hospitals or in Orissa Government Undertakings. By Annexure-1 Resolution, the Government decided that the common entrance examination which was being conducted for all candidates aspiring to join the Post-Graduate (Medical) Courses should not be insisted upon for the 'in-service' candidates since according to the State, the in-service candidates were not able to fill the quota of seats set apart fo...
Srikanta Kumar Sahu @ Golia Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-10-2002
Reported in: 94(2002)CLT58
A.K. Patnaik, J.1. This is a habeas corpus petition filed by the petitioner challenging the order dated the 10th August, 2001 of the District Magistrate, Cuttack, detaining him in exercise of powers under Sub-section (2) of Section 3 of the National Security Act, 1980 (for short, 'the Act'). In the said order dated the 10th August, 2001, the District Magistrate, Cuttack, has stated that he was aware that the petitioner was present in custody and lodged in the Circle Jail, Cuttack at Choudwar, in connection with Malgodown P.S. Case No. 80 dated 31.7.2001 and has further stated that the nature of the case in which he was remanded to custody is such that he is very likely to be released on bail in near future. Along with the said order dated the 10th August, 2001, the grounds of detention were served on the petitioner in which various instances of the petitioner resorting to anti-social activities have been indicated.2. It has been stated that on 31.7.2001, he and his associates armed wit...
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