Orissa Court May 2002 Judgments
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Land Acquisition Zone Officer Vs. Jatri Dehury and anr.
Court: Orissa
Decided on: May-10-2002
Reported in: 2002(II)OLR92
A.S. Naidu, J.1. What is sought to be challenged in this First Appeal is the amount of compensation awarded by the then Subordinate Judge, Angul in Land Acquisition Misc. Case No. 23 of 1987 on the ground that the learned Court below failed to appreciate the geographical situation of the acquired land vis a-vis the lands involved in First Appeal Nos. 293/88 and 57/ 90, and also acted illegally and with material irregularity in awarding separate compensation for the trees.2. By Notification published in the Orissa Gazette No. 1691 dated December 20, 1985, Ac.0.54 decimals of land situated in village Ranigoda Jungle belonging to the claimants was acquired along with some other lands for the purpose of construction of Talcher-Sambalpur Rail Link. The Land Acquisition Officer fixed compensation for the land acquired at the rate of Rs. 20,000.00 per acre for Sarad-II and Bagayat varieties of land and at the rate of Rs. 10,00.00 per acre for Tala variety of land. The compensation awarded was...
The Divisional Manager, United India Insurance Co. Ltd. Vs. Bhawa Tirk ...
Court: Orissa
Decided on: May-09-2002
Reported in: 2004ACJ215; 93(2002)CLT801
Pradipta Ray, J.1. The Insurance Company has filed this appeal against an award dated July 2, 1999 under Section 140 of the Motor Vehicles Act 1988 (hereinafter referred to as the 'Act'), passed by the 2nd, Motor Accident Claims Tribunal, Sambalpur.2. Mr. Ray, learned Advocate appearing for the Appellant-Insurance Company has urged that the Tribunal failed to appreciate the difference between an independent application under Section 140 of the Act and an application for interim award under Section 140 of the Act in a pending proceeding under Section 166 of the Act. According to him, if an application under Section 140 of the Act is filed as an independent application, the Tribunal has the obligation to consider the defence of the Insurance Company as available under Section 149 of the Act before giving any award, otherwise unscrupulous persons may take advantage of the said Section and in collusion with the owners may take away the public money without any cause. Mr. Ray has further su...
Jaigun Nisa Bibi and 2 ors. Vs. Sk. BadiruddIn Zahed
Court: Orissa
Decided on: May-09-2002
Reported in: 94(2002)CLT325; 2002(II)OLR12
P.K. Tripathy, J.1. Heard.2. An order under Order 39, Rule 2-A, CPC passed by the Civil Judge (Sr. Division), 2nd Court, Cuttack on 19.11.1998 in Misc. Case No. 14 of 1995, recording the finding that revision-petitioners are guilty of violating the order of injunction passed the order for attachment of their property and for their detention in civil prison for 7 days. That was unsuccessfully challenged by the petitioner in Misc. Appeal No. 121 of 1998. That was disposed of by the First Addl. District Judge, Cuttack as per the impugned judgment dated 14.12.2001. Against that the present civil revision has been filed.3. The detail facts mentioned in the pleadings of the parties is not necessary to be noted here. The relevant facts which are necessary to note here are that on 11.11.1994 ad interim ex parte order of injunction was passed against the present petitioner with notice to them to appear on 3.1.1995. They entered appearance on 3.1.1995 and took time to file show cause but as alle...
Rt. Rev. Lingaraj Tandy and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-2002
Reported in: 94(2002)CLT307; 2002(II)OLR265
A.K. Patnaik, J. 1. The case of the petitioners in the writ petition is that in the year 1963 a group of enthusiastic Christian educationists of Bolangir established the Nav Jeevan Vidyapitha, a High School. The classes of the School were held in a building provided by the Baptist Missionary Society in Bolangir Mission Compound. In the year 1964, the Baptist Mission Organisation took over the School and the Management of the School vested in the Bolangir pastorate Union, which was a Regional Organisation of the Baptist Mission Organisation. The Bolangir Pastorate Union nominated the Managing Committee of the School from time to time for day to day administration and development of the School. In the year 1970, the Baptist Mission of Bolangir got merged with the Churches of North India (CNI) and the administration of the School was with the Diocese of Sambalpur with the Head Office at Bolangir Mission Compound. In the year 1974, the land in plot No. 515/1533 on which the building of the...
Prahallad Charan Sahoo Vs. Md. Imdad Sariff
Court: Orissa
Decided on: May-08-2002
Reported in: 2002(II)OLR4
L. Mohapatra, J.1. This application under Section 482. Cr.P.C. has been filed for quashing of the proceeding in I.C.C. No. 4/1999 pending in the Court of learned J.M.F.C., Surada.2. From the record it appears that the aforesaid complaint was filed by the opp. party on the allegation that the complainant is the owner of the Telephone bearing No. 77182. He received a bill for the month of September. 1997 for an amount of Rs. 769/-which according to him was due to excess meter reading and wrong billing. Accordingly, he intimated the Accounts Officer, Berhampur T.D.M. for necessary verification and rectification of the bill. No action having been taken at the end of the Accounts Officer and the telephone line having been disconnected, the complainant along with his brother went to the telephone exchange to enquire about the wrong billing and the disconnection. The petitioner is stated to be working at that time as J.T.O., in Surada Telephone Exchange: When the opp. party along with his bro...
State of Orissa Vs. Rabi Nayak
Court: Orissa
Decided on: May-08-2002
Reported in: 2002(II)OLR108
L. Mohapatra, J.1. This application under Section 482, Cr.P.C. has been filed challenging the order dated 11.5.95 passed by the learned S.D.J.M., Jajpur, in G. R. Case No. 548 of 1994 recalling the earlier order dated 22.43.1995 taking cognizance of offence under Section 302 read with other offences of the Penal Code so far as the present opposite party is concerned.2. It appears from the record that an F.I.R. was lodged by one Kalandi Sethi before the I.I.C, Jajpur police station on 13.6.1994 stating that at about 8 0'clock some accused persons named therein assaulted one Ananta Sethi who succumbed to the injuries due to such assault. On receipt of the F.I.R. Jajpur P.S. Case No. 130/94 was registered for the offences alleged to be committed under Section 147/148/302/325/326/338/307/149 of the Penal Code. Investigation was taken up and on conclusion of investigation charge-sheet was submitted against some accused persons named in the F.I.R. So far as the present opposite party is conc...
Bikalananda Beura Vs. State of Orissa
Court: Orissa
Decided on: May-08-2002
Reported in: 2002(II)OLR36
L. Mohapatra, J.1. This application under Section 482. Cr.P.C. has been filed challenging the order dated 23.7.1998 passed by the learned S.D.J.M. (Sadar), Cuttack in G.R. Case No. 739/1994 framing charge for commission of offence under Section 9-B of the Indian Explosives Act as well as under Sections 25/27 of the Arms Act.2. The case of the prosecution is that on 10.5.1994 from the house of the petitioner one gupti, one gun, one small knife, three numbers of parsuram farsa, two numbers of tenta, two iron rods, one sword, some live bombs, white powder, red powder, fishing net, etc. were recovered and seized. Pursuant to such-seizure, the aforesaid G. R. Case was registered for commission of offence under Section 9-B of the Indian Explosives Act as well as under Sections 25/27 of the Arms Act. On 5.5.1997 when the matter was taken up for framing of charge, an application was filed by the petitioner to discharge him on the ground that no offence is made out even the seizure of the artic...
United India Insurance Co. Ltd. Vs. Kishore Chandra Mohanty and anr.
Court: Orissa
Decided on: May-08-2002
Reported in: 94(2002)CLT89; 2002(II)OLR169
P.K. Tripathy, J.1. Heard analogously both the appeals on the prayer of both the parties inasmuch as the award passed in M.A.C.T. Misc. Case No. 248 of 1982 by the Third Motor Accident Claims Tribunal, Puri is under challenge in both the aforesaid appeals. M. A. No. 155 of 1992 has been filed by the claimant challenging the quantum of compensation granted as insufficient whereas M.A. No. 434 of 1992 has been filed by the Divisional Manager. United Indian Insurance Co. Ltd., Cuttack, the opp. party No. 2 in the Court below challenging to the legality of the aforesaid award. 2. The fact which is not in dispute is that on 28.7.1982 at about 9.50 A.M., the claimant, an employee in the State Secretariat as a Typist, met with an accident being hit from behind by truck bearing registration No. O.R.U. 1039 and because of that accident, he sustained injuries including fracture injuries as noted in the claim application. The contention of the claimant is that the accident occurred due to rash an...
Binod Sahu and anr. Vs. Smt. Chandrama Sahu and ors.
Court: Orissa
Decided on: May-03-2002
Reported in: AIR2003Ori11; 93(2002)CLT659; 2002(II)OLR62
A.S. Naidu, J.1. This is an appeal filed under Section 384 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act'), inter alia, challenging the order passed by the Civil Judge, Senior Division, Angul under Section 372 of the Act in Succession Misc. Case No. 14 of 1998.2. Bereft of all unnecessary details, the short facts which are necessary for effectual adjudication of the inter se disputes are as follows :The widow and two daughters of late Kumar Sahu filed a petition under Section 372 of the Act praying for issuance of the Succession Certificate. It was specifically averred in the petition that after death of Kumar Sahu, they were the only persons who were entitle to succeed to the properties left behind as well as the money left by late Kumar Sahu in the State Bank of India.In response to the public notice, the two appellants, filed a petition under Order 1, Rule 10 C.P.C. praying to implead them as parties. It was asserted that they were the sons of late Kumar Sa...
Orissa Engineering College Employees' Union and Ors. and Kamini Kanta ...
Court: Orissa
Decided on: May-03-2002
Reported in: 2002(II)OLR78
L. Mohapatra, J.1. All the writ applications arise out of dispute between the Management of Orissa Engineering College, Bhubaneswar, some of its employees and the State Government. Since in all of them common questions of law are involved based on same set of facts, on the request of the parties they were all taken up together for hearing and are disposed of in this judgment.2. O.J.C. No. 3520 of 1996 has been filed by the management of the Orissa Engineering College thereinafter referred to as 'College') challenging the action of the State Government on the ground that the State Government has no control over the College in exercise of power under the Orissa Education Act, 1969 as the college is governed under the provisions of the All India Council for Technical Education Act, 1987 thereinafter referred to as the 'AICTE Act'). Another ground taken in the writ application is that the College being a privately managed one, the Orissa Education Act, 1969 (hereinafter referred to as the ...
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