Orissa Court March 2003 Judgments
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Alok Kumar Bohidar and anr. Vs. Rajkishore Mathur and anr.
Court: Orissa
Decided on: Mar-27-2003
Reported in: 96(2003)CLT39
P.K. Tripathy, J.1. Order passed on March 20, 2001 by learned Civil Judge (Senior Division), Bhawanipatna in Execution Case No. 6 of 1996 in under challenge in this revision.2. It appears from that order that, learned Civil Judge (Senior Division) considered an application filed by the Decree- holder (opp. party No. 1 in this revision) in accordance with the provision under Order 21, Rule 95 read with Order 21, Rule 97 and Section 151 of the Code of Civil Procedure, 1908 (in short 'the Code'). It further appears from the impugned order that learned Civil Judge passed order allowing the prayer of the Decree- holder for Police protection at the time of delivery of possession if the decree-holder shall deposit cost in that respect. The impugned order also indicates that in that respect a letter has been addressed to the Superintendent of Police. That order is under challenge.3. Keeping in view the interlocutory nature of the impugned order and the remedy which is available to the petition...
National Insurance Co. Ltd. Vs. Niranjan Parija and anr.
Court: Orissa
Decided on: Mar-27-2003
Reported in: 96(2003)CLT101
B.P. Das, J.1. The appellant has filed an application being Misc. Case No. 146 of 2002 for condonation of the delay of 72 days in filing the present appeal. Though the ground taken in the said application is not convincing, considering the submission of the learned counsel for the insurer appellant that unless the delay is condoned and the appeal is heard on merit, the insurer would suffer irreparable loss, I condone the delay subject to payment of cost of rupees five hundred to the claimant-respondent No. 1 within seven days hence. The misc. case is accordingly allowed.2. With the request of the learned counsel for the parties, the appeal was taken up for admission and final disposal.3. Heard Shri N. K. Misra, learned counsel for the appellant, as well as counsel for the respondents.4. The appeal is directed against the award passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack, (hereinafter called the 'Commissioner') in W.C. Case No. 194-D/...
New India Assurance Co. Ltd. Vs. Mohini Charan Behera and ors.
Court: Orissa
Decided on: Mar-26-2003
Reported in: I(2004)ACC813; 2005ACJ888; 96(2003)CLT384
B. P. Das, J. 1.The insurer-New India Assurance Co. Ltd. has preferred thisappeal under Section 173(1) of the Motor Vehicles Act, 1988 (in short 'the Act') challenging the judgment passed by the 2nd. Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 117 of 1995 in which a sum of Rs. 8,05,000/- has been awarded as compensation for the death of one Kishore Chandra Rath in a motor vehicular accident and the liability of payment of compensation amount has been saddled on the insurer of the offending vehicle.2. Respondent No. 2, i.e., the widow of the deceased- Kishore Chandra Rath, has filed a cross-appeal for enhancement of the quantum of compensation thereby praying to award entire Rs, 20,00,000/-as claimed in the claim petition.3. Briefly stated, the factual backdrop is that oh 7.9.1994 at about 4 p.m. the deceased-Kishore Chandra Rath was proceeding in his Vijaya Super Scooter bearing registration No. OSX 5431 from Bhubaneswar towards Cuttack on National Highway No. 5, While ...
Ahiraj Saha and anr. Vs. the State
Court: Orissa
Decided on: Mar-26-2003
Reported in: 2003CriLJ3114; 2003(I)OLR597
A.S. Naidu, J.1. This Criminal Appeal has been filed challenging the order of conviction and sentence dated 7-11-1998 passed by the Additional Sessions Judge, Balasore in S. T. No. 47/216 of 1996 sentencing each of the appellants to undergo R. I. for ten years and to pay a fine of Rs. 25,000.00, in default to undergo R. I. for one year under Section 376(2)(g) IPC; R.I. for fifteen days under Section 341 IPC; and R. I. for six months and to pay a fine of Rs. 2,000.00, in default to undergo R. I. for one month more under Section 379 IPC, with direction that the sentences of imprisonment would run concurrently.2. The criminal action was set in motion on the basis of an FIR filed by one Bholanath Panigrahi (PW-9), father of the victim minor girl Nirmala (PW8), alleging that on 5-5-1996 Nirmal was returning from her maternal uncle's house in village Saraswatipur and she got down from bus at a place called Anji Chhak. Thereafter she proceeded towards village Bajana. While she was on Sahaspur...
Ramesh Chandra Bhuyan and ors. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-25-2003
Reported in: 96(2003)CLT46
P.K. Mohanty, J.1. The petitioners have approached this Court for a writ of mandamus, directing the opp. parties 1 to 3 to absorb them as regular employees against the posts held by them at present with the Institute of Physics.2. The short facts of the petitioner's case is that they have been working as Security Guards under the opp. parties 1 to 3 for last 3 to 9 years being so engaged by the Contractor, M/s. Winners Security Service (Orissa) Private Limited. The engagement of the petitioners, initial date of engagement in respect of each one of them and post held, have been given in the chart in paragraph-3-B of the writ petition. It is claimed that since the date of their respective initial engagements they have been discharging their duties as Security Guards sincerely and honestly and to the best satisfaction of the authorities concerned. The petitioners claim that they fall within the definition of 'contract labour' being so engaged by the Contractor (opp. party No. 4) and they ...
The Divisional Manager, the National Insurance Co. Ltd. Vs. Tasri Prad ...
Court: Orissa
Decided on: Mar-25-2003
Reported in: II(2004)ACC697; 2005ACJ1078; 96(2003)CLT462
P.K. Mohanty, J. 1. These three Miscellaneous Appeals, having arisen out of a common judgment involving common question of law and facts, on the prayer and on consent of the learned counsel for the parties, are taken up for hearing together and disposed of by this order.2. The Insurer-National Insurance Company Ltd. assails the order of the learned Second Motor Accident Claims Tribunal, Sambalpur allowing the applications of the claimants under Section 140 of the Motor Vehicles Act, 1988 and directing payment under no fault liability. The main thrust of argument of Sri S.S. Rao, learned counsel for the appellant is that since the premium paid by the owner of the vehicle by way of two cheques, having bounced because of want of funds, the policy stood cancelled and, therefore, the insurer has no liability to cover under the said policy. Submission is, therefore, made that the appellant-insurer was not liable to pay any amount towards the no fault liability or any other liability covered ...
Dr. Brahmananda Pradhan and Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-25-2003
Reported in: 96(2003)CLT373
L. Mohapatra, J. 1. The petitioners in both the writ applications have prayed for quashing the letter No. 2230 dated 17.1.2002 issued by the Under Secretary to Government in the Department of Health and Family Welfare in which the decision of the Government to the Director of Indian Medicine and Homeopathy, Orissa, Bhubaneswar that the Demonstrators of the Government Ayurvedic Colleges appointed on regular basis shall be considered eligible for taking admission into P.G. Course against the supernumerary seats if they secure minimum qualifying marks in the entrance examination, as well as the order rejecting the representation for consideration of their case for admission into the P.G. Course against the supernumerary seats,2. The petitioners are working as Ayurvedic Medical Officers under the State Government. An advertisement was published inviting applications from eligible candidates for admission to Post Graduate courses in different subjects in Gopabandhu Ayurveda Mahavidyalaya fo...
Kabita Biswal and anr. Vs. Smt. Niasi Biswal and Five ors.
Court: Orissa
Decided on: Mar-25-2003
Reported in: 2003(I)OLR491
ORDERP.K. Tripathy, J.1. Heard.This application under Section 24, C.P.C. has been filed by the petitioners who figure as defendant Nos.6 and 7 in Title Suit No. 54 of 2002 pending in the Court of Civil Judge (Senior Division), Nayagarh. The opposite party is the plaintiff in that suit.2. It is not in dispute between the parties that plaintiff is the mother of late Jogeswar Biswal who while working in Air Force died on 11.2.2002. The petitioners/defendant Nos. 6 and 7 are the wife (widow) and son of said Jogeswar Biswal. Defendant Nos. 1 to 5 are the officials in the Ministry of Defence and Air Force. Plaintiff has filed the suit inter alia for injuncting defendant Nos. 1 to 5 not to make payment of all service benefits, Death- cum- retirement benefits of late Jogeswar Biswal to defendant Nos.6 and 7 and she has claimed l/3rd share in such service and Death-cum-retirernent entitlements.3. It is also the admitted fact that plaintiff/opposite party resides in village Nimapatna and the def...
Ram Narayan Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-25-2003
Reported in: 2003(I)OLR486
ORDER1. In this case the order passed by a learned Single Judge of this Court in O.J.C. No. 12939 of 2001 is under challenge.2. The disputed plot was leased out to one Kandabal Muchu under the provisions of the Orissa Government Land Settlement Act, 1962 and the rules framed thereunder.3. It appears that the lessee applied for permission from the concerned Revenue Officer for transfer of the land in favour of the writ petitioner. But, Additional District Magistrate started a suo motu proceeding for cancellation of the lease. It is submitted that the lessee was permitted to sell the lease hold land in favour of the petitioner. But the Addl. District Magistrate cancelled the lease because such transfer, according to him, was not bona fide.4. A suo motu revisional proceeding was initiated under Section 7-A(3) of the O.G.L.S. Act, 1962. The revisional authority cancelled the lease granted in favour of the petitioner's vendor. Therefore, the petitioner filed a writ petition in O.J.C. No. 12...
Upendranath Singh Vs. Smruti Ranjan Mohanty and ors.
Court: Orissa
Decided on: Mar-24-2003
Reported in: 95(2003)CLT652
ORDERP.K. Tripathy, J.1. A memo of appearance is filed in favour of Mr. B.A. Mahanti, Senior Advocate, to address the Court on behalf of the opposite parties. A written note of submission along with xerox copy of documents have also been filed by the opposite parties. Petitioner files a xerox copy of the plaint for perusal of the Court. 2. Learn counsel for the opposite parties states that he is under instruction to State that the opposite parties are not willing to abide by the proposal given by the petitioner relating to nonalienation of the suit property during pendency of the suit. 3. Heard argument from both sides. This civil revision stands disposed of at the stage of admission in the following manner. 4. Petitioner is the plaintiff in Title Suit No. 145 of 2002 of the Court of Civil Judge (Senior Division), Puri and the opposite party Nos. 1 and 2 are defendants 1 and 2, and opposite party No. 3 is the defendant No. 8 in that suit. That suit has been filed, inter alia, for the r...
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