Orissa Court March 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Divisional Forest Officer, Kendu Leaves Vs. Chaitanya Sahu and anr.
Court: Orissa
Decided on: Mar-07-2003
Reported in: 2004ACJ1797; 95(2003)CLT501; [2003(97)FLR1089]
Pradip Mohanty, J. 1. This is an application under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') challenging the order dated 24.1.1997 passed by the Commissioner under Workmen's Compensation (Dhenkanal), Angul, in W. C. Case No. 21 of 1992. 2. The case of the claimants-respondents is that their son, deceased Dhaneswar Sahu, died on 21.9.1991 in course of his employment due to lightening shock while he was working under the Divisional Forest Officer, Kendu Leaves, Athamallik. The deceased is stated to have engaged as a binder of Kanteikolia Phadi under the Hondapa Kendu Leaves Range of Athamaflik. On the same day at 6. 20 P.M. the Range Officer (KL), Handapa Range, Lodged FIR before the Officer-in-Charge, Handapa Police Station and the same was registered as U.D.P.S. Case No. 7 of 1991. The legal heirs of the deceased had filed W. C. Case No. 21 of 1992 before the Workmen Commissioner and prayed for compensation due to death of the only earnin...
The Universe and anr. Vs. Government of Orissa and ors.
Court: Orissa
Decided on: Mar-07-2003
Reported in: AIR2003Ori139; 2003(I)OLR426
P.K. Balasubramanyan, C.J. 1. The Barabati Fort is an ancient monument as defined under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and a protected monument as notified under Section 3 of the Ancient Monuments Preservation Act, 1904. It is situated in the town of Cuttack historically assessed to have been established in the year 989 A.D. on the confluence of rivers Mahanadi and Kathajodi. As set out in the writ petition, the Fort was constructed by the Third Ananga Bhimadev, who ruled Orissa from 1216 to 1235. The Fort had seen occupation by a series of Rulers including the British. In the year 1915, on 22-3-1915 to be exact, a notification was issued under Section 3 of the Ancient Monuments Preservation Act, 1904 (hereinafter called the 'Preservation Act') declaring the same as a Protected Monument. The notification marked Annexure 1 insofar as it is relevant reads thus:--'.. .. .The ancient monuments of Barabati Fortress and the ruins and remains of all ancie...
Jagabandhu Mahanta Vs. Bijay Kumar Kar and anr.
Court: Orissa
Decided on: Mar-07-2003
Reported in: 2003CriLJ2679
ORDERL. Mohapatra, J.1. This application under Section 482, Cr. P.C. has been filed by the petitioner who is working as Forester in Koonjhar Forest Division, challenging the Judgment and order dated 17-1-2003 passed by the learned Sessions Judge, Koonjhar in Criminal Revision No. 56 of 2002 giving liberty to the opposite party to move the learned Magistrate for release of a vehicle with a further direction to the learned Magistrate to deal with such application in accordance with the observation made in the judgment.2. Shri Padhi, learned counsel for the petitioner contended that a Marshal Jeep bearing registration No. ORD-9-D-1977 was seized by Barbil Police while carrying teak sleepers without permit. The said vehicle was handed over to the Forest Department for initiation of a Confiscation proceeding under Section 56 of the Orissa Forest Act, 1972. After taking possession of the vehicle the department initiated a confiscation proceeding vide O.R. Case No. 360 of 2002-2003. Owner of ...
Smt. Minati Dixit Vs. Ajaya Kumar Dixit
Court: Orissa
Decided on: Mar-07-2003
Reported in: 2003CriLJ2395
ORDERL. Mohapatra, J.1. This revision has been filed challenging the order of the learned Judge, Family Court, Cuttack in Criminal Proceeding No. 264 of 1999 for enhancement of the quantum of maintenance granted by the Family Court.2. The case of the petitioner is that she married the opposite party on 25-5-1996 according to Hindu rites and custom and led a conjugal life. It is alleged by the petitioner that the opposite party and his family members not being satisfied with the dowry articles received at the time of marriage, demanded cash of Rs. 40,000/- for purchasing a motor cycle and also started illtreating her due to non-fulfilment of the demand. It is also the case of the petitioner that the opposite party is having illicit relationship with his sister-in-law (brother's wife) and neglected her. Due to the illtreatment and torture, the petitioner had to leave the house and approached the village committee and also lodged an F.I.R. in the local police station alleging commission o...
The Divisional Manager, Representing United India Insurance Co. Ltd. V ...
Court: Orissa
Decided on: Mar-07-2003
Reported in: 2003(I)OLR413
P.K. Balasubramanyan, C.J.1. This appeal has been filed by the Insurance Company. The Insurance Company had insured the bus bearing Regn. No. OSP-2081 belonging to Respondent No. 2 herein. In an accident that occurred, respondent No. 1 suffered injuries. He thereupon approached the Motor Accident Claims Tribunal, Puri with Misc. Case No. 654 of 1989 claiming that he had suffered injuries in the accident and that he was entitled to compensation of Rs. 60,000/-. As usual, in this case also, the owner of the vehicle, respondent No. 2 herein remained exparte. The Insurance Company filed a written statement contesting the claim. It disputed the liability. The Insurance Company also sought permission to take all defences available, in case the owner of the vehicle did not contest the proceeding. The compensation claimed was contended to be highly exaggerated and arbitrary. The Tribunal raised the necessary issues. On behalf of the claimant, two witnesses were examined as P.Ws. 1 and 2. No on...
Divisional Manager, United India Insurance Co. Ltd. Vs. Gokula Moharan ...
Court: Orissa
Decided on: Mar-07-2003
Reported in: 2004ACJ1893
P.K. Balasubramanyan, C.J.1. This appeal has been filed by the insurance company. The insurance company had insured the bus bearing registration No. OSP 2081 belonging to respondent No. 2 herein. In an accident that occurred, respondent No. 1 suffered injuries. He thereupon approached the Motor Accidents Claims Tribunal, Puri, with Misc. Case No. 654 of 1989 claiming that he had suffered injuries in the accident and that he was entitled to compensation of Rs. 60,000. As usual in this case also, the owner of the vehicle, respondent No. 2 herein remained ex parte. The insurance company filed a written statement contesting the claim. It disputed the liability. The insurance company also sought permission to take all defences available, in case the owner of the vehicle did not contest the proceeding. The compensation claimed was contended to be highly exaggerated and arbitrary. The Tribunal had raised the necessary issues. On behalf of claimant, two witnesses were examined as PWs 1 and 2. ...
United India Insurance Co. Ltd. Vs. Gokula Moharana and anr.
Court: Orissa
Decided on: Mar-07-2003
Reported in: I(2005)ACC498
P.K. Balasubramanyan, C.J.1. This appeal has been filed by the Insurance Company. The Insurance Company had insured the bus bearing registration No. OSP 2081 belonging to respondent No. 2 herein. In an accident that occurred, respondent No. 1 suffered injuries. He thereupon approached the Motor Accident Claims Tribunal, Puri, with Misc. Case No. 654 of 1989 claiming that he had suffered injuries in the accident and that he was entitled to compensation of Rs. 60,000/-. As usual in this case also, the owner of the vehicle, respondent No. 2 herein remained ex parte. The Insurance Company filed a written statement contesting the claim. It disputed the liability. The Insurance Company also sought permission to take all defences available, in case the owner of the vehicle did not contest the proceeding. The compensation claimed was contended to be highly exaggerated and arbitrary. The Tribunal had raised the necessary issues. On behalf of claimant, two witnesses were examined as P. Ws. 1 and...
Jayanta Kumar Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-05-2003
Reported in: 95(2003)CLT483
P. K. Mohanty, J.1. The petitioner is aggrieved by the inaction the opp. parties in not fixing his pay in the UGC scale at Rs. 2,200- 4.000/- and instead allowing him to continue in the scale of Rs. 2,000 - 3,500/-fixed by the Government.2. The brief fact of the petitioner's case without unnecessary details is that the petitioner pursuant to the order of appointment dated 8.9.1983 under Annexure-2 joined as a lecturer in Sanskrit (3rd post) in Dinakrushna College, Jaleswar (opp. party No. 3). The 3rd post of lecturer in Sanskrit in opp. party No. 3 -College was a post approved by the Director. His appointment was terminated and he was relieved from the College by order dated 2.10.1986 by the Principal (Annexure-3) pursuant to the joining of a Selection Board candidate against the said third post held by the petitioner. However, according to the petitioner he still continued as a lecturer from 9.9.1983 being appointed by the management on 89 days's basis from time to time. The petitione...
Md. Abbas Mohidden Vs. the Director General, Coast Guard and anr.
Court: Orissa
Decided on: Mar-05-2003
Reported in: 95(2003)CLT593
Pradip Mohanty, J. 1. The petitioner in this writ application under Articles 226 and 227 of the Constitution of India challenges the order under Annexures-5 and 6 issued by the Director General, Coast Guard.2. Shorn of unnecessary details, the petitioner's case is that he joined as Engineer Officer of the Coast Guardship 'Jijabai' on 12.8.1993, the headquarters being at Paradip in the State of Orissa. The petitioner went on leave on 27.3.95 till 17.4.95 for his marriage. According to the petitioner, a Board of Enquiry was held from 29.5.95 to 10.6.95 in Coast Guard Ship 'Jijabai' regarding the defects of machinery. After completion of the Board of Enquiry, the petitioner went for sailing in the said 'Jijabai Ship'. On being transferred from C.G.S. 'Jijabai', the petitioner joined at Coast Guard Station, Madras, Coast Guard Region (East) on 29.1.96. While the petitioner was continuing at the Coast Guard Region (East), Madras, the Commanding Officer of the said Coast Guard region directe...
Engineering Design and Construction Company Vs. Orissa Water Supply an ...
Court: Orissa
Decided on: Mar-05-2003
Reported in: 95(2003)CLT782
P.K. Balasubramanyan, C.J. 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. As per the Scheme framed by the Orissa High Court, the petitioner was expected to produce the Arbitration Agreement along with the application. Of course, in Konkan Railways Corporation Ltd. v. Rani Construction (P) Ltd., 2002 (I) SCALE 465, the Supreme Court has held that the scheme is not mandatory. But alt the same, since it was necessary to know the content of the alleged arbitration clause, I directed the petitioner to produce the Arbitration Agreement. The order in that behalf was passed on 29.1.2002. The matter underwent a number of adjournments and it is seen that till today, the arbitration agreement has not been produced. Though counsel asserted that the agreement had been produced, from a verification of the records, it is seen that no such agreement has been produced.2. At the time of hearing, learned counsel made available a copy of what he called the arb...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »