Orissa Court April 2003 Judgments
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Samir Karpardar Vs. Susil Kumar Karpardar and anr.
Court: Orissa
Decided on: Apr-21-2003
Reported in: 95(2003)CLT752; 2003(I)OLR605
ORDERP.K. Tripathy, J.1. Certified copies of the depositions of the petitioner and opposite party No. 1 have been filed by the petitioner.2. Heard learned counsel for the petitioner and this civil revision is disposed of by dismissing the same at the stage of hearing on admission for the reasons recorded below.3. A decree for money has been passed against the petitioner by the Civil judge (Senior Division), Deogarh in Money Suit No. 1 of 1994. As against that he has preferred an appeal under Order 41 of the Code of Civil Procedure, 1908 (in short 'the Code'). As noted in the impugned order petitioner is to pay a court-fee of Rs. 3,021/- on the appeal memo. Instead of making payment of such court-fees petitioner applied for exemption as an indigent person. Such application filed under Order 44, Rule 1 of the Code was registered as Misc. Case No. 10/1 of 1998-2000 and learned Addl. District Judge, Deogarh after conducting the inquiry in accordance with Rule 3 of Order 44 of the Code, on ...
Sauki Pradhan and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-21-2003
Reported in: 2003(I)OLR583
M. Papanna, J.1. This Jail Criminal Appeal is filed by accused persons Sauki Pradhan and Gangadhar Pradhan (hereinafter referred to as 'the appellants'. They have challenged the impugned order of conviction under Section 302 read with Section 34. I.P.C. and sentence of rigorous imprisonment for life thereunder recorded by learned Additional Sessions Judge. Sambalpur in S.T. Case No. 4/20 of 1993.2. Prosecution case is very simple. On 14.6.1992 appellants were taking bath at the tube well of their village. It was evening time. Pravaka'r (hereinafter referred to as the deceased) and his son Saroj came there. The deceased found appellants making that area muddy. He objected to that. There was altercation between them. At that time accused Bhulku, Bhikari an Kalabati came there. Accused Bhulku and Bhikari caught hold of the deceased. In the meantime appellant Gangadhar brought a knife from his house nearby. He was trying to stab the deceased. At that juncture appellant Sauki took away the ...
Divisional Manager, New India Assurance Co. Ltd., Now Represented by t ...
Court: Orissa
Decided on: Apr-18-2003
Reported in: 2005ACJ266; 95(2003)CLT769; 2003(I)OLR644
A.K. Patnaik, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') against the judgment dated 31.3.1997 of the Second Motor Accident Claims Tribunal (SD), Berhampur, in M.A.C. No. 37/95 (105/94).2. The facts briefly are that on 11.1.1994 at about 9.30 A.M. the respondent No. 1, while going or) a bicycle near Karahandba on Sukunda-Berhampur Road, met with an accident with the truck bearing registration number ORG - 9215 which was coming from Berhampur side. Respondent No. 1 suffered some injury and filed a petition for compensation of Rs. 50,000/- under Section 166 of the Act which was numbered as M.A.C. Case No. 37/95 (105/94). In the said petition under Section 166 of the Act, the owner of the aforesaid truck (respondent No. 2, and the appellant were impleaded as opposite parties. Respondent No. 2 did not contest the claim of respondent No. 1 and was set ex parte, while the appellant filed written-statement and contested the claim of the resp...
Divisional Manager, United India Insurance Co. Ltd. Vs. Govind Majhi a ...
Court: Orissa
Decided on: Apr-18-2003
Reported in: 95(2003)CLT815
Pradip Mohanty, J. 1. This is an application under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the judgment and award passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar in W. C. Case No. 206 of 1994.2. The counsel for the appellant-insurance company submits that the respondent No. 1 -claimant sustained some injuries, which are simple in nature. He further submits that the evidence is lacking to the effect that there was any fracture or suspected fracture and the subsequent story that the claimant-respondent No. 1 sustained fracture on his tibia should not have been believed.3. Considering the facts and circumstances of the case, this Court is of the opinion that there is no substantial question of law involved in this appeal. The assessment of the Commissioner for Workmen's Compensation of Rs. 42,714/- as compensation payable to claimant-respondent, is correct and there is no material before this Cou...
Mamata Mohanty Vs. Chairman, Coal India Limited and ors.
Court: Orissa
Decided on: Apr-18-2003
Reported in: 96(2003)CLT13
A.K. Patnaik, J.1. The petitioner's husband late Debakalyan Mohanty was working as a Senior Mining Engineer in the South Eastern Coalfields Limited (for short, 'S.E.C.L.'). Which is a subsidiary of Coal India Limited (for, short 'C.I.L.'). He was posted at Gevra Project of S.E.C.L in Madhya Pradesh (now Chhatishgarh). On 30.12.1995 late Debakalyan Mohanty died in harness. On 16.1.1996 the petitioner applied to the Chairman of C.I.L. for compassionate appointment. She was appointed in the post of Clerk Grade-Ill in S.E.C.L. and posted at Gevra by order dated 10.10.1996. She joined in S.E.C.L. Gevra as Clerk Grade-Ill on 14.11.1996. But thereafter, on her request, she was transferred to Mahanadi Coalfields Limited which is another subsidiary of C.I.L. and posted at Sambalpur as Clerk Grade-Ill. She was then posted at Talcher as Clerk Grade-Ill but she did not join at Talcher and instead, requested for monetary compensation in lieu of compassionate appointment by her letter dated 27.9.199...
Ganesh SwaIn Vs. Sabitri SwaIn Alias Sanju and anr.
Court: Orissa
Decided on: Apr-18-2003
Reported in: 2003(I)OLR602
A.S. Naidu, J.1. Invoking inherent jurisdiction of this Court under Section 482, Cr.P.C, the petitioner, who is an accused in G.R. Case No. 347 of 1996 pending in the Court of learned S.D.J.M., Puri, has approached this Court with a prayer to set aside the orders passed by the trial Court and confirmed by the revisional Court rejecting a petition filed by the accused-petitioner to summon a police officer as a witness on his behalf to prove the factum of marriage between him and opp. party No. 1.2. Opposite party No. 1 claiming to be the wife of the present petitioner had initiated a proceeding under Section 125 Cr.P.C. claiming maintenance for self and for her daughter (7 years old) alleged to have been born out of the wed-lock. The petitioner, at the other hand, denied the entire allegations as false. According to him, the child was not born out of wed-lock. He not only denied the father-hood, but also advanced an allegation that opp. party No. 1 had left his home and was having illic...
Smt. Santa Kumari Das and anr. Vs. the Judge, Family Court and anr.
Court: Orissa
Decided on: Apr-17-2003
Reported in: 2003(II)OLR18
R.K. Patra, J.1. Petitioner No. 1 is the wife of opposite party No. 2. Their daughter is petitioner No. 2. The petitioners have filed this writ petition challenging the judgment dated 18.4.2000 made in Civil Proceeding No. 262 of 1996 by which the learned Judge. Family Court, Cuttack, has directed dissolution of the marriage between petitioner No. 1 and opposite party No. 2 by a decree of divorce subject to the conditions that opposite party No. 2 would pay/deposit Rs. 25,000/- towards permanent alimony of petitioner No. 1 and a further sum of Rs. 30,000/- towards the marriage expenses of their daughter petitioner No. 2.2. Opposite party No. 2 commenced the aforesaid Civil Proceeding No. 262 of 1996 in the Court of learned Judge, Family Court, Cuttack by a petition under Section 22 of the Indian Divorce Act, 1869 read with Section 7 of the Family Courts Act, 1984 for a decree of divorce against petitioner No. 1 on the grounds of cruelty and desertion.3. Admittedly, the parties belong t...
Mr. Rama Chandra Panigrahi Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-16-2003
Reported in: III(2003)BC576; 95(2003)CLT688; 2003CriLJ2921; 2003(I)OLR615
P.K. Tripathy, J.1. Petitioner is the accused in I.C.C. No. 680 of 2001 of the Court of S.D.J.M., Bhubaneswar and the opposite party No. 2 is the complainant in that case. Petitioner filed the aforesaid complaint alleging the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (in short, 'the Act').2. It reveals from certified copy of the complaint that the complainant has alleged that accused took a friendly loan of Rs. 11.68,000/- from the complainant on 8.8.2001. In that respect accused executed a money receipt and agreement on 8.8.2001. The accused had issued a post-dated cheque drawn in favour of the State Bank of India, Puri Branch. The complainant deposited the same with his Banker, i.e., Union Bank of India, Balukhanda Branch, Puri-2. That cheque bounced with the remarks of 'insufficient balance' and such intimation was sent to the complainant on 17.10.2001. Soon thereafter the complainant made contact with the accused in presence of two witnesses and th...
L.A. Collector Vs. Smt. Dumuni Hasada and ors.
Court: Orissa
Decided on: Apr-15-2003
Reported in: 96(2003)CLT26
Pradip Mohanty, J.1. This is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') filed by the Land Acquisition Collector, Balasore, challenging the order dated 19.7.1989 passed by the Subordinate Judge (as it then was), Balasore in L, A. Misc. Case No. 204 of 1988,2. The brief facts of the case is that pursuant to the notification under Section 4(i) of the Act, the appellant-Land Acquisition Collector acquired Ac. 0.42.2/3 decimals of land appertaining to plot No. 2915 of village Gobarghata in the District of Balasore, which belonged to the claimants-respondents, for the purpose of construction of weigh-Bridge and staff quarters at Laxmannath Check Gate. For the purpose of compensation the market value of the land was fixed at Rs. 38,000/- per acre which the claimants-respondents received with objection. Therefore, reference was made to the learned Subordinate Judge, Balasore, under Section 18 of the Act.3. In order to prove their cases, the cl...
Divisional Manager, New India Assurance Co. Ltd. Vs. Gayadhar Poi and ...
Court: Orissa
Decided on: Apr-15-2003
Reported in: 96(2003)CLT37
Pradip Mohanty, J.1. This appeal is one under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the order dated 19.9.1996 passed by the 3rd Motor Accidents Claims Tribunal, Balasore, in M.A.C.T. Case No. 38/106 (c) of 1996/94.2. The facts in brief to the case are that the respondents-petitioner Nos. 1 and 2 filed the above case before the Tribunal claiming that on 9.1.1994 at about 11.45. A.M. their son (the deceased) died in a motor accident. The deceased was a +2 Science student and was earning Rs. 500/- per month from tuition. On account of his death caused by the offending vehicle, the petitioners- respondents sustained mental shock and agony and lost hope of dependency on the deceased.The opposite parties-respondents contested the case by denying the allegations of the petitioners-respondents.On appraisal of the evidence on record, the learned Tribunal allowed the petition and directed opposite party No. 2 the New India Assurance Company...
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