Orissa Court June 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.
Trilochan Jena and ors. Vs. Rabindranath Jena
Court: Orissa
Decided on: Jun-20-2003
Reported in: AIR2004Ori79; 2003(II)OLR171
Pradip Mohanty, J.1. The unsuccessful defendants/opposite parties before the Court below have filed this petition under Order 43, Rule 1(r) of the Code of Civil Procedure praying for setting aside the order dated 16-12-2002 passed in Misc. Case No. 369 of 2002 (arising out of Title Suit No. 278 of 2002) of the Court of Civil Judge (Senior Division), Kendrapara.2. The brief fact of the case is that the plaintiff-petitioner filed a petition under Order 39, Rules 1 and 2 read with Section 151, C. P. C. praying for grant of temporary injunction against the appellants-opposite parties not to do further construction on the suit land as described in the plaint schedule. The respondent-plaintiff filed the suit before the Court below for partition of their ancestral property by metes and bounds.The appellants-opposite parties filed joint rejoinder to the above noted injunction petition denying the averments made therein and further it was asserted that the disputed land fell to their share in a...
United India Insurance Company Ltd. Vs. Smt. P. Kamala, W/O Late P. Bh ...
Court: Orissa
Decided on: Jun-20-2003
Reported in: II(2004)ACC174; 2003(II)OLR167
Pradip Mohanty, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923. challenging the judgment dated 25.7.01 passed by the Commissioner for Workmen's Compensation, Ganjam, Berhampur. in W.C. Case No. 108 of 1998. Being aggrieved by the judgment dated 25.7-200] in the above noted case, the United India Insurance Company Ltd. has preferred the appeal before this Court.2. The fact of the case in brief, is that deceased P. Bhaskara Rao was working as the driver in the car bearing registration No. AHQ 2608 which belonged to opposite party- respondent No. 2. While deceased P. Bhaskar Rao was driving the car on 31.10.98 from Berhampur to Titilagarh, he met with an accident with a police jeep coming from the opposite direction. As a result, he sustained severe injuries on his head, abdomen and other parts of the body and was removed to District Headquarters Hospital, Sonepur for treatment. On 1.11.98 said deceased P. Bhaskar Rao was removed to Military Hospital, Badm...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Jasoda Mohanta and ...
Court: Orissa
Decided on: Jun-20-2003
Reported in: 2003(II)OLR224
R.K. Patra, J.1. The Insurance Company has filed this Letters Patent Appeal challenging the judgment of the learned Single Judge dismissing its appeal which was directed against the award of the Second Motor Accident Claims Tribunal. Cuttack.2. Respondents 1 to 4 as the widow and three minor sons of the deceased-Jadumani Mohanta filed Misc.Case No. 974 of 1989 before the Second Motor Accident Claims Tribunal (in brief Tribunal) claiming compensation of Rs. 1,50,000/-. Their case is that the deceased-Jadumani Mohanta was working as Salesman in the office of the Manager, Livestock Breeding and Dairy Farm, Keonjhar. In the night of 17.9. 1989. he was returning from Cuttack to Keonjhar with some cows procured for that farm in the offending truck bearing registration number OIS 1749. Near Sankharidiha the said truck dashed against another truck, which was coming from the opposite direction. As a result, the deceased, who was sitting in the cabin of the offending truck was seriously injured ...
Gouranga Pradhan Vs. State and anr.
Court: Orissa
Decided on: Jun-20-2003
Reported in: 2003(II)OLR316
L. Mohapatra, J.1. This application under Section 482. Cr.P.C. has been filed challenging the order dated 21.5.1992 passed by the learned S.D.J.M.. Bhanjanagar in G.R. Case No. 374 of 1991 taking cognizance of commission of offence under Section 493 of the Penal Code as well as for quashing the proceeding in the said G.R. Case.2. From the record, it appears that one Satrughana Pradhan, who is the uncle of the victim lady lodged an F.l.R. in Buguda P.S. alleging therein that the victim girl having lost her parents was brought up by her uncle Udayanath Nayak and was staying in his house. It is further alleged that the petitioner has landed properties near about the lands of said Udayanath Nayak and in that connection he used to come to the house of Udayanath Nayak and in the process developed the affairs with the victim. The said affair resulted in physical relationship and the victim became pregnant. When a proposal was given to the petitioner for getting married to the victim, the said...
Niranjan Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2003
Reported in: 2003(II)OLR321
R.K. Patra, J.1. This writ petition was allowed by order dated 19.4.1995 passed by a Division Bench of this Court declaring that the petitioner is entitled to draw I.A. (Intermediate in Arts) C.P. Ed. scale of pay with effect from 2.9.1986, the date of acquisition of training qualification, i.e. C.P. Ed. The State Government being aggrieved by the said order as well as similar orders passed in other connected cases, preferred Special Leave Petitions in the Supreme Court which set aside this Court's orders and remitted the matters for fresh disposal by order dated 21.4.1997. This is how this matter and other connected matters have come up for hearing before us.2. We have heard counsel for parties. Since points involved in this matter and other connected matters are one and the same, they were heard together and are governed by this judgment.3. Briefly stated, the case of the petitioner is that he is a Physical Education Teacher in Dadhibamanjew Bidyapitha which was an aided educational ...
Chinanchitti Raj Kishore Subudhi Vs. Smt. M. Manjula Senapati and ors.
Court: Orissa
Decided on: Jun-19-2003
Reported in: 96(2003)CLT68
P.K. Tripathy, J. 1. A short and simple legal issue is in dispute in this Civil Revision preferred by the defendant in Title Suit No. 40 of 2000 of the Court of Civil Judge (Sr. Division), Koraput. 2. This Civil Revision was filed on 29.9.2000. Hearing was concluded and judgment reserved on 18.3.2002. Therefore, the question of maintainability of the suit in accordance with the amended provision in Section 115, C.P.C. was neither advanced nor considered. 3. Admittedly, parties are at issue on the relief claimed by the plaintiffs in Title Suit No. 40 of 2000. As noted by the Court below and not disputed by the parties, two of the important issues arising from the pleadings are (1) whether there was a previous partition as claimed by the defendants and if not, (2) whether the defendants have perfected their title by adverse possession 4. On 7.9.2000, plaintiff sought for a direction from the trial Court to direct the defendants to lead the evidence on such issues on the ground that burde...
Narendra Kumar JaIn and anr. and Rajkishore Agarwal and anr. Vs. Basud ...
Court: Orissa
Decided on: Jun-19-2003
Reported in: 96(2003)CLT308
P.K. Tripathy, J.1.The above noted four Civil Revisions though not noted in the order-sheets, were heard analogously and are disposed of by this common judgment which shall abide the result in each of the Civil Revisions.2. Opposite party members are the plaintiffs in Title Suit Nos. 23, 22, 24 & 25, all of 2000 and petitioners in the above noted civil revisions are the respective defendants. In such suits the father and other brothers of the plaintiffs also figured as defendants. All the aforesaid suits were instituted and are pending in the Court of Civil Judge (Sr. Division), Angul. Land vide plot No. 4724 of Khata No. 814 in Mouza Turang measuring a total area of Ac. 0.28 decimals is the subject matter of dispute in Title Suit Nos. 23 and 22 of 2.000. In Title Suit No. 23 of 2000 the extent of the disputed area is Ac.0.08 decimals whereas the remaining 20 decimals is the disputed area in Title Suit No. 22 of 2000. Land in plot No. 4725 of Khata No. 521 in Mouza Turang measuring a t...
Baishnab Charan Ray Vs. Debraj Sahoo and anr.
Court: Orissa
Decided on: Jun-19-2003
Reported in: AIR2004Ori3; 2003(II)OLR347
ORDERP.K. Tripathy, J. 1. Heard.2. This revision petition is disposed of in the following manner.3. Defendant No. 2 in Money Suit No. 2 of 1999 of the Court of Addl. Civil Judge (Jr. Division), Baramba is the petitioner and plaintiff is the opposite party No. 1 in this revision. That is a suit with the claim of damage on the ground of malicious prosecution in S.T. No. 415 of 1997 of the Court of Asstt. Sessions Judge, Athagarh.4. It is not disputed at the Bar that defendant No. 1 was the informant and defendant No. 2 was the Investigating Officer of Baramba P. S. Case No. 24 of 1993. Defendant No. 2 investigated into the case and submitted charge-sheet for the offences, inter alia, punishable under Section 436. I.P.C., and as a consequence the concerned C.R. Case No. 24 of 1993 was committed to the Court of Session, and learned Assistant Sessions Judge, Athagarh registered the case as S.T. No. 415 of 1997, conducted the trial and delivered the judgment on 15-7-1998 acquitting the plain...
Laxman Rout and Five ors., Vs. Director General of Police and anr.
Court: Orissa
Decided on: Jun-19-2003
Reported in: 2003(II)OLR206
R.K. Patra, J.1. The common dated 11.6.2002 at Annexure- 2 made by the Member (Judicial), Orissa Administrative Tribunal, Cuttack Bench, Cuttack the subject-matter of challenge in the above four writ petitions. By the impugned common order the Tribunal has dismissed five original application (O.A. Nos. 790 (C)/2001, 791(0/2001, 1036(0/2001, 870(0/2002 and 871(0/2002) which were filed on behalf of the present writ petitioners. The Tribunal in the impugned order has held that the Inspector General of Police has not committed any illegality by enhancing the minimum pass marks from 30% to 50% in the examination to select constables for nomination to the Course of A.S.I, training.2. The petitioners' case is that they are serving as constables in the Police department for more than a decade. Rule 660 of the Police Manual prescribes a written test to select constables for nomination to the A.S.I.'s course of training. Although in the year 1983/84 a test was held for the purpose, thereafter no...
Saroj Kumar Ray Vs. Smt. Santilata Mallick and anr.
Court: Orissa
Decided on: Jun-18-2003
Reported in: 96(2003)CLT234; 2003(II)OLR108
A. S. Naidu, J. 1. The petitioner assails the propriety or otherwise of the order dated 4.2.1999 passed by the Sessions Judge, Balasore in Criminal Revision No. 23 of 1998 setting aside the order dated 13.12.1997 passed by the S.D.J.M., Nilgiri dismissing ICC No. 14 of 1997 under Section 203 of the Code of Criminal Procedure.2. The facts stated hereinbelow would reveal that the case has a chequered career. It is alleged that the husband of the complainant-opposite party No. 1 was an accused in a homicidal case and the present petitioner was the police officer who was conducting investigation in the said case. In course of investigation the petitioner wanted to take the foot-prints of the said accused. According to the petitioner, to prevent him from doing so or proceeding against the said accused, the complainant-opposite party No. 1 Santilata Mallik, wife of the said accused, filed an FIR on July 18, 1995 inter alia alleging that the petitioner in the garb of investigation raped her o...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- Next ›
- Last »