Orissa Court September 2003 Judgments
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Uinited India Insurance Co. Ltd. Vs. Manorama Das and ors.
Court: Orissa
Decided on: Sep-16-2003
Reported in: 3(2005)ACC40
B.P. Das, J.1. Heard Mr. A.K. Mohanty, the learned Counsel for the appellant and Mr. P.N. Misra, learned Counsel for the respondents.2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') at the instance of the insurer challenging the award dated 12.8.2002 passed by the 3rd Motor Accident Claims Tribunal, Puri, in M.A.C.T. Misc. Case No. 48/144 of 2000/1999.3. The respondent Nos. 1 to 3, who are the legal heirs of the deceased Baishnab Charan Das, filed an application under Section 166 of the Act stating that the said Baishnab Charan Das was working as special messenger in the Head Office of Puri Gramya Bank at Pipili and on 14.9.1998, after his office duty at about 5.15 p.m. while he was waiting at the bus stop near his office for a Puri bound bus, a bus bearing registration No. OSP 5689 came from Bhubaneswar side and stopped at the aforesaid stop in order to pick up passengers. While the deceased being the last passenger was about to board the bus...
Demech Chemical Products Pvt. Ltd. Vs. Kcs Private Limited
Court: Orissa
Decided on: Sep-15-2003
Reported in: 2004(I)OLR9
ORDERP.K. Tripathy, J.1. Heard.2. This Civil Revision Petition stands disposed of at the stage of admission.3. Defendant in Money Suit No. 58 of 2001 is the petitioner and plaintiff is opposite party in this Civil Revision Petition. Plaintiff filed the suit claiming for refund of certain amount accruing in its favour, said to be out of an agreement/contract relating to supply and sale of materials. Defendant, inter alia, denied to existence of any such agreement and claimed in their written statement that if at all an invoice constitutes an agreement, then the conditions stipulated therein confers jurisdiction in the Court at Pune for any dispute arising between the parties on that transaction and therefore, jurisdiction of the Civil Court at Rourkela is ousted. On 26.4.2003 application filed under Order 7, Rule 10 of the Code of Civil Procedure (in short 'the Code') by the defendant for return of the plaint to the plaintiff was rejected by learned Ad-hoc Addl. District Judge (Fast Tra...
Rabinarayan Hati Vs. Nityananda Patra and anr.
Court: Orissa
Decided on: Sep-12-2003
Reported in: 97(2004)CLT46
A.K. Patnaik, J. 1. The petitioner and the opp. party No. 1 contested in the election for membership of Rajnagar Panchayat Samiti from Rangani Grama Panchayat and the petitioner was declared elected. The opp. party No. 1 filed Panchayat Samiti Election Case No. 1 of 2002 before the learned Civil Judge (Senior Division ) -cum- Election Commissioner, Kendrapara, alleging inter alia that in the first count, the opp. party No. 1 polled as many as 2269 valid votes whereas the petitioner polled only 2268 valid votes, but a re-count was held illegally in which 39 number of valid votes polled by the opp. party No. 1 were rejected illegally and the opp. party No. 1 was shown to have polled 11300 and the petitioner was shown to have polled 2260 valid votes. Evidence was led by the opp. party No. 1 in support of the said allegations and a petition was filed by the opp. party No. 1 before the learned Civil Judge (Sr. Division), Kendrapara for opening of ballot paper packets of the respective booth...
Satyananda Sahu Alias Kuna Vs. State of Orissa
Court: Orissa
Decided on: Sep-12-2003
Reported in: 2003(II)OLR438
ORDERM. Papanna, J.1. Head Shri Jayadeep Pal, learned counsel appearing for petitioner and learned Additional Standing Counsel for State.2. Seeking pre-trial release of petitioner on bail in G.R. Case No. 907 of 2003 subjudice before learned S.D.J.M.. Angul. present application under Section 439 Cr.P.C. is made on his behalf.3. Prosecution case is that petitioner wrongfully restrained the victim, abused her. committed sexual assault on her and intimidated her criminally. On information of victim. Angul P.S. Case No. 64/2003 has been registered.4. Learned counsel appearing for petitioner urges that petitioner is innocent of allegation. According to him it is a false case foisted against petitioner. That apart, no sign of injuries on her person nor in her private part has been noticed by Doctor who examined her on police requisition. He has reiteratedly canvassed for release of the petitioner from detention on the ground that hymen of the victim has been found intact even after alleged s...
Sri Durga Condev (P) Ltd. Vs. Indian Oil Corporation Ltd. and ors.
Court: Orissa
Decided on: Sep-11-2003
Reported in: 2004(1)ARBLR449(Orissa); I(2005)BC313; 97(2004)CLT184
L. Mohapatra, J. 1. The petitioner in this writ application challenges the legality of the tender call notice in Annexure-5 inviting tender for completion of the balance work of Chainlink Fencing for Eastern Indian Refinery Project at Paradeep.2. The case of the petitioner is that he was one of the tenderers for the work Chainlink Fencing for the Eastern Indian Refinery Project pursuant to advertisement issued by the opposite party No. 2 and its tender having been accepted, an agreement was entered into. Though the work was to be completed within a period of six months from the date of handing over the site, it is alleged by the petitioner that due to non-co-operation on the part of the opposite parties 1 to 3 in handing over the work site execution of the work was delayed. It is further alleged in the writ application that apart from delay in handing over the work site, the opposite parties 1 to 3 also did not provide any security as the local land owners strongly protested and object...
Somadarsan Mohanty Vs. Union of India (Uoi) and 10 ors.
Court: Orissa
Decided on: Sep-11-2003
Reported in: 2003(II)OLR452
Sujit Barman Roy, C.J.1. This petition under Article 226 of the Constitution of India has been styled as a Public Interest Litigation. We have heard the petitioner in person, learned counsel for Union of India, learned Advocate General for the State of Orissa, Mr. S. Pal for the Tata Iron and Steel Company Ltd. (hereinafter referred as TISCO and also Ms. Indira Jayasingh for opposite party Nos. 6 and 7). By this petition, petitioner has prayed for a writ of mandamus directing the CBI to investigate into allegations of kick-back of crores of rupees for withdrawing the condition of captive use of ore extracted from the lease hold mine and for quashing letter dated 23.7.97 issued by the Government of Orissa withdrawing such condition and also for an order of injunction restraining inter alia, TISCO from selling chrome ore extracted from the said lease hold mine at Sukinda Valley etc.2. At the very outset Mr. S. Pal appearing on behalf of opposite party No. 3 being TISCO contended that the...
Bhobani Bhoi Vs. Gati Bhoi and ors.
Court: Orissa
Decided on: Sep-10-2003
Reported in: AIR2004Ori110; 96(2003)CLT577; 2003(II)OLR603
P.K. Tripathy, J.1. Appellant was the plaintiff in Title Suit No. 137 of 1958. He sought for a decree of partition of the disputed suit properties as against some of the heirs of late Ananda and some of the descendant of late Baban. A compromise was effected in that suit allotting specific properties to the plaintiff and defendants in that suit. That was followed with a final decree. Thereafter, Respondent No. 1 in the present appeal filed Title Suit No. 199 of 1969 to declare the compromise decree in T.S. No. 137 of 1958 being vitiated by fraud, forgery and collusion and not binding on him and for declaring his 1/4th share out of the joint family property. He also asserted that Defendant No. 1 and Defendant No. 6 are respectively the share holder of 1/4th and 1/2 share from the joint family property i.e. the suit land. In that suit, there was no prayer for allotment of share to others. It was also stated in that plaint that the present appellant (plaintiff in Title Suit No. 137 of 195...
Smt. Manjushree Tripathy Vs. Secretary, Orissa Legislative Assembly
Court: Orissa
Decided on: Sep-10-2003
Reported in: 97(2004)CLT111
A. K. Patnaik, J. 1. In response to an advertisement dated 17.5.1993 the petitioner applied for a post of Junior Assistant in the Secretariat of the Orissa Legislative Assembly, Bhubaneswar and she appeared in a selection test conducted on 13.11.1997. She was informed by the opposite party by a letter dated 12.2.1999 that she has been provisionally selected for appointment as Junior Assistant but her appointment was purely temporary and terminable at any time and subject to the decision of this Court in O.J.C. Nos. 4735, 5174 and 5175 of 1998. The petitioner joined as Junior Assistant in the Secretariat of the Orissa Legislative Assembly on 12.2.1999. On 20.2.1999, an office order was issued that the petitioner was temporarily appointed as a Junior Assistant in the Secretariat with effect from 12.2.1999 on probation for a period of one year. Thereafter, by an office order dated 8.2.2000 the petitioner was allowed to continue on probation for a further period of one year with effect fro...
The Oriental Insurance Co. Ltd., Represented by Regional Manager Vs. B ...
Court: Orissa
Decided on: Sep-09-2003
Reported in: II(2004)ACC685; 96(2003)CLT793
Pradip Mohanty, J.1. Aggrieved by the order dated 22.9.1999 of the Member, 2nd Motor Accidents Claims Tribunal (S.D.), Berhampur, in M.A.C. No. 118/94(39/94), the appellant-Insurance Company has filed this appeal.2. The fact of the case, in brief, is that on 2.9.1998 at about 10.30 P.M. while one Satyanarayan Pradhan (hereinafter referred to as the 'deceased') was travelling in the Trekker bearing Registration No. OSG 7680 as a passenger, due to rash and negligent driving of the driver, he fell down and succumbed to the injuries. The claimants, who are the parents of the deceased have filed the claim petition for compensation.The owner of the offending vehicle contested the case denying the allegation. He has taken the stand that the vehicle was insured with the appellant and there was valid driving licence. The Insurance Company filed written statement and took the stand that the deceased was not a passenger, but the helper of the vehicle and, therefore, the policy does not cover the ...
ispat Labour Union, Steel Employees Association and Dillip Kumar Mohap ...
Court: Orissa
Decided on: Sep-09-2003
Reported in: 97(2004)CLT194
L. Mohapatra, J.1. Ispat Labour Union, Rourkela, a registered Trade Union, has filed W.P.(C) No. 2465 of 2003 challenging the notice dated 3.3.2003 in Annexure-4 passed by the Assistant Labour Commissioner and Returning Officer, Rourkela issuing a notice in exercise of powers conferred under Sub-rule (2) of Rule 11 of the Verification of Membership and Recognition of Trade Unions Rules, 1994 (hereinafter called as 'the Rules') indicating therein that voting through Secret Ballot for the purpose of verification of membership of trade unions functioning in Rourkela Steel Plant was scheduled to be held on 21.3.2003. The Steel Employees Association, Rourkela, another registered trade 'Union, has filed W.P. (C) No. 6294 of 2003 for the selfsame relief. So far as W.P.(C) No. 5140 of 2003 is concerned, same has been filed by the Secretary of Rourkela Shramik Sangh praying for issuance of a direction to allow the Union i.e. petitioner No. 2 to continue with recognition in accordance with the p...
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