Orissa Court January 2004 Judgments
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Divisional Manager, New India Assurance Company Ltd. Vs. Kumari Haramo ...
Court: Orissa
Decided on: Jan-16-2004
Reported in: III(2004)ACC364; 97(2004)CLT543
M. Papanna, J.1. Judgment of learned Member find M.A.C.T. (N.I.), Sambalpur (for short' the Tribunal) in Misc. (A) Case No. 163 of 1987 (K) is called in question in this appeal.2. Claimant who is Respondent No. 1 herein made application to the learned Tribunal claiming compensation on account of injuries sustained by her in a motor vehicle accident. On the date of accident the Claimant was returning from Joda to Barbil in a jeep bearing registration No. ORJ 1899 being driven by the accused-driver rashly and negligently. At that time, a Car bearing registration No. BHS 595 came from Barbil side in rash and negligent manner. Both the vehicles colluded with each other near Barbil College building, as a result of which the claimant sustained severe injuries for which she was admitted in the hospital.3. The learned tribunal on consideration of evidence on record came to hold that the driver of the offending Car was rash and negligent in driving the vehicle and thereby causing the accident a...
Oriental Insurance Co. Ltd. Vs. Rahil Jacob and anr.
Court: Orissa
Decided on: Jan-16-2004
Reported in: I(2005)ACC523; 2004(I)OLR360
B.P. Das, J.1. Oriental Insurance Company Ltd. has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 14.10.1999 passed in M.A.C.T. Misc. Case No. 55/1184 of 1993/1990 by which the 3rd Motor Accidents Claims Tribunal. Puri, has awarded compensation of Rs. 3,30,000/- together with interest @ 12% per annum for the death of the mother of claimant-respondent No. 1 in a motor vehicular accident on 6.1.1990 in Bhubaneswar town. 2. Claimant-respondent No.l, the minor son of the deceased, filed a claim application before the 3rd Motor Accidents Claims Tribunal, Puri, stating therein that on 6.1.1990 at about 11.00 a.m. while his mother, after attending the final law examination, was returning to her residence in a rickshaw, near A.G. Square the rickshaw-puller stopped his rickshaw seeing the red-light signal at the traffic post. At that time an Ambassador car bearing registration number AAV 7227 came at a high speed in a rash and negligent manne...
Collector Vs. Dileswar Pradhan and ors.
Court: Orissa
Decided on: Jan-15-2004
Reported in: 97(2004)CLT405
M. Papanna, J. 1. Judgment of learned Civil Judge (Senior Division), Deogarh in L. A. Case No. 22/99 is under challenge in this appeal.2. Facts of the case leading to present appeal are like this : For the purpose of Rengali Dam Project, Government of Orissa has acquired Ac. 7.53 1/2, decimals of land covered by Khatas 1, 1/1, 10, 12 and 14 in Mouza Gothamada and awarded Rs. 70,164.70 towards compensation for such acquisition along with trees. Respondents received the said compensation with protest. They, being aggrieved by the aforesaid award, filed a petition before the Land Acquisition Officer cum-Collector, Deogarh who in turn made a reference under Section 18 of the Land Acquisition Act (for short 'the Act') to the learned Civil Judge (Senior Division) for determination of proper compensation.3. Respondents have pleaded that they were growing paddy, mung and Rasl over the land in question. They were getting 20 pudugs of paddy, 4 Qtls of Mung and 3 Qtls of Rasi per acre from the sa...
State of Orissa, Represented by the Collector Vs. Gula Kisan and ors.
Court: Orissa
Decided on: Jan-15-2004
Reported in: 97(2004)CLT485
M. Papanna, J.1. Judgment of learned Civil Judge (Senior Division), Deogarh in L. A. Misc. Case No. 47/2000 is called in question in this appeal.2. Facts of the case leading to present appeal are like this :.Government of Orissa acquired land of the respondents measuring Ac. 4.93 decimals in Mouza Chhachunia for the purpose of Rengali Dam Project. Government awarded Rs. 32,466.76 paise towards compensation. The petitioners, who are respondents herein, received the said compensation with protest. Thereafter they claimed higher compensation for which they made representation to the Land Acquisition Officer-cum-Collector who in turn forwarded the same to the learned Civil Judge (Senior Division), Deogarh. The petitioners pleaded ' that they were growing Paddy and Mung from the said land. The land in question is backed by irrigation facility. Their further plea is that the compensation awarded by the appellant is quite inadequate. They claimed Rs. 35,000/- per acre towards compensation for...
Sk. Munu Alias Sk. Raffique Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-15-2004
Reported in: 2004(I)OLR139
A.K. Patnaik, J.1. The petitioner was arrested in connection with Kendrapara P.S. Case No. 85 of 2003 registered under Sections 387/506/294 I.P.C. read with Sections 25 and 27 of the Arms Act and was forwarded to the Court of the Sub-Divisional Judicial Magistrate, Kendrapara on 16.4.2003 and was remanded by the Court in the same day to judicial custody. While he was in judicial custody, he was served with an order dated 26.4.2003 of the District Magistrate, Kendrapara under SubSection (2) of Section 3 of the National Security Act, 1980 (for short, 'the Act') directing that the petitioner be detained in Choudwar Circle Jail until further orders. The petitioner was also served with the grounds of detention by communication dated 26.4.2003 of the Judicial Magistrate, Kendrapara. Thereafter, the order of detention was confirmed by the Government of Orissa, Home (Special Section) Department by order dated 26th of May, 2003 passed under Section 12 of the Act. Aggrieved, the petitioner has f...
The Printing World Vs. the Director, Text Book Production and Marketin ...
Court: Orissa
Decided on: Jan-14-2004
Reported in: II(2005)BC280; 97(2004)CLT137
A.S. Naidu, J. 1. This writ application has been filed by a Proprietorship Firm represented through its proprietress, inter alia, praying for issuance of a direction to the Opp. Party to hand-over two Bank Drafts i.e. the Draft for Rs. 4,70,613/- dated 7.7.2003 and another for Rs. 10,587/-dated 7.7.2003 drawn on the State Bank of India, Cuttack to the petitioner towards payment due to him for undertaking printing job of Text Books.2. Admittedly, the Opp. Party-Director, Text Book Production and Marketing, Orissa, Bhubaneswar, invited tenders for printing of Text Books for Class-Ill to Class-VII. The petitioner, who carries on business of printing submitted tender along with several other Printers for the work of printing of the said Text Books. The rate offered by the petitioner was considered and the Opp. Party placed orders, with different printers, including the petitioner. After observing. all paraphernalia, the petitioner entered into an agreement with the Opp. Party on 10th July,...
Siba Prasad Padhi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-14-2004
Reported in: 2004(I)OLR200
A.S. Naidu, J. 1. The petitioner, a Special Class Contractor, seeks to challenge the decision of opposite party Nos. 1 to 4 date 21.1.2003 to award the contract work for execution of 'Improvement to Huma Tail Distributory from R. D. 00 K.M. to R. D. 8.00 K.M. including Piplipali Minor' mainly on.the ground that the said decision was tainted with extraneous considerations and was otherwise illegal and arbitrary. 2. Admittedly the Tender Call Notice (Annexure-1) was issued by the Executive Engineer, Hirakud N.W.M.P. Division, Bargarh inviting sealed tenders in the prescribed form to be eventually drawn in P.W.D. Form No. F2 from the Super Class and Special Class Contractors, registered under the Water Resources, Works or other Department of Government of Orissa for the aforesaid work along with other works as enlisted in the table contained in the said notice. The work in question appears at serial number 13 of the Tender Call Notice. The said Tender Call Notice was published in the Dail...
Asis Ranjan Chaini Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-14-2004
Reported in: 2004(I)OLR247
A.S. Naidu, J.1. The petitioner seeks to challenge the Advertisement issued by the Orissa Public Service Commission inviting applications in the prescribed form for admission to the competitive examination for direct recruitment to the Orissa Judicial Service, Class II. The said Advertisement was issued in accordance with Rule 5 of the Orissa Judical Service Rules, 1994 bearing Advertisement No. 10 of 2003-2004, vide Annexure-3, solely on the ground that the upper age limit stipulated in the said Advertisement is contrary to the decisions of this Court and causes hardship to the petitioner and many others similarly situated. According to the petitioner, no Advertisement was made for recruitment to Orissa Judical Service, Class II for the years 2000-2001, 2001-2002 and 2002-2003 causing hardship to many candidates who intended to appear in such recruitment examination. Challenging the said inaction of the State Government, a Writ petition in the nature of public interest litigation was ...
New India Assurance Co. Ltd. Vs. Bhramara Bag and anr.
Court: Orissa
Decided on: Jan-13-2004
Reported in: 2004(I)OLR261
A.S. Naidu, J. 1. This appeal has been filed invoking the jurisdiction under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 17th March, 1994 passed by the 2nd M.A.C.T. (Northern Division), Sambalpur in Misc. (A) Case No. 297 of 1990(S) awarding a compensation of Rs. 62,000/ - with interest thereon from the date of claim to claimant - respondent No.l. 2. Bereft of unnecessary details, the short facts of thecase as alleged in the claim petition are that the petitionerwho was a poor rickshaw puller met with an accident on 17.7.1990at 6.30 P.M. near Dhanupali Chhak, Sambalpur. At the timeof accident, he was moving on foot on the left side of NationalHighway No. 42. The offending jeep bearing registration No.DHE-9341 coming in high speed and being driven in rash andnegligent manner, dashed against the applicant from his backsideas a result of which he sustained injuries including fracturein the right leg. On the basis of a petition filed by him, Misc.(A) Case No. 2...
Dhuba Behera Vs. State of Orissa
Court: Orissa
Decided on: Jan-13-2004
Reported in: 2004(I)OLR290
A.S. Naidu, J. 1. The petitioner faced trial in the Court of learned J.M.F.C, Rampur for commission of offence punishable under Section 47(a) of the Bihar and Orissa Excise Act in 2(a) C.C. No.8 of 1992/Tr. No. 872 of 1992. It was alleged by the prosecution that on 24.9.1992 at about 1.15 P.M. the Sub-Inspector of Excise, P.W.2, along with his staff conducted a search of the residential house of the accused after observing all the formalities of search and seizure and recovered 25 litres of I.D. liquor kept in one motor tube and two jerricans. The seizure was made in presence of witnesses. The contents were tested at the spot by blue litmus paper and also by hydrometer. After being satisfied on tests that the liquid was nothing but I.D. liquor, the same was seized and seizure list was prepared vide Ext. 1/1. After completion of inquiry, prosecution report was submitted against the petitioner. 2. The plea of the defence was one of denial. 3. In order to substantiate the case, the prosec...
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