Orissa Court January 2005 Judgments
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Bhajaman Parida Vs. State of Orissa and Five ors.
Court: Orissa
Decided on: Jan-13-2005
Reported in: 2005(II)OLR161
ORDERA.S. Naidu, J.1. Invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge the order dated 15th February, 1997 in R.P. Case No. 2183/92 (Armexure-3) passed by the Commissioner of Consolidation, opposite party No. 2, mainly on the ground that the said order has been passed dismissing the Revision without considering the facts and circumstances of the case and misconstruing the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (hereinafter referred to as 'the Act') and the Rules framed thereunder.2. The dispute relates to lands situated in village Ola under Nimapara Police Station in the district of Puri which the petitioner claims to have purchased by a registered sale deed dated 10th October, 1984 from opposite party No. 6, Kumkum Mani Mohanty. Admittedly one Gobardhan was the exclusive owner of the said land. Gobardhan had two sons, namely, Braja and Jayakrushna. Braj...
Dillip Chawda Vs. Presiding Officer, Labour Court and ors.
Court: Orissa
Decided on: Jan-12-2005
Reported in: [2005(105)FLR50]; (2005)IILLJ101Ori; 2005(I)OLR264
A.S. Naidu, J. 1. The petitioner-workman challenges the Award dated August 19, 1993 passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No.44/92. The petitioner asserts that he was appointed as a Correspondent in the establishment of Eastern Media Limited, Bhubaneswar in August, 1986. He was receiving a salary of Rs.400.00 per month and besides that he was enjoying other emoluments and was also permitted to avail scooter loan. But then without any rhyme or reason he was retrenched from his service by the management with effect from December 1, 1999. Being aggrieved by such illegal action he raised a dispute under the Industrial Disputes Act. After conciliation failed, the State Government in exercise of its power conferred under it under Sections 10 and 12 of the Act, referred the following dispute to the Presiding Officer, Labour Court, Jeypore for adjudication:'Whether the retrenchment of Shri Dillip Chawda, Correspondent with effect from December 1, 1991 by the Manag...
Smt. Durshan Kaur and ors. Vs. Abhimanyu Sahoo and anr.
Court: Orissa
Decided on: Jan-12-2005
Reported in: III(2005)ACC458; 99(2005)CLT726
L. Mohapatra, J.1. This appeal is directed against the Judgment dated 30th June, 1992 passed by the Second Motor Accident Claims Tribunal, Northern Division, Sambalpur in Misc. (A) Case No. 220 of 1989 (K).2. The widow, sons and daughters of the deceased Karam Singh had filed the claim petition for payment of compensation of Rs. 6,00,000/-(Rupees six lakhs). It is alleged in the claim petition that on 30th June, 1989 at about 3.00 P.M. the deceased was going from Barbil to Jamda by scooter Bearing No. BRS 7695. Near Balkundi Chhak the offending bus bearing Registration No. ORJ 6601 coming from the opposite direction at very high speed in a rash and negligent manner moved to its extreme right and collided with the scooter. Because of the said accident, the deceased fell down on the ground and sustained severe injuries on his head and other parts of the body. The deceased was shifted to Chaibasa Government Hospital where he succumbed to the injuries. The owner of the offending vehicle fi...
Sanabudu Jhadia Vs. State of Orissa
Court: Orissa
Decided on: Jan-12-2005
Reported in: 2005(I)OLR312
A.K. Samantray, J.1. The appellant calls in question the judgment and order dated 2.6.2004 passed by the learned Addl. Sessions Judge, Rayagada, convicting him under Section 302, I.P.C and sentencing him to imprisonment for life in Sessions Case No. 13 of 2002 arising out of Tikir P.S. Case No. 41 of 2001.2. The factual backdrop, which resulted in the trial of the appellant (hereinafter called as 'Accused') in the aforementioned Sessions Case, may be stated as follows :On 14.10.2001 at about 4.00 P.M. the informant Kailash Jhadia while in his paddy field, got information about murder of his father-in-law Bada Govinda Jhadia (hereinafter referred to as 'Deceased') and immediately rushed to the village and found the deceased lying dead on the backside of the street of Sana Govinda Jhadia. The informant ascertained from his wife and Ors. and was informed by them that on the same day at about 3.30 P.M. when the deceased was standing on the road near about his cow-shed, at that time the acc...
Smt. Charu Pattnaik Vs. Commissioner, Land Records and Settlement and ...
Court: Orissa
Decided on: Jan-12-2005
Reported in: 2007(II)OLR237
L. Mohapatra, J.1. W.P. (C) No. 5584 of 2003 has been filed against the order dated 9.1.2002 passed by the Commissioner, Land Reforms and Settlement, Orissa, Cuttack, in R.P. No. 9043 of 2001 directing the Settlement Officer to treat the revision petition filed under Section 32 of the Act as an appeal under Section 22 and decide the case on merit after notice to the parties.2. This Court in the above case by order dated 6.6.2003 directed stay of further proceedings in Appeal Case No. 257 of 2002 pending before the Settlement Officer, Puri. The said interim order was extended again on 28.7.2003. However, when the matter was taken up on the next date i.e. 27.10.2003 no order was passed by this Court extending the interim order. In view of the above, the Settlement Officer proceeded with hearing of the appeal and disposed of the same by order dated 29.8.2003. The said order passed by the Settlement Officer in Appeal Case No. 257 of 2002 has now been challenged in W. P. (C) No. 405 of 2004...
The Managing Director, Western Electricity Supply Co. of Orissa Ltd. a ...
Court: Orissa
Decided on: Jan-11-2005
Reported in: AIR2005Ori188; 99(2005)CLT201
M.M. Das, J.1. This appeal has been preferred by the defendants in a suit for damages and compensation filed by the respondents on account of death of one Sriram Sa. The respondents as plaintiffs filed Money Suit No. 60 of 1990 along with an application under Order XXXIII, Rule 1, CPC for leave to sue as an indigent person. The said application being allowed by Order dated 29.4.1997, the Money Suit was re-numbered as M.S. No. 19 of 1997 in the Court of the Civil Judge (Senior Division), Bblangir.2. The plaintiffs case was that on 19.12.1989 at about 11 A.M. the deceased who was the husband of Plaintiff No. 1 and father of Plaintiff No. 2 while working in paddy field in village Arjunda, came in contact with the stay-wire supporting the electric pole. The said electric pole was with respect to high-tension electric line drawn from Dumerbahal electric sub-station. The stay-wire being charged with electricity, the deceased coming in contact with the said wire was electrocuted and died at t...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Saroj Kumar SwaIn ...
Court: Orissa
Decided on: Jan-11-2005
Reported in: 2006ACJ2126; 99(2005)CLT279
M.M. Das, J.1. This appeal by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') is directed against the judgment and award dated 18.10.2000 passed by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Cuttack, in W.C. Case No. 862-D of 1998.2. Respondent No. 1 -Saroj Kumar Swain sustained grievous injuries, such as, fracture of femur bone of his left leg, fracture of mandible bone and bleeding injuries on the face and other parts of the body in a motor vehicle accident, when he was traveling in a truck bearing Registration Number OR-05-B-4331 on 16.10.1995 in between Cuttack and Panikoili. He filed a claim for compensation under the Act, before the Commissioner for Workmen's Compensation bearing W.C. Case No. 862-D of 1998. Respondent Nos. 2 and 3 and the appellant were the Opp. Parties in the said case. All the Opp. Parties filed their respective written statements. Respondent No. 2 M/s. Trupti Drinks Pv...
Oriental Insurance Co. Ltd. Vs. Saroj Kumar SwaIn and ors.
Court: Orissa
Decided on: Jan-11-2005
Reported in: I(2007)ACC395
M.M. Das, J.1. This appeal by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act)' is directed against the judgment and award dated 18.10.2000 passed by the Commissioner for Workmen's Compensation-cum-Asstt. Labour Commissioner, Cuttack, in W.C. Case No. 862-D of 1998.2. Saroj Kumar Swain, respondent No. 1, sustained grievous injuries, such as, fracture of femur bone of his left leg, fracture of mandible bone and bleeding injuries on the face and other parts of the body in a motor vehicle accident, when he was travelling in a truck bearing registration No. OR 05-B 4331 on 16.10.1995 in between Cuttack and Panikoili. He filed a claim for compensation under the Act, before the Commissioner for Workmen's Compensation bearing W.C. Case No. 862-D of 1998. Respondent Nos. 2 and 3 and the appellant were the opposite parties in the said case. All the opposite parties filed their respective written statements. Trupti Drinks Pvt. Ltd., respo...
Krishna Chemicals and Diamond Chemical Industries Pvt. Ltd. Vs. Orient ...
Court: Orissa
Decided on: Jan-07-2005
Reported in: 99(2005)CLT324; [2005]128CompCas412(Orissa); [2005]64SCL212(NULL)
ORDERA.K. Patnaik, J.1. These two petitions filed under Sections 433, 434 and 439 of the Companies Act, 1956 though heard separately on two separate dates, are being disposed of by this common order as they have a common prayer for an order to wind up one and the same company, the Orient Paper and Industries Ltd. (for short, 'the Company') and raise common questions of law.2. The case of the petitioner in Comp. Act No. 25 of 1999 is that by purchase Orders dated 3.12.1997, 8.12.1997, 23.4.1998, 30.4.1998 and 3.10.1998 the Company asked the petitioner to supply Amotex (Defomer) Aronol (Wax emulson) and Pep size-500 for its business of manufacture and sale of pulp, paper, board and other articles. The purchase orders inter alia stipulated that payment will be made within 60 days/90 days sight through UCO Bank, Brajarajnagar and overdue interest payable at the rate of 16 percent per annum. In terms of the said purchase orders, the petitioner supplied the goods to the Company but the price...
State of Orissa and ors. Vs. Suresh Ch. Nayak and ors.
Court: Orissa
Decided on: Jan-07-2005
Reported in: 99(2005)CLT333; 2005(I)OLR292
ORDERM.M. Das, J.1. The State of Orissa through the Secretary, School and Mass Education Department along with other Officers are the petitioners in this application for review. The petitioners have prayed for setting aside the Order dated 20.2.2001 passed in O.J.C. No. 11541 of 2000, Order dated 24.7.2001 passed in Misc. Case No. 9264 of 2001 and the Order dated 24.9.2001 passed in Misc. Case No. 11162 of 2001, arising out of the said Writ Application.2. Mr. Sarangi, Learned Senior Standing Counsel on behalf of the petitioners, submitted that O.J.C. No. 11541 of 2000 was filed by the present opp. parties as the petitioners with a prayer to issue a direction to the Opp. Parties who are the petitioners in this review application, to conduct a fresh viva voce test and allow the writ petitioners to participate in the said test with police protection. He submitted that no notice of the said Writ Application was sent to the opp. parties therein i.e., the review-petitioners, but by Order dat...
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