Orissa Court October 2005 Judgments
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National Insurance Company Ltd. Vs. Kanduri Sethy and Nine ors.
Court: Orissa
Decided on: Oct-27-2005
Reported in: II(2006)ACC742; 2006(I)OLR540
ORDERA.S. Naidu, J.1. Heard.2. Judgment dated 13.8.2003 passed by the 2nd Addl. District Judge-cum-Motor Accident Claims Tribunal, Cuttack in M.V. Misc. Case No. 644 of 1997 is assailed by the National Insurance Company Limited in MACA No. 740 of 2003. The same Judgment is also assailed by the claimant-petitioners in MACA No. 889 of 2003. The facts and points in both the cases being same they were taken up together for hearing.3. In a motor vehicle-accident which occurred on 1.6.1997 due to collision between a Trekker bearing registration No. OR-05-C-8257 and a Truck bearing registration No. ORL-1259 one Mohan Sethy who was working as a Manager in Rebika Hotel and was aged about 26 years sustained grievous injuries and ultimately succumbed. It is alleged that he was earning a sum of Rs. 3500.00 per month. The widow and old parents, minor children and other legal heirs filed an application under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 10,000,00.00.4. On rece...
Executive Officer, Sri Baldev Jew Bije Vs. Smt. Anapurna Jena and anr. ...
Court: Orissa
Decided on: Oct-26-2005
Reported in: AIR2006Ori72; 100(2005)CLT729
P.K. Tripathy, J.1. Notwithstanding the complainant -- Opp. Parties are different in two consumer dispute cases, since similar question of law is involved and the parties to the proceedings are represented by same set of lawyers, on their request both the Writ Petitions were heard analogously and disposed of by this common judgment.2. Smt. Annapurna Jena, Opp. Party No. 1 in W.P.(C) No. 2662 of 2003 filed Consumer Dispute Case No. 4 of 1997 before the District Consumer Disputes Redressal Forum, Keonjhar (in short 'District Forum') with the prayer to direct the Writ Petitioner, i.e., the Executive Officer Sri Baladev Jew Bije at Keonjhar and the Commissioner of Endowments, Orissa, Bhubaneswar to execute sale deed of certain properties of the deity as per the order passed by the Commissioner of Endowments in O. A. No. 9 of 1986.3. Smt. Premalata Jena, Opp. Party No. 1 in W.P.(C) No. 2817 of 2003 also filed Consumer Dispute Case No. 5 of 1997 in the same District Forum for similar relief ...
United India Assurance Co. Ltd. Divisional Office Vs. Gangadhar Sahoo ...
Court: Orissa
Decided on: Oct-26-2005
Reported in: I(2006)ACC667; 2006ACJ2842; 2006(1)OLR44
P.K. Tripathy, J.1. Judgment dated 10.12.1999 by learned Single Judge in Misc. Appeal No.675 of 1996 is under challenge.2. Respondents in this A.H.O. were the claimants in Misc. (A) Case No.234 of 1994 (D) of the Court of 2nd M.A.C.T., Northern Division, Sambalpur. They filed that application under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') with the contention that on 18/19.07.1994 Late Tankadhar Sahoo (son of claimant No.1, husband of claimant No.2 and father of claimant Nos. 3 to 5) while travelling in a goods vehicle, i.e., a truck bearing Registration No. OR-15-A-4731, suffered death due to rash and negligent driving of the said truck and the accident thereof. The owner of the truck, respondent No.6 in this A.H.O. did not contest the case and remained ex parte. The appellant as opposite party No.2 contested the claim and inter alia stated that it has no liability to pay compensation as the deceased was owner of the goods moving in the truck. The Claims Tribuna...
Surjyanarayan Bisoyi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-26-2005
Reported in: 2006(I)OLR152
B.P. Das, J.1. The petitioner, who is continuing as Junior Librarian in K.S.U.B. College, Bhanjanagar, has filed this writ application praying for a direction to the opposite parties to re-designate his post as Assistant Librarian with effect from 22.11.1994 in the pay scale of Rs.1400-2300/- and with effect from 1.1.1996 in the revised scale of pay and give him the consequential benefits and release the same within a time frame.2. The brief facts, as narrated in the writ petition, tend to reveal that the petitioner was initially appointed as a Junior Clerk, which is a Management post, on 3.8.1985 by the Governing Body of K.S.U.B. College, Bhanjanagar, admittedly a non-Government Aided Educational Institution. Initially, one Smt. Jharana Mohanty was appointed as Assistant Librarian in the College and after her promotion to the post of Librarian with effect from 22.11.1994, the Governing Body of the College in its Resolution No.5 dated 4.4.1998 appointed the petitioner, who was a Gradua...
Sahu Transport Corporation, Represented by Its Managing Partner, Sri J ...
Court: Orissa
Decided on: Oct-26-2005
Reported in: II(2006)ACC567; 101(2006)CLT370
P.K. Tripathy, J.1. This A.M.O. is directed against the judgment dated 18.5.1995 in Misc. Appeal No. 369 of 1992 delivered by Learned Single Judge of this Court. The claimant-respondent Smt. Renuka Mohapatra filed claim petition claiming for compensation due to death of her husband Sarat Chandra Mohapatra in an automobile accident while travelling as a passanger in the vehicle bearing Registration No. O.A.C. 8496, a contract carriage, belonging to M/s. Sahu Transport Corporation, the appellant. Respondents 3 to 9, in this A.H.O., are the children of Late Sarat Chandra Mohapatra and Smt. Renuka Mohapatra. They were not figuring as claimants in the claim petition, but the award passed by the 2nd M.A.C.T., Northern Division Sambalpur provides for apportionment of compensation in their favour and, therefore, on their application in the appellate forum Learned Single Judge permitted them to be added as parties and that is how in this A.H.O. the appellant has made them respondents.2. The cla...
Branch Manager, National Insurance Company Ltd. Vs. Shri Aryadev Das
Court: Orissa
Decided on: Oct-26-2005
Reported in: II(2006)ACC578; 101(2006)CLT390
P.K. Tripathy, J.1. This Letter Patent Appeal (in short 'L.P.A.') has been filed by the appellant challenging to the award passed by the 3rd M.A.C.T., Balasore in M.A.C.T. Case No. 148/332 of 1997-96 and the confirming judgment with reduction of the compensation amount delivered on 2.12.2002 by the Learned Single Judge in Misc. Appeal No. 544 of 1999.2. The vehicle which met with accident, bears Registration No. OR-01-9681, a Tempo Trax, authorized to carry passengers under licence and permit so also the Insurance Policy issued by the appellant. Claimant-respondent is the owner of that Tempo Trax. According to him, on 5.6.1995 while he was travelling as a passenger in the said vehicle, at about 6.30 P.M. on N.H. 5 near Rahanja the vehicle met with accident due to rash and negligent driving of the driver and as a result of that he sustained multiple injuries including fracture injuries and remained as an indoor patient in Balasore District Head quarters Hospital from 6th to 14th June, 1...
Amit Taunk @ Amit Kishore Taunk Vs. State of Orissa
Court: Orissa
Decided on: Oct-25-2005
Reported in: 100(2005)CLT601; 2006CriLJ932; 2005(II)OLR725
N. Prusty, J.1. The Petitioner has approached this Court challenging the order dated 20.9.2005 passed by the learned S.D.J.M., Sadar, Cuttack in G.R. Case No. 1220 of 2005 rejecting an application under Section 457 of the Code of Criminal Procedure for release of the seized cash in his favour.2. The factual backdrop of the petitioner's case is that he was working as a Salesman (Gumasta) under M/s Sheth Bhagaban Das Vithal Das and Sons, Nayasarak, Cuttack and Nirmal Sheth is the proprietor of the said Firm. As usual on 5.8.2005 at about 12.30 p.m. he had gone to ICICI Bank, Bajrakabati Road, Cuttack, for depositing a sum of Rs. 25,00,000/- of the firm. While he was standing near the Cash counter of the Bank, some unknown persons snatched away his bag containing the entire amount of cash. The petitioner shouted and chased them. One of the accused persons, namely, Rajendra Giri (accused No. 1) was caught hold of by the local public. The petitioner lodged FIR in Mangalabag Police Station, ...
Smt. Rashmita Hikaka Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-25-2005
Reported in: 2005(II)OLR710
A.K. Parichha, J. 1. Petitioner, who is the elected Sarpanch of Kankubadi Grama Panchayat of Rayagada district in the election held in the year 2002, has challenged the notice dated 27.07.2004 issued by the opposite party No. 2 to conduct 'No Confidence Motion' against her as per the requisitions and resolution of some of the members of the said Grama Panchayat. The sole contention of learned counsel for the petitioner is that 15 days' clear notice was not given to the members before holding the meeting proposed as 'no confidence motion'. According to him. the notices were dispatched from the concerned Post Office on 29.07.2004 and the meeting was held on 13.08.2004 and, so the mandate of Section 24(2)(c) of the Orissa Grama Panchayat Act was not fulfilled. He submits that, for contravention of the provision under Section 24(2)(c) of the Orissa Grama Panchayat Act the notice dated 27.07.2004 and the meeting held on 13.08.2004 consequent to the said notice becomes illegal and needs to b...
Food Corpn. of India, Worker's Union Vs. Food Corpn. of India, rep. th ...
Court: Orissa
Decided on: Oct-25-2005
Reported in: 101(2006)CLT413; [2005(105)FLR25]
P.K. Tripathy, J.1. Petitioner has sought for review of the judgment delivered on 13.12.2004 in W.P. (C) No. 2928 of 2004 and W.P. (C) No. 5736 of 2004 relating to mode of payment of wages by cash. The Opp. Party members s.p also the intervener oppose to the application for review.2. It may be noted in substance that, petitioner filed W.P. (C) No. 2928 of 2004 to quash the instruction of the Regional Officer of the Food Corporation of India, i.e. communication dated 5.2.2004 relating to payment of wages to the departmental/DPS workers only by cheque. Petitioner also filed W.P. (C) No. 5736 of 2004 with the prayer to quash the communication dated 30.2.2004 of the Deputy Manager (IR) of the Office of the Senior Regional Manager, Food Corporation of India, Bhubaneswar and the decision of the District Manager, Orissa Region taken on 18.4.2004 to disburse the payment of wages/salary to the labourers ab'ove Rs. 1600/- through cheque. Both the Writ Applications were/heard analogously and disp...
Sarat Chandra Nayak Vs. Commissioner, Consolidation and ors.
Court: Orissa
Decided on: Oct-24-2005
Reported in: 100(2005)CLT616
P.K. Tripathy, J.1. The aforesaid Writ Petitions have been filed challenging to the confirming judgment of the revisional court passed by the Commissioner of Consolidation, Cuttack in Revision Case Nos. 1443 to 1447 of 1995.2. Before dealing with the respective plea of the parties, it is appropriate to note the genealogy which has been taken note by the Deputy Director, Consolidation, Jagatsinghpur in Consolidation Appeal Nos. 85 to 89 of 1993 so also by the Commissioner of Consolidation in the above noted revision cases. (Late) Baishnab |-----------------------| (Late) Sankar Kapila |-------------| |-------------| (Late) Gouranga Govinda (Late) Dhuleswar (Late) Kulmani W- Ulluchha W - Parbati W- Sabitri died 11.3.1993 | | | |------|------| |-------| |-------| Kailash Binod Premananda Subash Sukanta Namit Sanjukta | |-------| Babula Archana3. The Writ Petitioner claims to be the adopted son of Kulamani, Sabitri @ Saba, widow of Kulamani and her two daughters Namita and Sanjukta disput...
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