Orissa Court March 2010 Judgments

Divisional Manager, Oriental Insurance Company Ltd. Vs. Tushar Ranjan ...

Court: Orissa

Reported in: 110(2010)CLT14

S.K. Mishra, J.1. The simple question that arises for determination in this appeal preferred by the Insurance Company is whether, in spite of cancellation of the Insurance Policy prior to the date of accident, because of dishonour of the cheque deposited towards premium by the insured, the legal heirs of a third party who died in an accident of that vehicle shall have the right of claiming compensation from the Insurance Company.2. It is undisputed that on 16.07.2004 at about 11 A.M., while the deceased was standing in front of his house at village Bandha, the offending Dumper bearing Regn. No. MP-20G/4694 belonging to the Opp. Party No. 1 came in a rash & negligent manner & dashed against the deceased, as a result of which, he died at the spot. The claimant pleaded that the deceased was working as a Carpenter & was earning a sum of Rs. 3,500 per month, but the Learned 1st Motor Accident Claims Tribunal, Keonjhar (hereinafter referred to as the 'Tribunal' for brevity) did not accept su...

Subal Behera Vs. Executive Engineer, Cesu

Court: Orissa

Reported in: 109(2010)CLT753

S.K. Mishra, J.1. The Petitioner assails the action of the Opp. Party in disconnecting the electric supply to his premises. The Petitioner claims that since 1946 the father of the Petitioner & after him the present Petitioner & his family members are continuing to reside in the schedule property till date. The electric connection & the water supply connection were provided to the Petitioner in respect of the scheduled property. The Petitioner was also paying the electricity dues & water tax. The Petitioner was provided electricity domestic connection under consumer No. 01404698 & 01044937. His further case is that he has never defaulted in payment of the electricity dues nor he has violated any of the terms. On the threatened action of eviction by the G.A. Department of Government of Orissa, the Petitioner approached the Learned Civil Judge (Senior Division), Bhubaneswar in Title Suit No. 1.9 of 1998 with the prayer for grant of permanent injunction against the said department & also p...

Damayanti Sahu Vs. State of Orissa and ors.

Court: Orissa

Reported in: 110(2010)CLT19

S.K. Mishra, J.1. The Petitioner assails the Order Dated 09.06.2009 passed in Misc. Appeal No. 3 of 2009 rejecting her appeal to quash appointment of Opp. Party No. 5 as the Anganwadi worker of Nuapada (Chandala Sahi) Anganwadi Centre.2. The case of the Petitioner is that she was discharging her duties as Anganwadi Organizer from 24.05.1993 to 01.09.1998 & thereafter she has discharged the work of Anganwadi helper from 07.09.1998 till date. The Nuapada Anganwadi Sub-Centre was converted into Anganwadi Centre on 01.09.1998. The Petitioner aspired to be engaged as Anganwadi worker as she has the requisite experience. Her grievance is that the C.D.P.O. Sukruli Block recommended the name of Opp. Party No. 5 in violation of the guidelines prescribed by the Sate Government.3. The Petitioner had earlier preferred a Writ Petition before this Court bearing W.P.(C) No. 2120 of 2009, which was disposed of on 13.02.2009 directing the Petitioner to file an appeal before the Sub-Collector highlighti...

M/S. Jalaram Transport and anr. Vs. Mahanadi Coalfields Ltd. and ors.

Court: Orissa

1. The petitioners in this writ application challenge the letter dated 6.3.2006 (Annexure-7) issued by the Sr. Accounts Officer (Bill), Mahanadi Coalfields Limited, with regard to deduction on account of Transportation from the bills of the petitioners.2. The brief facts leading to the writ application are as follows:-Petitioner No.1 is a Proprietorship firm, which is represented through O.P.2, the power of attorney holder of the firm. O.P.1, i.e. Mahanadi Coalfields Limited ('MCL' in short) floated a tender for transportation of crushed coal from Samaleswari OCP CHP/Crushed Coal stock to Siding Nos. 1, II and III and Siding IV &V; for a period of 255 days for a total quantity of 30.60 lakh tonnes @ 12000 tonnes per day. Accordingly, the petitioners submitted their tender and after negotiation, the Letter Of Intent (LOI) dated 22.08.1998 was issued to the petitioners by opposite party No.2 and ultimately the final work order was issued to the petitioners on 2.2.1999 to execute the tran...

Prafulla Kumar Mohanty Vs. the State of Orissa

Court: Orissa

Reported in: 2010(I)OLR842

ORDERC.R. Dash, J.1. Heard.2. The petitioner is implicated in offence punishable under sections 302/201 I.P.C. on the basis of allegation that he committed murder of a young student of Class-II and caused disappearance of the evidence with a view to screen himself from legal punishment.3. The informant named, Keshab Bhumia, whose foster son is alleged to have been killed by the present petitioner, has filed an affidavit asserting that on suspicion F.I.R. was lodged against the petitioner and lodging of such F.I.R. was outcome of a misunderstanding of the matter.4. In course of investigation the petitioner moved this Court under section 438 Cr.P.C. and vide order passed in BLAPL No. 4657 of 2009 the petitioner has been given interim protection and period of such interim protection after extension is to expire tomorrow i.e. 30.3.2010. In the meantime while under the cover of the interim protection in the order passed by this Court under section 438 Cr.P.C, the petitioner moved the compet...

Medical Sciences (Kims), PatiA. Vs. State of Orissa and ors.

Court: Orissa

1. W.P.(C) No. 10733 of 2009 has been filed by the Principal, Kalinga Institute of Medical Sciences (for short, 'the KIMS') and W.P. (C) Nos. 16444, 16445, 16446, 16447, 16448 and 16449 of 2009 have been filed by six petitioners - students of the said institution, who have been asked to be discharged from the M.B.B.S. Course , 2008-09.2. The brief facts leading to the case are that the six petitioners-students appeared in the Orissa Joint Entrance Examination, 2008. Being selected to take admission in M.B.B.S. Course and being allotted the Medical College, i.e., the KIMS, they took admission in the said college and continued to study M.B.B.S. Course and were due to appear in the Ist Year M.B.B.S. Examination in the month of July, 2009, but were not permitted by the Utkal University to appear in the said examination in view of the letter dated 23.3.2009 of the Medical Council of India (for short, 'the M.C.I.') addressed to the Principal, KIMS, copy of which was endorsed to the Registrar...

Kumar Das and ors. Vs. Banchhanidhi Behera and anr.

Court: Orissa

Reported in: 2010(I)OLR783

B.K. Nayak, J.1. The short point that arises for consideration in this revision is whether a second complaint is barred under Section 300, CrPC where an original complaint in respect of the very same occurrence and the offence ended in acquittal of the accused persons in terms of Section 256(1), CrPC.2. The factual matrix that gives rise to the question are set forth below:Opposite party No. 1, Banchhanidhi Behera of village Kulalilo, P.S. Athagarh, District-Cuttack filed a complaint petition against the petitioners on 16,3.1994 which was registered as ICC No. 29 of 1994 in the Court of S.D.J.M., Athagarh. The allegations in the complaint, in short, were that the complainant (O.P. No. 1) was in possession of a land measuring Ac.0.03 decimals since 1950 and that on 1.3.1994 at about 8 A.M. while the complainant was fencing the said land the accused persons (petitioners) who were his neighbours, came there, abused him in* filthy language and cut and damaged various trees and plants on th...

Banabhari Das Vs. Bijay Kumar Sahu and ors.

Court: Orissa

Reported in: 110(2010)CLT29

1. This writ application is directed against the Order Dated 27.2.2010 passed by the Learned District Judge, Ganjam-Gajapati, Berhampur in Election Petition No. 11 of 2008 holding that the Petitioner is disqualified Under Section 16(1)(ix) of the Orissa Municipal Act, 1950 (for short 'the Act') to be a Councillor of the Notified Area Council, Khallikote (for short 'N.A.C') Election Petition No. 11 of 2008 was filed by O.P. No. 1, one of the Councillors of the N.A.C. against the Petitioner & O.Ps. 2 to 5, officials entrusted to the task of conducting elections.2. Polling for ejection to the Council of the N.A.C. was held on 19.9.2008. For the purpose, nominations were received from 25.8.2008 to 27.08.2008. Declaration of successful candidates was made on 20.09.2008. O.P No. 1 was declared as a Councillor from Ward No. 5 & the Petitioner was declared elected as a Councillor from Ward No. 3. On 30.09.2008 the Petitioner was declared to be the Chairman of the N.A.C. First meeting of the Co...

G. Madhab Reddy Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR938

B.K. Nayak, J.1. This revision is directed against the confirming judgment passed by the learned Courts below convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for more six months.2. The prosecution case, in 2(a) C.C. Case No. 15 of 2003 of the Court of learned J.M.F.C, Chhatrapur in which the petitioner stood trial, is that on 22.07.2002 at about 8.30 P.M., the S.I. of Excise, Chhatrapur (P.W.3) along with his staff while performing patrol duty at village-Gedalapalli, on suspicion searched the betel shop of the petitioner in presence of witnesses and recovered one plastic Jerican containing 10 litres of I.D, liquor. The S.I. of Excise subjected,the liquors to blue litmus paper and hydrometer tests and also smell test and by virtue of his specialised training and long experience in the department, he came to the co...

Naresh Kumar JaIn Vs. Gobindaram Choudhury and ors.

Court: Orissa

Reported in: 110(2010)CLT25

Sanju Panda, J.1. This case was listed for fresh admission on 18.3.2010. Opp. Party No. 1 who is the Plaintiff has appeared through Mr. S.S. Das, Learned Counsel by filing Vakalatanama in Court today. On consent of Learned Counsel for the parties, the matter was heard & the order was reserved.2. The Petitioner has filed this Writ Petition challenging the Order Dated 10.2.2009 passed by the Learned Civil Judge (Senior Division), 1st Court, Cuttack in Civil Suit (I) No. 124 of 2008 rejecting the application of the Petitioner to implead him as a party to the suit.3. From the record, it appears that present Opp. Party No. 1-Plaintiff has filed Civil Suit (I) No. 124 of 2008 impleading Orissa State Financial Corporation (in short, 'OSFC') represented by its Managing Director, Joint General Manager Recovery & Deputy Manager as Defendants seeking declaration of his right title & interest & a direction for delivery of possession & execution of sale deed in favour of the Plaintiff over the suit...