Court : Orissa
Reported in : 109(2010)CLT71
..... a party to a case or claim, the question arises what are the defences available to it under the statute. the language employed in enacting sub-section (2) of section 149 of the act appears to be plain & simple & there is no ambiguity in it. it shows that when an insurer is impleaded & has been given notice of ..... the insurance company to grant it permission under section 170 of the act. moreover, merely because the insurance company was allowed to cross-examine the witness produced by the claimant to establish his claim that cannot give right ..... of mr. a.k. mohanty, learned counsel that since the insurance company was allowed to cross-examine the witnesses of the claimant, the permission under section 170 of the act has impliedly been granted. this court is unable to accept such contention in view of the speaking order specifically passed by the tribunal rejecting the prayer of .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT145
..... . 137-d/2005 is set aside. the matter is remanded to the learned commissioner with a direction to consider & dispose of the application under order 9 rule 13 read with section 151 c.p.c. filed by the petitioner afresh. parties are directed to appear before the commissioner on 7.12.2009 on which date the learned commissioner shall fix a ..... the commissioner for workmen's compensation-cum-deputy labour commissioner, cuttack in w.c. case no. 137-d/2005 rejecting petitioner's application under order 9 rule 13 r/w section 151 c.p.c to set aside exparte judgment dated 12.2.2008.4. the impugned order reads as follows:xxx xxx xxxadvocate for the applicant as well as o .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR995
S.K. Mishra, J.1. The petitioner has challenged the order dated 25.3.2003 in O.A. No. 2350 of 1999 and the subsequent order dated 3.8.2005 in M.P. No. 479 of 2003 dated 3.8.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar.2. The case of the petitioner is that the State Public Health Laboratory had one vacancy of Junior Laboratory Assistant in the year 1996. The appointment authority, i.e., Deputy Director-cum-Public Analyst (O.P. No. 2) after taking approval of the opposite party No. 1 invited applications from the outsiders for the post of Junior Laboratory Assistant indicating that the candidates aged not below 18 years and above 32 years as on 1.1.1996, having prescribed qualification, i.e., I.Sc. Or +2 Science may offer for the same. The advertisement was published in the daily newspaper 'The Samaj' on 17.2.1996. The applicant applied for the said post and was called for the interview on 20.3.1997. It is stated that the petitioner has passed HSC, +2 Science and Bachel...
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori41
..... . we may hasten to clarify here mere existence of right not being 'acquired' or 'accrued', on the date of the repeal would not get protection of section 6 of the general clauses act.13. the above decision clinches the issue. in the present case, the wife was found to be suffering from recurrent attack of epilepsy and, therefore, the ..... & 25 of the said decision are quoted in extenso for the sake of clarity.23. this leads us to the question, whether in a case where section 6 of the general clauses act is applicable, what effect it would have on a pending proceeding, when repealing provisions come into operation. it is not in dispute in the present case that ..... judgment of the judge, family court dated 21 -9-2001 in civil proceeding no. 85 of 1998 by which he annulled the marriage of the parties under section 12 of the hindu marriage act, 1955.2. sidhartha pandit, the husband (the respondent herein) filed the petition for annulment of the marriage on the ground that at the time of marriage .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR149
L.K. Mishra, J.1. This appeal is directed against the judgment dated 21.02.2004 passed by learned Judge, Family Court, Rourkela in Civil Proceeding No. 188 of 2000 and the decree sealed and signed on 08.03.2004 by which he dismissed the suit filed by the present appellant.2. The case of the appellant in the Court below was that she and respondent Santosh Kumar Singh were co-workers and were known to each other. As their intimacy developed, they fell in love and ultimately the respondent proposed to marry the appellant. The appellant agreed to such proposal and on 21.03.1999 marriage between them was solemnized at Dumerta Kali temple at Bondamunda with observance of all rituals and ceremonies as befitting a Hindu Marriage in presence of G. Naidu and the father of the appellant. Soon thereafter both the parties consummated their marriage in the quarter of the respondent at Bondamunda but on the next day the appellant was sent to her parent's house by the respondent who promised to take h...
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori35
..... already been decided by the competent court. this judgment is a judgment in rem and consequently, is binding against the whole world as per the provision of section 41 of the evidence act. the judgment could be challenged only by a party to the litigation that too in a competent appeal.mata 17 of 2003 has been filed at the ..... misc. case.2. the factual backdrop is as follows:smt. sugyani sahu (respondent herein) obtained a decree of maintenance against her husband-rabi narayan sahu under section 18 of hindu adoption and maintenance act, 1956 for a sum of rs. 1,200/- (rupees twelve hundred only) per month which was made payable from 7-4-1998. she levied the ..... no. 136 of 1998 on the ground that the decree holder cannot be regarded as the wife of rabinarayan sahu because of statutory bar contained under sections 5 and 18 of the hindu marriage act, 1955 and, therefore, the execution proceeding is liable to be dropped and the order of attachment vacated. the learned court below after hearing from .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR127
order1. petitioner is working as asst. director of seri-ciilture. a disciplinary proceeding was initiated against him with regard to certain alleged overt acts said to have been committed by him while he was continuing as asst. director, sericulture, mayurbhanj. consequently, a show cause notice was issued and charges were framed in consonance with .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR42
..... order 9 rule 13 cpc which was registered as misc. case no. 152 of 2000. together with the said misc. case, the opposite party also filed a petition under section 5 of the limitation act. the learned civil judge (junior division), 1st court, cuttack on considering of the evidence and upon hearing the parties rejected petition under ..... section 5 of the limitation act and dismissed the misc. case for setting aside ex parte decree by order dated 02.09.2002. against that order, the opposite party preferred misc. appeal no. 119 of ..... to challenge the impugned order.5. perused the records and the judgments cited by the parties. so far as maintainability of the revision is concerned, a plain reading of section 115 cpc, as it stands, makes it clear that the stress is on the question whether the order in favour of the party applying for revision would have given .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT821; 2009(II)OLR902
..... hence, it requires interference of the revisional court.17. before parting with the case, i feel it necessary to make a mention of the orlssa amendment act to section 7 of the court fees act, 1870. orissa amendment runs as follows :(iv-a) in a suit for cancellation of a decree for money or other property having a money value ..... his right to raise objections on the valuation of the suit when it effects the jurisdiction of the court and the matter is to be adjudicated upon under section 12 of the act, of 1870. the decision so taken by the trial court shall be final. the defendant cannot raise the grievance against the said decision unless valuation suggested ..... this being the settled principles of law, it is to be decided whether the learned lower court failed to exercise the jurisdiction vested upon him. section 12 of the court fees act mandates that every question relating to valuation for the purpose of determining the amount of any fee chargeable shall be decided by the court in which the .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT152; 2010(I)OLR51
..... and talking nonsense (bakbas) while sitting in control room.' this has been recorded in control room gd at about 0210 hrs vide gd no. 801 dated 18.07.2007. such act on the part of hc/gd r.p. singh shows sheer negligence, carelessness to his duty, indiscipline activity and misbehaviour.the petitioner filed written reply denying the charge. it was .....
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