Court : Orissa
Decided on : Jul-17-1987
Reported in : II(1987)ACC241; AIR1987Ori257; 65(1988)CLT226
G.B. Patnaik, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the order of the Second Motor Accidents Claims Tribunal rejecting the claim of the appellant. The appellant filed an application claiming compensation on account of the death of her husband Ratnakar Behera and it was alleged in the application that the death occurred on account of the accident caused by Bus No. ORD 3521 at 10 a.m. at Cuttack-Sambalpur National Highway. In the prescribed form provided for under the relevant Rules as against Column 18, the appellant gave her name and address and as against column 22 which provides for the names of other legal representatives of the injured and their relationship, no mention was made, but in Column 23, where any other information that may be necessary or helpful for disposal of the claim is to be given, it is mentioned 'separate sheet attached' and in that sheet it has been clearly stated that the deceased had four sons and two daughters. Rest of th...
Tag this Judgment!Court : Orissa
Decided on : May-12-1987
Reported in : AIR1987Ori264
H.L. Agrawal, C.J.1. This is an appeal by the defendant, Union of India representing the South Eastern Railway, against the decree of the trial court for a sum of Rs. 79,556.40 passed as damages for nondelivery of certain Mohua flower consignments, raising some interesting questions of law.2. The facts :The plaintiff despatched nine consignments of Mohua flower from Khariar Road Railway iStation to Seoni under nine separate railway receipts in the month of May, 1970. Each consignment was loaded in one full wagon-load consisting of 321 bags, each weighing 224.70 quintals. The consignments were booked to 'self and, according to the plaintiffs case, they were despatched under sale orders to M/s. Jaiswal Trading Corporation, Seoni, subsequently added as defendant No. 2, @Rs. 8,839.60 p. per wagon. The relative documents including the railway receipts were accordingly sent through the Bank for collection of the money from the concerned party. The defendant-Railway Administration, however, d...
Tag this Judgment!Court : Orissa
Decided on : Jul-13-1987
Reported in : 1988CriLJ32
H.L. Agrawal, C.J.1. All the three writ applications which are in the nature of Habeas Corpus arise out of the same incident leading to the passing of the impugned orders of detention (Annexure-1 to each of the writ applications) by the District Magistrate, Cuttack, under Section 3(2) of the National Security Act, 1980 (for short 'the Act').2. All the three petitioners were arrested on 19-3-1987 and a copy of the grounds of detention dt. 22-3-1987 (Annexure-2) was served on each of them on 22-3-1987 itself in the Cuttack Jail.3. It is alleged in the grounds of detention (Annexure-2) that on 22-1-1987 at about 8.30 A.M. while one Sudhakar Behera was taking tea at the tea-stall of one Madhusudan Behera, the three petitioners along with a few others armed with various deadly weapons like sword, Bhujali, Bombs, etc. appeared there. Petitioner Bichi alias Prakash is said to be holding two bombs in his hand. Petitioner Nali alias Nilambar was holding a sword and a Bhujali and petitioner Ulla...
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