Court : Orissa
Decided on : Nov-14-1994
Reported in : 1995(I)OLR75
..... is: linga bariha (o. p. no. 5) -- a scheduled tribe person -- filed on 10-2-1983 an application under section 23 of the orissa land reforms act ('the act') -- brought into force from 1-10-1965 -- for restoration of possession of his land from trilochan dandsena and another (the petitioners) -- the non-scheduled tribe persons. the ..... possession is concerned, it is always on the person claiming that title. in reply to the show cause notice in the proceeding under section 23 of the act, reference to the claim is only by using the words 'adverse possession' without specifying anything more. pleadings are blissfully vague. the transferees neither entered into the ..... another registered sale deed was executed between the same vendor and vendee on 11-11-1967 without prior permission of the competent authority under section 22 of the act, though the vendor was a scheduled tribe member and vendees were non-scheduled tribe members, who continued in possession from the date of the unregistered sale deed .....
Tag this Judgment!Court : Orissa
Decided on : Mar-24-1994
Reported in : 1995ACJ443; AIR1994Ori279; 78(1994)CLT758; 1994(I)OLR536
..... left side. considering the nature of the injury, we feel a compensation of rs. 15,000/- (fifteen thousand) would be adequate. by an interim order dated 21-1-1993 this court had directed payment of rs. 10,000/-, which acceptedly has been paid. the balance rs. 5,000/- be paid to the petitioner by issuance of a national ..... wall was not in good condition. the inaction to maintain the wall in a good condition whereby the property or person were endangered, can be said to be an act of negligence, because proper care was not taken. in the circumstances, we hold the opposite parties liable for payment of compensation to the petitioner.9. from the ..... question 'did the defendant owe a duty to be careful ?' but also 'what precisely was required of him to discharge it ?' negligence is commonly defined to include both acts on omissions involving an unreasonable risk of harm, and for most purposes such generalisations provide as adequate working rule. in some respects, however, it is still important to .....
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1994
Reported in : 1994ACJ1065; AIR1994Ori244; 1994(I)OLR546
R.K. Patra, J.1. Whether on the facts and circumstances of the case the consolidated compensation of Rs. 15,000/- granted in favour of the appellant is the just award? --this is the just point which arises for consideration in this appeal. The appellant claims that for the injuries sustained by him on account of the accident the amount of Rs. 15,000/- is wholly inadequate whereas the respondent-insurer asserts that the amount awarded by the Tribunal is commensurate with the injuries sustained and the sufferings undergone by the appellant.2. On 6-7-1981 the appellant while was going on his bicycle by the left flank of the road from Panikoili side towards Bhadrak, near Barikpur on the National Highway No. 5, the offending van bearing registration number O.S.C. 8509 belonging to respondent No. 1 and insured with respondent No. 2 came in a high speed without blowing any horn from back side and dashed against the bicycle of the appellant as a result of which he was thrown away from his bicy...
Tag this Judgment!Court : Orissa
Decided on : Mar-04-1994
Reported in : (1995)IILLJ196Ori
..... the supreme court in paragraph-17 of the judgment held thus: p. 233:'xx xx. moreover, in view of the provisions contained in section 11a of the act, which empowers the industrial tribunal to go into the question whether the order of discharge or dismissal passed against a workman is justified or not and permits the tribunals ..... dispute which was taken up for conciliation and the conciliation having been failed, the matter was referred to the labour court under section 11a of the industrial disputes act, reference being whether termination of the service of sri karunakar das by the president of balasore district co-operative central, bank ltd., balasore is legal and/or justified ..... charges as stated above. he did not offer any formal explanation and when the matter was brought to the labour court under section 11a of the industrial disputes act, he filed the copy of letter dated september 17, 1970 as his explanation to the charges.3. the management in paragraph-10 of the writ application has .....
Tag this Judgment!Court : Orissa
Decided on : Jul-15-1994
Reported in : 1994(II)OLR455
..... the information does not formulate any opinion of his own but nevertheless proceeds to make the preliminary order, decidedly he commits the initial mistake, as the very foundation of the preliminary order would be lacking. in that contingency the preliminary order itself will be illegal and the entire proceeding will be liable to be quashed ..... the executive magistrate alleging that there was apprehension of breach of peace and public tranquillity. they alleged that while they were returning from the market on 21-8-1993, present petitioners, headed by petitioner no. 1 came in a group armed with sticks, cycle chains etc., obstructed their way, threatened to assault and to ..... reached by the magistrate is to be judicial satisfaction. it is not necessary to the magistrate to wait for police report, and he can in appropriate cases act only upon the information received from the private complainants. however, when a magistrate desires to take action only upon ex parte allegations made by a party, a .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1994
Reported in : 78(1994)CLT772; 1994(II)OLR343
..... invalid even though couched in innocuous terms, it is incumbent on the court to lift the veil and to sec the real circumstances as well as the basis and foundation of the order complained of. according to him in such case, the court will lift the voil and will see whether the order was made on the ground ..... disciplinary proceeding and in the meantime the disciplinary proceeding has been dropoed by the chairman of the corporation by an order dated 26-3-1994. on 15-5- 1993. the petitioner made yet another representation requesting the corporation to protect his last salary drawn and post him as the chief executive at bhubaneswar in view of his ailing ..... to harass and malign the petitioner on a frivolous charge alleging that the petitioner has neglected his duties by not complying with the statutory requirements under the income tax act so far as filing of the returns of the corporation are concerned. the petitioner assailed the initiation of the disciplinary proceeding in o. j c. no. 5576/ .....
Tag this Judgment!Court : Orissa
Decided on : Jun-29-1994
Reported in : 1995CriLJ390
..... testimony of the injured himself. there is not even a whisper or suggestion that either he or other witnesses had any animosity with the accused so as to provide a foundation for falsehood.8. so far as part of body on which assault took place is concerned, the evidence of the doctor and that of the injured clearly shows that the ..... enmity there is likelihood to drag in an innocent person, against whom a witness has a grudge along with the guilty. but, foundation must be laid for such a criticism and the mere fact of relationship far from being foundation for falsehood is often a sure guarantee of truth. each case must be judged on its own merits. the close relatives of .....
Tag this Judgment!Court : Orissa
Decided on : Feb-25-1994
Reported in : 78(1994)CLT851; 1994(I)OLR429
..... joint manager of the osfc on 8-9-1932 and the matter was also brought to the notice of the director of industries vide letter dated 28-7-1993. but since the petitioner did not receive any favourable communication from either of them, it has approached this court for enforcement of the promises held out to ..... prove further any damage, detriment or prejudice to the party asserting the estoppel. the court, however, would compel the opposite party to adhere to the representation acted upon or abstained from acting. the entire doctrine proceeds on the promise that it is reliance based and nothing more,' (quoted from headnote)6. bearing in mind the law laid down ..... share. in the facts pleaded and proved, the conclusion is irresistible that the petitioner has relied upon the assurances given to it under amaxures 2 and 3 and acting on the said assurances has altered its position by way of making huge financial investment in setting-up the industry and, therefore, the opposite parties must adhere to .....
Tag this Judgment!Court : Orissa
Decided on : Sep-05-1994
Reported in : 1995CriLJ4070; 1994(II)OLR617
..... for death of deceased, petitioner filed the complaint and moved the learned sdjm for initiating action against them. prayer was rejected by order dated 16.4.1993 which is impugned in this application on the ground that the allegations do not prima facie constitute an offence, and even if there was negligence by ..... considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow,but in circumstances which show that the actor h3s not exercised the caution incumbent upon him ..... civil liability ends and the criminal liability begins as where criminal negligence ends and wiful mischief begings.8. the conclusions of learned sdjm that even if the acts are negligent, sanction is necessary, and allegations do not prima facie constitute any offence are contradictory in terms. if no offence was made out, question .....
Tag this Judgment!Court : Orissa
Decided on : Oct-07-1994
Reported in : 1995(I)OLR530
..... orissa gram panchayat rules, 1968 (the rules) framed by the state government by virtue of authority conferred by the orissa gram panchayat act, 1964 (the act) ' deal with the manner of transfer of property of grama sasan. we reproduce rule 86 for ready reference :'86. (1 ..... approximately (10% over the last year's bid):'on consideration of the fact that there was excess bid for the year 1993-94 in comparison to other year's and the lessee sri dillip kumar behera has sustained loss due to spread of diseases ..... year basis by public auctions. dillip kumar behera-opp. party no. 7- as highest bidder in the auction for the year 1993-94 had become the lessee. the term of the lease was to expire with the end of june, 1994. the b.d ..... preliminary objection against entertaining the writ petition in the face of existence of alternate remedy of appeal under section 133 of the act. now, it is well known that existence of alternate remedy is no bar for exercise of constitutional jurisdiction under article 226 .....
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