Court : Orissa
Reported in : (1999)ILLJ464Ori
R.K. Patra, J.1. In this writ application the petitioner seeks quashing of the 'charge sheet- cum-show cause notice' dated February 28, 1997 (Annexure 1) issued by the Disciplinary Authority calling upon him to show cause as to why the proposed penalty of removal from service would not be imposed on him since he has been found guilty of offence under Section 471 IPC.2. To get a hang of the controversy raised in mis matter facts in brief may be set out.The petitioner came to be appointed as sub-staff in Life Insurance Corporation of India, District Branch Office, Cuttack. While serving as such, notice dated July 20, 1988 was issued calling upon him to show cause as to why any one or more of the penalties specified under Regulation 39(1) (a) to (g) of the Life Insurance Corporation of India (Staff) Regulations, 1960 would not be inflicted on him for having committed breach of Regulations 21 and 24 of the aforesaid Regulations. The gist of the charge was that the minimum standard of educa...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori13; 100(2005)CLT169
I.M. Quddusi, J. 1. By means of this Writ Petition, the petitioner has challenged the impugned notification dated 26.10.2002, issued by Government of Orissa, Food Supplies and Consumer Welfare Department, removing the petitioner from the post of Member, District Consumer Disputes Redressal Forum, Balasore (in short 'District Forum'). The said Notification is quoted hereunder:'Government of OrissaFood, Supplies and Consumer Welfare DepartmentNotificationNo. CWA 2/2002. 24433/FS & CW, dated the26.10.2002.After careful consideration of the explanation received from Smt. Arati Das, Member, Dist. CDR Forum, Balasore the Govt. in exercise of the powers conferred under Rule 3(6)(g) of the Orissa Consumer Protection Rules, 1987 have been pleased to remove Smt. Arati Das, from the post of Member, Dist. CDR Forum, Balasore with immediate effect.By Order of the GovernorH.S. SamantarayDirector Consumer Affairs-cumJoint Secretary to Govt.'2. According to the averments made in the Writ Petition, the...
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori33; 38(1972)CLT135
G.K. Misra, C.J.1. Publius Machir Das was working as a Missioner in Children's Special Service Mission, Orissa, on a pay of Rs. 293 per month which included his salary, clearness allowance, house-rent, children's allowance etc. His headquarters was at Baptist Church Lane, Berhampur, in the district of Ganjam. He had gone to Rourkela in the district of Sundargarh on tour on 10-10-1963. At about 11-30 a. m. that day while he was going on a cycle, a Mercedes Benz Truck O. R. O. 2022 came at a very high speed and tan over him by rash and negligent driving. He died instantaneously on the spot as a result of the accident. The vehicle had been insured with Oriental Fire & General Insurance Co., Branch Janpath, New Delhi (hereinafter to be referred to as the Company) (Opposite Party No. 3). The date of birth of the deceased was 13th April, 1905 and he was about 58 1/2 years old at the time of death. The ten claimants are the widow, sons and daughters of the deceased. An application for compens...
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Reported in : 109(2010)CLT94
S.C. Parija, J.1. The widow of the deceased insured has filed this Writ Petition assailing the action of the Life Insurance Corporation of India (for short 'L.I.C.') in repudiating all liabilities under the insurance policy bearing No. 580572572 on the ground that the deceased insured had withheld correct informations regarding his health at the time of effecting the insurance policy with L.I.C. Accordingly the Petitioner has prayed for quashing of the letter of repudiation dated 18.3.1997 (Annexure-6) & to direct payment of the sum assured under the said policy.2. The brief facts of the case is that the husband of the Petitioner Babaji Charan Sahoo submitted a proposal for taking a life insurance policy with the L.I.C, Branch Office, Nimapara, in the district of Puri, on 21.2.1992.The proposal was accepted by the L.I.C. on 28.3.1992 & the insurance policy bearing No. 580572572 for an assured sum of Rs. 40,000 was issued by the L.I.C. in favour of the insured. The insured Babaji Charan...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR534
S.C. Parija, J.1. The action of the Life Insurance Corporation of India (for short 'LLC.') in repudiating all its liabilities under Policy Nos. 583852302, 583851466 and 583707315, on the ground that the deceased insured had withheld material information regarding his health at the time of effecting the insurance policies with L.I.C., is under challenge by the legal heirs of the insured in the present writ petition.2. The brief facts of the case as narrated in the writ petition is that the insured Pramod Kumar Behera was working in Deulabera Colliery under Mahanadi Coalfields Ltd. and during his service period, he had taken six insurance policies bearing Nos. 581483762, 581487043, 581488222, 583707315, 583851466 and 583852302. The insured Pramod Kumar Behera died on 18.6.2004 due to heart failure. After the death of the insured, the wife (petitioner No. 1) made claims in respect of the aforesaid policies. The LIC, while settling the claim and releasing the assured amount in respect of t...
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V.GOPALA GOWDA, CJ & B.N.MAHAPATRA, J.W.A. NO.555 OF 201.(Dt.14.03.2012) ASHOK KUMAR MISHRA Appellant. .Vrs. STATE OF ORISSA & ORS. Respondents. For Appellant - M/s. Dr. A.K.Mohapatra, Alok Ku. Mohapatra, N.C.Rout, S.K.Padhi, S.K.Mishra & S.Swain. For Respondents- Mr. R.K.Mohapatra, Govt. Advocate (for Res. No.1 &4) M/s. S.palit, A.K.Mahana, A.Mishra & D.Biswal, (for Res. No.2 &5) M/s. R.C.Mohanty, K.C.Swain & S.Mohanty, (for Res. No.3). V. GOPALA GOWDA,C.J.The unsuccessful petitioner in the writ petition bearing W.P.(C) No.18599 of 2011 being aggrieved by the order dated 1.11.2011 passed by the learned Single Judge declining to quash Clause 4.2 of OJEE, 2011 Brochure prescribing the upper age limit of 25 years for the entrance examination of 2011, which is the minimum eligibility criteria for admission to the first year MBBS who has secured 141 rank in medical stream and 36 rank as Green Card holder has filed this writ appeal urging various facts and legal contentions and prayed to se...
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Reported in : 1993ACJ1023; AIR1993Ori103
S.C. Mohapatra, J.1. These two appeals by thedefendant arises out of a common judgment in two suits arising out of the same cause of action where the parties are the same, issues are the same and reliefs claimed are the same. Accordingly, they arc heard together.2. Appellant is a statutory body constituted under the Life Insurance Corporation Act, 1956. After this Act came into force, appellant became the sole authority to have life insurances in India. For insuring a life, a proposal is to be made by the life sought to be insured, the proposer is to be medically examined by a medical examiner approved by the insurer who is to give a confidential report to the insurer and the premium amount required is to be paid. Possessed of these two documents, insurer is to decide the question of acceptance of the proposal. Once the proposal is accepted, contract is complete and policy is to be issued. Where, for reasons indicated in term of the policy, it lapses, the same can be revived as per the...
Tag this Judgment!Court : Orissa
Reported in : AIR1981Ori18; 50(1980)CLT605
..... an order for removal from service contrary to regulations framed under the oil and natural gas commission act, 1959; the industrial finance corporation act, 1948; and the life insurance corporation act, 1956 would enable the employees to a declaration against the statutory corporation of continuance in service or would only give rise to a claim for damages; secondly, whether an employee of a statutory corporation was entitled to claim protection of articles 14 and 16 of the constitution against the corporation. as these were the questions for examination, the court proceeded to consider whether the corporations were authorities within the meaning of article 12 of the constitution so as to be state. in the airport authority ..... . misra, j. 1. challenge in this application under article 226 of the constitution is to the levy of holding tax raised by the notified area council of brajrajnagar (hereafter referred to as the 'council) in respect of the holdings of the petitioner located within the jurisdiction of the council. petitioner-company also challenges the demand of licence fee under section 290 of the orissa municipal act of 1950.2. petitioner -- western coalfield limited -- is a subsidiary company of coal india limited which is a government company within the meaning of section 617 of the companies act of 1956 three collieries by the names of hemgirrampur coal .....
Tag this Judgment!Court : Orissa
Reported in : 2007ACJ2236; AIR2006Ori167
P.K. Mohanty, J.1. The petitioner assails the communication made by the Life Insurance Corporation dated 26-3-1998 (Annexure-4) repudiating the claim under the Insurance Policy in the name of his son Late Mohesh Moda.2. The brief fact of the petitioner's case is that his son Late Mohesh Moda had made a proposal for Life Insurance on 7-2-1995 for a death benefit of Rs. 3,00,000/-. The second premium was paid on 15-8-1995 within the permissible grace period of one month. However, the third premium was paid on 3-4-1996, i.e. 17 days after the grace period was over and since the policy lapsed, an application for revival was made and the policy was revived. The petitioner's son died on 12-4-1996. After the death of his son, the petitioner filed a claim for the benefit under the policy, but the same has been illegally repudiated on the ground that the policy holder made deliberate misstatement and withheld material information from the LIC regarding health at the time of getting the policy r...
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT108
L. Mohapatra, J.1. This appeal is directed against the order dated 8.11.2002 passed by the Learned District Judge, Puri in Election Misc. Case No. 69 of 2002 declaring the petitioner disqualified to be a member of Puri Zilla Parishad from Zone No. 12.2. Election to the post of Member of Puri Zilla Parishad from Zone No. 12 was held on 23.2.2002. The appellant before this Court contested as an official candidate of Biju Janata Dal whereas the respondent No. 1 before this Court contested for the said post as an official candidate of Congress Party. The present appellant was declared elected having obtained 10,106 votes whereas the respondent No. 1 obtained 6,033 votes and stood at the second position. The respondent No. 1 thereafter presented an application under Section 32 of the Zilla Parishad Act, 1991 (hereinafter called as 'the Act') for declaration that the appellant having three living children was not qualified to contest for the said post and accordingly election of the appellan...
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