Court : Orissa
Decided on : Oct-06-1999
Reported in : 89(2000)CLT99; 1999(II)OLR601
R.K. Dash, J.1. Defendant No. 1 in Title Suit No. 251 of 1997 on the file of the Civil Judge (Senior Division), Cuttack, is in appeal against the orders dated 16.8.1997 and 4.10.1997 passed in Misc. Case Nos. 277 of 1997 and 359 of 1997 respectively. In the former case on the prayer of the plaintiffs, defendants 1 and 2 were restrained from making any construction over suit 'A' and 'B' Schedule properties till final disposal of the suit. In the latter case the Court below rejected the prayer of defendant No. 1, to modify the aforesaid order of injunction. Aggrieved by the aforesaid two orders, defendant No. 1 has preferred these two Miscellaneous Appeals.2. Plaintiffs are sons, widow and daughters of Late Satyanarayan Singh. They have filed the aforesaid suit for partition of Schedule 'A' property and for permanent injunction restraining the defendants from changing the nature and character of Schedule 'B' property which is a common passage.3. Plaintiffs' case, in short, is thus : The ...
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1999
Reported in : (2000)IIILLJ680Ori
P.K. Misra, J.1. The Employer, the Steel Authority of India Ltd., has filed this appeal under Section 30 of the Workmen's Compensation Act (In short, the 'Act') against the decision of the Workmen's Compensation Commissioner, Rourkela (in short, the 'Commissioner') awarding a sum of Rs. 58,480/- to the claimant-respondent the widow of late Madhusudan, who is alleged to have expired in an accident arising out of and in course of his employment under the present appellant.2. The accident occurred on April 7, 1990. The deceased was admittedly employed as a Crane Operator in the Central Store of the appellant. On April 7, 1990, he was in general shift duty from 8.00 a.m. to 5.00 p.m. with lunch break of one hour between, 1.00 p.m. to 2.00 p. m. It is alleged by the claimant that during lunch break the deceased was coming to the house for lunch on his cycle and met with an accident on the way being dashed by a scooterist as a result of which he sustained head injury and was removed to the h...
Tag this Judgment!Court : Orissa
Decided on : Sep-07-1999
Reported in : AIR2000Ori56
A. Pasayat, Actg. C.J.1. As dispute involved in all these writ applications is common, this judgment will govern each one of them.2. Petitioners in these writ applications have challenged the notification issued by the Regional Engineering College, Rourkela (hereinafter referred to as the 'College') refusing to allow their appearance at the higher semesters on the ground that they have not completed back (lower) semesters. Prayer in each case is to quash the aforesaid notification and to allow them to sit in the higher semesters. Dispute raised lies within a comparatively narrow compose as according to petitioners they are eligible to appear on the basis of 'back paper'/rechecking procedure.3. Background facts so far as undisputed are as follows :The College was established in the year 1961 and affiliated to Utkal University. Initially, regulations of the said University were being followed. After establishment of Sambalpur University, the College was affiliated to Sambalpur University...
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