Orissa Court May 1981 Judgments
State of Orissa Vs. Bhuben Chirgun
Court: Orissa
Decided on: May-14-1981
Reported in: 1981CriLJ1461
B.N. Misra, J.1. The State Government has filed this appeal under Section 378 of the Criminal P. C. The respondent was charged under Section 302, I. P. C, but he was convicted by the learned Sessions Judge under Part I of Section 304,1. P. C. and sentenced to rigorous imprisonment for seven years. The State Government has prayed that the acquittal of the respondent of the offence under S, 302, I.P.C. should be set aside as the evidence justifies conviction under Section 302, I P. C. and not under Part I of Section 304, I.P.C.2. The prosecution case may be briefly stated, Deceased Gharjogi' has married the accused respondent about four years prior to the occurrence which took place on 17-7-1976 at Rugudimunda-Sagarpada road. Gharjogi was living in the house of her father-in-law at Chandapuri. A month before the occurrence the deceased and the accused came to Bolangir and resided in a rented house for some time. Thereafter they shifted to the house of the deceased's father. The accused d...
Tag this Judgment!Smt. Sailabala Biswal and anr. Vs. Akshaya Kumar Routray
Court: Orissa
Decided on: May-08-1981
Reported in: AIR1981Ori198; 52(1981)CLT203
N.K. Das, J.1. Defendants are appellants against an order directing appointment of two arbitrators for disposal of the disputes to be referred to them by the Court who will choose an umpire, on a petition filed under Section 20(1) of the Arbitration Act.2. The case of the plaintiff is that in 1974 he submitted a scheme to the Small Industries Service Institute and the Director of Fisheries. The plaintiff was the sole proprietor of the scheme The scheme was approved and was registered by the Director of Industries. The plaintiff thereafter applied to the Orissa State Financial Corporation for sanction of loan. The State Financial Corporation suggested that a partnership firm should be formed for the purpose oil sanction of the loan. A partnership firm was constituted with the plaintiff and the defendants as partners the plaintiff having 51% share; defendant No. 1 having 31% and defendant No. 2 having 19% (18%?) share in the firm. The defendants are very close relations of the plaintiff ...
Tag this Judgment!Executive Engineer, R.E. Division, Dhenkanal and anr. Vs. J.C. Budhara ...
Court: Orissa
Decided on: May-07-1981
Reported in: AIR1981Ori172
R.N. Misra, C.J.1. Each of these appeals is filed by the State under Section 39 of the Arbitration Act challenging the order of the learned Subordinate Judge, Bhubaneswar, making an award rule of the court under Section 17 of the Act after overruling the objections thereto. The respondent-contractor is common to all the appeals. Common questions of law and fact arise in all these appeals, vet for convenience, the facts of each case are summarized in brief before the contentions raised by counsel would be noticed :M. A. 62 of 1981:-- The work was for improvement of the National Highway No. 5 , running between Cuttackand Bihar border within the Baitarani Range. Contract No. 182 F-2 of 1965-66 was entered into between the parties. Under it the last running bill was paid on 1-3-1967. Final payment has not been made as the contractor did not accept the measurement and the figures reached by the departmental officers. Dispute arose over that question which at the instance of the contractor t...
Tag this Judgment!Rudramani Padhan and ors. Vs. State of Orissa
Court: Orissa
Decided on: May-07-1981
Reported in: AIR1981Ori202; 52(1981)CLT188
ORDERR.N. Misra, C.J.1. Plaintiffs in Title Suit No. 10/9 of 1974/1977 of the Court of the Subordinate Judge of Bolangir are petitioners. The suit was posted for hearing to 19-4-1978, when defendant was set ex parte and ex parte trial took place. By judgment dated 24-6-1978 and decree dated 1-7-1978, the suit was disposed of finally. Defendant-State applied under Order 9, Rule 13 of Civil P. C. to set aside the ex parte decree and that application was registered as M. J. C. No. 70 of 1978. The learned Subordinate Judge came to record a finding on the basis of the evidence that defendant's absence on the date of trial was not for any sufficient cause. Yet, he held :--'............Thus, even if sufficient causehas not been shown by the State-defendant-petitioner, this is a fit case where the ex parte order is to be set aside and the original suit is to be restored to file for purpose of hearing on merit, in exercise of inherent power of the court under Section 151, C. P. C. ................
Tag this Judgment!Bibhuti Bhusan Mukherjee Vs. Smt. Dinamani Dei and ors.
Court: Orissa
Decided on: May-07-1981
Reported in: 52(1981)CLT235; [1983]54CompCas286(Orissa); (1982)ILLJ73Ori
Misra, C.J.1. This appeal by the employer under Section 30 of the Workmen's Compensation Act calls in question the order dated September 9, 1980, passed by the Workmen's Compensation Commissioner, Puri, in a claim laid by respondent No. 1.2. One Pramod Kumar Mohanty, aged about 22 years, was employed by the appellant, a bus operator, as a cleaner in a stage carriage bus bearing No. ORP 3215 of which he was the owner. The said bus was operating between Puri and Konark and had been duly insured with the National Insurance Co. Ltd. (respondent No. 2). On June 4, 1977, Promod was travelling in the said bus and was performing the duties of a cleaner. Immediately following a jerk of the vehicle on the road, the side door of the bus opened and the cleaner was thrown out. He sustained severe injuries, became unconscious and, ultimately, succumbed to the injuries in the afternoon of that day. Claim was laid by respondent No. 1, the widowed mother of the deceased, impleading the employer as also...
Tag this Judgment!Somanath Choudhury Vs. Union of India (Uoi)
Court: Orissa
Decided on: May-04-1981
Reported in: 52(1981)CLT56; 1981CriLJ1458
ORDERN.K. Das, J.1. The petitioner was the Agent of Life Insurance Corporation of India, Cuttack L.I.C. Division in 1961-62, : He was charged under Section 409, I.P.C. read with Section 420 and alternatively under Section 420, I.P.C. for misappropriation of several items of money collected by him as first premium from several persons in connection with proposals for insurance. He has been acquitted in all these cases of the charge under Sections 420 and 420-B, I.P.C. but has been convicted under Section 409, I.P.C. In Criminal Revision No. 65 of 1980 he has been convicted under Section 409, I.P.C. and has been 'sentenced to undergo S.I. for a period of two months and to pay a fine of Rs. 200/-, in default to undergo S. I. for 15 days on the allegation of misappropriation of Rs. 57.08 paise. In Criminal Revision No. 66 of 1980 the petitioner has been convicted under S, 409, I.P.C. and has been sentenced to undergo S. I. for two months and to pay a fine of Rs. 200.00, in default to under...
Tag this Judgment!Dusasan Bhoi and ors. Vs. the State of Orissa
Court: Orissa
Decided on: May-04-1981
Reported in: 52(1981)CLT126; 1981CriLJ1452
B.N. Misra, J.1. Dusasan Bhoi, Lax-man alias Nakhia Gochhayat and Kalia alias Babaji Bhoi have been convicted under Sections 302/34, 394 and 201, I.P.C. Each one of Ihem has been sentenced to imprisonment for life for the offence under Section 302/34, I. P. C, rigorous imprisonment for ten years for the offence under Section 394, I.P.C. and rigorous imprisonment for five years for the offence under Section 201. I.P.C. The sentences have been directed to run concurrently. Accused Ratna alias Ratna- kar Bhoi who was also tried along with the appellants for the same offences has been given the benefit of doubt and acquitted of all the charges.2. The prosecution case may be briefly stated. Deceased Baraju Das and his wife deceased Sadhabi Debi were staying by themselves in their house in village Pata-pur. The deceased couple had no other family members living with them; their only married daughter Saraswati Debi (P. W. 10) was living with her husband in village Gopinathpur which is situate...
Tag this Judgment!Suresh Kumar Moharana and ors. Vs. Brundaban Barik and anr.
Court: Orissa
Decided on: May-01-1981
Reported in: AIR1981Ori203; 52(1981)CLT181; [1983]54CompCas264(Orissa)
P.K. Mohanti, J.1. These three appeals have been heard together and will be disposed of by this common judgment.2. On 20-2-1079 while a truck loaded with boulders was coming from Naulpur towards Chandikhole, it met with an accident on the public road. Four labourers who were travelling by the truck sustained injuries as a result of the accident. They filed four separate claim petitions under Section 110-A of the Motor Vehicles Act, 1939, which were registered as Misc. Cases Nos. 41, 42, 43 and 44 of 1979. After the claim petitions were admitted, notices were issued to the owner and the insurer of the vehicle. The owner did not enter contest. The Insurance Company filed its written statement and issues were settled. Misc. Case No. 44 of 1979 was posted to 22-3-1980 while the other three Misc. Cases were posted to 5-3-1980 for hearing. On 5-3-1980 the Insurance Company filed a petition for adjournment of Misc. Cases Nos. 41, 42 & 43 of 1979 to 22-3-1980 for analogous hearing of all the f...
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