Orissa Court December 1990 Judgments
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Jogendra Singh Vs. State
Court: Orissa
Decided on: Dec-12-1990
Reported in: 1991CriLJ2331; 1991(I)OLR201
A. Pasayat, J.1. Petitioner calls in question legality of the judgment passed by the learned Sessions Judge Keonjhar, upholding the conviction and sentence awarded by the learned judicial Magistrate, First Class, Barbil stationed at Champua.2. A brief recital of the factual position as presented by the prosecution, relevant for disposal of this revision, is that on 29-9-198', the Havildar and Sepoy of Tisco, Jo la noticed some people loading iron scrap materials in a truck at Bottom Bin Area, this was brought to the notice of the Assistant Security Officer, who proceeded to the spot, but by that time the truck had already left the place; the security staff kept watch over the movement of the truck, which was found speedily proceeding towards Notified Area Council, Check Gate, Joda, even though the security staff wanted to stop the vehicle, it did not stop, the Assistant Security Officer and the security staff chased the truck and at last the truck stopped at Ranasala Ghat; three person...
Bisra Stone Lime Company Ltd. Vs. their Workmen Mohender Dip and ors.
Court: Orissa
Decided on: Dec-11-1990
Reported in: (1992)ILLJ616Ori
S.K. Mohanty, J.1. Opposite Party No. 1 was serving as a labourer (miner) under the petitioner company since February 5, 1975. By Annexure-8 dated August 8, 1977 he was declared medically unfit for further mining work and was intimated about his retirement with effect from September 13, 1977 giving him one month notice. Being aggrieved, opposite party No. 1 raised an industrial dispute and the Central Government referred the same to the Industrial Tribunal on May 10, 1982 for adjudication. The Tribunal, in its order dated April 17, 1985 (Annexure-18), came to find that the case was one of retrenchment and declared that for non-compliance of Section 25-F of Industrial Disputes Act(for short 'the Act'), the order of termination was neither legal nor justified and awarded the relief of reinstatement in service with full back wages. This order of the Tribunal is challenged in this proceeding mainly on the ground that termination of service of opposite party No. 1 was not retrenchment since...
Dillip Kumar Sahu Vs. State and ors.
Court: Orissa
Decided on: Dec-11-1990
Reported in: 1991(I)OLR199
S.C. Mohapatra, J.1. This is an appeal under Order 43, Rule 1 (na) Civil Procedure Code against an order rejecting. an application for permission sue as an indigent person.2. Appellant ha Student in Engineeing College He filed a suit against State of Orissa, Sambalpur Universrty and controller of Examination of that University for damages of Rs. 1,00,000/-, on the ground that he is Unable to pay the court-fee, he fifed application to be permitted to sue as an indigent person as provided under Order 33, rule1 C. P. C. In paragraph of the application, he slated that he Is not in possession of sufficient means other than property described in Schedule to enable him to pay the fee prescribed for by law. This application was objected to by the University and the Controller where in paragraph 2, it Is stated that the contention made in paragraph 2 of the application is not known to them.3. Appellant examined himself in the enquiry by the Court. No evidence was led on behalf of respondents. O...
Oriental Fire and General Insurance Co. Ltd. Vs. Raghunath Muduli and ...
Court: Orissa
Decided on: Dec-10-1990
Reported in: II(1992)ACC653; 1992ACJ117; AIR1991Ori173
G.B. Patnaik, J.1. An interesting question of law that arises for consideration in this appeal is whether the road inside the Orissa Secretariat at New Capital, Bhubaneswar can be said to be 'public place' so as to fasten the liability on the insurer of the vehicle under Section 95(1)(b)(i) of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act').2. The insurer is the appellant who was opposite party No. 3 before the Tribunal. Respondent No. 1 was the claimant in an application filed under Section 110-A of the Act. It was alleged in the claim petition that on 26-2-1983 at 3.30 p.m. while the claimant was going to his office in the Secretariat and was walking on his left side of the road, the vehicle -- a Jeep bearing registration No. ORJ 4715 came from behind with great speed being driven rashly and negligently and dashed him from the back in consequent of which he became unconscious and sustained several injuries. The right leg of the claimant had been fractured and in s...
Ganesh Prasad Saha Vs. the State of Orissa
Court: Orissa
Decided on: Dec-10-1990
Reported in: 1991(I)OLR278
D.P. Mohapatra, J.1. The order passed by the learned trial Judge framing charge against him Under Section 412, Indian Penal Code (I. P. C.) is being assailed by the petitioner in this application filed Under Section 482, Criminal Procedure Code, 1973 (Cr. P. C).2. The petitioner Ganesh Prasad Saha was arrayed as one of the accused persons in G. R. Case No. 460 of 1987 (Jankia P. S. Case No. 88 of 1987) which is now pending in the Court of the Asst. Sessions Judge, Khurda in Sessions Trial Case No. 27/169 of 1989. The Investigating Officer filed charge-sheet Under Sections 457/395/412, I. P. C. and Section 9(B) of the Indian Explosives Act. When the Asst. Sessions judge considered framing charge against the accused persons, an application was filed on behalf of the petitioner that there is no material on record to proceed against him in the case and therefore he should be discharged. The learned Asst. Sessions Judge by the impugned order rejected the prayer and framed charge against him...
Brundaban Rath and Two ors. Vs. Tarakanta Das and anr.
Court: Orissa
Decided on: Dec-07-1990
Reported in: 1991(I)OLR195
J.M. Mahapatra, J.1. The revision is directed against the taking of cognisance by the learned Sub-Divisional Judicial Magistrate, Jeypore, Under Sections 341, 342, 32J, 294/506 read with 34 of the Indian Penal Code.2. The case of the complainant, opposite-party No. 1, was that at the material time he was working as a Booking Clerk in Bidyadhar Talkies, Jeypore. On 18-1-1987 at about 9. 30 P. M, while he was proceeding towards Bidyadhar Talkies for work, he was called by petitioner No. 3 to the police station saying that he was required by petitioner No. 1, the Officer-in-charge of the police station. Thereafter as the complainant went to the police station, petitioner No. 1 charged him as to why he did not permit his family members to get them inside the cinema hall and see the movie. Thereafter he suddenly dealt him two slaps and directed petitioner Nos. 2 and 3, S. I, of Police and Constable respectively attached to the police station to put him inside the police hazat. Thereafter th...
Krupasindhu Pradhan Vs. Kainta Pradhan
Court: Orissa
Decided on: Dec-06-1990
Reported in: 1992(I)OLR299
S.C. Mohapatra, J.1. This is a revision by the step son against the order directing to pay maintenance of the step mother under Section 125 Criminal Procedure Code.2. Quantum of compensation is only Rs. 100/- (one hundred) per month and calls for no interference.3. Mr. Srinivas Mishra-1, learned counsel for the petitioner submitted that step mother is not mother under Section 125 Cr. P. C., and accordingly, trial Court was not correct in awarding compensation. I am not able to accept the same. In a benevolent legislation like Section 125 Cr. P. C. which provides for discharge of obligation to maintain persons who deserve to be maintained, broad meaning is to be given to the term 'mother'. Accordingly, I am inclined to hold that step mother is included in the term mother under Section 125 Cr. P. C.4. In the result, there is no merit in this criminal revision which is accordingly, dismissed....
Soodha Somana and anr. Vs. State
Court: Orissa
Decided on: Dec-06-1990
Reported in: 1991CriLJ2185
ORDERA. Pasayat, J.1. The petitioners assail the order for cancellation of bail passed by the learned Sessions Judge, Koraput, Jaypore. Bail had been granted by the learned Sub-divisional Judicial Magistrate, Jaypore.2. The facts giving rise to the present application are as follows:Both the petitioners were arrested for the alleged commission of offences Under Sections 18 and 20 of the Narcotic Drugs and Psychotrapic Substances Act, 1985 (in short the 'Act'). On the night of 15/16-1-1990, police personnel of Andhra Pradesh and Orissa raided their house in connection with Crime Case No. 12 of 1990 Chinthapalli Police Station, Visa-khapatnam, Andhra Pradesh. According to the prosecution, various quantities of different narcotic substances like Bhang, Ganja and Opium found in the house were seized in presence of both the petitioners. On being moved for grant of bail, the learned Sub-Divisional Judicial Magistrate released the petitioners on bail observing that the offences are not punish...
Central Coal Fields Limited and ors. Vs. Talcher Municipality and anr.
Court: Orissa
Decided on: Dec-05-1990
Reported in: 1991(I)OLR189
S.K. Mohanty, J.1. The petitioner No. 2 Is a subsidiary company of Coal India Limited, a Government of India undertaking. It has got its coal field at Talcher which is locally called Deulabera Colliery comprising of Remun and Champapasi inclines, Talcher Municipality has levied holding tak on the area under its occupation, octroi tax on goods brought by the petitioner company for use and consumption in the colliery and licence fees for using machinery for industrial purpose and producing coal within the municipal limit. Such levy of tax and fee is challenged by the petitioner company on the following grounds :(i) The area in question belongs to the Central Government having been acquired Under Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, in the year 1981 and there- fore the petitioner company is exempt from payment of any tax in respect of this property, in view of Art. 285(1) of the Constitution.(ii) The underground of the colliery where the mining oper...
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