Orissa Court February 1993 Judgments
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Bimbadhar Behera Vs. State of Orissa
Court: Orissa
Decided on: Feb-02-1993
Reported in: 75(1993)CLT719; 1993(I)OLR483
L. Rath, J.1. This application made by the petitioner Under Section 439 of the Code of Criminal Procedure is before us by a way of reference made by a learned single Judge of this Court because of apparent difference between two judgments by two different single Benches as regards applicability of Section 27(b) read with Explanation (2) to Section 27 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') when the question of bail of a person arrested in connection with offence under the Act is concerned. The petitioner was arrested on 26-10-1992 with Ganja of about 30grams kept in 30 packets, two Chillams, three small clothes and cash of Rs. 181.50 paise representing the sale proceeds. His application for bail having been rejected by the Sessions Judge, he has filed the present application for enlargement on bail. Before the learned Single Judge contention was advanced that the quantity of Ganja recovered from the petitioner being small, as notifie...
Suresh Kumar Azad Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-02-1993
Reported in: 1993(I)OLR563
ORDERB.L. Hansaria, C.J.1. These cases have been taken up today only for the purpose of deciding whether they are maintainable on the ground that the Orissa Panchayat Samiti Act, 1959 (shortly ,the Act') has not provided any forum to challenge the election of the Chairman (or Vice-Chairman, for that matter) of the Samiti, This question would take care of, the question of maintainability because of the two earlier decisions of this Court.The first of these is Maheswar Tripathy v. State of Orissa, 1992 (II) OLR 90, in which it was held that if a forum be available under the statute in question giving a right to get elected, that forum alone has to be taken recourse to and the jurisdiction of this Court under Art. 226 of the Constitution to hear the grievance relating to election of the persons concerned on any of the grounds would be ousted. But then, it was pointed out in another Bench decision of this Court rendered in OJC No. 4389 of 1992 (Pitambar Bhoi v. Collector, Kalahandi, decide...
New India Assurance Co. Ltd. Vs. Madan Sahu and ors.
Court: Orissa
Decided on: Feb-01-1993
Reported in: 1994ACJ630
P.C. Misra, J. 1.Both these appeals arise out of an accident claim made before the Motor Accidents Claims Tribunal, Cuttack. On 8.10.1981, a girl aged 8 years died in motor accident alleged to have been caused by the negligent driving of a truck bearing registration No. OSC 4873. The parents of the girl claimed a compensation of Rs. 28,000/- before the Accidents Claims Tribunal in Misc. Case No. 37 of 1982. The Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') allowed a compensation of Rs. 10,000/- against the owner of the vehicle and the vehicle having been insured with the New India Assurance Co. Ltd. (hereinafter referred to as 'the assurance company'), it was directed that the assurance company is to pay the compensation to the claimants.2. Against the aforesaid award of the Tribunal the claimants have preferred M.A. No. 389 of 1991 challenging the quantum of compensation awarded and praying for enhancement thereof. The assurance company has also challenged the ...
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