Orissa Court September 1994 Judgments
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Gangadhar Patra Vs. State
Court: Orissa
Decided on: Sep-02-1994
Reported in: 1995(I)OLR230
A. Pasayat, J. 1. Appellant calls in question legality of his conviction for an offence punishable under Section 436 of the Indian Penal Code, 1360 (in short, 'IPC'), and sentences of rigorous imprisonment for three years and fine of Rs. 2,000/-, in default sentence of six months' rigorous imprisonment, as imposed by the learned Sessions Judge, Keonjhar. Though attempt was made to attach vulnerability to correctness of the conclusions, ultimately it was conceded that learned Sessions Judge, Keonjhar has elaborately dealt with the evidence on record and has come to correct conclusion about guilt of the accused appellant. But a new point regarding applicability of Juvenile Justice Act, 1986 (in short, the 'Act') was raised. It was urged that the appellant was a juvenile as defined in Clause (h) of Section 2 of the Act, and the learned Sessions Judge. Keonjhar was not justified in imposing the sentence. Though it is fairly conceded that the Act had not come into force when the offence was...
Orissa Cement Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-01-1994
Reported in: (1995)IILLJ266Ori
Pasayat, J.1. Refusal by Presiding Officer, Labour Court, Sambalpur to accept prayer of M/s Orissa Cement Limited, the petitioner there in after referred to as the 'management') to be represented by a legal practitioner in a proceeding before it, is assailed in this writ application.2. Undisputed factual position is as follows:Services of one Shri Baijnath Pareek (Opp. Party No. 5) there in after referred to as 'workman') were terminated, purportedly in terms of certified standing orders of the management, with effect from April 15, 1990. On a dispute being raised, the matter was conciliated by the Asst. Labour Commissioner, Rourkela and since it ended in failure, the Conciliation Officer submitted a failure report to the State Government of Orissa. On being satisfied that an industrial dispute existed between the management and the workman, State Government referred the dispute to Labour Court, Sambalpur, in exercise of power conferred under Sub-section (5) of Section 12 read with cla...
Divisional Manager, the New India Assurance Co. Ltd. Vs. Shakti Prasad ...
Court: Orissa
Decided on: Sep-01-1994
Reported in: 1995ACJ968; 1994(II)OLR437
R.K. Patra, J.1. This is an appeal by the Insurer challenging the judgment of the Second Motor Accident Claims Tribunal awarding compensation of Rs. 70,000/- to respondent No. 1.2. Briefly stated the case of respondent Mo. 1 is that on 25-10-1988 at about 11-30 a. m. while he was standing in front of the office of United Bank of India, Sector-19. Rourkela on Ambagaon I.G.H. road, the offending scooter bearing registration number ORE 1333 being driven rashly and negligently dashed against him. As a result of the accident, he sustained multiple injuries on his body including fracture of his left leg. He was removed to Vesaj Patel Nursing Home, Rourkela where he was treated as indoor patient for about a fort-night. He underwent operation of his left leg and steel plate was fixed on his frectured bone. He was an 'A' Class contractor under the Rourkela Steel Piant and was earning about Rs. 30,000/- per month. On that basis he claimed a sum of Rs. 70,000/- as compensation.The Tribunal came t...
Sabar Mahabhoi and Two ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-01-1994
Reported in: 1995(2)ALT(Cri)15; 78(1994)CLT990; 1994(II)OLR515
A. Pasayat, J.1. Petitioners call in question legality of order dated 10-5-1994 passed by learned 2nd Additional Sessions Judge, Cuttack, accepting prayer made by the informant to issue summons to 5 persons who were not cited as witnesses in the charge-sheet. The learned Additional Sessions Judge accepted the prayer being of the view that though statements of these persons were not recorded Under Section 161 of the Code of Criminal Procedure, 1973 (in short, 'Code')-and were not examined by the Investigating Officer, they can be examined as witnesses in the case.2. Learned counsel for petitioners submits that the application by informant was thoroughly mtsconcieved as it did not breathe a whisper about reasons for which examination of five persons as witnesses was relevant for the purpose of just- decision in the case. According to him, lecuna in the prosecution version was being attempted to be bridged by summoning these strangers to be examined as witnesses. Mr. S. 8. Choudhury appea...
Trilochan Das Adhikari and anr. Vs. Simanchal Rath and ors.
Court: Orissa
Decided on: Sep-01-1994
Reported in: 1994(II)OLR602
R.K. Patra, J.1. This is an appeal by defendant Nos. 1 and 9 challenging the judgment of the learned District Judge remitting the suit to the trial Court for fresh disposal.2. Respondent No. 1 filed T. S. No. 38 of 1987 in the Court of Subordinate Judge, Aska praying for declaration that Sri Madan Mohan Swamy Bije (defendant No 9 and the present appellant No. 2) is a Hindu deity installed in its temple and the same is neither a Math nor the defendant No. 1 (present appellant No. 1) is its Mahanta and the decree obtained by him (defendant No. 1) declaring him as the Mahanta in T.S. No. 83 of 1981 in the Court of Subordinate Judge, Aska is illegal and without jurisdiction.3. Plaintiff's case is that his common ancestor Jogi Rath was the founder and had installed Sri Madan Mohan Swamy Bije (defendant No. 9) in a temple built for the purpose at Malabhanja. It is a Hindu temple. The plaintiff and the Rath family of the said village are the hereditary Marfatdars and Sevaks. Since the creatio...
Madhu Pradhan Vs. Nara Kanhar and ors.
Court: Orissa
Decided on: Sep-01-1994
Reported in: 1994(II)OLR633
D.M. Patnaik, J.1. Plaintiff is in appeal before this Court against the reversing judgment of the lower appellate Court in a suit for declaration of title and recovery of possession.2. The dispute relates to 9 plots measuring a total area of Ac. 0. 045 decs Plaintiff claims that his lather Gouranga was recorded in respect of these lands In the record- of- rights of the 1923-24 settlement. After his death and long before the present suit there was partition in the family among the three brothers of which plaintiff is t e eldest one and his case is that in that partition the suit property fell to his share and ha has been in possession of the suit land in his own right, title and interest till 1972 when the defendants 7 and 8 and his other aasociates created trouble in his possession for which a case Under Section 145, Cr PC was initiated at his instance in Misc. Case No. 43 of 1972 which was ultimately decided against him and the defendants 1 and 3 to 9 were declared to be in possession...
Divisional Manager, New India Assurance Co. Ltd. Vs. Shakti Prasad Mis ...
Court: Orissa
Decided on: Sep-01-1994
Reported in: 1(1996)ACC310
R.K. Patra, J.1. This is an appeal by the insurer challenging the judgment of the Second Motor Accidents Claims Tribunal awarding compensation of Rs. 70,000/- to respondent No. 1.2. Briefly stated, the case of respondent No. 1 is that on 25.10.1988 at about 11.30 a.m. while he was standing in front of the office of United Bank of India, Sector 19, Ambagaon-1-G-H Road, Rourkela, the offending scooter bearing registration No. ORE 1333 being driven rashly and negligently dashed against him. As a result of the accident, he sustained multiple injuries on his body including fracture of his left leg. He was removed to Vesaj Patel Nursing Home, Rourkela, where he was treated as indoor patient for about a fortnight. He underwent operation of his left leg and steel plate was fixed on his fractured bone. He was an 'A' Class contractor under the Rourkela Steel Plant and was earning about Rs. 30,000/- per month. On that basis he claimed a sum of Rs. 70,000/- as compensation. The Tribunal came to ho...
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