Orissa Court January 1995 Judgments
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Kartik Harijan Vs. State of Orissa
Court: Orissa
Decided on: Jan-31-1995
Reported in: 1995CriLJ2019
D.K. Patnaik, J.1. In this appeal from jail the appellant assails his conviction for the offence under Section 302, I.P.C., and sentence of imprisonment for life.2. Prosecution case is, on 6-6-1989 around 6.30 p.m. the appellant started abusing Angada (hereinafter referred to as the 'deceased') concerning some land dispute. Angada's wife (P.W. 8) dissuaded the deceased and brought him back. The appellant went inside his house and came with a gun and fired the same at Angada causing gun shot lacerated injuries on the posterial axillary line of right side with fracture of the 10th rib and similar other injuries on the fore-arm of the left hand and the belly below the chest. Angada died sometime thereafter.The appellant denied the indictment.3. P.W. 5 is the doctor who conducted the postmortem examination on the dead body of Angada. On external examination he found three lacerated injuries out of which injury No. I was of the dimension 2.5 cm x 2 cm., with inverted margin with black color...
State of Orissa and ors. Vs. Durga Enterprisers, Jagatsingpur
Court: Orissa
Decided on: Jan-30-1995
Reported in: 1995(I)OLR453
1. Defendants are appellants. Plaintiff brought the suit for realiation of Rs. 1,30,987/- being the price of shutters manufactured by him against purchase orders Exts. 1 to 5 issued by the Executive Engineer (Defendant No. 4) taking delivery of the same from plaintiff's workshop. Plaintiff further claimed damages amounting to Rs. 15,720/-at the rate of 12 per cent per annum on aforesaid sum with effect from 25-8-90 when the articles are claimed to have been made ready for delivery, till institution of the suit.2. Plaintiff's case in brief was that he manufactured telescopic out-let shutters for hume pipes of various dimensions in his industrial unit and coming to know that the State of Orissa (defendant No. 1) was in need of such shutters, he submitted his quotations before the Executive Engineer, who acting on behalf of the State, placed orders between 16-7-90 and 20-7-90 for supply of 133 numbers of shutters at the price quoted by him. When Executive Engineer placed the orders, plain...
The United India Insurance Co. Ltd. Vs. Kamalalochan Kamalo and ors.
Court: Orissa
Decided on: Jan-30-1995
Reported in: 1996ACJ302; AIR1995Ori213; 1995(I)OLR445
P.C. Naik, J.1. This appeal is directed against an interim award dated 23-4-1992 passed by the 2nd M.A.C.T. (S.D.), Berham-pur, Camp -- Jaypore, whereby interim award in the sum of Rs. 15,000/- has been passed in favour of the claimant/respondent No. 1 and against the appellant-insurer. The facts giving rise to this petition are hereinafter stated.2. On 3-4-1987 claimant Kamalalochan presented a petitioner Under Section 92A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') before the Motor Accident Claims Tribunal (S.D), Berhampur, Camp -- Jay-pore claiming compensation amounting to Rs. 15,000/- from the owner, driver and insurer of the truck bearing Regd. No. ORK 1453. This was registered as M.J.C. No. 40/ 87. In Col. 7 of the claim petition it was specifically averred that:'the deceased was travelling in the offending truck involved in the accident as a passenger from Dabugaon to the Papada-handi for business purpose.'Again, in Col. 19 of the claim petition it is...
Anukul Chandra Pradhan and Etc. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-27-1995
Reported in: AIR1996Ori36
D.P. Mohapatra, J.1. These two cases involve common questions of fact and law; the relief claimed in the cases is same. As such, with consent of learned counsel for the parties they were heard together and they are being disposed of by this judgment.2. The petitioners have filed these applications under Articles 226 and 227 of the Constitution of India challenging the excise policy of the State Govt. for the year 1992-93 (Anncxure 2 in O. J. C. No. 1114/92) in general and reintroduction of the crude out-still system for preparation of country liquor in particular. They have prayed for quashing the said decision of illegal and unconstitutional.3. The gist of the case of the petitioners is that the outstill system of preparation of country liquor is unhygenic and harmful for health of the consumers. According to ihe petitioners country liquor made out of mohua flowers is immensely harmful for health of the consumers who mostly belong to tribal section of the population. This system which...
A.C. Katyal Vs. National Insurance Company Ltd. and anr.
Court: Orissa
Decided on: Jan-27-1995
Reported in: 1996ACJ236; AIR1995Ori231; 1995(I)OLR374
D.P. Mohapatra, J.1. The short question that arises for consideration in these Letters Patent Appeals is whether the learned single Judge was right in holding that liability of the insurer is limited to the compensation payable under Section 4(1) of the Workmen's Compensation Act, 1923 (W. C. Act for short) and the balance amount of compensation is to be paid by the owner of the vehicle.2. The factual backdrop of the case necessary for determination of the quest ion may be stated thus: The appellant's vehicle (truck) bearing registration number OSS 5202 which was insured with the Respondent.,No. I National Insurance Company Limited was involved in an accident on 25-12-8,4. In the said accident, one collie of the truck died and four coolies sustained injuries, one of the injured suffered permanent disablement. On the applications filed by the injured persons and heirs/dependants of the deceased, Misc. (A) Case Nos. 23, 24, 25, 27 and 28 of 1985 were registered before the Second Motor Ac...
Bijaya Kumar Subudhi Vs. State of Orissa
Court: Orissa
Decided on: Jan-27-1995
Reported in: 1995(I)OLR481
D.M. Patnaik, J. 1. Appellant having been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act. 1995 (hereinafter referred to as 'NDPS Act') and sentenced to R. I. for ten years and fine of rupees one lakh, assails his conviction.2. Prosecution case is, on 24-10-1989 at about 6 p. m., PW 5 then S. I. of Excise with his other staff was on mobile duty in Puri town for detection of offences under the NDPS Act. On receiving reliable information that the appellant was illegally trafficking in narcotic substances. PW 5 and others reached near the house of the appellant in Daitapara Sahi and found the appellant on the road in front of his house. He was detained and on his personal search there was recovery of 0.050 miligrams of narcotic substance kept in two paper packets each weighing 0.025 miligrams. it is the case of the prosecution that before the search the appellant was asked of his option for being searched in presence of a Gazetted Officer and on his agreei...
Nirakar Das Vs. Gourhari Das and ors.
Court: Orissa
Decided on: Jan-18-1995
Reported in: AIR1995Ori270; 1995(I)OLR526
A. Pasayat, J.1. Nirakar Das, plaintiffNo. 1 having failed to get relief in the Courts of Munsif, Kendrapara, and Subordinate Judge, Kendrapara, has filed this second appeal.2. His case in brief is as follows:One Kelei alias Kinu Das, husband of Kanchan Dibya, defendant No. 3 sold A0.04 decimals of land from northern portion of the suit plot measuring A0.10 decimals of which he was the owner to defendants Nos. I and 2, Gourhari and Bansidhar, who are respondents Nos. 1 and 2 respectively in this appeal. On rest A0.06 decimals of land to the southern portion of the suit plot, a house is standing. Kinu died in the year 1967 leaving behind his widow Kanchan. She transferred the said A0.06 decimals of land along with the house standing thereon, and some other land over which there is no dispute in favour of plaintiff No. 1, and Brahmananda Das and Kalpataru Das, plaintiffs Nos. 2 and 3 (pro forma respondents Nos. 4 and 5 in this appeal) on 8-12-1976 for a consideration of Rs. 1,000/-, and ...
Kedar Rout and anr. Vs. Sricharan Das and anr.
Court: Orissa
Decided on: Jan-18-1995
Reported in: AIR1995Ori279; [1998]91CompCas734(Orissa); 1995(I)OLR339
S.K. Mohanty, J. 1. These two Letters Patent Appeals are directed against a composite order passed by learned company Judge in Misc. Cases Nos. 74 of 1989 and 27 of 1990 refusing to exercise power under Rule 9 of the Companies (Court) Rules, 1959 and set aside order dated 17-7-89 passed by him in Company Act Case No. 2 of 1975 confirming sale of 6,100 equity shares of Rs. 100/- each of M/s. Kalinga Sevenska Limited in favour of one Sricharan Das (respondent No. 1 in both the appeals).2. For proper appreciation, the relevant fascts as admitted at the hearing may be stated in brief. Kalinga Industries Limited, a company incorporated under the Companies Act, 1956, came under liquidation in 1976. One of the assets of the company was 6,100 equity shares having face value of Rs. 100/- each of M/s. Kalinga Sevenska Limited. Through public advertisement, sealed tenders were invited for sale of the aforesaid shares. The sealed tenders were opened on 27-7-88. Highest offer was by Nilasaila Nayak...
Dr. Hari Prasad Das and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-18-1995
Reported in: 1995(I)OLR428
S.K. Mohanty, J.1. The petitioners are Lecturers two to non-Government colleges, having honours subjects. State Government by resolution dated 30-9-1977 (Annexure-1) determined the hierarchy of college teachers in both Government and non-Government colleges confining the posts to Lecturers. Professors, Principals of under-graduate colleges and Principals of Post-Graduate Colleges omitting the posts of Readers and designating the incumbents in the posts of Readers as Lecturers. Subsequently by resolution dated 1-5-1981 (Annexure-3), the State Government re-introduced to posts of Readers in Government ' colleges having honours and post-graduate teachings declaring the eligibility criteria for promotion to such posts. But so far non-Government aided colleges are concerned, the posts of Readers were re-introduced by resolution dated 27-9-1985(Annexure-6; from the date of issue of the same declaring similar eligibility criteria for promotion to the posts of Readers, The petitioners contend ...
Naran Senapati Vs. Cuttack Municipality, Through Its Chairman, the Col ...
Court: Orissa
Decided on: Jan-18-1995
Reported in: 1995(I)OLR521
A. Pasayat, J. 1. A suit for declaration of exclusive right of the plaintiffs (appellant and respondents 4 to 6 in this appeal) over the suit property, for confirmation of possession and for permanent injunction against Cuttack Municipality (defendant No. 1-respondent No. 1) and defendants 2 and 3 (respondents' 2 and 3) interfering with peaceful possession of the plaintiffs, and for mandatory injunction ' against defendants 2 and 3 (respondents 2 and 3) to close down the windows of northern side wall of their tiled roof house existing on the southern boundary of the disputed plot No. 179 of village Bidanasi, Cutback, having been dismissed and the dismissal by learned First Munsif, Cuttack having- been confirmed in appeal by the learned Additional Subordinate Judge, Cuttack, the present appeal has been file by plaintiff No. 5 under Section 100 of the Code of Civil Procedure, 1908 (in short. 'CPC')..2. Factual backdrop as presented by plaintiffs-appellants essentially is as follows : C.S...
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