Orissa Court June 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Divisional Manager, New India Assurance Co. Ltd. Vs. Chanda Munda and ...
Court: Orissa
Decided on: Jun-20-1997
Reported in: I(1998)ACC358; 1998ACJ1197; 85(1998)CLT92
P.K. Mohanty, J.1. The aforesaid four misc. appeals arise out of a common judgment passed by the 2nd Motor Accidents Claims Tribunal, Cuttack (hereinafter referred to as 'the Tribunal'). Misc. Appeal No. 330 of 1992 arises out of Misc. Case No. 87 of 1987, Misc. Appeal No. 331 of 1992 arises out of Misc. Case No. 89 of 1987, Misc. Appeal No. 332 of 1992 arises out of Misc Case No. 90 of 1987 and Misc. Appeal No. 333 of 1992 arises out of Misc. Case No. 88 of 1987. These appeals having arisen from a common judgment passed by the Tribunal, with the consent and agreement of the learned Counsel for the parties, they are heard analogously and disposed of by this common judgment.2. All the appeals are by insurer, New India Assurance Co. Ltd. against the judgment/award of the Second Motor Accidents Claims Tribunal, Cuttack.3. The brief of the cases is that on 10.1.1987, the truck No. OAC 6015 which was proceeding towards Dubiri side on the Express Highway at a high speed, at about 8 p.m., cap...
Divisional Manager, United India Insurance Co. Ltd. Vs. Bhagaban Das a ...
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1999ACJ812
P.K. Mohanty, J.1. This is an appeal by the insurer, the United India Insurance Co. Ltd. under Section 30 of the Workmen's Compensation Act, 1923 against the order of the Commissioner for Workmen's Compensation, Orissa, Cuttack, the Joint Labour Commissioner, Orissa at Bhubaneswar, awarding a sum of Rs. 37,091.60 as compensation and directing the appellant to deposit the above amount, etc.2. The short facts leading to the present appeal are that while claimant-respondent No. 1 was working as a labourer on the truck No. AXX 4877 belonging to Pritam Singh, the respondent No. 2, he sustained fractures on his right forearm, dislocation of right shoulder joint, grievous injuries on his right forehead and other injuries on account of the accident on 29.12.1990 at 4.20 p.m. near Talakhota Chhak on the National Highway No. 5 under Jatni Police Station. It is claimed that the accident and the resultant injuries were occasioned in course of his employment. The claimant alleged that as a labourer...
Subash Sethy Vs. Mahinder Singh Rajpal and anr.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1(1998)ACC27; 84(1997)CLT348
P.K. Mohanty, J.1. This is an appeal by the claimant against the award of the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 502 of 1984 dated 11.3.1991.2. The short facts of the case are that the petitioner was a minor aged about 14 years on the date of accident and a resident of village Kankadapal under Sukinda Police Station in the district of Cuttack. The petitioner was earning Rs. 200/- per month as a washerman working along with his father. It is alleged that on 13.10.1986 at about 8.30 p.m. while he was going with others from Mangalpur towards Tanaka side on the Mangalpur-Tanaka road, the offending Dumper bearing Regn. No. OSC 3792 belonging to opp. party No. 1 and insured with opp. party No. 2 came in high speed from Mangalpur side without blowing horn and suddenly swerved to its left and dashed against the petitioner and some of the pedestrians, who were walking along with him, as a result of the accident the petitioner sustained bleeding injuries on his pers...
Gati Behera and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1997
Reported in: II(1997)DMC403
P.K. Misra, J.1. The appellants in Criminal Appeal No. 123 of 1994 have been convicted under Section 304B, Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- each, in default, to undergo rigorous imprisonment for six months. Both of mem are further convicted under Section 498A, I.P.C., and sentenced to undergo rigorous imprisonment for one year; under Section 201, I.P.C., and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for six months; and under Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- each, in default, to undergo rigorous imprisonment for six months. All the substantive sentences have been directed to run concurrently.2. The appellants in the other two appeals have been convicted under Section 201, I.P.C....
Surendra Kumar Patra Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1997
Reported in: 1997(2)ALT(Cri)21; 84(1997)CLT514; 1997(II)OLR49
P.K. Misra, J.1. The appellant has been convicted Under Sections 376 and 392, Indian Penal Code, and sentenced to undergo R.I. for 8 years and R.I. For 2 years respectively and to pay a fine of Rs. 5OO/-, in default, to undergo R.I. for one month on each count, with a direction that the substantive sentences shall run concurrently, by the Assistant Sessions Judge, Mayurbhanj at Baripada, in S.T. No. 11/130 of 1993.2. The victim was a minor girl aged about 10 years at the time of occurrence. She had gone to Shiva Ratri Mela accompanied by her maternal uncle, maternal aunts and others. While her other relations had gone to the temple for the purpose of worship, she was watching 'Pala' alone. After evening, the accused who was known to the victim came there and asked her to accompany him so bring 'Prasad'. On the way, the accused met the parents of the victim and told them that he was taking the victim to bring 'Prasad' which he had brought from Bhubaneswar. On the way, the accused took t...
Lugun Dungdung and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1997
Reported in: 84(1997)CLT567; 1997(II)OLR92
P.K. Misra, J. 1. The three petitioners have been convicted underSection 307/149, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 100/-, in default, to undergo R.I. for one month. The three petitioners along with three other accused persons were charged under Sections 147, 148, 307/149, Indian Penal Code, the trial Court convicted the three petitioners under Section 307/149 and acquitted the other three of all the charges and sentenced the convicted persons to three years' rigorous imprisonment and a fine of Rs. 100/-, in default, to undergo rigorous imprisonment for three months. In appeal, while confirming the decision, the appellate court has merely modified the default sentence.2. As per the prosecution case, in the evening of 5.7.1991, Bibhisan Tanti (P.W.5), the injured, and Chandrakanta Tanti (P.W.3). a co-villager, had gone to the house of P.W.2 to collect their wages. While they were returning, petitioner No. 1 accosted them. At that t...
Purna Chandra Rana Vs. Narayan Rana and ors.
Court: Orissa
Decided on: Jun-19-1997
Reported in: 1997(II)OLR51
P.K. Misra, J.1. The member of the first party in a proceeding Under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has filed this revision challenging the legality of the order passed by the Sub-Divisional Magistrate. Sambalpur, declaring the possession of the second party in respect of the disputed property measuring Ac. 3.61 decimals of land as described in the schedule of the impugned order.2. It is not necessary to refer in detail the case of either party as I consider it to be a fit case where the matter would be remanded to the court of the Magistrate for fresh disposal in accordance with law. The Magistrate has relied upon the order passed, by the Deputy Director, the appellate authority, in a consolidation proceeding. It appears that in the consolidation proceeding the land has been jointly recorded in the names of Purna Chandra Rana, member of the first party and Narayan Rana, member of the second party. From such recording, the Magistra...
Bidu Siala Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1997
Reported in: 84(1997)CLT817; 1998CriLJ794; 1997(II)OLR81
P.K. Misra, J.1. The appellant assails the order of conviction under Section 304, Part-II, Indian Penal Code, and sentence of Seven years RX imposed by the Sessions Judge, Balasore, in S.T. No. 18 of 1996. The appellant and four others were prosecuted in the said case. AH the five were charged under Section 148, Indian Penal Code. The appellant and accused Madhu Siala were further charged under Section 302/34, Indian Penal Code, while the three other accused persons were charged under Section 302/349, Indian Penal Code. The four other accused persons were charged under Section 323 for voluntarily causing hurt to Sanatan Siala, whereas appellant was charged under Section 323/149, Indian Penal Code, for causing hurt to Sanatan Siala. To say the least, the charges framed were indeed very confusing. Be that as it may, all the other accused persons were acquitted of all the charges and the appellant alone was convicted under Section 304, Part II, Indian Penal Code, and was acquitted of all ...
Gati Behera and anr., Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1997
Reported in: 1997(II)OLR62
P. K. Misra, J.1. The appellants in Criminal Appeal No. 123 of 1994 have been convicted under Section 304B, Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced to undergo regorous imprisonment for seven years and to pay a fine of Rs. 1,000/- each, in default, to undergo rigorous imprisonment for six months. Both of them are further convicted under Section 498A, I.P.C., and sentenced to undergo rigorous imprisonment for one year; under Section 201, I.P.C., and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for six months; and under Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- each, in default, to undergo rigorous imprisonment for six months. All the substantive sentences have been directed to run concurrently.The appellants in the other two appeals have been convicted under Section 201, I.P.C....
Rajkishore Mathur Vs. Mangatram Agrawal and ors.
Court: Orissa
Decided on: Jun-19-1997
Reported in: 84(1997)CLT235; 1997(II)OLR524
P.K. Misra, J. 1. All the three cases between the same parties raise common question of law and fact and are disposed of by one common order.2. The complainant is the petitioner in each of the cases. He had filed three separate complaint cases against the very same accused persons alleging commission of offence under Section 139 of the Negotiable Instruments Act. The Magistrate in each case had directed the police to investigate into the matter under Section 156(3) of the Code of Criminal Procedure. Subsequently, however, without waiting for the report of the police, the Magistrate proceeded with the case and took cognizance in the matter and issued process. The accused persons against whom process had been issued had filed applications before the Magistrate for recalling the order relating to taking of cognizance which were rejected by the Magistrate. Thereafter three separate revisions bearing Criminal Revision Nos. 17/95, 18/95 and 19/95 were filed before the Sessions Judge which we...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »