Orissa Court March 1998 Judgments
Sk. Imam Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-31-1998
Reported in: 86(1998)CLT848; 1998(II)OLR103
P.K. Tripathy, J.1. In this application under Section 439(2) of the Code of Criminal Procedure, 1973 (in short, 'the Code') petitioner who is the informant in G.R. Case No. 1247 of 1996 has prayed to cancel the bail order inter alia alleging that in Criminal Misc. Case No. 192 of 1997 under Section 439 of the Code, learned Sessions Judge in-charge, Balasore allowed the bail application of the opposite parties by ignoring the relevant facts and materials and by illegal and improper exercise of the jurisdiction vested in him.2. Relevant facts required to be noted here are as follows :On 20.10.1996, a written report was lodged by the petitioner and one Mir Samser Ali alleging kidnapping of the Fatima Ali, minor daughter of the petitioner and Sanifanesa, minor sister of the other informant since 16.10.1996. On that report Balasore Town P.S. Case No. 291 of 1996 under sections 363/366/34, IPC was registered. When the missing girls were not recovered, Mir Hussain Ali, another brother of Sari...
Tag this Judgment!In Re: Ocl India Ltd.
Court: Orissa
Decided on: Mar-30-1998
Reported in: AIR1998Ori153; [1999]95CompCas429(Orissa)
Pasayat, J. 1. In this application purported to be under Sections 78, 100, 101,102 and 103 of the Companies Act, 1956 (in short, the 'Act') M/s. OCL India Limited (hereinafter referred to as the 'Company/Petitioner') has prayed for an order directing reduction of capital on the basis of special resolution passed in terms of Section 189 of the Act at a general meeting held on 29th September, 1997, and approve the minutes as shall be dealt with infra. The said resolution reads as follows :'RESOLVED, by way of special resolution That pursuant to Sections 78 and 100 and other applicable provisions of the Companies Act, 1956 and subject to confirmation of the High Court at Orissa and any other approval/s as may be required, the premium for 18,00,000 ordinary shares of Rs. 10/- each which have been allotted on 1st January, 1997 and 21st July, 1997 upon conversion of Zero Coupon Convertible Debentures (ZCCDs) issued on Rights basis be reduced from Rs. I30/- per share to Rs. 95/- per share by ...
Tag this Judgment!Divisional Manager, National Insurance Co. Ltd. Vs. Sayal Suna and ors ...
Court: Orissa
Decided on: Mar-30-1998
Reported in: II(1998)ACC713; 1999ACJ1445; 86(1998)CLT365
Ratnakar Dash, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, 'the Act') by the National Insurance Co. Ltd., Rourkela (hereinafter referred to as 'the insurer') against the order dated 27.9.1995 of the learned Second Motor Accidents Claims Tribunal, Sarnbalpur (hereinafter referred to as 'the Tribunal') whereby prayer of the respondent Nos. 1 and 2 for grant of interim award under no fault liability was allowed and the insurer was directed to pay the sum of Rs. 25,000 within two months from the date of passing of the impugned award.2. The admitted factual position emerging from the record is that the deceased Suryakanta Suna, son of the respondent Nos. 1 and 2, died in a motor accident on 10.1.1993 at about 9 p.m. The respondents approached the Tribunal claiming compensation and they also filed a separate petition under Section 140 of the Act for interim compensation of Rs. 25,000 under no fault liability. The insurer filed objection to such claim, ...
Tag this Judgment!Employees' State Insurance Corporation Vs. Md. Sahid
Court: Orissa
Decided on: Mar-27-1998
Reported in: II(1998)ACC782; I(1999)ACC399; 86(1998)CLT532; (1999)ILLJ71Ori
P.K. Misra, J.1. In this appeal under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter called the 'Act'), the Employees' State Insurance Corporation (hereinafter called the 'Corporation') has challenged the order of the Employees' Insurance Court (in short, 'E.I. Court') whereunder the Court has assessed the loss of earning capacity of the claimant-respondent at fifteen per cent.2. It is no longer in dispute that the claimant was engaged as a Coolie under a firm named M/s. Saret Kumar Rout, a Contractor, working under the Rourkela Steel Plant. The establishment is covered under the E. S. I. Scheme and the claimant was insured. On August 10, 1993, the claimant in course of his employment fell from a height and sustained some injuries. His case was referred to the E.S.I. Medical Board (hereinafter called the 'Board') which found that there was permanent disablement and the loss of earning capacity was to the extent of 3 per cent. The claimant being dissatisfied by the ...
Tag this Judgment!Chandi Prasad Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-27-1998
Reported in: (1998)IILLJ1166Ori
P.K. Mohanty, J.1. The petitioner in the present writ application prays for a direction to the opposite parties 2 and 3 to stay the departmental proceeding started under Annexure-2 till conclusion of the criminal trial in T.R. No. 1 of 1993 pending before the learned Special Judge, Bhubaneswar.2. The short facts of the petitioner's case is that he was working as an Executive Engineer, Electrical under the Grid Corporation of Orissa (opp. party No. 2) and was posted at Bhubaneswar. On March 25, 1990, search was conducted in the official quarters and the native house of the petitioner by the Vigilance Department. Prosecution was launched and a case under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 has been instituted in the Special Court and is now pending trial in the Court of the Special Judge, Bhubaneswar after abolition of Special Court. It is stated that the total value of assets found in possession of the petitioner on the date of search was R...
Tag this Judgment!Laxminarayan Senapati Vs. State of Orissa
Court: Orissa
Decided on: Mar-25-1998
Reported in: 85(1998)CLT589; 1998CriLJ2410; 1999(I)OLR250
R.K. Dash, J.1. The appellant (hereinafter referred to as the accused'), being aggrieved by the judgment and order of conviction passed by the learned Special Judge, Koraput, in T.R. Case No. 25 of 1986 has preferred the present appeal. By the impugned judgment the accused has been found guilty Under Section 7 of the Essential Commodities Act, 1955 (for short, 'the Act') for contravening Clause 3 of the Orissa Pulses, Edible Oil-seeds and Edible Oils Dealers (Licensing) Order, 1977 (for short.'1977 Licensing Order') and Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (for short, '1973 Order'), and has been sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for a further period of one and half months.2. Shortly stated, the prosecution case was that on 12.12.1985 the Civil Supply Enforcement Squad of Rayagada Sub-division raided the residence- cwm-trade premi...
Tag this Judgment!Smt. Pusparani Samal Vs. Suretha Kumar Biswal and ors.
Court: Orissa
Decided on: Mar-25-1998
Reported in: 1998(1)ALT(Cri)23; 85(1998)CLT543; 1998CriLJ3764
ORDERR.K. Dash, J.1. The petitioner, informant in CR. Case No. 385 of 1994 in the file of the learned S.D.J.M., Bhadrak, has assailed the order dated 7-6-1996 whereby the order taking cognizance of the offences under Sections 458, 323 and 307 read with Section 34 IPC against the opposite parties has been recalled. The grievance of the petitioner is that the Inspector-in-charge of Bhadrak Town Police Station usurped the power of both investigator and the magistrate and determined about culpability of the opposite parties leaving the learned S.D.J.M. to put his seal of approval to the said action which is impermissible in law.2. In order to appreciate the question involved in the case a few facts need be stated thus :On 1-4-1994 at about 11.30 a.m. an incident occurred in which it is alleged the opposite parties being variously armed came to the house of the informant, rebuked her and damaged her water pipe line. To their such action when her husband objected, he was severely beaten and ...
Tag this Judgment!Federation of Bidi, Bidi Leaves and Tobacco Merchants Vs. State of Ori ...
Court: Orissa
Decided on: Mar-24-1998
Reported in: AIR1998Ori120
R.K. Patra, J. 1. Facts are few, the grounds of attack are limited but arguments in this application under Articles 226 and 227 of the Constitution of India have encompassed larger issues centering around the validity and propriety of the policy decision of' the Government in the matter of disposal of its property and the extent of judicial review on such decision. The petitioner being felt aggrieved by the decision of the Orissa Forest Development Corporation Limited in inviting sealed tenders as per the notice dated 24-12-1997 (Annexure 4) for purchase of processed and phal Kendu-leaf bags has prayed for a declaration that the same is unlawful and unconstitutional and claimed that the Kendu leaves should be directed to be sold in public auction as per the previous scheduled programme. 2. The petitioner claims to be a Federation comprising of more than 25 members who deal in purchase and sale of Bidi. Bidi leaves and Tobacco as manufacturers and traders. Its case is that since after n...
Tag this Judgment!Muralidhar Sahu and anr. Vs. Chairman-cum-managing Director, Grid Corp ...
Court: Orissa
Decided on: Mar-23-1998
Reported in: AIR1998Ori188
A. Pasayat, J.1. Parents of one Panchu Sahu, a very young boy, have filed this writ application for a direction to the Grid Corporation of Orissa Limited, the successor of Orissa State Electricity Board (in short, the 'Board') against whom the original writ application was filed for payment of compensation towards death of their son by electrocution.2. Background facts as projected by the petitioners are as follows :Panchu Sahu who was aged about 12 years was returning from school on 11-5-1984. Suddenly he came in contact with live electric wire which was lying on the ground having snapped from the pole. He met with instantaneous death and was carried to the hospital where he was also declared dead. Post-mortem examination was conducted and the doctor opined that the death was due to electrocution. The matter was reported in Jaipur Police Station and V. D. Case No. 23 of 1984 was registered. It is alleged that due to negligence of the Board authorities an innocent boy lost his life.3. ...
Tag this Judgment!Smt. Susama Patel Vs. Grid Corporation of Orissa Ltd. and ors.
Court: Orissa
Decided on: Mar-23-1998
Reported in: 86(1998)CLT114; 1998(II)OLR136
S.N. Phukan, C.J.1. The background facts, as stated by the petitioner, are as follows :The petitioner purchased a plot of land in the year 1993 near the residential office of the Collector, Jharsuguda on the State Highway and after approval of plan and after obtaining proper permission from the Sambalpur Regional Improvement Trust, she constructed a double storeyed house. When the house was under construction, to the utter surprise of the petitioner, the opposite parties started construction of 132 KV Tower line for transmission of electric energy from Brajarajnagar across the State Highway to Cement Factory of L & T situated at Arda. She raised objection, and it was found that necessary permission as required under law was not taken. Construction was stopped for some time. Thereafter, all on a sudden, construction of the tower started. Line from Kantapalli to the cement factory in one side of the tower was taken. The said line is not going directly over the house of the petitioner, bu...
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