Orissa Court March 1998 Judgments
Sita Kandi Vs. State
Court: Orissa
Decided on: Mar-19-1998
Reported in: 1999CriLJ1642
A. Pasayat, J.1. Sita Kandi, the appellant (hereinafter referred to as the 'accused') faced trial along with two others, namely, Jhumar Kandi and Sapana Kandi for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC''): by having brought to an end to the life of Bishnu Patra (hereinafter referred to as the 'deceased') on 9-1-1986, by intentionally causing an incised wound on the left side face by means of an axe. Accused Sapana separately stood trial for alleged commission of offence punishable under Section 324, IPC by inflicting a cut injury by means of a deadly weapon on the deceased, and on Govind Chandra Patra, (P.W.9) son of the deceased. In addition to it, all the accused person faced trial for alleged commission of offences punishable under Section 302, read with Section 34, IPC, and Section 324 read with Section 34, IPC on the allegations of causing death of Bishnu Patra intentionally by means of a tangia and causing simple ...
Tag this Judgment!Indian Metals and Ferro Alloys Ltd. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-18-1998
Reported in: 85(1998)CLT560; (1999)158CTR(Ori)298; [1999]235ITR574(Orissa)
Susanta Chatterji, J.1. Indian Metals and Ferro Alloys Ltd., a company registered under the Indian Companies Act, having its registered office at Bomikhal, Bhubaneswar, now in the district of Khurda, Orissa, has filed the present writ petition praying inter alia :'Under the aforesaid facts and circumstances the petitioner prays this court to be pleased to : (a) issue a writ in the nature of certiorari or any other appropriate writ and/or direction against opposite parties and to certify and send up to this court all papers and documents in connection with the passing of annexure-1 so that they can be examined and if so considered be quashed ;(b) issue a writ in the nature of mandamus or any other appropriate writ or direction quashing annexure-1 and para. 7 of the guidelines in annexure-3 ;(c) issue a writ in the nature of mandamus against opposite party No. 1, Central Government, directing them to issue a declaration forthwith or within such time, as the petitioner has satisfied all t...
Tag this Judgment!Madan Mohan Bhanja Deo Vs. Union of India (Uoi)
Court: Orissa
Decided on: Mar-18-1998
Reported in: 1999CriLJ605
ORDERP.K. Tripathy, J. 1. This relates to an application for hail prayed under Section 439 of the Code of Criminal Procedure, 1973 (in short 'the Code'). Keeping in view the fact that petitioner is involved for an offence under Section 20(b)(i) and Section 21 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short, 'the Act') the bail application has to be read as an application under Section 439 of the Code read with Section 37(1) of the Act.2. Charge for the aforesaid offences has been framed against the petitioner on 5-2-1998 on the allegation that he was found in possession of 15 gms. of Ganja preparation (canabis) and that he was also found in unlawful possession of manufactured drugs (Modaks) and preparation thereof.3. Main thrust of the contention of Mr. Manoj Mishra, learned counsel for the petitioner is that in view of the ratio in the case of Gunanidhi Chand v. State of Orissa (1997) 13 OCR 331, maximum punishment prescribed for the offence under Section 20(b)(...
Tag this Judgment!National Insurance Co. Ltd. Vs. Bilasini Naik and anr.
Court: Orissa
Decided on: Mar-17-1998
Reported in: II(1999)ACC224; 1999ACJ547
P.K. Mohanty, J.1. This is an appeal by the insurer National Insurance Co. Ltd. against the order of the Motor Accidents Claims Tribunal, Phulbani, passed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') holding the appellant liable to pay the compensation towards no fault liability.2. The brief facts of the case are that on 27.2.1993 at about 4.30 p.m., the deceased was travelling in a mini truck bearing registration No. OR-05A-3927 as a passenger along with others. The mini truck met with an accident as a result of which two occupants received grievous injuries, 18 persons received simple injuries and two including the deceased died at the District Headquarters Hospital, Phulbani. Bilasini Naik, widow of deceased Adrias Naik, who succumbed to the injuries, filed an application under Section 140 of the Act in the court of the District Judge-cum-Motor Accidents Claims Tribunal, Phulbani.3. On notice being issued, the owner of the vehicle appeared...
Tag this Judgment!State of Orissa Vs. Nisakar Pradhan
Court: Orissa
Decided on: Mar-12-1998
Reported in: 2000(II)OLR571
D.M. Patnaik, J.1. Being aggrieved by the order dated 18.11.1995 of the Civil Judge (Senior Division), Deogarh in Land Acquisition Case No. 48 of 1994 enhancing compensation, the State of Orissa is in the appeal. 2. Disputed land measures Ac. 5.9 decimals under Khata No. 15, Ac. 44 decimals under khata No. 18, Ac. 0.55 decimals under Khata No. 18/8 in village Banakalo in Barkot P.S. in the district of Sambalpur. For the purpose of construction of Rengali Dam Project, by notification under Section 4(1) of the Land Acquisition Act dated 27.8.1976 the Government of Orissa acquired the above land, compensation for which was assessed by the Land Acquisition Collector totalling Rs. 44,364.97. Being aggrieved by the inadequate compensation the claimant filed objection which was ultimately referred under Section 18 to the Civil Judge (Senior Division), Deogarh claiming to enhance the valuation at the rate of Rs. 20,000/-per acre. 3. On consideration of the evidence of P.W.2 father and P.W.I so...
Tag this Judgment!Jagamohan Higher Secondary School and ors. Vs. State of Orissa and ors ...
Court: Orissa
Decided on: Mar-11-1998
Reported in: AIR1998Ori136
ORDER1. This batch of writ application filed on behalf of different Higher Secondary Schools and + 2 Colleges through their respective Secretaries is directed against the decision of the Council of Higher Secondary Education, Orissa, Bhubaneswar published in the daily news-paper 'The Samaya' dated 22-1-1998 (Annexure 3) prescribing certain norms for location of examination centres to conduct the Annual Higher Secondary Education Examination, 1998. Out of several criteria fixed for the purpose, the petitioners feel aggrieved at one condition only which provides that such of the educational institutions which have been established by 1993-94 with the permission of the Government would be selected as examination centres. All the cases being analogous have been heard together and are disposed of by this common judgment. For the sake of convenience, the parties as described in O.J.C. No. 1307 of 1998 and their pleadings in that case are referred to hereinafter.2. In O.J.C. No. 1307 of 1998,...
Tag this Judgment!Divisional Manager, New India Assurance Co. Ltd. Vs. Hara Prasad Tripa ...
Court: Orissa
Decided on: Mar-11-1998
Reported in: (1999)IILLJ1356Ori
P.K. Misra, J. 1. The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act, challenging the award of the Asst. Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No. 157 of 1993 awarding a sum of Rs. 64,071/- in favour of present respondent No. 1. 2. Respondent No. 1 was the driver under respondent No. 2 in respect of a Mini Truck bearing registration No. OR-07-8796, on April 29, 1993, while respondent No. 1 was driving the said vehicle, the vehicle capsized as a result of which respondent No. 1 sustained injuries. Claim application was filed claiming Rs. 1,00,000/- as compensation. The owner, respondent No. 2, in his written statement while admitting about the employment of respondent No. 1 and the accident claim that liability, if any, should be met by the present appellant as the vehicle had been validly insured with the Insurance Company. The present appellant had denied the allegations made in the applic...
Tag this Judgment!Larsen and Toubro Limited Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-10-1998
Reported in: [1998]111STC75(Orissa)
A. Pasayat, J. 1. Petitioner calls in question legality of the order of assessment passed under Section 12(4) of the Orissa Sales Tax Act, 1947 (in short, 'the Act') relating to assessment year 1996-97. An extra demand of Rs. 1,30,93,178 has been raised.2. According to the petitioner, the principles laid down by the apex Court in Builders Association of India v. Union of India [1989] 73 STC 370, Gannon Dunkerley & Co. v. State of Rajasthan [1993] 88 STC 204 and Bharat Heavy Electrical Limited v. Union of India [1996] 102 STC 373 have not been kept in view, and by presumptious conclusions deductions have been granted for labour and service charges. It is stated that the Sales Tax Officer has calculated the allowable percentage at 31.21 without indicating any basis therefor. The law relating to levy of sales tax on works contract has been laid down in those cases. The conclusions on the factual aspects have been drawn without keeping in view the law laid down in the aforesaid decisions.T...
Tag this Judgment!Mirza Yakub Beig and Four ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-10-1998
Reported in: 1999CriLJ1502; 1999(I)OLR369
A. Pasayat, J.1. While hearing an application Under Section 438 of the Code of Criminal Procedure, 1973 (in short, the 'Code') a learned Judg'e of this Court felt that there was divergence of view in orders passed by learned Single Judges, on the question whether the Court can pass an interim order not to arrest the accused till disposal of the application Under Section 438 of the Code. Reference was made to one view expressed in Madan Mohan Sahoo and Anr. v. State of Orissa : (1995) 9 OCR 553, where it was observed inter alia as follows after referring to cases of State of Haryana v. Shajan Lai reported in AIR 1992 SC 604 : 1992 Cri.L.J. 527, and Janata Dal v. N.S.Chowdhury reported in AIR 1993 SC 892 = 1993 Cri.L.J. 600, held as follows :'......This being so, the irresistible inference is that in an application Under Section 438 of the Code, the Court cannot restrain arrest.11. Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accus...
Tag this Judgment!Rabi Prakash Awasthi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-10-1998
Reported in: 87(1999)CLT222; 1998CriLJ3268
A. Pasayat, J.1. Petitioner, a life convict detained in Balasore District Jail has challenged the action of the opposite parties in not accepting his prayer for premature release in terms of Section 433 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Petitioner was convicted for an offence punishable under Section 302 of Indian Penal Code, 1860 (in short 'IPC' ) by the learned Sessions Judge, Sambalpur in S.T. Case No. 70 of 1977 and was taken to jail custody on 1-9-1978. By judgment dated 23-1-1979 learned Sessions Judge found the accused guilty and sentenced him to undergo imprisonment for life. Order of conviction and sentence passed by learned trial Judge was confirmed by this Court in appeal. On completion of fourteen years' of imprisonment, a reference was made to the State Government as required under Rule 518(1) of Orissa Jail Manual (in short, 'Manual') for consideration of the question whether petitioner was to be released. The State Government was of the view...
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