Orissa Court June 1999 Judgments
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Surendra Patra Vs. Lakhavir Singh and ors.
Court: Orissa
Decided on: Jun-28-1999
Reported in: I(2000)ACC489; 89(2000)CLT346
P.K. Misra, J.1. The present appeal has been filed by the claimant for payment of higher compensation.2. The accident occurred on 31.7.1982. The claimant was proceeding as a helper in the truck bearing registration number O.S.C. 3345. The truck was being driven in a high speed and due to negligence of the truck driver, the truck dashed against another truck and went off the road as a result of which the claimant was thrown out of the truck and sustained injuries. The claimant was treated in the S.C.B. Medical College and Hospital, Cuttack, and his right hand was amputated. Misc. Case No. 191 of 1982 was filed claiming compensation of Rs. 1 lakh.3. By an earlier award dated 18th September, 1987, it was found by the Claims Tribunal that the accident occurred due to negligent driving of the truck bearing number O.S.C. 3345 and a sum of Rs. 25,000/-was awarded. It was directed that the said amount should be paid by the Insurance Company as the truck had been insured. Against the aforesaid ...
indrajeet Roy Vs. Republic of India and anr.
Court: Orissa
Decided on: Jun-26-1999
Reported in: 87(1999)CLT859; 1999(II)OLR92
P.K. Misra, J.1. The accused person has filed this revision against the order of the trial Court rejecting the application for recalling P.W. 4 for further cross-examination.2. The petitioner is facing trial on the allegations that he has committed offences under Sees. 354, 376/511, Indian Penal Code. After examination and cross-examination of P.W. 4 were over, at a subsequent stage while other prosecution witnesses were being examined, the petitioner filed an application before the trial Court for recalling P.W: 4 for further cross- examination for the avowed purpose of confronting the witness in connection with certain omissions in the statement made before the Investigating Officer. The said application was rejected by the trial Court on 8.12.1998. The petitioner filed Criminal Revision No. 590 of 1998 in this Court which was disposed of on 29.1.1999. It was observed that it would be open to the petitioner to file a fresh application before the trial Court giving the details of the ...
United India Insurance Co. Ltd. Vs. Kashinath Barik and anr.
Court: Orissa
Decided on: Jun-26-1999
Reported in: 2000(I)OLR497
P.K. Misra, J.1. This appeal has been filed Under Section 173 of the Motor Vehicles Act, 1988 ((hereinafter referred to as the 'Act') by the Insurance Company.2. On 10.5.1995, the injured-respondent No. 1 was going on a cycle and was hit by a Trekker bearing number OR-07-A-3133 as a result of which the claimant sustained certain injuries including fracture and was treated in the hospital. The owner did not contest the proceeding. However, the Insurance Company filed written statement denying the allegations made in the claim application. It took the plea that the driver of the Trekker did not have driving licence authorising him to drive a passenger carrying vehicle and as such the Insurance Company was not liable to pay the amount. The Claims Tribunal found that the accident occurred due to negligent driving of the driver of the Trekker. It assessed that a sum of Rs. 15,000/- was payable as compensation and since the vehicle had been insured, it directed the Insurance Company to pay t...
Kailash Chandra Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Jun-25-1999
Reported in: 88(1999)CLT255; 1999(II)OLR165
P.K. Misra, J.1. The present petition has been filed by the accused challenging the order dated 1.9.1998 passed by the Chief Judicial Magistrate, Cuttack, in G.R.Case No. 1325 of 1992 rejecting the application of the petitioner Under Section 205, Code of Criminal Procedure, 1973 (in short, the 'Cr.P.C').2. The petitioner is facing trial in the Court of the Chief Judicial Magistrate under Sees. 409, 477A and 120B, Indian Penal Code (in short, the 'IPC') alongwith Section 205, Cr.P.C. supported by certificate of a doctor on the ground that he had been advised absolute bed-rest and was not in a position to move. The said petition was rejected by the Chief Judicial Magistrate mainly on the ground that the period for bed- rest advised by the doctor was already over.3. In this petition, the counsel for the petitioner submitted that the health of the petitioner continues to be indifferent. The learned counsel for the petitioner further submitted that the trial Court did not consider the princ...
Rajendra Kumar Jit and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-25-1999
Reported in: 88(1999)CLT579; 1999(II)OLR156
P.K. Misra, J.1. This application has been filed by the accused persons Under Section 482, Code of Criminal Procedure, 1973 (in short, the 'Cr.P.C') to quash G.R.Case No. 37 of 1997 wherein charge-sheet has been filed against the accused persons Under Sections 366, 452, 354, 171F read with Section 34, Indian Penal Code (in short, the 'I.P.C').2. The only ground on which the prayer for quashing is made is that the dispute between the accused persons and the prosecution party has been amicably settled. Opp. party No. 2 is the informant and opp. party No. 3 is her husband. The offence Under Section 354, IPC is alleged to have been committed in respect of opp.party No. 2 and the offence Under Section 366, IPC is alleged to have been committed in respect of her husband (opp. party No. 3). Both opp. parties 2 and 3 have entered appearance through counsel. The petitioners have annexed the deed of compromise which had been signed by the accused persons as well as the informant and her husband ...
Mohammad Hassan and anr. Vs. Asraf Alli Khan and anr.
Court: Orissa
Decided on: Jun-25-1999
Reported in: 1999(II)OLR163
P.K. Misra, J.1. This application has been filed Under Section 482, Code of Criminal Procedure, 1973 (in short, the 'Cr.P.C') for quashing G.R.Case No. 236 of 1997, corresponding to Purighat P.S.Case No. 41 of 1997 in the file of the Sub-Divisional Judicial Magistrate, Cuttack. The application has been filed by the accused and the alleged victim.2. Case had been registered Under Section 363/34, Indian Penal Code. The FIR had been lodged by the father of the present petitioner No. 2. It was alleged that the age of the present petitioner at the time of the alleged occurrence was less than 16 years. The petitioners have sought for quashing the proceeding on the ground that petitioner No. 2 had voluntarily left with petitioner No. 1. It is claimed in the petition that the age of petitioner No. 2 was more than 18 years at the time of the alleged occurrence. The father of petitioner No. 2 has been impleaded as opp. party No. 1 and upon notice has entered appearance. He has opposed the prayer...
Narayan Hadipa Vs. Smt. Jayasudha Nagabansha @ Hadipa
Court: Orissa
Decided on: Jun-24-1999
Reported in: II(1999)DMC639
A. Pasayat, A.C.J.1. An order under Section 125, Criminal Procedure Code, 1973 (in short the 'Code') passed by the learned Judge, Family Court, Rourkela is under challenge in this appeal.2. Respondent Smt. Jayasudha Nagabansha alias Hadipa filed an application in the Court of the Judge, Family Court, Rourkela under Section 125 of the Code, alleging that the present appellant, who was her husband had neglected to maintain her, and she had no means of her own to maintain herself. The present appellant disputed the claim that he was the husband of the respondent Jayasudha. He went to the extent of taking the stand that there was no marriage as alleged, and he even did not know her. Four witnesses were examined by the respondent in support of her case and one witness was examined by the appellant to substantiate his case that there was no marriage between him and the respondent.3. Learned Judge, Family Court on analysis of the evidence of the witnesses came to hold that the respondent has ...
Salim Khan Alias Hassan and Naimeun Nisa Alias Husna Vs. Union of Indi ...
Court: Orissa
Decided on: Jun-24-1999
Reported in: 1999(II)OLR347
A. Pasayat, Acting C.J.1. These two writ applications being inter- linked are taken up for disposal to be governed by this judgment. In O.IC No. 1 7236 of 1 998 petitioners Salim Khan alias Hassan has called in question legality of direction given by the State Government by its order dated 6.1.1998 as issued by the Home Department requiring him to quit the country. Similarly order of the Superintendent of Police and D.P.O. Dated 17.3.1998 requiring him to leave the country as extension of stay as granted in his favour was going to expire on 29.3.1998 is under challenge. In the later order, failure was indicated to make the petitioner liable Under Section 14 of the Foreigners Act, 1946 (in short, the 'Act') for violation of Section 3(2)(e) thereof. Former order was issued in exercise of powers conferred by clause (c) of Sub-section (2) of Section 3 of the Act read with notification No. 4/3/56(1 )F.I. dated 19.4.1958 of the Government of India in the Ministry of Home Affairs. For contrav...
Divisional Manager, United India Assurance Co. Ltd. Vs. Ullas Chandra ...
Court: Orissa
Decided on: Jun-23-1999
Reported in: 2001ACJ1120; 1999(II)OLR129
P.K. Misra, J.1. The facts giving rise to the present appeal at the instance of the Insurer are as follows : Claimant-respondent No. 1 filed Claim Case No. 76 of 1987 claiming compensation on account of injuries sustained by him in an accident involving the truck bearing number ORP-82 belonging to present respondent No. 2. The Claims Tribunal by award dated 5.9.1990 decided that a sum of Rs. 1,45,000/- is to be paid as compensation by the Insurer. The relevant order passed by the Claims Tribunal is as follows :'The Misc. Case is allowed in part on contest against O.P. No. 2 and without contest against O.P. No. 1 with cost of Rs. 500/- and it is ordered that the petitioner will be entitled to a consolidated compensation of Rs. 1,45,000/- from the O.P. No. 2-Insurance Company with interest @ 6% per annum from the date of claim i.e. 10.2.1987 till realisation. The O.P. No. 2 is directed to pay the compensation amount to the petitioner with cost and interest within 2 months hence, excludin...
New India Assurance Co. Ltd. Vs. Sadasiv Misra and ors.
Court: Orissa
Decided on: Jun-23-1999
Reported in: 1999(II)OLR159
P.K. Misra, J.1. The Insurance Company has filed this appeal challenging the award of the Claims Tribunal. A cross-objection has been filed on behalf of the claimant-respondents 1 to 4 claiming higher compensation.2. Claimant-respondents 1 and 2 are the parents of deceased Nihar Ranjan Misra, whereas respondents 3 and 4 are his brother and sister. The accident took place on 26.5.1996. The deceased was going as a pillion rider on a Hero Honda Motor-cycle. Since there was some mechanical trouble in the motor-cycle, the same was parked on the left-side of the morum flank of the road and the deceased was cleaning the spark-plug of the motor-cycle. At that time the offending truck came and dashed against the deceased and ultimately the truck wheel ran over the chest of the deceased who succumbed to the injuries while he was being shifted to Jajpur Hospital. At the time of the accident the deceased was working as a Junior Engineer under the State Government and was aged about 30 years. Claim...
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