Orissa Court August 1999 Judgments
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Sangram Keshari Pande and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-10-1999
Reported in: 2000CriLJ1625
A. Pasayat, Actg. C.J.1. Alleging that there was illegality in the appointment of Shri Subash Chandra Kar Mohapatra an Additional Government Pleader in the district of Mayurbhanj a letter was addressed to Hon'ble the Chief Justice which was treated as a writ application.2. Illegality has been attached to the appointment primarily on two grounds. Firstly, there was clear violation of the provisions of Section 25 of the Code of Criminal Procedure, 1973 (is short, the 'Code') and the requirement of the Orissa Law Officers' Rules, 1971 (in short, the 'Rules'). The then Legal Remembrancer played a vital role in the appointment. Mala fides have been attributed including the allegation of corruption against him. It is stated that the District Magistrate has to draw up a panel of names arranged in order of merit from amongst the legal practitioners of the district in consultation with the District and Sessions Judge. The recommendation has to be submitted through the concerned Revenue Division...
Haramani Mohanty and ors. Vs. Smt. Sushila Kumari Mohanty and ors.
Court: Orissa
Decided on: Aug-09-1999
Reported in: 1999(II)OLR547
Pradipta Ray, J.1. The petitioners in this Civil Revision filed title suit No. 75 of 1987 in the Court Of the Munsif. 2nd Court; Cuttack (now Civil Judge, Junior Division) for the following reliefs : '(a) Let the status of the plaintiffs as the legitimate widow and children of late Bansidhar Mohanty be declared.(b) Let the cost of the suit be.deciroiid.in favour of the plaintiffs against the defendant. (c) Let the defendant be restrained from asserting his right as the sole heir of late Bansidhar Mohanty.'By judgment and decree dated October 15, 1989 the trial Court, decreed, the suit declaring chat the petitioners are the widow and chjl,dren of late Banshidhar Mohanty and restraining the original defendant, the predecessor- in-interest of the present opp. parties from asserting that he was the sole heir of late Banshidhar Mohanty. 2. Being aggrieved by the said judgment and decree of the trial Court. Rabindra Kishore Mohanty, the original defendant filed Title Appeal No. 70 of 1989 in...
indrajeet Roy Vs. Republic of India
Court: Orissa
Decided on: Aug-06-1999
Reported in: 87(1999)CLT433; 1999CriLJ4727; 1999(II)OLR279
P.K. Misra, J.1. The accused in a pending trial has filed this writ application against the order passed by the Sessions Judge, .Khurda at Bhubaneswar, in Criminal Revision No. 39 of 1999 which had been filed against the order of the trial Court rejecting the application of the present petitioner for recalling prosecution witness for further cross- examination.2. The petitioner is facing trial in the Court of the C.J.M.-cum- Assistant Sessions Judge, Khurda at Bhubaneswar, in S.T. Case No. 36/5 of 1998 on the allegations that he has committed offences Under Sections 354, 376/511, Indian Penal Code. Initially, the case had been registered in Cantonment Police Station and was being investigated by the Investigating Officer thereof. Subsequently, on the basis of a direction of the High Court, the investigation of the case was handed over to the C.B.I, and after further investigation, charge sheet having been filed by the C.B.I., the case is now being tried by the trial Court. After the ex...
Branch Manager, New India Assurance Co. Ltd. Vs. Jhunu Rani Patra and ...
Court: Orissa
Decided on: Aug-05-1999
Reported in: II(2000)ACC274; 2001ACJ1856; 89(2000)CLT363; (2000)IIILLJ1448Ori
P.K. Misra, J.1. The Insurer has filed this appeal under Section 30 of the Workmen's Compensation Act (in short, the 'Act').2. Claimant-respondent No. 1 is the widow of deceased Surendra Patra. It is alleged that the deceased was engaged for the purpose of driving the bus bearing number O.S.G. 9595 belonging to respondent No. 2. It is further alleged that while the bus was coming from Surat to Berhmpur, it met with an accident as a result of which the deceased died. It was stated that the deceased was 32 years old at the time of death and was earning Rs. 2,000/- per month. Compensation accordingly was claimed by the widow.3. The owner denied about the employment of the deceased under him. It was further stated that since the bus had been insured, the liability, if any, should be borne by the Insurance Company.4. The Insurance Company in its written statement generally denied the allegations made in the claim application. It called upon the claimant to prove the driving licence of the d...
Kumari Ratnabati Barik Vs. Chittaranjan Rout and anr.
Court: Orissa
Decided on: Aug-05-1999
Reported in: 2000(1)ALT(Cri)4; 88(1999)CLT710; 1999(II)OLR305
R.K. Dash, J.1. The order of the learned Sessions Judge, Balasore, in Criminal Revision No. 7 of 1991 setting aside the order of the learned Judicial Magistrate, First Class. Soro, taking cognizance.of the offences Under Sections 341 and 354. JPC has been assailed in this revision.2. The prosecution allegation is that on 17.2.1998 at about 7.30 a.m. while the informant Ratnabati, the present petitioner, was returning with her sister-in-law after performing Puja in a temple, the accused, opposite party No. 1 herein, dragged her to a nearby bush and gave her kiss. She raised cries, hearing which some people arrived at the spot, whereafter the accused made good his escape.3. The police on receiving the first information report registered a case under Sees. 341 and 354, IPC and after due investigation submitted charge-sheet. The learned Judicial Magistrate, First Class, Soro, took cognizance ol' (he aforesaid offences which came to be challenged in revision before I he Sessions Judge, Bala...
Nayan Kumar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-04-1999
Reported in: AIR2000Ori22; 88(1999)CLT615
R.K. Patra, J. 1. In this writ application under Articles 226 and 227 of the Constitution of India, the petitioner seeks for a direction to the District Sub-Registrar, Cut-tack (opposite party No. 2) to effect registration of the document of sale deed prosecuted before him. 2. Case of the petitioner is that with a view to sell a vacant piece of land under the Urban Agglomeration of Cuttack, he served statutory notice on the Competent Authority, Urban Land Ceiling, Cuttack (opposite party No. 3) on 23-6-1992 as required under Sub-section (1) of Section 26 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Land Ceiling Act'). The said competent authority initially declined to grant acknowledgment, of receipt of the statutory notice which compelled the petitioner to file O.J.C. No. 9316 of 1992 in this Court. This Court by order dated 8-3-1998 disposed of the matter with a direction that the petitioner would approach the competent authority on 10-2-1993 ...
New India Assurance Co. Ltd. Vs. Muna Behera and anr.
Court: Orissa
Decided on: Aug-04-1999
Reported in: (2000)IIILLJ1446Ori
P.K. Misra, J.1. These two appeals have been filed by the Insurer. 2. Claimant respondent No. 1 filed an application under the Workmen's Compensation Act (in short, the 'Act') before the Commissioner for Workmen's Compensation, Cut tack (in short, the 'Commissioner') claiming Rs. 50,000/- as compensation for injuries sustained by him in an accident arising out of and in course of his employment. The accident occurred on April 12, 1993. It was claimed that the claimant was working as a Helper under present respondent No. 2 in a Truck bearing registration number OR-04-9596. It is claimed that due to the accident, the claimant sustained several injuries including fracture of left knee, left hand, injuries to neck and other multiple injuries. It was claimed that he was receiving Rs. 900/- per month as wages excluding allowance of Rs, 15/- per day towards fooding. 3. The owner in his written statement while admitting about the employment, the accident and the injuries, contended that the li...
J.C. Budharaja Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-03-1999
Reported in: 1999(II)OLR385; [2000]118STC140(Orissa)
A. Pasayat, Ag. C.J. 1. These two appeals Under Section 23(4)(c)(i) of the Orissa Sales Tax Act, 1947 (in short, 'the Act') involve the question whether the Commissioner of Sales Tax (in short, 'the Commissioner') can revise an order passed by the Assistant Commissioner of Sales Tax in exercise of powers of revision Under Rule 80 of the Orissa Sales Tax Rules, 1947 (in short, 'the Rules'). As this question has to be answered in the background of Section 23(4)(c)(i) of the Act and Rule 80 of the Rules, detailed reference to the factual aspects would be unnecessary.2. Dispute relates to assessment year 1988-89. By order dated September 14, 1989, assessment was completed Under Section 12(4) of the Act. Another order was passed Under Rule 5 of the Orissa Additional Sales Tax Rules, 1975 (in short, 'the Additional Rules') read with provisions of the Orissa Additional Sales Tax Act, 1975 (in short, 'the Additional Act'). Additional tax of Rs. 16,369 levied under the Rules was deposited on Fe...
Fakira Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-03-1999
Reported in: 1999(II)OLR398
A. Pasayat, Acting C.J.1. From the letter of learned Second Additional Sessions Judge, Puri it appears that the appellant Fakira Sahu expired on 19.6.1999. He was convicted for commission of offence punishable Under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and was sentenced to undergo rigorous imprisonment for life.2. Section 394 of the Code of Criminal Procedure, 1973 (in short, the 'Code') deals with abatement of appeals. It provides that every appeal Under Section 377 or Section 378 shall finally abate on the death of the accused. In terms of Sub-section (2) of Section 394 every other appeal under Chapter XXIX of the Code, except an appeal from a sentence of fine shall finally abate on the death of the appellant. It is to be noted here that an appeal against acquittal presented by a complainant Under Section 378(2) however does not abate on the death of the complainant. Every other appeal except on appeal from a sentence of fine abates on the death of the appella...
Jayanti Sahu and ors. Vs. Rama Chandra Behera and ors.
Court: Orissa
Decided on: Aug-03-1999
Reported in: II(2000)ACC389; 2001ACJ506; 89(2000)CLT430
D.M. Patnaik, J.1. The legal heirs of one Dharanidhar Sahu, the deceased, have approached this court in appeal being dissatisfied with the amount of compensation awarded by the 2nd Motor Accidents Claims Tribunal, Berhampur.2. Claimants' case is, on 18.6.90 around 4.30 a.m. while deceased Dharanidhar was travelling in a mini truck bearing registration No. ORF 3364 with his goods, the said truck met with an accident on account of rash and negligent driving of the driver of the vehicle. The owner as well as the insurance company contested the case. The owner of the vehicle admitted that the deceased was travelling in the vehicle, but took the plea that he was travelling as a coolie but not as a person accompanying his goods. The insurance company apart from denying the factual facts also took the statutory defence that though the policy covered the insurance as on the date of accident, yet the insurance policy did not cover the insurance for loss of life of a person travelling in the goo...
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