Orissa Court January 2000 Judgments
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Jhula Behera Alias Dalai and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-2000
Reported in: 2000(I)OLR208
ORDERP.K. Tripathy, J.1. Heard.2. This application Under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') is disposed of at the stage of hearing on admission after hearing the parties at length.3. Petitioners are arrayed as accused persons in G. R. Case No. 383/ 99 arising out of AthgarhP. S. Case No. 173/99. The case has been registered Under Sections 364/342/323/34, IPC read with Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the 'Act'). The case is pending at the stage of investigation and the Sessions Judge-cum-Special Judge, Cuttack is awaiting for Final Form.4. Petitioners have prayed to quash the investigation on the grounds that:(i) According to Rule 7 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (in short the 'Rule'), which has been made under the Act, a police officer not below the rank of Deputy Superintendent of Police is required to investigate the case,...
Rajaram Takiri Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-2000
Reported in: 89(2000)CLT348; 2000CriLJ2520; 2000(I)OLR313
P.K. Misra, J.1. These two applications have been registered Under Section 482 of the Code of Criminal Procedure (in short, the 'Cr.P.C.'), on the basis of two representations sent by the convict from the jail.2. The applicant was convicted Under Sections 366/376/506/342 of the Indian Penal Code (in short, the 'IPC') and sentenced to undergo R.I. for seven years on each count Under Sections 366 and 376 and R.I. for one year Under Section 506 and for six months Under Section 342, IPC in Sessions Case No. 16 of 1994 by the Asst. Sessions Judge, Gunupur, by judgment dated 9th June, 1995. In Jail Criminal Appeal No. 331 of 1995 filed against the aforesaid decision, while setting aside the conviction Under Sections 366, 506 and 342, IPC, the conviction Under Section 376, IPC was confirmed and the sentence of seven years as R.I. was modified to three years R.I. and fine of Rs. 1,000/- by judgment dated 30.1.1997 by the High Court. The petitioner also faced a separate trial for a subsequent o...
National Insurance Co. Ltd. Vs. Nalini Dehwari and ors.
Court: Orissa
Decided on: Jan-04-2000
Reported in: I(2003)ACC587
P.K. Misra, J.1. The insurer has filed this appeal under Section 30 of the Workmen's Compensation Act challenging the judgment passed by the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack (for short, 'the Commissioner').2. Claimant-respondent No. 1 is the widow of late Dhruba Charan Dehwari and claimants-respondent Nos. 2 and 3 are the parents of the deceased. The deceased was employed as a driver in truck bearing No. OR 05-3915 belonging to respondent No 4. The said truck was going from Cuttack to Burla being loaded with Amul Spiay. On the way the vehicle was waylaid by culprits and the consignment of the Amul Spray was looted and subsequently from a nearby place, the body of the deceased driver was recovered. The claim application was filed by the widow and the parents of the deceased alleging that death had occurred in an accident arising out of and in course of employment.3. The owner filed written statement admitting about the employment. It was st...
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