Orissa Court December 2002 Judgments
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Samir SwaIn Alias Samir Kumar SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Dec-27-2002
Reported in: 2003(I)OLR233
P.K. Misra, J.1. This appeal is directed against the order dated 22.12.1993 passed by the learned Sessions Judge. Dhenkanal, in S.T. Case No. 56 of 1992, whereby the appellant has been convicted under Sections 302, 341, 379 and 506 of the Indian Penal Code (for short, 'IPC') and sentenced to under- go imprisonment of life for the offence under Section 302, IPC, six months each under Sections 506 and 379, IPC, and three months under Section 341, IPC, the sentences to run concurrently.2. The appellant and six others had faced trial before the learned Sessions Judge, Dhenkanal, who on consideration of the evidence on record, convicted the appellant alone and acquitted the other accused persons.3. The prosecution case, as revealed during trial is that on 19.09.1991 at about 9.00 A.M., informant Damodar Swain (P.W.6) and deceased Ananda were going to Dhenkanal on their respective bicycles. On the way near Barakanya hillock, the appellant who had hidden himself behind Amari bushes, all on a ...
Kalpataru SwaIn Vs. Shantilata Swain
Court: Orissa
Decided on: Dec-20-2002
Reported in: 2003(I)OLR248
Pradipta Ray, J.1. Respondent-wife, Shantilata Swain instituted Civil Proceeding No. 38 of 1997 before the Family Court, Rourkela for restitution of conjugal rights and custody of children. Appellant-husband, Kalpataru Swain initiated Civil Proceeding No. 92 of 1997 in the said Family Court for a decree of divorce on the ground contained in Section 13(1), (la) of the Hindu Marriage Act (hereinafter referred to as 'The Act').2. Family Court by its judgment dated October 5, 1999 allowed the application for restitution of conjugal rights and granted an alimony of Rs. 700/- per month in favour of the wife. By a separate judgment dated October 5, 1999 Family Court dismissed husband's application for divorce.3. Appellant-husband has filed Civil Appeal No. 54 of 1999 against the judgment and decree for restitution of conjugal rights and Civil Appeal No. 55 of 1999 against those refusing to grant a decree for divorce in this Court. Both the appeals have been heard together and are being dispos...
Padmabati Devi Vs. Dasarathi Sahu and anr.
Court: Orissa
Decided on: Dec-16-2002
Reported in: II(2003)ACC400; 2004ACJ1071
Pradipta Ray, J.1. Duryodhan Das stated to be the owner of a small hotel was travelling in a Trekker bearing registration No. OR 02-A 4664. The vehicle was moving in a high speed. The driver lost control and the vehicle dashed against a roadside tree. Three persons including Duryodhan Das were killed on the spot. The widow and son of the deceased Duryodhan filed a claim case being M.A.C.T. Misc. Case No. 1 of 1993 of the court of the Third Motor Accidents Claims Tribunal, Bhubaneswar, claiming a compensation of Rs. 1,50,000/-.2. The owner of the offending Trekker (respondent No. 1 in this appeal) did not appear in the Tribunal. National Insurance Co. Ltd., the insurer, contested the claim by filing a written statement contending, inter alia, that the driver of the offending Trekker had no valid driving licence and that the vehicle was not covered by the insurance policy.3. The Tribunal found that the deceased was having a monthly income of Rs. 1,000/-and his contribution to the family ...
Bibhuti Bhusan Misra Vs. Raghaba Jena and ors.
Court: Orissa
Decided on: Dec-13-2002
Reported in: 95(2003)CLT85
L. Mohapatra, J.1. Defendant No. 5 is the appellant before this Court against a reversing judgment.Plaintiff-respondent filed the suit for declaration that they have stitiban status in respect of 'Ka' schedule land and that the defendants have no manner of right, title and interest therein.2. Case of the plaintiff-respondents is that the suit property originally belonged to the family of late Kalu Charan Mishra and others. In the family partition of late Kalu Charan Mishra the suit properties fell to the share of Kalu Charan Mishra and he granted a permanent lease in respect of Ac. 1.60 decimals of land out of total properties which fell to his share appertaining to plot No. 108, Khata No. 13/'Ka' in mouza Krushna Chandrapur in favour of the ancestors of the plaintiffs. The ancestors of the plaintiffs remained possession of the same on the basis of such permanent lease and were paying rent to Kalu Charan Mishra. It is alleged in the plaint that Kalu Charan Mishra had agreed that the pr...
Sri Harishankar Giri and anr. Vs. Central Electricity Supply Company o ...
Court: Orissa
Decided on: Dec-13-2002
Reported in: 95(2003)CLT65; 2003(I)OLR265
B. Panigrahi, J.1. Petitioner No. 2 which is a Company incorporated and registered under the Indian Companies Act, 1956 represented through its Managing Director, petitioner No. 1, has challenged the legality, validity and propriety of the notice dated 24.4.2001, vide Annexure-1 along with a Field Meter Test Report issued by opp. party No. 3, the Divisional Manager, Central Electricity Supply Company (in short 'CESCO') or Orissa, Dhenkanal Electrical Division for showing cause as to why the power supply to the Petitioners' Company shall not be disconnected and also the Penal Bill for the period from 18.8.2000 to 31.3.2001, vide Annexure-2 issued by opp. party No. 2, the Executive Engineer, CESCO, Dhenkanal Electrical Division, the same being arbitrary, whimsical and mala fide.2. Petitioners' Company is being promoted in the joint sector with IPICOL first set up a Mini Steel Plant at Gundichapada, Dhenkanalin the year 1984 with a manufacturing capacity of 50,000 Metric Tonnes of Mini St...
Sanjay Kumar Sharma Vs. Smt. Vidya Sharma and anr.
Court: Orissa
Decided on: Dec-12-2002
Reported in: AIR2003Ori89; 2003(I)OLR385
ORDER1. This revision petition is directed against an order dated 29-6-2002 passed by the Civil Judge (S.D.), 1st Court, Cuttack, in Title Suit No. 196 of 2002 holding that he has Jurisdiction to entertain the suit filed by the present opposite party No. 1 as the plaintiff,2. The brief facts leading to this petition are that marriage between the present petitioner and opposite party No. 1 was solemnised on 10-2-1995 as per Hindu rites and customs whereafter they lived as husband and wife in the house of the petitioner's father, i.e. opposite party No. 2. On 4-10-2001, a deed of family settlement was executed between the petitioner and his father, opposite party No. 2 to the effect that the petitioner would relinquish all his right, title, interest and possession over the residential house of opposite party No. 2, but the petitioner would be allowed to stay in the said residential house till the end of April2002. after which he will have his separate residence and opposite party No. 2 w...
Indian Metals and Ferro Alloys Ltd. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Dec-12-2002
Reported in: [2003]116CompCas557(Orissa); [2003]262ITR553(Orissa)
P.K. Balasubramanyan, C.J.1. Amalgamation took place between Kalinga Tubes Limited and Indian Metals and Ferro Alloys Limited, the petitioner herein. The said amalgamation was finally approved by the company court by order dated December 11, 1981. The amalgamation was to be effective from January 1, 1979. In the chapter dealing with aggregation of income and set-off or carry forward of loss in the Income-tax Act, Section 72A was introduced by the Finance (No. 2) Act, 1977, with effect from April 1, 1978. That provided for carrying forward and setting off of accumulated loss and unabsorbed depreciation allowance in certain cases of amalgamation. As per that provision, if the amalgamating company, here Kalinga Tubes Limited, was not financially viable by reason of its liabilities, losses and other relevant factors immediately before such amalgamation, the amalgamation was in the public interest and other conditions specified by the Central Government by notification in the Official Gazet...
Khaleswar Sahoo Vs. Engineer-in-chief-cum-secretary to Govt., Departme ...
Court: Orissa
Decided on: Dec-12-2002
Reported in: 2003(I)OLR174
ORDER1. Heard Mr. Padhi, learned counsel for the petitioner and Mr. Nanda, learned Addl. Government Advocate.2. The petitioner was working as Head Clerk in the office of the Executive Engineer (R & B), Burla Division, Burla, district- Sambalpur. By order dated 14.8.2002 he was transferred and posted to the Northern Circle (R & B) Office, Sambalpur. Aggrieved by the said order of transfer, he filed O.A. No. 1591 of 2002 before the Orissa Administrative Tribunal, Bhubaneswar which was disposed of by order dated 19.8.2002 with the direction to send the Paper Book of the Original Application to the Secretary, Government of Orissa, Works Department and the said Secretary will consider the averments in the Original Application and the Annexures and decide whether the applicant can be allowed to continue where he is or can be posted against any other vacancy available in the office of the Executive Engineer (R & B). Burla Division and communicate his orders to the petitioner within a period o...
State of Orissa Represented by the District Collector Vs. Dwarikanath ...
Court: Orissa
Decided on: Dec-11-2002
Reported in: 95(2003)CLT106
Pradip Mohanty, J.1. This first appeal is directed against the order dated 8.12.1995 passed by the Civil Judge (Sr. Division), Deogarh, in Land Acquisition Misc. Case No. 8 of 1995.2. Aggrieved by the order mentioned above, the State of Orissa through the Collector, Sambalpur, has preferred this first appeal. The claimants are the respondents.The facts, in brief, of the case are that the Government acquired Ac. 17.20 decimals of land under Holding Nos. 41, 43, 46 and 09 of village Nanei in the district of Sambalpur, which belonged to the claimant-respondents, by Notification No. 83370 dated 23.11.1979 published in E.O.G. No. 2365 dated 12.12.1979 for the purpose of construction of Rengali Multipurpose Project. The Land Acquisition Officer, Bengali Irrigation Project, Sambalpur, awarded compensation of Rs. 72,000/- towards the cost of the above holdings and for the trees standing therein including the tanks, wells and agricultural lands.The respondent-claimant's case is that there were ...
Executive Officer, Berhampur Municipality Vs. Babu Patra
Court: Orissa
Decided on: Dec-11-2002
Reported in: 95(2003)CLT137
P.K. Tripathy, J. 1. The order of acquittal under Section 255(1), Cr.P.C. in 3(a) C. C. Case No. 328 of 1986 of the Court of Judicial Magistrate Second Class, Berhampur, as per the impugned judgment dated 13.5.1987, is under challenge.2. Respondent faced the said trial for the offence under Section 385-A of the Orissa Municipal Act, 1950 (in short, 'the Act'), on the allegation that in contravention of the provision in Section 264 read with Section 266 of the Act he was continuing with construction of a house unauthorisedly in Ward No. 18 of Berhampur Municipality. The defence taken by the respondent was a plea of complete denial with the assertion that his house is 10 years old by the date of prosecution.3. To substantiate the accusation, appellant examined two witnesses, viz., Shri G. Tripathy (P. W. No. 1 - Amin of the Municipality) and Shri Y. Mohan Rao (P. W. No. 2 - the Town Surveyor of Berhampur Municipality). Appellant also relied on Exts. 1 to 5, out of which Ext. 2 is said to...
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