Orissa Court April 2002 Judgments
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New India Insurance Co. Ltd. Vs. Bidya Devi Agrawala
Court: Orissa
Decided on: Apr-30-2002
Reported in: 94(2002)CLT104
P. Ray, J.1. The present appeal has been preferred by the Insurance Company against the judgment and award dated February 17, 2001, passed by the 2nd Motor Accident Claims Tribunal, Sambalpur in Misc. (A) 7 of 1992 (S).2. The point urged by the Insurance Company is that the offending vehicle was insured as a private vehicle, but the same was being used for commercial purposes and carrying passengers for hire at the time of the accident. According to the Insurance Company, such use was in breach of the policy condition and accordingly, the Insurance Company cannot be held liable for paying compensation to the claimants. Supreme Court in New India Assurance Company, Shimla v. Kamla and Ors. (AIR 2001 SC 1419) has interpreted the Sectio'n 149 of the Motor Vehicles Act and summed up the effect of the said provision.'22. To repeat, the effect of the above provisions is this; when a valid insurance policy has been issued in respect of a vehicle as evidenced by a certificate of insurance the ...
Babu @ Lingaraj Mahakul @ Mahakud and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-30-2002
Reported in: 94(2002)CLT76; 2003CriLJ1011; 2002(II)OLR52
B. Panigrahi, J.1. This appeal protrays the woes of a young lady who was allegedly strangulated in her in-law's house whereupon the learned Addl. Sessions Judge convicted each of them under Sections 498(A)/34 and 302/34, IPC and sentenced each of them to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 5007- for the offence under Section 498(A)/34, IPC and to undergo imprisonment for life under Section 302/34,IPC. 2. Undaunted by the Judgment of the learned Addl. Sessions Judge, Sambalpur the appellants have preferred this appeal.3. The skeletal picture of the prosecution story as narrated in course of trial is as follows :That on 26.8.96 at about 9.00 P.M. the de facto complainant Anam Charan Parida (P.W. 6) submitted a written report in Hirakud Police Station by stating that his sister Bhagabati was given marriage to the appellant Lingaraj Mahakud of Hirakud about three months preceding the incident. At the time of marriage on the demand made by the appellants, dece...
Lokanath Sahu Vs. State
Court: Orissa
Decided on: Apr-30-2002
Reported in: 94(2002)CLT465
B. Panigrahi, J.1. The sole accused in Sessions Trial No. 9/24 of 1993 of the Court of Addl. Sessions Judge, Bargarh prosecuted under Sections 302/201/498A of the Indian Penal Code (in short 'IPC') has assailed the order of conviction and sentence directing him to undergo imprisonment for life.2. The factual matrix leading to this appeal is as follows :Appellant Lokanath Sahu had married the deceased Kausalya in the year 1989. Out of their union of male and a female child were born to them of whom the female child aged about one year could not survive. Thus they were left with a male child about 3/4 years at the time of fateful incident. For some time they led a happy married life, but thereafter their relationship did not continue well. There was more often than not rancor and ill-feeling between them on account of non-fulfilment of the dowry demand by the appellant. From the prosecution story presented during trial, it further demonstrated that the deceased Kausalya was found to be r...
Laxman Naik Vs. Nalita @ Lalita Naik
Court: Orissa
Decided on: Apr-30-2002
Reported in: 95(2003)CLT294; 2002CriLJ3418; II(2003)DMC275; 2002(II)OLR230
L. Mohapatra, J. 1. In this application under Section 482, Cr.P.C. the petitioner has challenged the legality of the orders passed by the Courts below in a proceeding under Section 125, Cr.P.C. 2. An application was filed by the opp. party for grant of maintenance under Section 125, Cr.P.C. for herself and her sons. The case of the opp. party is that she had married the petitioner as per Hindu rites and customs 15-16 years prior to the institution of the case and out of such wedlock 3 sons and 3 daughters were born. At the time of marriage the petitioner was a manual labourer in the coal mines and ultimately, became a driver and was getting Rs. 5000/- per month as salary. Being instigated by his colleagues, petitioner demanded Rs. 50,000/-, a colour TV and a scooter towards dowry. Since the opp. party refused to request her parents for such dowry, ill feelings started between the parties and the opp. party was subject to torture. It is alleged in the petition that the opp. party was as...
Babu and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-30-2002
Reported in: II(2002)DMC659
B. Panigrahi, J.1. This appeal portrays the woes of a young lady who was allegedly strangulated in her-in-law's house whereupon the learned Addl. Sessions Judge convicted each of them under Sections 498(A)/34 and 302/34, IPC and sentenced each of them to undergo rigorous imprisonment for 2 years and on pay a fine of Rs. 500/- for the offence under Section 498(A)/34, IPC and to undergo imprisonment for life under Section 302/34, IPC.2. Undaunted by the judgment of the learned Addl. Sessions Judge, Sambalpur the appellants have preferred this appeal.3. The skeletal picture of the prosecution story as narrated in course of trial is as follows :That on 26-8-96 at about 9.00 p.m. the de facto complainant Anam Charan Parida (P.W. 6) submitted a written report in Hirakud Police Station by stating that his sister Bhagabati was given marriage to the appellant Lingaraj Mahakud of Hirakud about three months preceding the incident. At the time of marriage on the demand made by the appellants, dece...
Tutu Alias Bharatendu Bal and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-29-2002
Reported in: 2003CriLJ722; 2002(II)OLR184
ORDERC.R. Pal, J.1. In this petition under Section 482, Cr.P.C. the petitioners who figure as accused persons in G.R. Case No: 419 of 200l of the Court of S.D.J.M., Angul corresponding to Angul P.S. Case No. 98 of 2001 for their alleged involvement in the commission of offences under Sections 452, 294, 323, 427, 354, 506 read with Section 34, I.P.C. and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have for quashing the proceeding.2. The case against the petitioners is that on 24-5-2001 at about 4.00 p.m. the petitioners came to the house of the informant and called his cousin Baidyanath Biswal in a threatening voice. The informant came out of his house to ascertain the reasons, but the petitioners scolded him in filthy and derogatory language touching his caste. When he protested against such action of the petitioners, they forcibly entered into his house and one of them assaulted him by means of a iron rod. When the mother of the informan...
The New India Assurance Co. Ltd. Vs. Kumudini Nayak and ors.
Court: Orissa
Decided on: Apr-26-2002
Reported in: 95(2003)CLT684
A.S. Naidu, J.1. This Misc. Appeal has been filed under Section 173 of the Motor Vehicles Act challenging the award passed by the Fourth Motor Accident Claims Tribunal, Puri in M.A.C.T. Misc. Case No. 475/831 of 1993-89.2. The deceased was a Government servant employed in the Department of Information Education and Communication Centres (Health Education Bureau), Directorate of Family welfare, Orissa. He was 46 years old when the fatal accident took place. At the relevant time, his monthly salary was Rs. 2,300/-. Bereft of all unnecessary details, it is suffice to say that on 1.6.89 when the deceased was proceeding on a bicycle, the offending Truck bearing Registration number B.P.A. 3033 caused the accident and the victim died. The widow and the four minor children of the deceased filed Misc. Case No. 831 of 1989 before the Fourth M.A.C.T., Puri claiming a sum of Rs. 4,50,000/- towards compensation. The statement of facts of the petition filed by the claimants clearly reveals that the ...
The United India Insurance Company Ltd. Vs. Upendra Kumar Dalai and an ...
Court: Orissa
Decided on: Apr-26-2002
Reported in: 2002(II)OLR66
M. Papanna, J.1. This 1s an appeal filed by the United India Insurance Company Ltd. against the award passed by the 4th Motor Accident Claims Tribunal (in short 'Tribunal'), Puri in Misc. Case No. 184/ 639 of 1993/ 1989.2. Relevant facts of the case leading to the present appeal are as follows :The petitioner before the Tribunal (here-in-after referred to as the 'Claimant') made a claim of Rs. 1,50,000/- as compensation on account of severe injuries caused to him in a motor vehicle accident involving the truck bearing registration No. A.N.N. 2988 belonging to one B. Nayak Bhusan Guadiwada (Respondent No. 1). Because of the injuries sustained by him, the Claimant was hospitalised for a long period. However, his right leg from his hip was amputated ultimately. His left leg was also fractured in the said accident. He has been rendered totally disabled for which he is unable to carry on even his daily duties as a human being. 3. The learned Tribunal adjudicated the claim petition and award...
Nakul Kishor Merli and ors. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-25-2002
Reported in: AIR2002Ori174
Balasubramanyan, C.J.1. This writ petition is admitted, notice taken for the Union of India -- opposite party No. 1 by the learned Standing Counsel (Central), for opposite party Nos. 2, 3 , 8 and 9 by the learned Additional Government Advocate assisting the learned Advocate General, and for opposite party Nos. 4 to 7 by Mr. S.K. Nayak (1). The petitioners to serve additional copies of the writ petition on the respective counsel.2. This writ petition was heard along with O.J.C. No. 17037 of 2001 which projected the same problem in wider canvass and which relates to procurement of paddy and/ or rice from agriculturalists in the entire State of Orissa. This present writ petition subsequently filed by the farmers of Balangir district relates to procurement of paddy and/or in Balangir district. O.J.C. No, 17037 of 2001 was heard after the pleadings were completed and the judgment is to be delivered therein. But meanwhile, considering the submission that this year the farmers of Balangir dis...
State Vs. Kampala Khamari and anr.
Court: Orissa
Decided on: Apr-25-2002
Reported in: 2002(I)OLR602
B. Panigrahi, J.1. The Death Reference and the Jail Criminal Appeal are directed against the judgment passed by the Addl. Sessions Judge, Sonepur in Sessions Case No. 102/1 of 2000/2001 dated 25.1.2001 convicting the accused-appellants under Section 302 read with Section 34, Indian Penal Code (in short 'IPC') and sentencing them to be hanged by neck till their death for having brutally killed deceased Prafulla and Pramod.2. The prosecution story as unravelled during trial is as follows :On 27.6.2000 morning at about 8.00 A.M. while deceased Pramod Khamara, husband of P.W.I Jayanti Kumari had been to his field, Jayanti Kumari was cleaning the cow-shed, the appellant Bhagaban came slily, entered into the cow-shed and exhibited lewd gesture to P.W. 1. By such indecent behaviour, P.W. 1 Jayanti got infuriated and retorted by saying that appellant Bhagaban could have exhibited such type of behaviour to his own sister. At. this juncture when deceased Pramod. husband of P.W.1 came and enquire...
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