Orissa Court April 2002 Judgments
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Satyabhama Behera Vs. Divisional Manager, Life Insurance Corporation o ...
Court: Orissa
Decided on: Apr-12-2002
Reported in: 94(2002)CLT247
R.K. Patra, J. 1. The short question that arises for consideration in this writ petition is whether a non-nominee can claim any share in the insured amount vis-a-vis a nominee mentioned in the insurance policy.2. The petitioner has filed this writ petition seeking for a direction the authorities of the Life Insurance Corporation of India (opposite parties 1 and 2) to settle the L.I.C. claim of her deceased son-Soumendra Kumar Behera in her favour and her daughter-in-law (Opposite party No. 3)-widow of the deceased-Soumendra.3. The petitioner's case is that her son-Soumendra while working as Assistant Teacher opened a L.I.C. policy bearing number 581307998 on 20.12.1994 underthe monthly salary savings scheme. In the policy, the petitioner was declared to a nominee under Section 39 of the Insurance Act, 1938 (Annexure-1). The petitioner's son-Soumendra married to opposite party No. 3 in the year 1996 and both of them were leading a happy conjugal life as husband and wife till his death w...
Bachan Bhoi Vs. State of Orissa
Court: Orissa
Decided on: Apr-12-2002
Reported in: 94(2002)CLT584; 2002(II)OLR150
B. Panigrahi, J.1. This appeal has assailed the order dated 9.8.1995 passed by the learned Additional Sessions Judge, Bolangir (Camp at Sonepur) in Sessions Case No. 23/17 of 1995 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.2. The essential facts leading to filing of this appeal are as follows :While the deceased Bali Pradhan was returning from the canal after taking bath with a bell-metal Gadu, soap, towel etc., the appellant inflicted 4 to 5 cut blows with an axe on her neck in a narrow lane behind the house of the appellant, as a result of which 3/4th portion of the neck found flapping and she fell down on the ground dead. It has been disclosed that preceding the ghastly incident, there was absolutely no altercation, nor provocation by the deceased. The ghastly incident was witnessed by one Hadu Bhoi, who informed about it to Ghanashyam Pradhan, the de facto complainant. After receiving information,...
Damodar Alias Damodar Nanda Vs. Land Acquisition Officer and ors.
Court: Orissa
Decided on: Apr-12-2002
Reported in: 2002(II)OLR43
A.S. Naidu, J.1. The claimant has filed this appeal under Section 54 of the Land Acquisition Act (for short 'the Act') being not satisfied with the compensation awarded in Land Acquisition Misc. Case No. 163 of 1978 by the then Subordinate Judge, Bhawanipatna.2. Undisputedly for the purpose of extension of Co-operative Sugar Mill of Bargarh the land belonging to claimant-appellant situated in village Tora' within Bargarh Police Station, was acquired vide land acquisition declaration No. 39922 dated June 26. 1969 which was duly published in Orissa Gazette, Extraordinary Notification No. 1102 dated June 30, 1969. Out of the total land A.2.52 decimals was 'Atta' land and A.O.04 decimals was 'Mal' land. The Land Acquisition Collector granted compensation at the rate of Rs. 4,720/- per acre for 'Mal' land and Rs. 944/- per acre for 'Atta' land. The total amount of compensation awarded in favour of the claimant was Rs. 3.004.57 which he accepted on protest. The claimant thereafter filed a pe...
Batakrushna Parida Vs. State of Orissa
Court: Orissa
Decided on: Apr-11-2002
Reported in: 2002(II)OLR154
B. Panigrahi, J.1. These two appeals are directed against the common order/Judgment passed by the learned Sessions Judge, Dhenkanal in S.T. No. 25 D of 1983 whereby and whereunder all the accused persons were acquitted of the charges under Sections 302, 307, 148, 302/149 of the Indian Penal Code, (hereinafter referred to as the 'IPC') nonetheless appellant-respondent No.l, Batakrushna Parida, was convicted under Section 304, Part II, IPC and sentenced to undergo R.I. for 3 years. The Government of Orissa has filed the aforesaid Government Appeal against the order of acquittal of the respondents whereas appellant-respondent No. 1, Batakrishna Parida, has filed the aforesaid Criminal Appeal against the order of conviction passed against him. Both the appeals were heard together and this judgment will govern both the appeals.2. The skeletal picture of the prosecution case as unravelled during trial is as follows :Village Saruali is consisted of three hamlets, namely, Gopal Sahi. Dehury Sa...
T. Venkat Rao and 12 ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-11-2002
Reported in: 2002(II)OLR111
B. Panigrahi, J.1. All the aforesaid matters arise out of an order dated 26.08.1987 passed by the learned First Additional Sessions Judge, Berhampur, in Sessions Case No. 7of 1987 (S.C.No. 70/87 G.D.C.) convicting the appellants in the Criminal Appeal, who are respondents in the Government Appeal and opposite parties in the Criminal Revision, under Sections 148, 325/149 and 323/149, of the Indian Penal Code (in short 'IPC') and sentencing them to undergo R.I. for 5 years under Sections 325/149, IPC; R.I. for 2 years under Section 148, IPC; and R.I. for one year under Section 323/149, IPC; the sentences to run concurrently. The appellants have filed the Criminal Appeal No. 172 of 1987 challenging the order of their conviction.-While Criminal Revision No. 477 of 1987 has been filed by the informant with a prayer for enhancement of sentence, Government Appeal No. 15 of 2002 has been filed by the State challenging the order of acquittal of the accused persons of the offence under Section 3...
Rama Majhi Vs. State of Orissa
Court: Orissa
Decided on: Apr-10-2002
Reported in: 2002(I)OLR643
B. Panigrahi, J.1. The conviction and sentence passed against the appellant under Section 302/34, IPC for commission of murder of Nana by the learned Sessions Judge, Mayurbhanj directing him to undergo imprisonment for life have been assailed in this appeal.2. The scenario of the prosecution story as has been unravelled during the trial is as follows :That the de facto complainant Bhima Majhi lodged a report at Bisoi Police Station by stating that he saw a dead body at about 9.00 A.M. on 14.3.93 lying near ''Jhairra' of village Kundura. Following such report the I.O. conducted inquest over the dead body in between 2.30 P.M. and 3.30 P.M. and thereafter it was sent for post mortem examination through the dead body challan, Ext. 2/2. An axe (M.O.I) was seized from near the dead body stained with blood. It was also sent for chemical and serological test through the learned S.D.J.M., Rairangpur. The clothes of the deceased were also seized. From the post mortem examination it has appeared ...
Ashok Kumar Mishra and anr. Vs. Chairman-cum-managing Director, I.D.C. ...
Court: Orissa
Decided on: Apr-10-2002
Reported in: 2002(II)OLR104
P.K. Mohanty, J.1. The petitioners, two in number have challenged the order of the Chief General Manager (T & A) rejecting their representations to designate them as Deputy Manager and allow them the revised scale of pay as allowed to the other contemporaries in service with effect from the date of such persons have been given, the benefit.2. The short fact of the case is that petitioner No. 1 Ashok Kumar Mishra was first appointed as Trainee Junior Engineer on consolidated salary of Rs. 750/- per month and joined in the Industrial Infrastructure Development Corporation (hereinafter called 'I.D.C.O.') on 24.11.1986. He was regularised in the post of Junior Engineer (Civil) at a starting pay of Rs. 565/- per month in the scale of pay Rs. 490-840/- with effect from 1.1:1987. Petitioner No. 2 Dipak Ranjan Tripathy joined the I.D.C.O. on 10.7.1987 as Assistant Manager (Civil) on probation on a consolidated salary Rs. 750/- per month. Subsequently, petitioner No. 1 Sri Mishra was designated...
Pradipta Kumar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-10-2002
Reported in: 2002(II)OLR96
P.K. Mohanty, J.1. In all these writ petitions, common question of fact and law being involved, on the prayer and with consent of the learned counsel for the parties, the writ applications were heard together and are being disposed of by this common order.2. The brief facts of the case is that the petitioners in all these writ applications are Graduate Engineers in Electrical discipline. They obtained their qualification between 1987 and 1996 and because of non-availability of posts, they remained unemployed. The State Government considering the acute unemployment problem in respect of Degree Engineers in the State decided as many of them as possible should be given appointment as Stipendary Engineers in the Government Departments and Undertakings including the Corporations on a consolidated stipend of Rs. 2,000/- per month. An advertisement was issued on 18.6.1990 calling upon the unemployed Graduate Engineers to file applications for empanelment and effectual placement. In response t...
Panchanan Mishra Vs. Smt. Arati Panda
Court: Orissa
Decided on: Apr-09-2002
Reported in: 93(2002)CLT601
P.C. Naik, J. 1. Civil Proceeding No. 145 of 1992 was filed before the Judge, Family Court, Cuttack, by Shri Panchanan Mishra (hereinafter referred to as 'the husband') against Smt. Arati Panda (hereinafter referred to as 'the wife') for a decree of divorce. On the other hand, Civil Proceeding No. 85 of 1991 was filed by the wife against her husband for restitution of conjugal rights. The Judge, Family Court, Cuttack disposed of these two Civil Proceedings, by a common judgment on 30.8.1997. Both the cases, namely, that filed by the husband for divorce and the one file by the wife for restitution of conjugal rights, were dismissed on contest. However, a decree under Section 10 of the Hindu Marriage Act (in short, 'the Act') for judicial separation was passed with a direction to the husband (the petitioner in Civil Proceeding No. 145 of 1992) to pay maintenance of Rs. 2,000/-per month to the wife (respondent in that proceeding).2. Aggrieved with the judgment of the Family Court, the hus...
Rohit Naik Vs. State of Orissa
Court: Orissa
Decided on: Apr-09-2002
Reported in: 93(2002)CLT804
B. Panigrahi, J.1. The order of conviction and sentence under Section 302 of the Indian Penal Code, in short 'IPC', dated 23.12.1994 passed by the learned Sessions Judge, Dhenkanal-Angul, Dhenkanal, in Sessions Trial Case No. 90 of 1992 directing the appellant to undergo imprisonment for life has been assailed in this appeal.2. The fact leading to the filing of this appeal is as follows :The appellant who was the cousin brother of the deceased Rukuna Naik impressed on the latter that her mother was ailing and, therefore, he had come to take her with him. Believing the statement of the appellant, the deceased Rukuna had gone in the company of the appellant in his bicycle borrowed from Sikhar Behera (P.W. 1). It is stated that on the way towards Nuabaga, the dead body of the deceased Rukuna was lying which was witnessed by one Rabi Narayan Mishra and one Gandharb Biswal. They informed the village Gramarakhi, Sarat Naik (P.W. 2), who immediately after hearing such information rushed to th...
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