Orissa Court September 2002 Judgments
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State of Orissa Vs. Pandu Laguri
Court: Orissa
Decided on: Sep-03-2002
Reported in: 94(2002)CLT789
B. Panigrahi, J. 1. In this Government Appeal, the State has challenged the legality, validity and propriety of the order of the learned Sessions Judge, Keonjhar, Camp at Champua in Sessions Trial Case No. 43 of 1984 whereby the respondent was acquitted of the charge under Section 302 of the Indian Penal Code for committing murder of his wife Menja Dei in the night of 5/6 May, 1984.2. The prosecution case as unravelled in course of trial is as follows :The deceased was undisputedly the wife of the respondent. In the night of occurrence, the respondent demanded food from his wife, but when Menja Dei expressed her reluctance in serving food and, rather, proceeded towards a bamboo clump situated in front of the house of P.W. 2, the respondent went near that place and assaulted her with an axe resulting in her instantaneous death. In the same night, the respondent was said to have proceeded to Champua Police Station with an axe and narrated the incident of having killed his wife with the a...
Gopal Krishna Patnaik Vs. State of Orissa
Court: Orissa
Decided on: Sep-03-2002
Reported in: 95(2003)CLT402
P.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 admission on consent of the parties and after hearing argument at length.3. Petitioner challenges correctness of the order passed by learned S.D.J.M., Gunupur on 18.11.2000 in G. R. Case No. 20 of 1991, by amending the charge from one under Section 408, IPC to the offence under Section 409, IPC against the petitioner, and learned Addl. Sessions Judge, Rayagada on the revision application of the petitioner has confirmed that order and dismissed Criminal Revision Petition No. 14 of 2000 on 22.12.2001.4. After hearing a lucid argument from Mr. Nanda, learned counsel for the petitioner and looking to the provision in Chapter-XV! I of the Code, this Court finds that petitioner is making a storm in a cup of tea in view of the provision in Section 215 of the Code which provides that no error or omission in stating either the offence or...
Divisional Manager, New India Assurance Co. Ltd. Vs. Pravati Kar and a ...
Court: Orissa
Decided on: Sep-03-2002
Reported in: 2002(II)OLR399
ORDERP. Ray, J.1. The present appeal has been filed by the Insurer. New India Assurance Company Ltd., against the impugned order dated April 29, 1999 passed by the Commissioner For Workmen's Compensation-cum-Labour Commissioner, Cuttack (in short, the 'Commissioner') in W.C. Case No. 424-D/97.2. By the impugned order, the Commissioner has awarded interest @ 12% per annum from the date of the accident till the date of deposit on the compensation as awarded by him.3. The main claim case was disposed of by the Commissioner by his judgment and award dated January 25. 1999. Against the said award, the Insurer filed Misc. Appeal No. 220 of 1999. The said Misc. Appeal was dismissed on August 29, 2001. During the pendency of the said Misc. Appeal, the claimant filed an application for awarding interest on the amount of compensation. Relying upon the decision of the Supreme Court in Ved Prakash Garg and Ors. v. Premi Devi and Ors., reported in 1998 (1) T.A.C. 215 (S.C.), the Commissioner awarde...
Subhransu Sekhar Samantray Vs. the State
Court: Orissa
Decided on: Sep-03-2002
Reported in: 2002CriLJ4463
ORDERP.K. Tripathi, J.1. Learned Standing Counsel states that he possesses the case diary. Heard both the parties and on their consent this application under Section 482, Code of Criminal Procedure, 1973 (in short 'the Code') stands disposed of at the stage of admission.2. Petitioner is the accused in T.R. Case No. 5/6 of 2002 arising out of G. R. Case No. 1106 of 2000. On 18-6-2002 learned Additional Sessions Judge, Khurda framed charge against the petitioner on Four Heads inter alia for the offence under Sections 493 and 417, Indian Penal Code (in short 'I.P.C.') which is objected to by the petitioner on the ground of lack of prima facie case for the said two offences.3. Learned Counsel for the petitioner argues that at the time of consented co-habitation between petitioner and the prosecutrix admittedly there was no marriage and for the purpose of co-habitation no deceitful means was used by the petitioner so as to make out a prima facie case for the offence under Section 493, I.P.C...
Tapan Kumar Dalai Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-02-2002
Reported in: 94(2002)CLT413
R.K. Patra, J. 1. By this writ petition the petitioner seeks quashing of the office order dated 11.4.1998 declaring him as 'deserter' under Sub-rule 31 (c) of C.R.P.F. Rules, 1977 (Annexure-7) as well as the disciplinary inquiry started on the basis of the memorandum dated 23.4.1998 (Annexure-8). He has also prayed for a direction to the opposite parties to accept the resignation submitted by him on 23.1.1998.2. The case of the petitioner is that he came to be appointed as a Pharmacist in the rank of A.S.I, and was posted as such at 37 Battalion, C.R.P.F. Howly, Barpeta (Assam), After serving for five years in the Force, he decided to resign from service andaccordingly submitted resignation on 14.10.1997 (Annexure-1) stating therein that it may be taken as a three months' notice for resignation and on completion of three months, the same may be accepted. On receipt of the resignation, the opposite party No. 2-Commandant asked the petitioner in letter dated 29.10.1997 (Annexure-2) to su...