Orissa Court January 2003 Judgments
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The New India Assurance Co. Ltd. Vs. Mrs. Sujata Sendha and ors.
Court: Orissa
Decided on: Jan-10-2003
Reported in: 95(2003)CLT390
ORDERB.P. Das, J. 1. Heard Shri S. K. Swain, learned counsel for the appellant, and Shri P. C. Patnaik, learned counsel for respondent Nos. 2 and 3.2. This appeal at the instance of the insurer-New India Assurance Co. Ltd. is directed against the award dated 23.11.2000 passed in M.A.C.T. Misc. Case No. 3/99 by which the 4th Motor Accidents Claims Tribunal, Khurda, has awarded a sum of Rs. 2,97,500/-along with interest @ 12% per annum for the death of one Ashok Moharana, who died in a motor vehicular accident.3. It is alleged that on 31.12.1998 at about 5.30 p.m. while the deceased Ashok Moharana in order to go to Jankia market was standing on the left side morrum flank of N. H. No. 5 near Malaguni bridge, and a passenger bus bearing registration No. OR-02-G-6557 came from Tangi side towards Jankia being driven at a very high speed and in a rash and negligent manner and due to loss of control over the vehicle, the vehicle proceeded to the left extreme side of the road and dashed against...
Birat Chandra Dagara Vs. Steel Authority of India Limited Through Gene ...
Court: Orissa
Decided on: Jan-10-2003
Reported in: 2003(2)ARBLR276(Orissa); 95(2003)CLT396
ORDERP.K. Balasubramanyan, C.J. 1. The question arising for consideration in all these applications made under Sections 10 and 11 of the Arbitration and Conciliation Act, 1996 being the same, they are being disposed of together. The parties are also the same and the nature of the contracts between the parties is also the same.2. The petitioner had entered into an agreement for supply of iron ore to the Steel Authority of India. The iron ore was to be supplied by railway wagons. The value of the goods, of iron ore, had to be paid for, on the basis of the quantum of weight of the iron ore supplied. The contract provided that the weight taken in the destination stations would be the basis for determination of the value of the goods consigned under the relative railway receipts. The contract also provided that in case the wagons were not weighed by the railways and the actual weights were not indicated under the railway receipts, the wagons when received at Durgapur Steel Exchange Yard, wo...
Parikhit Baksi and ors. Vs. Ukis Singh Baksi and ors.
Court: Orissa
Decided on: Jan-10-2003
Reported in: AIR2004Ori29; 95(2003)CLT812
B. Panigrahi, J.1. The defendants have challenged the judgment and decree passed by the courts below in a suit for permanent injunction and alternatively for declaration of title and recovery of possession of the suit land. The plaintiff claimed to have purchased the suit land from out of his own earnings when it was sold in auction sale by the Boudh Ex-Darbar Government and since then he has been in cultivating possession and enjoyment of the same and paying rental thereof to the authorities. After merger, he used to pay the rent to the State Government. But however, those rent receipts were stolen by some unknown persons during his service period. The defendants having no right, title and interest over the suit land, created disturbance. Therefore, the plaintiff filed the suit for the aforesaid relief.2. The defendants claimed that the suit land belonged to the joint family, since it was purchased in the name of the plaintiff out of their joint family income. 3. The trial court relyi...
Brahmananda Rout Vs. State of Orissa
Court: Orissa
Decided on: Jan-10-2003
Reported in: 2002CriLJ1131; 2003(I)OLR207
L. Mohapatra, J. 1. The appellant having been convicted for commission of offence under Sections 18 and 20(b)(i) of the N.D.P.S Act and having been sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1,00,000/- in default to undergo further R.I. for two years for his conviction under Section 18 and further sentenced to imprisonment for three years and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for one month for his conviction under Section 20(b)(i) of the Act has preferred this appeal.2. The case of the prosecution is that on 27-6-1997 at about 1.00 a.m. the S.I. of Excise, PW 2 on receiving information about transportation of opium and ganja by the accused appellant from his village Narendrapur to Naganpur Hat, recorded the same in his Information Register and after consulting with the Deputy Commissioner of Excise, he left Cuttack along with his Inspector, PW 1 and one B.K. Mishra (his staff), A.P.R. Force and Executive Magistrate Gokul Chandra Jena and arr...
Christophar Oram and ors. Vs. Julias Oram and ors.
Court: Orissa
Decided on: Jan-09-2003
Reported in: 95(2003)CLT539
B. Panigrahi, J. 1. This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Sundargarh (now Civil Judge,Senior Division) in T.S. No. 34 of 1977 decreeing the plaintiffs suit for partition. 2. The plaintiff-respondents have, inter alia, pleaded that their predecessor in interest, namely, Sukra Oram, had acquired some lands before the Mukherjee Settlement. After the death of Sukra Oram there was an amicable settlement among his four sons namely, Pujar Oram (appellants branch) Bhamba Oram, Karma Oram and Chamar Oram (plaintiff-respondents branch). In the said partition Pujar Oram and Chamar Oram decided to live jointly whereas the other two brothers, namely, Bhamba Oram and Karma Oram decided to live in joint mess and property. The lands covered in Khata No. 48 were alleged to have been cultivated jointly by Pujar Oram and Chamar Oram but few years after due to financial strengency Chamar Oram went to Assansol and also to Assam for his livelihood. ...
Kunti Devi and ors. Vs. Urmila Chauhan Alias Sudha
Court: Orissa
Decided on: Jan-09-2003
Reported in: 2003(1)ALT(Cri)17; 2003CriLJ1356; 2003(I)OLR223
P.K. Mohanty, J. 1. In this application under Section 482, Cr. P.C. the petitioners challenge the order of the learned S.D.J.M., Panposh in ICC No. 2 of 1999 taking cognizance of the offences punishable under Section 498-A and 34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act and in issuing process against the petitioners.2. The short fact of the case is that on 24-11-1997, Opp. party No. 1, the present complainant lodged and FIR with Rourkela Mahila P.S. alleging therein that she had married one Rakesh Chauhan on 30-5-1993 and since after the marriage, her husband was reluctant to consummate the marriage and was making persistent demand of additional dowry of Rs. 5 lakhs and a purchased house at Bombay, even though she had carried sufficient dowry articles approximately worth Rs. 1 lakh 50 thousand at the time of her marriage. The in-laws i.e. father-in-law, mother-in-law and sister-in-law Pramila (who is staying at Bombay) have been prevailing on her husban...
Shyama Sundar Kabat Vs. State
Court: Orissa
Decided on: Jan-09-2003
Reported in: 2003CriLJ1354
ORDERL. Mohapatra, J.1. The appellant having been convicted for commission of offence Under Section 376 of the Penal Code and sentenced to R.I. for seven years and pay fine of Rs. 1,000/- has preferred this appeal against the judgment and order of conviction and sentence dated 4-7-94 passed by learned Assistant Sessions Judge, Jeypore.2. The prosecution case is that in the morning of 29th of March, 1993 at about 6.30 a.m. while the victim girl (P.W. 3) and her sister (P.W. 4) were going to the Village river for taking bath, the accused suddenly appeared and requested P.W. 3 for sexual favour. When P.W. 3 denied, she was dragged by the accused towards a bush where the accused laid her on the ground and committed rape on her. It is further alleged that the accused threatened the victim girl not to disclose the incident to anybody failing which she would be killed. It is also alleged that P.W. 4 sister of P.W. 3 (the victim girl) ran away from the spot towards her house. The victim girl a...
Sourindra Narayan Bhanja Deo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-09-2003
Reported in: 2003(I)OLR139
R.K. Patra, J.1. These two writ application under Articles 226 and 227 of the Constitution of India were heard together as they arise out of the common order dated the 8th October, 1993, passed by the Member, Board of Revenue, Cuttack, under the Orissa Land Reforms Act, 1970 (hereinafter referred to as 'the Act') in respect of the lands which the petitioners claim to have retained the same by orders of the Revenue Officer, Kanika, and also the revisional authority.2. The facts of the case are as follows :The disputed Lands stood recorded in the name of Late Sailendranarayan Bhanja Deo (Ceiling Holder, since dead). Orissa Land Reforms Case No. 47 of 1974 was initiated by the Revenue Officer, Kanika, against the said ceiling holder under Section 41 (2) of the Act on the allegation that the ceiling holder failed to submit return under Section 40 of the said Act. The proceeding was initiated on 20.5.74. On 12.2.1975 the Revenue Officer was satisfied that all the three sons of the ceiling-h...
Bijaya Das and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-09-2003
Reported in: 2003CriLJ1621
ORDERP.K. Mohanty, J.1. This is an application under Section 482, Cr. P.C. for quashing the order of the learned Judicial Magistrate First Class, (Rural), Cuttack taking cognizance under Sections 376/294/506/34, IPC and in issuing summons to the accused persons.2. The short fact of the prosecution case is that on 11-4-1975 at about 1-30 p.m., informant Latika Ojha (Opp. Party No. 2 herein) lodged a complaint alleging therein that on 10-4-1993 evening at about 6-30 p.m. she had been to the area near the pond to attend the call of nature and after attending the call of nature, while she was going towards the pond, accused-petitioner No. 1- Bijaya Das caught held of her, squeezed her breasts and laid her down on the ground, made her naked, torned the blouse and forcibly committed rape on her. When she tried to shout, she was gagged by the saree, but somehow she was able to throw her voice and at that point of time, Adhikari Antaryami Das reached the spot. Seeing him, accused Bijaya left h...
Suvendu Ku. Samanataray Vs. Utkal University and ors.
Court: Orissa
Decided on: Jan-09-2003
Reported in: 2003(I)OLR363
ORDER1. Heard counsel on all sides.2. In its order dated 6.4.2000, this Court observed :'2. It has been stated in the petition that unfair means are employed in mass scale in LL.B. examination conducted by the said University inasmuch as in the examination halls the examinees are allowed to take Allahabad Law Book series, Central Law Book series and other law books besides answer chits etc. and they use the same in the examination hall in presence of the invigilators. It further appears from the petition that the students whose attendance is virtually nil, they are allowed to appear in the examination. Further the complaint discloses that because of this, the students are looked down upon in the society as general stigma is attached that they are obtaining the Law Degree by employing unfair means in Law examinations.'This Court further observed :'5. It appears that in the State of Orissa law teaching is imparted in the five Universities, namely, Utkal University, Sambalpur University, ...
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