Orissa Court April 2003 Judgments
Oriental Insurance Co. Ltd. Vs. Akadasi Das and anr.
Court: Orissa
Decided on: Apr-30-2003
Reported in: 96(2003)CLT126
B. Panigrahi, J.1. These two appeals arise out of a common order in M. A. No. 91.1 and 912 of 1997 arising out of a W.C. Case No. 403-D/93 filed by the father of deceased Rajkishore Das and W.C. Case No. 54-D/ 93 filed by the father of deceased Umakanta Sethi respectively and this judgment will govern both the cases.2. It is claimed by the claimants that the two deceased persons were going in a Truck bearing Registration No. OR-04-4515 as Helper and Coolie respectively on 18.1.1993 from Marsaghai to Chandikhole. On the way the Truck collided against a Mini Truck as a result of which the two deceased persons sustained severe injuries and died subsequently. Since the two deceased persons sustained injuries in an accident in course of their employment and subsequently succumbed to the injuries, the claimants filed claim applications before the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack.3. The appellant Insurance Company filed a written statement before...
Tag this Judgment!Shaikh Farid and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-30-2003
Reported in: 96(2003)CLT179; 2003(II)OLR45
B. Panigrahi, J.1. The petitioners in this writ petition have challenged the alleged illegal and arbitrary action of the opp. party No. 3 (Inspector of Schools) in not approving their services who were appointed by the Headmaster-cum-Secretary (Opp. party No. 4) against trained Matric posts.2. Petitioner No. 1 had requisite qualification to be appointed against a trained Matric Post as he was only a graduate at the time of appointment. Petitioner No. 2 had of course possessed requisite qualification for being appointed against a trained Matric post.3. Petitioner No. 1 was appointed by the Secretary of the School on 19.12.1990 against the post of Matric C.T. Teacher which was subsequently ratified by the Managing Committee on 25.1.1991. Similarly, petitioner No. 2 was also appointed on the same date and their appointment was also ratified by the Managing Committee on 25.1.1991. Even though the Managing Committee made correspondences on several occasions with the opp. party No. 3, Inspec...
Tag this Judgment!Jadunath Nayak Vs. the Sub-collector and ors.
Court: Orissa
Decided on: Apr-25-2003
Reported in: 96(2003)CLT605; 2003CriLJ4666
L. Mohapatra, J.1. This application under Section 482 of the Code of Criminal Procedure is directed against the order dated 20.8.2001 passed by the S.D.M. Bhadrak in Crl. Misc. Case No. 5 of 1997 under Section 133 of the Cr.P.C. confirmed in Criminal Revision No. 61 of 2001 filed before the learned Additional Sessions Judge, Bhadrak.2. From the records it appears that a proceeding was initiated on 2.12.1997 basing on the petition of the opposite parties 2 to 5 who were first party members on the allegation that they have no other way except the case land to go to the temple 'Maa Mangala Grama Debati' which is situated to the north-eastern side of the first party's residence. It was further contended before the learned S.D.M. that the case land was part of the public pathway in the revision settlement but in the C. S. Map it has been wrongly amalgamated with the homestead land of petition of 2nd party member 1 and 3 and their elder brother Bhima Das the second party members started cons...
Tag this Judgment!Minati Das and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2003
Reported in: 2003CriLJ3627
ORDERL. Mohapatra, J.1. The petitioners, who are Directors of Maa Tara Rice Industries Private Limited, a company incorporated under the provisions of the Companies Act, in this application under Section 482, Cr.P.C. have . challenged the initiation of the Criminal Procedure in T.R. Case No. 18 of 2001 in the Court of the learned Chief Judicial Magistrate (Judge, Special Court), Sambalpur for commission of offences under Sections 7 and 9 of the Essential Commodities Act, 1955 for violation of the Provisions of Orissa Rice and Paddy Control Order, 1965, Orissa Rice and Paddy/Procurement (Levy) and Restrictions on Sale and Movement Order, 1982 and Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973.2. The case of the petitioners is that one M/s. Jagannath Rice Mill of Durgapalli in the district of Sambalpur had been financed by the Orissa State Financial Corporation and the same was taken over by the Corporation for non-payment of the dues. Maa Tara Rice Industri...
Tag this Judgment!Manabinda Sarkar Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2003
Reported in: 2003CriLJ3404
L. Mohapatra, J.1. This application under Section 482, Cr. P. C. has been filed for quashing the proceeding in G. R. Case No. 393 of 2001 pending in the Court of learned S.D.J.M., Jeypore.2. From the record it appears that the aforesaid G. R. case has been registered for commission of offence under Sections 489(B)/489(C)/34 of the Penal Code against the petitioner and some other accused persons. The case was registered on the basis of an F.I.R. lodged by one Santanu Kumar Sahoo on 12-7-2001 before the O. I. C., Town Police Station, Jeypore. Allegations made in the F.I.R. Is that on 12-7-2001 at about 1.30 p.m. when the informant arrived at his petrol pump one Tankadhar Bisoi who works there showed him a five hundred note and requested him whether the same is genuine or fake note. On being questioned Tankadhar Bisoi informed that he got the note from two boys standing at a distance. Thinking the note to be genuine the informant asked the boys as to where from they got the note and the b...
Tag this Judgment!Nalinikanta Muduli Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2003
Reported in: 2003(II)OLR1
L. Mohapatra, J.1. Criminal Misc. Case No. 306 of 2003 has been filed :(a) To quash the charge-sheet filed by the Investigating Officer (Vigilance Cell), Bhubaneswar in V.G.R. Case No. 17 of 2001 pending in the Court of Special C.J.M. (Vigilance), Bhubaneswar;(b) To quash the order taking cognizance dated 9.12.2002 wherein learned Special C.J.M. (Vigilance), Bhubaneswar has taken cognizance of offence under Sections 468/471/420 of the Penal Code.Criminal Misc. Case No. 149 of 2003 has been filed challenging the order dated 18.1.2003- passed by the learned Special C.J.M. (Vigilance). Bhubaneswar rejecting the petition filed by the petition under Section 205, of the Cr.P.C. to dispense with his personal attendance in Court.Criminal Misc. Case No. 141 of 2003 has been filed challenging the order dated 18.1.2003 passed by the Special C.J.M. (Vigilance), Bhubaneswar in the aforesaid V.G.R. Case rejecting the prayer of the petitioner to recall the order dated 2 1.12.2002 wherein non-bailable...
Tag this Judgment!Prashanta Kumar Das Vs. State of Orissa and 3 ors.
Court: Orissa
Decided on: Apr-25-2003
Reported in: 2003(I)OLR573
ORDER1. Misc. Case No. 689 of 2003 is at the instance of the writ petitioner who seeks variance/modification of paragraph 2 of a common order dated 7.3.2003 passed by a Bench of this Court (in which one of us, B. P. Das, J. was a member) in O.J.C. Nos. 9456, 13305, 12461 of 1999 and 13255 of 2001, Criminal Misc. Case Nos. 8479 and 8555 of 2001 and Criminal Revision No. 593 of 2001. Misc. Case No. 690 of 2003 has been filed for stay of operation of the above order. The C.B.I. has filed its counter.2. We have heard Shri Panda for the petitioner and Shri Padhi for the C.B.I. He has produced before us the case diary and the copies of the status of reports.3. At the outset, we may extract paragraph-2 of the order dated 7.3.2003 which is being sought to be modified/varied.'Pursuant to the orders thus issued, the C.B.I. which took up the investigation had been filing status reports before this Court. Regarding the particular incident that triggered the investigation, C.B.I. has stated that it...
Tag this Judgment!Shyam Sundar Sahoo and ors. Vs. Bibhu Prasad Sahoo
Court: Orissa
Decided on: Apr-25-2003
Reported in: 2003(II)OLR24
L. Mohapatra, J.1. This application under Section 482. Cr. P.C. is directed against the order dated 18.4.2002 passed by the learned S.D.J.M., Kendrapara in I.C.C. No. 130 of 2001 taking cognizance of the offences under Sections 294, 323, 341, 384, 394, 506 read with Section 34 of the Penal Code.2. From the impugned order it appears that after presentation of the complaint before the Court, initial statement of the complainant. was recorded and the learned Magistrate proceeded with the inquiry under Section 202, Cr.P.C. and on the basis of initial statement of the complainant and the statements recorded during inquiry under Section 202, Cr.P.C. cognizance of the offences was taken.3. Shri Sahoo, the learned counsel appearing for the petitioners challenged the procedure adopted by the learned Magistrate stating that on receipt of a complaint, the learned Magistrate may initially adopt one of the two courses available to him. The learned Magistrate may send the complaint for investigation...
Tag this Judgment!Divisional Manager, National Insurance Company Ltd. Vs. Pramila Kar an ...
Court: Orissa
Decided on: Apr-24-2003
Reported in: 2005ACJ8; 95(2003)CLT695; 2003(I)OLR610
B.P. Das, J.1. The National Insurance Company Limited has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (in short 'the Act') challenging the judgment passed by the 1 s.t. Addl. District Judge-cum-1st. Motor Accidents Claims Tribunal, Cuttack, in M.V. Misc. Case No. 1040 of 1996 awarding a sum of Rs. 2,84,180/-as compensation for the death of one Pradyumna Kar in a motor vehicular accident and saddling the liability of payment of compensation on the insurer of the vehicle, i.e., the present appellant.2. Respondent Nos. 1 to 5, who are the parents, minor brother and sisters of the deceased-Pradyumnya Kar, filed an application under Section 166 of the Act before the Tribunal claiming a compensation of Rs. 5,00,000/- for the death of the deceased in a motor vehicular accident, which occurred in the forenoon of 12.10.1996 near Krushnadaspur Chhak, when a truck bearing registration number MP-23-DA-1282 came in a high speed being driven in a rash and negligent man...
Tag this Judgment!Madhusudan Dalabehera Vs. State of Orissa
Court: Orissa
Decided on: Apr-24-2003
Reported in: 95(2003)CLT745; 2003(I)OLR608
ORDERP.K. Tripathy, J.1. Heard.2. Petitioner has prayed for bail under Section 439, Cr.P.C. in S. T. Case No. 10/149 of 2003 of the Court of Add 1. Sessions Judge, Nayagarh arising out of G. R. Case No. 74 of 2002 of the Court of S.D.J.M., Nayagarh.3. Petitioner's earlier bail application under Section 439, Cr.P.C was rejected by this Court as per composite order passed on 12.12.2002 in BLAPL Nos. 1964 & 2178 of 2002. At that time, prayer of some other co-accused persons was allowed because the allegation against them stands at a different footing. In that order when the petitioner's prayer for bail was rejected learned counsel for the petitioner requested that an observation may be made that petitioner shall move for bail afresh in the trial Court after commitment of the case. Therefore, this Court made such an observation with the further observation to consider such application in accordance with law and on its own merit. After commitment of the case petitioner moved for bail in the...
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