Orissa Court May 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dr. Shailendra Kumar Tomatia Vs. Republic of India
Court: Orissa
Decided on: May-16-2003
Reported in: 96(2003)CLT108; 2003(II)OLR83
A.S. Naidu, J.1. The petitioner has filed this Criminal Misc. Case invoking inherent jurisdiction of this Court to quash the order dated 10.10.2001 passed by the Special Judge, C.B.I., Bhubaneswar in T.R. No. 151 of 1999 declining to discharge him in the said case as also the order dated 16.1.2003 framing charge against the petitioner for alleged commission of offence under Section 13(1)(e) of the Prevention of Corruption Act.2. The case has a chequered career, inasmuch as the selfsame orders impugned in this case were challenged before this Court by the petitioner in a Writ Petition registered as OJC No. 14747 of 2001 under Articles 226 and 227 of the Constitution of India. The petitioner had also filed a Criminal Misc. Case before this Court under Section 482, Cr.P.C. registered as Cri.M.C. No. 10091 of 2001 for quashing of the very same orders which came up for admission first. Learned counsel for the petitioner sought permission of the Court to withdraw the said Criminal Misc. Case...
Executive Engineer, Nawarangpur Electrical Division Vs. Istapan Gonda ...
Court: Orissa
Decided on: May-16-2003
Reported in: I(2004)ACC678; 2005ACJ904; 96(2003)CLT173; 2003(II)OLR139
Pradip Mohanty, J. 1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated 6.5.1999 passed by the Commissioner for Workmen's Compentsation-cum-Joint Labour Commissioner, Jeypore, Koraput in W.C. Case No. 1 of 1998.2. The case of the claimant-respondent is that one Istapan Gonda (respondent) filed a claim case in Form-F under the Act for payment of compensation against the Executive Engineer, Mawarangpur Electrical Division (appellant) stating that he was working as a line man under the appellant. On 19.11.1993 while he was engaged in 33/11 KV line climbing on a ladder he fell down and sustained multiple fracture injuries. After the accident he was admitted in Nawarangpur Government Hospital and was treated as indoor patient till 13.2.1994. However, he was not cured till the filing of the case. Moreover, he was unable to. stand for half an hour due to the above injuries. For the above reasons, the claim petition could b...
Sridhar Pani Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-16-2003
Reported in: 2003CriLJ3952; 2003(II)OLR238
ORDERL. Mohapatra, J.1. This revision is directed against the order dated 5-4-2003 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 120 of 1992 rejecting the petition for compounding the offence.2. It appears from the record that opposite party No. 2 has filed the complaint alleging commission of offences under Sections 294, 323, 506, 379 of the Penal Code by the present petitioner. During the course of hearing of the complaint, a joint petition was filed for compounding the offences. The learned Magistrate in the impugned order observed that Sections 294 and 506 of the Penal Code are not compoundable and so far as Section 379 of the Penal Code is concerned, since the subject-matter of theft exceeds Rs. 250/-, the same is also not compound-able and accordingly in the impugned order the learned Magistrate compounded the offence under Section 323 of the Penal Code, but refused to compound in respect of rest of the offences i.e. Sections 294, 379 and 506 of the Penal Code.3. The ...
Rajkishore Singh and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-16-2003
Reported in: 2003(2)ALT(Cri)9; 2003CriLJ4160
L. Mohapatra, J.1. This application under Section 482, Cr.P.C. has been filed challenging the order, dated 3-10-1993 passed by the learned S.D.J.M., Jagatsinghpur in G.R. Case No. 497 of 1993 taking cognizance of offences under Sections 302/201/109/34 of the Penal Code.2. As it appears from the record an F.I.R. was lodged alleging therein that deceased Lingaraj Moharana was the eldest son of accused Banchhanidhi Moharana and elder brother of accused Kedarnath Moharana. He was brought up by his paternal uncle and got the properties of the paternal uncle. It is also alleged that the accused persons quarrelled with regard to the properties and assaulted the deceased. It is also alleged that once the above two accused persons tried to set fire to the wife of the deceased by pouring kerosene and because of the above reasons, she was compelled to leave the matrimonial house and resided with her parents at Manpur. On the date of occurrence when the deceased returned home after attending a din...
Anand Kumar Suraj Ratan Mohatta Vs. S.L. Agrawala and Co. and anr.
Court: Orissa
Decided on: May-16-2003
Reported in: 2003CriLJ4159
B.P. Das, J.1. This is an application under Section 482, Criminal Procedure Code for quashing the proceeding in I.C.C. No. 151 of 2001 pending in the Court of the S.D.J.M., Panposh, wherein cognizance of the offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act, has been taken and process has been issued against the petitioner.2. The case of the petitioner, is that he was the Managing Director of M/s. Mohatta and Heckel Ltd., a company registered under the Companies Act, 1956, having its registered office at Mustafa Building, Sir P. M. Road, Mumbai and engaged in the business of manufacturing/production of steel wire products at its works at Khopoli, Dist. Raigad (Maharashtra). It is further stated that opposite party No. 1 is a partnership firm and a sister concern of M/s. Utkal Steels Ltd. having its head office at Uditnagar, Rourkela Dist. Sundargarh and its Branch Office at 301, Janki Kutir, Juhu, Mumbai. Opposite party No. 2 is one of the par...
Oriental Insurance Co. Ltd. Vs. A. Sima Patra and anr.
Court: Orissa
Decided on: May-16-2003
Reported in: 2005ACJ1716
B.P. Das, J.1. This appeal is directed against an award dated 26.12.1995 passed by the Member, 2nd Motor Accidents Claims Tribunal (S.D.), Berhampur in M.A.C. No. 5 of 1993 (165 of 1992).2. The brief fact leading to this appeal is that on 27.12.1991 at about 9 a.m. while respondent No. 1 along with other coolies was traveling in the offending truck bearing No. ORL 299, it met with an accident, resulting in the death of three coolies and he sustained injuries on his person. The respondent No. 1-claimant was working as coolie in the aforesaid truck.3. The Tribunal framed as many as five issues and came to a finding that due to rash and negligent driving of the driver of the vehicle the accident occurred and the driver of the vehicle was having a valid driving licence as well as the vehicle was validly insured on the date of accident. The Claims Tribunal in the aforesaid M.A.C. had directed the payment of compensation of Rs. 21,600 which includes Rs. 2,500 towards mental agony, pain and s...
Uma Shankar Mishra Vs. State of Orissa
Court: Orissa
Decided on: May-16-2003
Reported in: 2003(II)OLR35
B.P. Das, J.1. The petitioner in this application Under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has prayed for quashing the order dated 31.3.2001 passed by the Sub-Divisional Judicial Magistrate, Sadar, Cuttack in G.R.Case No. 1464 of 1994 corresponding to Lalbag P.S.Case No. 217 of 1994 taking cognizance of the offences alleged to have been committed by the petitioner Under Sections 120-B and 420 of the Indian Penal Code ('I.P.C.' in short).2. Shorn of unnecessary details, the case of the petitioner, as disclosed in this application, is that the petitioner after serving under the State Govt. in various capacities retired on superannuation in the year 1995 and during the period from 24.7.1968 to 31.12.1969 he was posted as the Land Acquisition Officer, Cuttack. On 1.9.1994 the Addl. Land Acquisition Officer, Cuttack, lodged an F.I.R. with the Inspector-in-charge of Lalbag Police Station stating therein that for establishment of Aviation Research Center at Cha...
Gangadhar Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-14-2003
Reported in: 2003(II)OLR57
B. Panigrahi, J.1. In this writ petition the petitioner has challenged the legality, propriety and validity of the order passed by opp. party No. 2 dated 4th July, 1998 by which he found the appointment of opp. party No. 4 in the post of Clerk-cum-Typist as valid. Further he observed that the claim of the writ petitioner for the post of Clerk-cum-Typist is neither sustainable nor valid in eye of law.2. The petitioner was undisputedly appointed as a Clerk in Nabaghan College, Karanjadia within Bhadrak district with effect from 8.7.1986. It has been, inter alia, claimed that by the time petitioner was appointed as a Clerk, the yardstick was justifying his appointment. The opp. party No. 4 was appointed as a Clerk-cum-Typist about one year after i.e. on 5.8.1987. It has been, inter alia, claimed by the petitioner that the opp. party No. 4 has never worked nor discharged his duties either as a Clerk or Typist in the College. The College in question has in the mean time received grant-in-ai...
Divisional Manager, the New India Assurance Co. Ltd. Vs. Udayanath Sah ...
Court: Orissa
Decided on: May-14-2003
Reported in: 2003(II)OLR128
B. Panigrahi, J.1. This Letters Patent appeal is directed against the judgment passed by the learned Single Judge of this Court in Misc. Appeal No. 149 of 1998 dismissing the appeal filed by the Insurance Company on 9.3.2000.2. The respondent Nos. 1 to 6 as the legal heirs of the deceased Jagnyanarayan Samantara filed M.A.C, Case No. 505/ 96 (938/96) before the learned M.A.C.T., Berhampur for awarding compensation on account of the death of Jagnyanarayan Samantara. Respondent Nos. 1 and 2 are the parents whereas respondent Nos. 3 to 6 are the wife and children of the deceased. The M.A.C.T. on thorough scrutiny of the evidence placed before it. passed an award for Rs. 3,32,000/- along with interest at the rate of 9% from the date of application till payment i.e. 28.2.1996.3. The Insurance Company being aggrieved by the award passed by the Tribunal challenged it before the learned Single Judge of this Court in M.A. No. 149 of 1998 and the appeal did not yield any other result except affi...
Dr. Rabindra Kumar Panda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-14-2003
Reported in: 2003(II)OLR227
B. Panigrahi, J.1. All these writ petitions involved common question of facts and law. Therefore, they are heard together and disposed of by this common judgment.2. All the petitioners have passed M.B.B.S. Examination in the year 1999 from the S.C.B. Medical College and Hospital, Cuttack, V.S.S. Medical College and Hospital, Burla and M.K.C.G. Medical College and Hospital, Berhampur. They are eligible to be admitted in the Post Graduate Course and accordingly, pursuant to the prospectus issued by the Government of Orissa in Health and Family Welfare Department for admission into P.G. Medical Course, 2002 in all the three Medical Colleges of the State, they submitted necessary applications and were found eligible to face written test. The results of the written test have been published and the petitioners' names find place in the merit list of direct candidates. The merit list, which was published in the News Paper in the month of October, 2002 lias been filed as Annexure-1. After they ...
- ‹ Prev
- 2
- Next ›
- Last »