Orissa Court July 2003 Judgments
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Narayan Bag Vs. State of Orissa
Court: Orissa
Decided on: Jul-31-2003
Reported in: 97(2004)CLT60; 2003(II)OLR357
L. Mohapatra, J. 1. This appeal is directed against the judgment and order passed by learned Additional Sessions Judge, Sambalpur convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.2. The case of the prosecution is that on 12.6,1993 in the afternoon at about 4 'O' clock the deceased was coming to his house for taking tiffin. At that point of time, the appellant was standing near his vehicle. Seeing the deceased the appellant demanded money due from him. To such demand, the deceased stated that he had no money to pay and there was a quarrel between both of them. It is the further case in the FIR that thereafter the deceased threw a stone aiming at the accused which hit the forehead of the accused. Thereafter, there was push and pull between the accused and the deceased and it is alleged that the accused suddenly brought out a knife from his vehicle and stabbed on the back of the left side shou...
Binod Kumar Patel Vs. P. Dillesswar Rao and ors.
Court: Orissa
Decided on: Jul-31-2003
Reported in: 2003(II)OLR241
L. Mohapatra, J.1. The petitioner in this application challenges the grant of lease in respect of sand quarry in favour of opposite party No. 1 by the opposite party No. 2 as well as the order passed by the appellant authority, opposite party No. 12. We have heard Shri S.C. Ghose. learned counsel for the petitioner and the learned Additional Government Advocate. None has appeared on behalf of opposite party No.l in spite of service of notice.3. Case of the petitioner is that on 12.9.2000 he had filed an application before the Sub-Collector, Jharsuguda for grant of lease of sand quarry covering an area of 89.98 acres of land and also offered to extract 10,000 Cubit meters of sand annually on payment of royalty at the prescribed rate of Rs. 5/- per CM. On 21.9.2000 the opposite party No. 1 filed an application for lease of sand quarry covering an area of 184.61 acres of land and offered to extract 3500/10500 CM. for three years on payment of requisite royalty. Grievance of the petitioner...
Ugam Nath Vs. State of Orissa
Court: Orissa
Decided on: Jul-25-2003
Reported in: 2004(I)OLR188
ORDER1. This matter was listed today under the heading 'To be mentioned'.2. This Criminal Revision was also referred to us along with Criminal Revision No. 129 of 2003 by the learned Single Judge on point as to whether the Magistrate in some cases can release any property seized for an offence under the Bihar and Orissa Excise Act, 1915 under Section 457 of the Code of Criminal Procedure, 1973. We have delivered a separate judgment today in Criminal Revision No. 129 of 2003 (Soubhagya Kumar Panda v. State of Orissa)* answering the aforesaid question of law.3. Paragraphs 6 and 7 of the said judgment delivered today in Criminal Revision No. 129 of 2003 are quoted herein below :'6. The relevant portions of Sections 66, 67, 68, 70 and 85 of the Act are quoted herein below :66. What things are liable to confiscation: - (1) Whenever an offence has been committed which is punishable under this Act, the intoxicant, materials, still, utensil, implement and apparatus in respect of or by means of...
Dasarathi Naik and Engineers Vs. Chief Engineer, Minor Irrigation and ...
Court: Orissa
Decided on: Jul-24-2003
Reported in: AIR2004Ori65; 96(2003)CLT215; 2003(II)OLR196
L. Mohapatra, J. 1. The petitioner is a super class Contractor and challenges the legality of the order in Annexure-2 issued by the Executive Engineer, M.I. Division Ganjam-I directing the petitioner to submit unconditional bank guarantee of Rs. 13,54,000/- towards performance security.2. Case of the petitioner is that pursuant to Tender Call Notice issued by the opposite party No. 3 for construction of Jhodabandha MIP the petitioner submitted it's tender. After opening of the tender it was found that the tender submitted by the petitioner had quoted the lowest rate. By letter dated 17.2.2003 the Executive Engineer, M.I, Division intimated the petitioner that its tender for the above work has been accepted and the petitioner was directed to furnish requisite documents and deposit security deposit of Rs. 54,143/-in shape of N.S.C./Time Deposit Pass Book duly pledged in favour of the Executive Engineer, M.I. Division, Ganjam-I as well as for signing the agreement. At the same time, in An...
State of Orissa Vs. Manoj Kumar Singh Alias Manoj Singh
Court: Orissa
Decided on: Jul-24-2003
Reported in: 96(2003)CLT446; 2003(II)OLR250
A.S. Naidu, J. 1. The cardinal question which needs determination is :'As to whether production of an accused in Court is sine qua non for releasing him on bail under Section 439 of the Code of Criminal Procedure.'2. Before answering the said question, it would be worthwhile to have a bird's eye view on the facts of the case.One Manoj Kumar Singh, a resident of Bihar, was alleged to have gunned down one Harbanslal Bedi, a railway contractor, on 27th of October, 1999 at about 9.30 a.m. An FIR to that effect was lodged by the son of deceased at Bandhamunda GRPS, Rourkela on the same day. On the basis of that, GRPS Case No. 33 of 1999 was registered under Sections 302/120-B/201/34 IPC read with Section 25 of the Arms Act. The case was subsequently converted to G.R. Case No. 1736 of 1999 in the Court of the S.D.J.M., Panposh, Rourkela. In course of investigation it was prima facie revealed that said accused Manoj was a professional killer who was usually engaged by different persons on hir...
Santosh Kumar Bhukta Vs. State of Orissa
Court: Orissa
Decided on: Jul-24-2003
Reported in: 2003(II)OLR298
Sujit Barman Roy, C.J.1. This appeal is directed against the judgment dated 7.8.1992 passed by the learned Sessions Judge, Phulbani in Sessions Case No. 4 of 1992 convicting the appellant Santosh Kumar Bhukta under Section 302, IPC and sentencing him thereunder to rigorous imprisonment for life.2. The prosecution story, in brief, is that P.W. 1 Pradeep Kumar Negi lodged a complaint at Subalaya Out Post alleging, inter alia, that on 12.7.1991 around 1 P.M. he came to learn that Budhia Bagh (since deceased) and P.W. 3 Ramesh Behera were working in Telibandha Ferry Ghat and they went to the other side of the river. At that time, P.W.3 Ramesh Behera was obstructed by the appellant and two others, and the appellant being armed with a Tangia was chasing the deceased Budhia Bagh. As a result of this, the whereabouts of Budhia Bagh was not known till then. It was therefore suspected that the life of Budhia Bagh was in danger. It was also stated in the said complaint that the appellant was a no...
The New India Assurance Co. Ltd. Vs. Mohan Kumar Sahoo and anr.
Court: Orissa
Decided on: Jul-23-2003
Reported in: 2003(II)OLR388
B.P. Das, J.1. This appeal' under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred; to as the 'Act') is at the instance of the insurer challenging the award passed by the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela (in short, 'the W.C. Commissioner).2. The question of law that arises for consideration in this appeal is whether the deceased being engaged for one day to drive the vehicle of the owner can be construed to be a workman under the Workmen's Compensation Act.3. The brief facts leading to this appeal are follows :Respondent No. 2 was the claimant before the Commissioner for Workmen's Compensation claiming compensation for the death of her husband namely Bisen alias Biswanath Mahanta, who died in a motor vehicular accident. The case of the claimant before the W.C. Commissioner was that her husband was employed as a driver by present respondent. No.l. Mohan Kumar Sahoo of Naranpur, in the district of Keonjhar. On 27.12....
Harihar SwaIn and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-22-2003
Reported in: 96(2003)CLT454
A.K. Patnaik, J. 1. The petitioners are inhabitants of Nimani Grama Panchayat and have filed this writ petition challenging the notification dated 28.5.2003 by which the headquarters of the Nimani Grama Panchayat has been located at Kalika Prasad.2. Mr. Mishra, learned counsel for the petitioners submitted that under Sub-section (3) of Section 4 of the Orissa Grama Panchayats Act, 1964 (for short, the 'Act') the office and headquarters of the Grama Sasan shall be situated within the limits of the Grama and unless otherwise ordered by the State Government in the village bearing the name of the Grama. Mr. Mishra argued that since the name of the Grama is Nimani, the office and headquarters of the Grama Sasan of Grama Nimani should have been situated in village Nimani and not in Kalika Prasad.3. On a reading of Sub-section (3) of Section 4 of the Act, however, it appears that the office and headquarters of the Grama Sasan are to be situated in the village bearing the name of the Grama 'un...
Divisional Manager, New India Assurance Co. Ltd. Vs. Ratan Thakur and ...
Court: Orissa
Decided on: Jul-22-2003
Reported in: III(2004)ACC114; 2005ACJ1876; 2003(II)OLR394
B.P. Das, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment passed by the Assistant Labour Commissioner-cum- Commissioner for Workmen's Compensation, Rourkela (in short. W.C. Commissioner') in W.C. Case No. 23 of 1996.2. The brief facts leading to this appeal are that Sona Sethi and Samadri Sethi, the wife and mother respectively of one Puranram Sethi of Orampada in Uditnagar (Rourkela) filed an application before the W.C. Commissioner, Rourkela. claiming compensation for the death of Puranram Sethi in an accident arising out of and in course of his employment on 16.3.1996, while working in the Mini Truck bearing registration No.OR- 14B/2635. It is stated by Sona Sethi that her husband, namely, Puranram Sethi was employed in the aforesaid truck by respondent No. 1-Ratan Thakur, and on 15.3.1996 Puranram Sethi left home at 7 A.M. for duty and did not return. On 16.3.1996 somebody informed her to go to Kalunga where she could know ...
Krushna Chandra Mahakul Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-21-2003
Reported in: 96(2003)CLT676; 2003(II)OLR306
A. K. Patnaik, J. 1. The case of the petitioner is that he is a landless person and he applied to the Tahasildar, Boudh for grant of lease of land for homestead purpose in Boudh town. The said application was registered as U.L.S. Case No. 3/69 and by order dated 24.12.1974 lease of the land measuring Ac. 0.06 decimals in Plot No. 55, Sabik Khata No. 1229 corresponding to Hal Plot No. 1495 and Hal Khata No. 1041 in Mouza Boudh town (Machhakhanda) District-Phulbani was granted in favour of the petitioner. The petitioner paid rent for the land and patta was issued in his favour. Settlement operation in the area was started in the year 1996 and Record of rights were published on 13.9.1996 and in the said record of rights, the aforesaid land was shown as Government land (Anabadi). In March 2002, the petitioner came to know about the fact that in the record of rights published under the Orissa Survey and Settlement Act, 1958, the aforesaid land has been shown as Government land (Anabadi). He...
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