Orissa Court October 2004 Judgments
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Tasoraj Mohamad and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Oct-11-2004
Reported in: I(2005)DMC522
A.K. Parichha, J.1. This is an application under Section 482 of the of Criminal Procedure for quashing the Order of cognizance passed by the learned J.M.F.C., Nimapara in G.R. Case No. 734 of 2002.2. Petitioner No. 1 and opposite party No. 2 were married on 12.1.2001 and after marriage, they lived in the joint family residence of petitioner No. 1. Some time after the marriage, opposite party No. 2 lodged an F.I.R. in Nimapara Police Station alleging that the petitioner tortured her both physically and mentally, did not give her minimum food and forcibly terminated her pregnancy. She also alleged that such ill-treatment and torture was inflicted because dowry demand of the petitioners was not fulfilled by her parents. Basing on this F.I.R. investigation was conducted and charge-sheet was submitted against all the petitioners for the offences under Sections 498-A, 313, 323/32, I.P.C. and Section 4 of the of the Dowry Prohibition Act. The petitioners have challenged the said Order of cogn...
Jagdish Rai Puri Vs. Epari Bhaskar Patra and ors.
Court: Orissa
Decided on: Oct-08-2004
Reported in: 99(2005)CLT54
A.K. Parichha, J.1. The petitioner has filed the present Writ Petition challenging the Order dated 23.5.2003 of the Government of Orissa in General Administration Department, wherein permission was refused for the second time for transfer of the lease-hold property by Sri Epari Bhaskar Patra-Opp. Party No. 1 to the petitioner.2. The facts leading the present writ petition can be summarily narrated as follows :Plot No. A/116 measuring 60' x 90' near Governor's house in Unit-Ill, Bhubaneswar was leased out by the Government of Orissa to one Col. B. K. Sharma in the year 1967 under lease deed dated 5.7.1967. Col. B. K. Sharma while in possession of the said property transferred the same to Opp. Party No. 1-Epari Bhaskar Patra for a consideration of Rs. 95,000/- on 17.7.1975 after obtaining due permission from the G.A. Department of the Government of Orissa vide order dated 28.5.1975. In the year 1979, Opp. Party No. 1 expressed his desire to transfer the case land to the petitioner and an...
Suryamani Nayak Vs. Orissa State Housing Board and ors.
Court: Orissa
Decided on: Oct-08-2004
Reported in: AIR2005Ori26; 98(2004)CLT737; 2005(1)CTLJ434(Ori)
A.K. Parichha, J.1. The petitioner has filed this Writ Application for a direction to the opposite parties to prepare the final bill relating to construction of HIG duplex house at Jagamara, Bhubaneswartaking into consideration the escalation in the wholesale price index including enhanced rate of minimum wages fixed by the Government and also to clear up his other ancillary pending dues.2. The petitioner, a special class contractor, had been allotted with contract for construction of 50 Nos. of HIG duplex houses at Jagamara, Bhubaneswar and agreement No. 18-F/2 of 1989-90 had been executed. According to the agreement, the work was to commence from 2.2.1990 and was to be completed by 1.2.1991. Since the work could not be completed within the stipulated time and the petitioner could not even achieve a substantial progress in the work, the contract was rescinded by the opposite parties vide letter No. 2011 dated 26.11.1991. Later, on the prayer of the petitioner, discussion was held and ...
Orissa Consumers' Association and Anr. Vs. Orissa Electricity Regulato ...
Court: Orissa
Decided on: Oct-08-2004
Reported in: AIR2005Ori11
A.K. Patnaik, J.1. The petitioner No. 1 is a Society registered under the Societies Registration Act, 1860 with the object of protecting the right, interest and welfare of consumers in the State of Orissa. The petitioner No. 2 is, a consumer of electricity. The Grid Corporation of Orissa Limited (for short, 'GRIDCO') has been procuring, transmitting and making bulk supply of electrical energy to four distribution companies, namely, Central Electricity Supply Company Limited (for short, 'CESCO'), Western Electricity Supply Company Limited (for short, WESCO), Northern Eastern Electricity Supply Company of Orissa Limited {for short, 'NESCO') and Southern Electricity Supply Company Limited (for short, 'SOUTHCO'), and the said four distribution companies have been carrying on the business of distribution and retail supply of electricity to the consumers in their respective areas in the State of Orissa. Under the Orissa Electricity Reforms Act, 1995 (for short, 'the 1995 Act'), the Orissa El...
Smt. Heeramani Munda Vs. the Collector and ors.
Court: Orissa
Decided on: Oct-07-2004
Reported in: 99(2005)CLT180
L. Mohapatra, J.1. Though this matter was listed for admission, on consent of the Learned Counsel for the parties, it was taken up for final disposal.2. The petitioner who is the Sarpanch of Budhikapudf Grama Panchayat has filed this Writ Application challenging the order in Annexure-3 passed by the Collector, Keonjhar removing her from the post of Sarpanch on the basis of resolution passed in a no-confidence motion.3. The case of the petitioner is that she was elected as Sarpanch of the aforesaid Grama Panchayat under Patna Block and after assuming office she has been sincerely working for development of the Grama Panchayat. On the basis of a requisition made by some of the members, a meeting was fixed for holding of no-confidence motion on 30.7.2004 and the petitioner was issued with a notice dated 15.7.2004 by the Sub-Collector, Keonjhar. It is alleged in the petition that on 30.7.2004 there was no discussion on the vote of no confidence against the petitioner, but the Presiding Off...
Executive Engineer, Electrical Division and anr. Vs. Para Hembram and ...
Court: Orissa
Decided on: Oct-06-2004
Reported in: I(2005)ACC279; 98(2004)CLT712; [2005(104)FLR283]
M.M. Das, J.1. This is an appeal under Section 30 of the Workman's Compensation Act, 1923 (hereinafter referred to as the 'Act') preferred by the employer against the judgment and award passed in WC Case No. 23 of 1999 by the Commissioner for Workmen's Compensation and Asst. Labour Commissioner, Balasore. The substantial question of law which has been raised in this case is whether the death of the deceased can be said to be 'arising out of and in course of his employment' as used in Section 3(1) of the Act.2. In order to appreciate the contentions of the rival parties, it would be necessary to briefly state the facts of the present case. One Madan Hembrum who was employed as a Line man under Opp. Party No. 1 being exposed to electric shock on 30.10.95 and carried to Jaleswarpur PHC for treatment, expired on 31.10.95. The respondents who are the wife and children of the said deceased-workman filed WC Case No. 23 of 1999 claiming compensation under the Act. On receiving notice the appel...
Sister @ Babu Singh Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-06-2004
Reported in: 98(2004)CLT803
A.K. Parichha, J.1. The petitioner has challenged the orders dated 16.4.2004, 17.4.2004 and 19.4.2004 passed by the Executive Magistrate Panposh in a proceeding under Section 110 of the Code of Criminal Procedure registered as Cri. Misc. Case No. 409 of 2004.2. Basing on a report of the Sub-Inspector of Police, Plantsite Police Station in Station Diary No. 544 dated 15.4.2004 the Executive Magistrate, Panposh initiated a proceeding under Section 110, Cr.P.C. against the petitioner and issued warrant against him. Pursuant to the said warrant, the petitioner was produced before the said Executive Magistrate, where he was asked to furnish a bond of Rs. 20,000/- with one solvent surety for his interim release from police custody. In compliance of the said order, the petitioner furnished the bond, but he was remanded to custody and the case was fixed to 18.4.2004 for enquiry. On 18.4.2004 the Executive Magistrate was not available and the enquiry was adjourned to 19.4.2004. Being aggrieved ...
Sri Padmanav Giri Goswami Vs. Commissioner of Endowments and ors.
Court: Orissa
Decided on: Oct-05-2004
Reported in: 99(2005)CLT117
R.N. Biswal, J.1. The case of the petitioner, as per his pleading is that there is no any Naga Math @ Radhakrushna Jew and Laxmi Narayan Jew in village Raitundi. in the record of rights of the year 1930 late Harekrishna Giri Goswami, his Guru was recorded as intermediary in respect of Ac.21.13 decs, of land appertaining to Sabik Khata No. 168 situated in village Raitundi. After vesting of the Estate in 1963 the homestead land of his Guru was only settled in his name since the former had already expired by then. In the, finally published record of rights under the provision of the Consolidation Act dated 24.4.1988 Ac.11.322 decs. Of land was recorded in the name of petitioner as per Annexure-1 in respect of which he has been paying rent. Opp. Party No. 2 and some local unemployed youths forming an unholy union demanded illegal 'Chanda' from time to time from the petitioner and when he refused to give the same, Opp. Party Nos. 2, 3, 6 and 7 filed Title Suit No. 26 of 1994 in the Court of...
Oriental Insurance Co. Ltd. Vs. Kalpalata Mohapatra and ors.
Court: Orissa
Decided on: Oct-05-2004
Reported in: I(2005)ACC430; 2006ACJ1171
A.S. Naidu, J.1. The award dated 30.8.2003 passed by the First Additional District Judge-cum-1st M.A.C.T., Cuttack in M.V. Misc. Case No. 569 of 2001 is assailed in this appeal by the insurer. On the basis of a petition filed by the widow and the minor child of late Durga Charan Poi, respondent Nos. 1 and 2, M.V. Misc. Case No. 569 of 2001 was initiated. It was averred in the petition that on 8.5.2001 at about 9.10 a.m., while proceeding on his scooter, at Naranpur Chhak under Jaipur P.S. the deceased was run over by a truck bearing registration No. OSU 7087. After the accident, he was removed to S.C.B. Medical College Hospital, Cuttack where he succumbed to the injuries. Durga Charan Poi, at the time of his death, was about 40 years old and he was serving as an officer in Canara Bank. His monthly salary was Rs. 18,000. It was averred in the claim petition that the deceased was contributing a sum of Rs. 17,000 towards family dependency/maintenance. After receiving notice, the owner as ...
The National Insurance Company Ltd. Vs. Korlamoti Khora and ors.
Court: Orissa
Decided on: Oct-01-2004
Reported in: 98(2004)CLT728
A.S. Naidu, J.1. The National Insurance Company Limited has preferred this Miscellaneous Appeal under Section 110-D of the Motor Vehicles Act, 1939 read with Section 173 of the said Act of 1988 being aggrieved by the judgment dated 18th July, 1991 passed by the 2nd Motor Accident Claims Tribunal (Southern Division), Camp-Jeypore in MJC32 of 1983.2. Admittedly a claim application was filed under Section 110- A of the MV Act, 1939 by the legal heirs of deceased Bitu Khora claiming a compensation of Rs. 75,000.00. It was stated that Bitu Khora was a passenger in a tractor bearing No. ORK 5481 belonging to present Respondent No. 5 and he succumbed to the injuries sustained by him on 6.6.1983 when the said tractor capcised.3. After receiving notice, the respondent-owner of the tractor appeared and denied all the allegations made by the claimants. It was averred by him that in spite of protest of the driver the deceased forcefully got into the trailer of the tractor and he was never a passen...
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