Orissa Court April 2004 Judgments
United India Insurance Co. Ltd. Vs. Smt. Mujibun Nisa and ors.
Court: Orissa
Decided on: Apr-19-2004
Reported in: I(2005)ACC199; 98(2004)CLT62
M.M. Das, J.1. United India Insurance Co. Ltd. has preferred this appeal against the judgment and award dated 8.3.99 passed by the 4th Motor Accident Claims Tribunal, Puri in MACT Misc. Case No. 434/550 of 1993/1990 whereunder the Tribunal awarded a compensation of Rs. 1,18,000/-to the claimant-respondents 1 to 4 along with interest at the rate of 12% per annum from the date of the claim, i.e. 20.6.90 till realization.2. The gravamen of the submission of Mr. A. K. Mohanty, learned counsel appearing for the appellant is with regard to the validity of the driving licence of the driver Banshidhar Rout, who was driving the offending vehicle, i.e. Standard 20 vehicle bearing registration No. OAC 1271 at the time of accident. It is contended by Mr. Mohanty that though it was pleaded by the appellant-insurer that the driver of the offending vehicle did not possess an effective driving licence and thus there was violation of the policy conditions for which the insurer cannot be held liable to ...
Tag this Judgment!Orient Paper Mills, (an Unit of Orient Paper and Industries Ltd.) Repr ...
Court: Orissa
Decided on: Apr-19-2004
Reported in: 98(2004)CLT129; [2004(102)FLR543]; (2004)IILLJ1063Ori; 2004(I)OLR576
Sujit Barman Roy, C.J.1. By this application under Article 226 of the Constitution of India the petitioners seek to challenge Annexure-16 to the petition which is order dated 6.1.2003 passed by the Government of Orissa rejecting the prayer of the petitioners for making a reference for adjudication of the dispute by a Tribunal in terms of Section 25-O(5) of the industrial Disputes Act, 1947.2. Case of the petitioners, in brief, is that petitioner No. 1 -Orient Paper Mills is a unit of Orient Paper and Industries Limited situated at Brajrajnagar of Orissa. Orient Paper and Industries Limited is a company registered under the Companies Act. Petitioner No. 2 is the Vice President of Orient Paper Mills. Petitioner No. 1 - company made an application on 29.12.1998 before the Government of Orissa for closure of its industrial unit under the provisions of Section 25-O of the said Act. In the said application various grounds for such closure were stated. Upon hearing petitioner No. 1 - employer...
Tag this Judgment!Sri Rakan @ Rakesh Biswal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-19-2004
Reported in: 2004(I)OLR561
B.P. Das, J. 1. The petitioner, who is a detenu under the provisions of the National Security Act, 1980 (in short 'the Act'), has filed this writ application challenging the order of his detention dated 28.7.2003 passed by the District Magistrate, Cuttack, vide Annexure-1, as also the order of approval passed by the State Government, vide Annexure-7. It may be stated here that when the order of detention was passed, the petitioner was in jail custody in connection with Madhupatna P.S. Case Nos. 130 of 2003 and 296 of 2002. The petitioner was arrested in connection with the aforesaid cases on 27.6.2003. 2. The grounds on which the order of detention has been challenged, as stated in the writ petition, inter alia, are: (a) That there was no material before the detaining authority that the detenu was likely to be released on bail and in absence of such material, the detention of the petitioner under the Act is illegal and liable to be quashed; (b) That the details of the cases relied on ...
Tag this Judgment!Rabindra Gochhayat Vs. State of Orissa
Court: Orissa
Decided on: Apr-19-2004
Reported in: 2004(I)OLR565
Sujit Barman Roy, C.J. 1. This appeal at the instance of the appellant Rabindra Gochhayat is directed against the judgment dated 31.1.1994 passed by the Sessions Judge, Puri in Session Trial Case No. 184 of 1993 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer imprisonment for life. 2. Prosecution case, as it appears from the F.I.R. in brief is that on 23.3.1991 at about 2 P.M. Sri Ramanath Misra (P.W.7) being the officer-in-charge of Gop Police Station suo motu lodged an information that on 24.3.1991 one Sudam Gochhayat (P.W.2) submitted a written report that on 23.3.1991 at about 7 P.M. one Subash Gochhayat aged about 5 years was playing in the court-yard. At about 9. P.M. when the boy was searched for his meal, he was not traceable. On further search, Subash was found floating on the water of the pond situated near his house. When body of Subash was lifted from water, he was found dead. On the basis of his written report, U. D. Case No. 4 of ...
Tag this Judgment!Uttam Dharua Vs. State of Orissa
Court: Orissa
Decided on: Apr-19-2004
Reported in: 2004(I)OLR586
Sujit Barman Roy, C.J. 1. This appeal at the instance of the applicant Uttam Dharua is directed against the judgment dated 29.4.1994 passed by the Sessions Judge, Sundargarh in Sessions Trial Case No. 224 of 1993 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer R.I. for life. 2. Prosecution case in brief is that on 10.6.1993 at about 10 A.M. being accompanied by Murali Majhi (P.W.8), P.W.7 Dhanurjaya Majhi came to Kinijirkela Police Station and lodged an oral complaint stating, inter alia, that his younger brother Sibashankar Majhi was staying in the house of his uncle Jaladhar Majhi. About three months prior thereto, his younger brother Sibashankar Majhi told P.W.7 that in his dream, he was directed to perform puja of 'Lord Siva at Tal in the land of Suanjore Gountia. Accordingly, from that day, he was staying there after constructing a small temple and was performing puja of Lod Siva. Some days thereafter, the said Sibashankar Majhi asked Vuku...
Tag this Judgment!Pintu @ Sanjeev Chakrabarti Vs. State of Orissa
Court: Orissa
Decided on: Apr-16-2004
Reported in: 2004(I)OLR558
L. Mohapatra, J. 1. This application under Section 439(1)(b) Cr.P.C. has been filed for modification of condition imposed by the learned Second Additional Sessions Judge, Bhubaneswar in his order dated 29.1.2004 while granting bail to the petitioner. 2. From the impugned order it appears that the petitioner was charge sheeted for committing offences under Section 394 of the Penal Code and Section 25 of the Arms Act. He filed an application for bail before the learned Second Additional Sessions Judge, Bhubaneswar and on consideration of the materials available in the case diary, the learned Second Additional Sessions Judge directed that the petitioner be released on bail on furnishing cash security of Rs. 5.000/- and executing a bond of Rs. 20,000/- with two sureties each for the like amount to the satisfaction of the learned Second Additional Sessions Judge with the further condition that the petitioner shall not indulge in any criminal activity and attend the Court on each date the ca...
Tag this Judgment!Adhunik Steel Limited and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-16-2004
Reported in: 2004(I)OLR571
L. Mohapatra, J. 1. This revision is directed against the order dated 8.3.2004 passed by the learned Sub-Divisional Magistrate, Bonai in a proceeding under Section 144 of the Code of Criminal Procedure vide Misc.Criminal Case No. 3 of 2004. 2. Before considering the legality of the impugned order, it is necessary to look into the facts leading to filing of cases in different Courts in West Bengal as well as in Orissa. The Government of Orissa granted a lease of mining land at Patmunda, Orahri, Tentulldihl, Kusumdihi, Sonpatholi and Bhanajaikusum in the district of Sundargarh in favour of the opposite party. The opposite party-Orissa Manganese and Minerals Pvt. Limited entered into an agreement with the petitioner-Adhunik Steels Limited to carry out mining operation in the aforesaid mines and excavate/extract/remove manganese ores for and on behalf of the opposite party and to deliver the same to it or its customers for a period of 10 years with effect from May 18, 2003 with an option t...
Tag this Judgment!Kameya Gachha Vs. State of Orissa
Court: Orissa
Decided on: Apr-12-2004
Reported in: 2004(I)OLR638
P.K. Mohanty, J. 1. None appears for the revision petitioner inspite of repeated calls. It appears from the order sheet of the Revision Petition that on earlier occasion when the matter was listed on 25.11.2002 and 23.3.2004, none had appeared for the petitioner even though the learned Addl. Public Prosecutor for the State was present. The learned Addl. Public Prosecutor for the State is present. This is a Revision of the year 1996 and the occurrence is of the year 1993 and in such circumstances, the matter is taken up on merits.2. The learned Addl. Public Prosecutor submits that this is a Revision against the confirming judgment of the learned Sessions Judge, Koraput upholding the conviction and sentence passed under Section 307 I.P.C., and sentencing the petitioner to undergo R.I. for three years. It is submitted that since the Revision is against the findings of facts recorded by the Courts below, the scope of this Revision is limited to examine the glaring defects and illegality in...
Tag this Judgment!Punia Sethi Vs. State
Court: Orissa
Decided on: Apr-12-2004
Reported in: 2004(I)OLR663
P.K. Mohanty, J.1. This revision is directed against the judgment of the learned 1st Addl. Sessions Judge, Berhampur in Criminal Appeal No. 64 of 1995 (Crl. Appeal No. 20/95 GDC) confirming the order of conviction and sentence under Section 307, I.P.C. passed by the learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Berhampur.2. The prosecution case in short is that on 17.4.1992 at about 11.15 P.M., the informant Balabhadra Brahma, a police constable attached to Gosani Nuagaon Out Post while was proceeding to Dilli Chhok along with another constable Sarat Chandra Mohapatra, the accused-petitioner suddenly appeared before them and asked as to why accused Gola Parsu was arrested by them. The informant having replied that said Gola Parsu was arrested in connection with some case, the petitioner brought one sword and dealt a blow aiming at the head of the informant. However, the blow cut the left side ear and another blow came in contact with his left leg, for which the informant ...
Tag this Judgment!Bilkesh Parveen Vs. Governing Body, Tangi Mahavidyalaya Represented by ...
Court: Orissa
Decided on: Apr-09-2004
Reported in: 97(2004)CLT782
A.K. Patnaik, J.1. The petitioner has been working as a Lecturer in English in Tangi Mahavidyalaya since 1991. The Principal of the said Mahavidyalaya Sri Saroj Kumar Tripathy (hereinafter referred to as 'the Principal') issued a letter dated 26.12.2000 to the petitioner alleging, inter alia, that the petitioner has not been staying in the college for the minimum period of 6 hours a day and she has failed to take classes when Professor B. Sarangi went on leave and that there have been complaints from some students that the petitioner has been misbehaving with them in the class. In the said letter dated 26.12.2000, the Principal also stated that the petitioner has not secured the requisite percentage of marks in the M. A. Examination and the petitioner has not tried to improve her marks and that the workload of the English Department does not permit a second lecturer and unless she mends her ways and functions as per the rules, necessary action as deemed fit would be initiated against h...
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