Orissa Court July 2005 Judgments
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Sapan Kumar Nayak Vs. State of Orissa
Court: Orissa
Decided on: Jul-01-2005
Reported in: 2005(II)OLR327
R.N. Biswal, J. 1. This revision has been preferred against the order dated 11.4.2005 passed by the S.D.J.M., Sundargarh in G.R.Case No. 123 of 2005 wherein he rejected the petition filed under Section 457 Cr.P.C. by the petitioner holding that he lacked jurisdiction to release the Truck (Dumper) bearing Registration No. OR 16-6816 in his interim custody.2. A nub of the fact leading to filing of this revision as per the prosecution case is that on 10.3.2004 while O.I.C. of Hemgiri P.S. alongwith his staff was engaged in patrolling duty, getting reliable information that coal was being transported in a truck from Tetelgadi Jungle they proceeded to that site and found the aforesaid truck being loaded with coal illegally parked inside the jungle near coal mine area. The O.I.C. seized the coal alongwith the truck and registered a case for the offence under Sections 379 IPC read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act (herein...
Mahammad Sarwar Vs. Jaibun Nissa Bibi and ors.
Court: Orissa
Decided on: Jul-01-2005
Reported in: 100(2005)CLT443
L. Mohapatra, J.1. The petitioner is the defendant in T.S. No. 18 of 1993 pending in the Court of Learned Civil Judge (Junior Division), 1st Court, Cuttack. His application dated 23.2.1998 filed for admitting certain documents having been rejected by the Trial Court by order dated 24.2.1998 and revision carried by him before the Learned District Judge, Cuttack having been dismissed on 23.3.1999 he has preferred this Writ application challenging the aforesaid orders.2. Case of the plaintiffs-opposite parties is that they are the owner of the suit property and the defendant-petitioner is a tenant under them. The suit has been filed for eviction of the defendant-petitioner on the ground of default in payment of rent. In the written statement the defendant-petitioner has taken a stand that his mother acquired Darpattadari Patta is respect of the suit land and disputed ownership of the plaintiffs, the basic question that requires to be decided is whether the defendant-petitioner is a tenant...
National Insurance Company Ltd., Divisional Manager Vs. Smt. Panchei B ...
Court: Orissa
Decided on: Jul-01-2005
Reported in: II(2006)ACC507; 101(2006)CLT49
L. Mohapatra, J.1. The Insurer has filed this appeal challenging the judgment and award dated 27th September, 2002 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 884 of 1993 directing payment of Rs. 86,400/- with 9% interest per annum as compensation.2. The claimants are the legal heirs of the deceased Biswanath Bai. The case of the claimants is that on 25.8.1993 at about 10 A.M. the deceased was proceeding towards Chhatia from Tangi in his bicycle on National Highway No. 5. While travelling on the National High Way on the left side of the road, the offending vehicle, a trekker, bearing registration number OR-04-5994 coming from Cuttack side at a high speed and being driven in rash and negligent manner dashed against the deceased from his back as a result of which the deceased fell down and died at the spot. After causing the accident, the driver of the offending vehicle tried to escape but was detained by the people assembled at the spot and was subsequ...
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