Orissa Court October 2006 Judgments
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Peju @ Hrudananda Behera Vs. State of Orissa
Court: Orissa
Decided on: Oct-18-2006
Reported in: 103(2007)CLT132
1. Heard argument from both the parties. The judgment is as follows.2. Karuna Behera is the deceased. He had a quarrel with the accused-Appellant in the matter relating to 'Dandanata' resulting in institution of a criminal case against the accused. Hara Behera, the foster father of the accused, wanted a settlement outside the Court and in presence of the accused and Pahali (P.W. 11) requested the deceased to withdraw the criminal case against the accused. That incident took place at about evening time in front of the house of Hara Behera. Deceased did not oblige to that request and made statement in furtherance thereof. At that, accused reacted sharply and threatened to do away with the deceased. Thereafter, deceased went to his thrashing floor. His wife (P.W. 6) brought food for his supper. Sitting by the side of a small fireplace, because of the cold climate, the deceased started taking food. P. W.6 also remained present at that spot. Pahali (P.W. 11) had his thrashing floor adjoinin...
State of Orissa Vs. Shyamdas Tudu
Court: Orissa
Decided on: Oct-18-2006
Reported in: 2007(I)OLR125
A.K. Parichha, J.1. This is an appeal by the State against the order of. acquittal of the respondent recorded by learned Asst. Sessions Judge, Keonjhar in ST Case No. 7/2 of 1989.2. Prosecution case is that on 16.09.1988 when the victim girl (P. W. 1) along with her sisters, grand-mother and neighbours was watching Biswakarma Puja at Keonjhar, the respondent asked her to accompany him to village Saras, which is situated at 3 K.Ms. away from Keonjhar town. The victim girl agreed to the proposal and started her journey to village-Saras with the respondent on his bicycle. On the way, the respondent forcibly took the victim girl to the school building situated at the outskirt of village Saras and committed sexual intercourse with her twice against her will. Hearing the cry of the victim girl, some villagers came to the school and saw the respondent fleeing away from the spot on a bicycle. The victim girl came to her house, narrated the incident to her family members and then lodged an F.I....
Bhanja Minerals Pvt. Ltd. Vs. Bihar Sponge Iron Ltd.
Court: Orissa
Decided on: Oct-13-2006
Reported in: 2006(II)OLR683
B.P. Das, J.1. Both these appeals being Arbitration Appeal Nos. 12 and 13 of the 2006 have been filed by M/s. Bhanja Minerals Pvt. Ltd. challenging separate orders dated 13.7.2006 passed by the District Judge, Cuttack, in Arbitration Petition No. 93 of 2006 and No. 92 of 2006 respectively. Both the appeals being inter-linked and common questions of facts and law being involved in the same, they were, with the consent of learned Counsel for the parties, heard together and are being disposed of by this common judgment.2. The appellant-M/s. Bhanja Minerals Pvt. Ltd. ('BMPL' in short), which is a company registered under the Companies Act,1956, holds lease of an iron ore mines known as 'Inganijharan Iron and Manganese Mines' in Keonjhar district granted by the Govt. of Orissa. On 21.2.2003, BMPL entered into an agreement/contract with M/s. Technicast Engineers Ltd., ('Technicast' hereinafter), which is also a company registered under the Companies Act, 1956 having its registered office in ...
Bhanja Minerals Pvt. Ltd. Vs. Bihar Sponge Iron Ltd. and Technicast En ...
Court: Orissa
Decided on: Oct-13-2006
Reported in: 2007(1)ARBLR116(Orissa); 102(2006)CLT657
B.P. Das, J.1. Both these appeals being Arbitration Appeal Nos. 12 and 13 of 2006 have been filed by M/s. Bhanja Minerals Pvt. Ltd. challenging separate orders dated 13.7.2006 passed by the District Judge, Cuttack, in Arbitration Petition No. 93 of 2006 and No. 92 of 2006 respectively. Both the appeals being inter-linked and common questions of facts and law being involved in the same, they were, with the consent of Learned Counsel for the parties, heard together and are being disposed of by this common judgment.2. The appellant-M/s. Bhanja Minerals Pvt. Ltd. ('BMPL' in short), which is a company registered under the Companies Act, 1956, holds lease of an iron ore mines known as 'Inganijharan Iron and Manganese Mines' in Keonjhar district granted by the Govt. of Orissa. On 21.2.2003, BMPL entered into an agreement/contract with M/s. Technicast Engineers Ltd., ('Technicast' hereinafter), which is also a company registered under the Companies Act, 1952 (sic.) having its registered office...
New India Assurance Co. Ltd. Vs. Kheku Gadayat and ors.
Court: Orissa
Decided on: Oct-13-2006
Reported in: 102(2006)CLT817
N. Prusty, J.1. Even though the matter is listed for admission/ hearing under Order XLI Rule 11 C.P.C., Learned Counsel for both the parties submit that the same can be disposed of at this stage, since the main ground of challenge in this appeal is with regard to quanturr of award, application of multiplier 13 for computation of the aware as well as liability of the Insurance Company for payment of the awarded amount indemnifying the owner of the vehicle even if the Driver of the vehicle was not having a valid Driving Licence - which is violative of the terms and conditions of policy.2. This appeal has been filed by the Insurance Company challenging the award-dated 05.01.2005 passed by the Learned Additional District Judge-cum- Motor Accident Claims Tribunal, Rourkela in MAC Case No. 199/98 (277 of 2000), which was filed by Respondent Nos. 1 and 2 for compensation of Rs. 2, 50, 000/- as their 22 years son, who was earning Rs. 3000/- per month as a labourer and by doing cultivation, die...
Special L.A. Officer, Junagarh Rail Link Project Vs. Prabhabati Majhi ...
Court: Orissa
Decided on: Oct-13-2006
Reported in: 102(2006)CLT858; 2006(II)OLR720
A.K. Parichha, J.1. This is an appeal under Section 54 of the Land Acquisition Act (in short, 'the Act') filed by the Special Land Acquisition Officer, Lanjigarh Road-Junagarh Rail link project, Bhawanipatna challenging the award dated 1.9.2001 passed by the learned Civil Judge (Senior Division), Bhawanipatna in M.J.C. No. 141 of 1997.2. On the basis of notification under Section 4 Sub-section (1) of the Act, 1.39 decimals of land in Holding No. 14 of Village-Sinangbhata in the district of Kalahandi belonging to the claimant-respondent Nos. 1 to 6 (in short 'claimants') was acquired for construction of Lanjigarh Road, Junagarh Rail Link Project, as. per Government Notification No. 36652 dated 17.4.1995 and declaration No. 40941 dated 16.09.1995. After conducting necessary inquiry the appellant awarded a compensation of Rs. 21,023.10 paise in favour of the claimants who received that amount under protest claiming higher compensation. On the prayer of the claimants the matter was referre...
Rudramohan Mohapatra Vs. L.i.C. of India and ors.
Court: Orissa
Decided on: Oct-13-2006
Reported in: 103(2007)CLT49; 2007(I)OLR57
M.M. Das, J.1. This second appeal has been preferred by the plaintiff in O.S. No. 151/95-1 filed before the Learned Civil Judge (Senior Division), Bhubaneswar. The said suit was filed by the plaintiff for decree declaring that the order passed by the defendant No. 1 being the Life Insurance Corporation of India, represented by its Senior Divisional Manager, rejecting the Leave Travel Concession bill submitted by the plaintiff, as illegal and invalid in law and for decree for permanent injunction against the defendants restraining them from deducting the advance amount drawn by the plaintiff for the journey undertaken by his family members, which was sought to be deducted from his salary and for other ancillary reliefs.2. The plaintiff's case in brief was that he was a Class-I Officer of the Life Insurance Corporation of India (in short 'the L.I.C.) and was entitled to Leave Travel Concession (in short 'L.T.C.') along with his family members as per the rules. He availed one such L.T.C. ...
In Re: Indian Metals and Ferro Alloys Ltd.;
Court: Orissa
Decided on: Oct-13-2006
Reported in: [2009]149CompCas362(Orissa)
M.M. Das, J.1. Copet Nos. 15 and 17 of 2006 are applications under Sections 391 to 394 of the Companies Act, 1956 (for short, 'the Act') seeking sanction of the scheme of amalgamation which has been annexed as annexure A to the petitions. The petitions have been supported by affidavits. Copet No. 15 of 2006 has been filed by the transferee company, namely, Indian Metals and Ferro Alloys Ltd. (for short, 'the IMFA'). Similarly, Copet No. 17 of 2006 has been filed by the Indian Charge Chrome Ltd. (for short, 'the ICCL') which is the transferor company.2. The case of the petitioners (both the transferor and transferee companies) is that the ICCL was incorporated on December 28, 1982, under the Act having its registered office at Bomikhal, Bhubaneswar with an authorised capital of Rs. 90 crores which was divided into nine crores equity shares of Rs. 10 each. Then issued and subscribed capital of the ICCL is Rs. 58,12,16,800 consisting of 5,81,21,680 equity shares of Rs. 10 each. The compan...
Damburu Majhi Vs. Tarini Charan Majhi
Court: Orissa
Decided on: Oct-09-2006
Reported in: 103(2007)CLT99
I.M. Quddusi, J.1. This writ petition has been preferred against the order dated 27.2.2003 passed by the Additional District Judge, Nabarangpur in Election Appeal No. 2 of 2003 dismissing the appeal and upholding the order of the Civil Judge (Junior Division), Nabarangpur dated 18.12.2002 passed in an election petition registered as MJC No. 9 of 2002 declaring the election of the petitioner as Sarpanch of Bamuni Grama Panchayat under Kosagumuda Block of Nabarangpur District as invalid abinitio.2. The brief facts of the case are that the opposite party-Tarini Charan Majhi filed an election petition before the Civil Judge (Junior Division), Nabarangpur challenging the election of the petitioner to the office of Sarpanch of Bamuni Grama Panchayat in the Panchayat election held in the year 2002, inter alia, on the ground that the petitioner on the date of filing of his nomination was not qualified under Section 11 of the Orissa Grama Panchayat Act as he was unable to read and write Oriya, ...
Smt. Basanta Kumari Dei Vs. Smt. Krushnapriya Devi and ors.
Court: Orissa
Decided on: Oct-09-2006
Reported in: 103(2007)CLT183; 2007(I)OLR89
M.M. Das, J.1. As both the writ petitions arise out of the same facts, they are heard together and are disposed of by this common judgment.2. In both the writ petitions, the order dated 20.9.2000 passed by the Additional District Magistrate, Bhubaneswar in O.E.A. Appeal Case No. 3 of 2000 and subsequent consequential orders have been challenged and in O.J.C. No. 3690 of 2002 in addition to the above relief, the petitioner has also prayed for quashing the order dated 31.5.1993 passed in Suo Motu Bebandobasta Case No. 47 of 1991 by the Additional Tahasildar, Bhubaneswar, out of which the aforesaid O.E.A. Appeal Case No. 3 of 2000 arose. The fact of the case reveals that there is long drawn litigations between the petitioner Smt. Basanta Kumari Dei and the opp.parties 1 and 2, namely, Smt. Krushna Priya Devi and Sri Jayananda Tripathy (in O.J.C. No. 3690 of 2002), which commenced from the year 1984. The case involves various disputed question of facts which is not required to be gone into...
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