Orissa Court December 2007 Judgments
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Prahallad Budek Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-2007
Reported in: 2008(I)OLR243
M.M. Das, J.1. The appellant herein faced a trial for commission of offence under Sections 498A/304B/306/34 IPC read with Section 4 of the D.P. Act along with his mother, Smt. Radhika Budek (since acquitted) in S.C. Case No. 48-B of 2003.2. The appellants got married to the deceased Smt. Prabhasini Budek on 27.4.1996. An FIR was lodged by the father of the deceased-Meghanad Disri (P.W.1)on 13.10.2001 alleging therein that his daughter married the accused-appellant about five years back as per their custom and at the time of marriage, he gave certain articles to his daughter and they lived peacefully for some time. Thereafter, the accused started torturing his daughter mentally and physically and demanded dowry of Rs. 10,000/- and was assaulting his daughter. On complaint, a village meeting was held. When the matter stood thus, on 13.10.2001, getting information from one Ganeswar Sa, he went to the house of his daughter and found her lying dead.3. The prosecution examined as many as 16 ...
Jaganmaya Mishra Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-2007
Reported in: 2008(I)OLR249
M.M. Das, J.1. The order dated 31.1.2006 passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. No. 7 of 2006 where-under he has taken cognizance of offence under Section 13(2) read with Sections 13(1)(d)/7 of the Prevention of Corruption Act, 1988 (for short, 'the Act') against the petitioner and another, is impugned in this application under Section 482 Cr.P.C.2. An F.I.R. was lodged on 27.2.2005 by one Ramakanta Nayak, inter alia, alleging that after a Civil Suit bearing No. 897 of 1990 being decreed on 27.11.2004, the father of the informant filed a Mutation Case, being Mutation Case No. 1501 of 2005 on 14.2.2005. The Tahasildar, Balasore on receiving the application for mutation from the father of the informant, directed the Revenue Inspector-Narayan Chandra Behera to enquire and submit a report by 21.2.2005. The informant visited the Office of the Revenue Inspector and requested him to expedite the inquiry. The Revenue Inspector-Narayan Chandra Behera demanded an il...
Prasana Kumar Das Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-2007
Reported in: 2008(I)OLR341
ORDERM.M. Das, J.1. Heard learned Counsel for the petitioner and the learned Counsel for the State.This is an application filed under Section 439(1)(b) of the Code of Criminal Procedure for modification of the conditions imposed by the learned Addl. Sessions Judge, Rourkela while directing the petitioner to be released on bail in B.A. No. 548 of 2007.Learned Addl. Sessions Judge by order dated 9.10.2007 passed in the aforementioned bail application filed by the petitioner, directed that the accused-petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- with one solvent surety for the like amount to the satisfaction of the learned S.D.J.M., Partposh with a condition that during the period when the accused is on bail, he shall clear up the advance amount taken from various people and report the fact of such clearance to the I.O. concerned. The other conditions imposed by the learned Addl. Sessions Judge in the bail order is that the petitioner shall also report befo...
New India Assurance Co. Ltd. Vs. Kunika Ojha and ors.
Court: Orissa
Decided on: Dec-13-2007
Reported in: 105(2008)CLT418; 2008(I)OLR493
B.N. Mahapatra, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') filed by the Insurance Company challenging the award dated 14.10.2004 passed by the 1st Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal'), Mayurbhanj, Baripada in M.A.C.T. Misc. Case No. 172 of 2002.2. The facts of the case are that on 20.9.2002 at about 1.00 P.M. while the deceased was going by his cycle from Kachery Bazar of Bhadrak towards Charampa Bazar, one Chesis bearing Registration No. JH-05-A-3976/A/02 which was proceeding towards Patrapada from Tata side on N.H.5 at a high speed, dashed against the deceased near National Petrol Pump, Charampa Bazar, as a result of which, the deceased sustained grievous injuries on his body and died on the spot.3. The claimant-respondents who are widow, sons and daughter of the deceased filed a claim application before the Tribunal claiming compensation of Rs. 1,95,000/-The owner of the vehicl...
Sabyasachi Pradhan Vs. the New India Assurance Co. Ltd.
Court: Orissa
Decided on: Dec-11-2007
Reported in: 2008(I)OLR825
1. There is no dispute that the complainant's excavator met with an accident on 07.04.1998 during the subsistence of the, insurance policy. It was insured for Rupees 13,50,000/-. The surveyor appointed by the opposite party - Insurance company assessed the loss at rupees 3,62,404.02. After deducting Rupees 20,000/- towards salvage cost, a sum of Rupees 3,42,389/- was paid to the complainant on 24.02.1999. Contending that the acceptance of the said amount was not voluntary and he had to accept it due to the compelling circumstances, the complaint was filed on 30.04.1999.2. The complaint was not filed belatedly. We are inclined to accept the plea of the complainant that he received the amount of Rupees 3,42,389/- with objection though not openly.3. Counsel for the complainant submitted that although original bills showing purchase of accessories/parts for Rupees 6,83,649.79 paise, the surveyor however took into consideration only Rupees 4,00,078/- under the heading of 'assessed for parts...
Shyam Sundar Jhanwar and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2007
Reported in: 2008(I)OLR746
ORDER1. Heard Mr. Dhal, learned Counsel for the petitioners and the learned Counsel for the States.This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners.At the inception, learned Counsel for the State submits that as no F.I.R. has been lodged making any allegation against the present petitioners before the Balasore Town Police Station, Balasore, there cannot be any apprehension of arrest in the mind of the petitioners and this application for anticipatory bail cannot be maintained.2. Mr. Dhal, learned Counsel for the petitioners, on the contrary submits that Court would exercise its jurisdiction under Section 438 Cr.P.C., if it is found that the petitioners substantiate prima facie that they have a reason to believe that they may be arrested in connection with a non-bailable offence.In the instant case, the petitioners have alleged that petitioners Nos. 1 and 2 are parents of one Uma Shankar Jhanwar and the petitioner No. 3 is his brother an...
Kartika Roul Vs. State of Orissa
Court: Orissa
Decided on: Dec-07-2007
Reported in: 105(2008)CLT303; 2008(I)OLR15
ORDERS.C. Parija, J.1. Heard learned Counsel for the petitioner.2. This application under Section 482, Cr.P.C. has been filed by the petitioner assailing the order dated 26.02.1993 passed in G.R. Case No. 794 of 1992 by the S.D.J.M., Kendrapara, under which N.B.W. has been issued against him.3. Without going into the merits of the case, I direct that in the event the petitioner surrenders before the learned S.D.J.M., Kendrapara, and moves an application for bail within two weeks from today in the aforesaid G.R. case, he shall be released on bail on such terms and conditions as the learned S.D.J.M. may deem just and proper.The CRLMC is disposed of accordingly.Issue urgent certified copy as per rules....
Grid Corporation of Orissa Limited Vs. Madhya Pradesh Electricity Boar ...
Court: Orissa
Decided on: Dec-06-2007
Reported in: 2008(I)OLR159
ORDERN. Prusty, J. 1. The appellant, Grid Corporation of Orissa Ltd., presently known as Orissa Power Transmission Corporation Ltd. (in short OPTCL), the respondent in petition No. 10 of 2000 before the Central Electricity Regulatory Commission-(in short CERC), has filed this appeal challenging the order dated 23.10.2000, whereby it was directed that 'wheeling charges are payable by the petitioner (present respondent) to the respondent (present appellant) at the rate of 10 paise per K.W.H. with effect from 01.01.1998 as decided by the Central Electricity Authority (C.E.A.)' and this order was passed in consideration of the materials placed before the C.E.R.C. to the effect that the respondent (present appellant) had agreed to accept the wheeling charges determined by the C.E.A.. However, it was also made clear that this decision will not be applicable to the cases where the parties had themselves agreed on the price of wheeling charges payable. As it appears, this 10 paise towards whee...
United India Insurance Co. Ltd. Vs. Dhana Bhotra
Court: Orissa
Decided on: Dec-06-2007
Reported in: 2009ACJ1693; AIR2008Ori68; 105(2008)CLT475; 2008(I)OLR191
ORDERB.N. Mahapatra, J.1. This matter is listed today for orders but on the consent of the learned Counsel for both parties, the same is taken up for final disposal.2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'), filed by the Insurance Company challenging the award dated 30.6.2001 passed by the Addl.District Judge-cum-Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal'), Nabarangpur, in M.J.C. No. 49 of 2000/M.J.C. No. 73/1997 of D.J.-cum-M.A.C.T., mainly on the ground that the Insurance Policy issued by the appellant in respect of offending vehicle was a commercial vehicle meant for carriage of goods and that the appellant does not cover the risk of passengers carried in the vehicle but covers the risk of driver, helper and four labourers in the vehicle. The further ground of the appellant is that since the deceased was travelling as passenger in a private goods vehicle which is contrary to policy con...
Bikram Mahali Vs. State
Court: Orissa
Decided on: Dec-06-2007
Reported in: 2008(II)OLR23
1. Heard further and the judgment is as follows:2. The appellant challenges the order of conviction and sentence imposed against him by the Sessions Judge, Mayurbhanj in S.T. Case No. 55 of 1995.3. It appears on record that the appellant was charged under Sections 302/203 IPC on the allegation that on 24.10.1994 at about 7.00 P.M. he committed intentional murder of his wife and caused her death by strangulation and that gave false information to the police that his wife died due to taking of poison.4. According to the case of the prosecution, the accused is the husband and Hira Mahali (hereinafter referred as 'deceased') is his wife. After leading a happy conjugal life for long period with the accused, the deceased expressed her desire to stay with her sister's husband because he was more attractive. On the date of occurrence, when the deceased and the accused were returning home from the market, the deceased also expressed similar desire. They joined Ram Mahali, Raghunath Mahali and t...
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