Orissa Court April 2007 Judgments
State of Orissa Vs. Daman Mahanta
Court: Orissa
Decided on: Apr-30-2007
Reported in: 2007CriLJ3304; 2007(1)OLR781
R.N. Biswal, J.1. In this appeal the State of Orissa has called in question the judgment dated 11.09.1992 passed by the Asst. Sessions Judge, Mayurbhanj, Baripada in S.T. No. 11 /81 of 1992 acquitting the accused-Respondent of the charge under Section 376 of IPC.2. Shorn of unnecessary details the prosecution case is that on 22.09.1991 while the victim and the mother of the accused-Respondent were tending their respective cattle in the jungle, the accused-Respondent came there at about 2.30 P.M., asked his mother to return home and he himself tended the cattle. In course of grazing, the cattle entered inside the dense forest and accordingly the accused-Respondent and the victim followed them. It is alleged that when the victim was standing in the dense forest the accused-Respondent undraping her, laid her down on a muddy surface, and then committed sexual intercourse on her for 5 to 10 minutes against her will and without her consent. On returning home, with muddy clothes, the victim n...
Tag this Judgment!State Public Interest Protection Council Vs. Union of India (Uoi) and ...
Court: Orissa
Decided on: Apr-27-2007
Reported in: AIR2007Ori159; 2007(I)OLR719
I.M. Quddusi, J.1. The petitioner, a voluntary organization, has filed the instant writ petition in the form of Public Interest Litigation inter alia alleging that the Government of India in the Ministry of Human Resources Development had taken a policy decision deciding to establish highly technical institutions at Bhubaneswar, Pune, Allahabad and Chennai in the pattern of 'Indian Institute of Science at Bangalore' for the purpose of promotion of high skilled Scientific Education and Research. The said decision was communicated to the Government of Orissa by the University Grants Commission in which it was mentioned that it was decided that the entire cost and expenses for establishment of the said highly technical education and research centre would be met by the Government of India and the Institution would mainly meet the demands and necessity of the Eastern region. The State of Orissa also shall earmark a patch of land near Vani Vihar at Bhubaneswar for that purpose. It is also al...
Tag this Judgment!Parsuram Dhal Vs. State
Court: Orissa
Decided on: Apr-27-2007
Reported in: 2007(II)OLR146
A.S. Naidu, J.1. The judgment and order dated 5th August, 1987 passed by the Sessions Judge, Balasore in S.T. No. 52 of 1987 convicting the appellant of the charge under Section 304 Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years is assailed in this appeal.2. Bereft of unnecessary details, the facts of the case are that there was prior dispute among the informant family and the family of the appellant over demarcation of the boundary among their adjoining homestead lands and raising offence. On 22.11.1986 morning deceased Bairagi had called P.W. 2 Bansidhar Dandapat the head of village of the parties who discussed with the family members of deceased and appellant at an open space in front of the house of the deceased and decided that by putting a rope from the point of a 'Siju' tree upto the end of a wall, the parties might put the demarcating fence. While he was about to return from that place, at that juncture of time the appellant ...
Tag this Judgment!Anita Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-27-2007
Reported in: 104(2007)CLT544
I.M. Quddusi, J.1. This Writ Petition has been filed against the order of the Collector, Angul dated 22.2.2006 passed in G.P. Appeal Case No. 2 of 2000 upholding the Judgment of the Sub-Collector, Talcher in G.P. Appeal Case No. 1 of 1998.2. The brief facts of the case are that the Petitioner after getting information from the notice board of Kaniha Block for the post of Gram Panchayat Secretary applied for the same and after facing the interview for the same, she was appointed as the Gram Panchayat Secretary of Dereng G.P. on 16.12.1997 and joined the said post on 19.12.1997. The appointment of the Petitioner was approved by the D.P.O as per the recommendation of the S.D.P.O.3. Mr. Swain, Learned Counsel for the Petitioner submits that when the Petitioner was continuing as the Secretary of the said Gram Panchayat and was discharging her duties, suddenly three persons came to her rented house near N.T.P.C.. Villager-Bhimkund at about 8, O' Clock and threatened the Petitioner to put her...
Tag this Judgment!Indiana Conveyors Ltd. Vs. Indian Rare Earths Limited
Court: Orissa
Decided on: Apr-26-2007
Reported in: AIR2007Ori162; 2007(4)ARBLR40(Orissa); 104(2007)CLT15
A.K. Ganguly, C.J.1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'said Act') for appointment of an Arbitrator to resolve the disputes and differences that have arisen between the parties in terms of the agreement dated 22.7.2001.2. The case has a chequered history as would appear from the following facts:A work Order dated 14.7.2001 was issued to the Petitioner by the sole Opposite Party, which is a Government of India Undertaking, in respect of design, supply, erection, testing and commissioning of dry feed system in its mineral separation plant. Clause 22 of the work order, inter alia, provides that general conditions of contract shall form and construe a part of the contract. Clause 12(3) of the general conditions of contract is as follows:12.3. All disputes and differences of any kind whatsoever arising out of or in connection with the contract or carrying out of the works (whether during the course of work o...
Tag this Judgment!Land Acquisition Zone Officer Vs. Brusabha Pradhan
Court: Orissa
Decided on: Apr-26-2007
Reported in: 2007(II)OLR134
ORDERA.K. Parichha, J. 1. This appeal is filed by the State against the order passed by the learned Civil Judge (Senior Division), Angul in L.A. Case No. 255 of 1993.2. Ac. 1.37 decimals of land under Khata Nos. 47 of mouza Krushnapur belonging to the claimant-respondent was acquired for construction of Talcher-Sambalpur Rail Link. The Land Acquisition Officer after considering the relevant factors, and materials awarded compensation of Rs. 13,610.00 for the acquired land, Rs. 140.00 for the acquired trees besides solatium and interest. The respondent being dissatisfied with the award, raised objection and ultimately objection was referred to the Civil Court under Section 18 of the L.A. Act for determination of the quantum of compensation. That is how the matter has come up before the Civil Court in the above noted L.A. case.3. To substantiate the claim for higher compensation, the respondent-claimant examined one witness only and did not produce any document. The Land Acquisition Coll...
Tag this Judgment!Bichitra Behera Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2007
Reported in: II(2007)DMC717; 2007(1)OLR766
ORDERPradip Mohanty, J.1. Affidavits have been filed by the petitioner and the informant in Court today. Same be kept on record.2. In pursuance of the order dated 11.4.2007, petitioner-Bichitra Behera and the informant-Smt. Meera Rani Behera are present in Court today. In her affidavit Meera Rani has stated that the matter has been settled between them and they are staying together with their children. She has also stated in the affidavit that due to some misunderstanding between them, she had lodged the F.I.R. before the Police Station under Section 498A/307/294/506 IPC. The learned Assistant Sessions Judge-cum-C.J.M., Mayurbhanj, Baripada convicted the petitioner-husband and sentenced him to undergo R.I. for six months and to pay fine of Rs. 1000/-. The petitioner filed Crl. Appeal No. 13/74 of 2004-2003 before the learned Ad hoc Additional District & Sessions Judge (FTC), Baripada, but he confirmed the sentence and dismissed the appeal. Against the judgment and order of conviction p...
Tag this Judgment!P. Chinaya Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2007
Reported in: 2007(II)OLR14
ORDERM.M. Das, J.1. Heard Mr. Sarangi, learned Counsel for the petitioner and Mr. Das, learned Counsel for the State.2. The petitioner happens to be a witness in C.T. Case No. 42 of 2005 pending before the learned Addl. Sessions Judge, Malkangiri. On 10.4.2007, he was examined as P.W.5 on behalf of the prosecution. From the certified copy of the evidence produced by the learned Counsel for the petitioner, it appears that as the P.P. was absent, the learned Court below put questions to the petitioner under Section 165 of the Evidence Act. While recording the answers given by the petitioner who was being examined as P.W.5, finding that he did not support the case of the prosecution, the learned Court below, in the said deposition recorded as follows:Since it appears from the record that this P. Chineya is indulging in falsehood and avoiding material facts, his involvement in the offence is suspected and this may be taken up by the learned P.P. under Section 216, Cr.P.C, if required addin...
Tag this Judgment!National Insurance Co. Ltd. Vs. Sarala Pasayat
Court: Orissa
Decided on: Apr-25-2007
Reported in: 104(2007)CLT339
N. Prusty, J.1. Even though the matter is listed for admission/hearing under Order XLI Rule 11 CPC, Learned Counsel for both the parties submit that the same can be disposed of at this stage, since the grounds of challenge in this appeal is with regard to the liability of the Insurance Company to pay the awarded amount indemnifying the owner of the vehicle, even though the driver of the vehicle was not having a valid Driving Licencewhich is violative of the terms and conditions of policy as well as the quantum of compensation and rate of interest awarded, which are on the higher side.2. This appeal has been filed by the Opposite Party No. 2/Insurance Company challenging the award-dated 31.05.2005 passed by the Learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 1521 of 2000, filed by the claimant/Respondent Nos. 1 and 2, who are the wife and son of one Jagannath alias Jagabandhu Pasayat, who died in a road accident caused on 08.12.2000 due to rash and negligent drivin...
Tag this Judgment!Aziza Ekbal Khatun Vs. Narula Hassan and Five ors.
Court: Orissa
Decided on: Apr-25-2007
Reported in: 104(2007)CLT832; 2007(II)OLR512
ORDER1. Heard learned Counsel for the parties.2. This appeal is directed against the judgment and decree dated 9.2.1996 passed by a learned Single Judge of this Court in F.A.No. 443 of 1982. The said First Appeal was filed by defendant No. 1 challenging the judgment and decree passed by the learned Additional Subordinate Judge, Balasore in O.S.No. 101 of 1982-i decreeing the suit and declaring the plaintiff's half share in the suit property and directing the partition of the suit property by metes and bound.'3. The learned Counsel appearing for the appellant submits before us that in the said First Appeal hearing was concluded and the judgment was reserved on 27.11.1990. Thereafter, the judgment was delivered on 9.2.1996.4. On going through the record, we find that the aforesaid stand taken by the learned Counsel for the appellant is correct. We also find from the record that the matter was heard on various misc. cases and various interim directions were passed and ultimately, the main...
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