Orissa Court July 2007 Judgments
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Prahallad Sahoo Vs. State of Orissa and 3 ors.
Court: Orissa
Decided on: Jul-04-2007
Reported in: 2007(II)OLR262
ORDERL. Mohapatra, J.1. Heard learned Counsel for the petitioner and the learned Counsel for the State.2. The order dated 19.5.2007 passed by the learned S.D.J.M., Nilgiri in Crl. Misc. Case No. 19 of 2007 rejecting an application filed under Section 457 of Cr.P.C. for release of the truck bearing Registration No. OR-01-6247 in favour of the petitioner is under challenge.3. The aforesaid truck was seized by the Forester of Wild Life Protection Act on 1.12.2006 at Ranipokhari from the possession of one Bikram Marandi who was the driver of the truck. The truck was loaded with stone metals. The Forester gave intimation of the seizure to the learned Magistrate and the intimation was received by the learned Magistrate on 6.12.2006. However, P.R. was Act submitted by the Forester at that stage. The owner of the vehicle who is the petitioner before this Court filed an application under Section 457 Cr.P.C. to release the truck in his favour. The said petition was rejected on 23.12.2006 on the ...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Subas Chandra SwaI ...
Court: Orissa
Decided on: Jul-04-2007
Reported in: 2008ACJ2210; 104(2007)CLT343; [2007(115)FLR266]; 2007(II)OLR305
A.K. Ganguly, C.J.1. This appeal has been filed by M/s Oriental Insurance Co. Ltd. impugning a Judgment of the Learned Single Judge in Misc. Appeal No. 713 of 1996. The Learned Single Judge was pleased to hold that the Learned Counsel for the Appellant only urged that the Commissioner for Workmen's Compensation gave a direction to the claimant to appear before the Chief District Medical Officer, Cuttack for examination and assessment of disability and same having not been done the entire award was liable to be set aside. The Learned Single Judge, however, did not accept the said contention on behalf of the insurance company in view of the finding by the Commissioner on Issue No. 3 at page 6 of the Commissioner's Judgment. Quoting the finding, of the Commissioner on the said issue, the Learned Single Judge held that the grievance raised by the Learned Counsel for the insurance company cannot be sustained. The Learned Single Judge also came to the conclusion that in any event the said co...
B. Lalita Pradhanuni Vs. Jasoda Padhunuani and ors.
Court: Orissa
Decided on: Jul-04-2007
Reported in: 104(2007)CLT843; 2007(II)OLR343
A.K. Parichha, J.1. This is a plaintiff's appeal against the composite judgment and decree passed by the learned Additional District Judge, Ganjam-Boudh, Berhampur in T.A. Nos. 75 of 1980 (93/77) GDC) and 76/80(97/77 GDC) reversing the judgment and decree of the learned Munsif, Berhampur passed in T.S. No. 7 of 1975.2. The appellant-plaintiff filed the suit for partition of the Schedule 'A' and 'B' properties mentioned in the plaint. Her simple case was that the suit properties belonged to one Kantaru Pradhan, who had three sons, namely, Narayan, Jagabandhu and Baraja. Baraja died when he was a child. So, after the death of Kantaru, the remaining sons, Narayan and Jagabandhu inherited the suit properties. Jagabandhu died in the year 1970 leaving his widow, the plaintiff and a daughter, namely, Ratna. Since the plaintiff was not given anything out of the joint family property, she demanded partition and on refusal of the same by Narayan, she filed the suit seeking half share in the prop...
Gopinath Naik and Four ors. Vs. State of Orissa
Court: Orissa
Decided on: Jul-04-2007
Reported in: 104(2007)CLT730
1. In Sessions Case No. 11/1 of 1993 Learned Addl. Sessions Judge, Balangir on 30.6.1993 found the accused persons, five in numbers, guilty of the offence under Sections 302/149 IPC and also for the offence under Section 148 IPC and accordingly convicted them. The accused persons were sentenced to imprisonment for life for the offence under Sections 302/149 IPC and separate sentence of R.I. for one year was inflicted on each of them for the offence under Section 148 IPC. Both the sentences were directed to run concurrently.2. It is the admitted case of the parties that accused Barna and Kasta and the deceased Niranjan Naik are the three sons of late Usha Naik. Accused Gopinath and Baikuntha are sons of accused Barna and accused Bhagirathi is the son of accused Kastha. Banabasi (P.W.5) is the widow of deceased Niranjan Naik and Baleswar Naik (P.W.3) and Ganeswar Naik (P.W.4) are their two sons. Though the landed property was recorded jointly in the name of accused Barna and Kastha and d...
Bhaskar SwaIn Vs. State
Court: Orissa
Decided on: Jul-04-2007
Reported in: 105(2008)CLT190; 2007CriLJ4365
Pradip Mohanty, J.1. This Jail Criminal Appeal is directed against the judgment and order of conviction passed by the Asst. Sessions Judge, Bhanjanagar in S.C. No. 23 of 1999 corresponding to S.C. No. 205/99 G. D. C.2. The case of the prosecution is that the victim girl is the minor sister of the informant. She is afflicted by polio and being handicapped uses a crutch for walking. On 10-10-1998 at about 5.00 p.m. she went towards the back side of her house to attend the call of nature. When she did not return home till 7.00 p.m., the informant and his mother became apprehensive. They along with others searched for her, but in vain. At about midnight, there was a knock on the door. When the door was opened, the victim was found with blood soaked clothes and there were swelling injuries on her neck. On being asked, she disclosed that after attending the call of nature, when she was coming back, the accused-appellant met her and offered her ten rupees to have sexual intercourse. On her re...
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