Orissa Court January 2008 Judgments
Babulal Agarwal Vs. Secretary to Government of Orissa and ors.
Court: Orissa
Decided on: Jan-31-2008
Reported in: 105(2008)CLT718; 2008(I)OLR999
ORDER1. This review application has been filed by the Writ Petitioner to review the Judgment dated 20.12.2007 passed in W.P. (C) No. 5135 of 2007 whereby this Court dismissed the Writ Petition filed by the Petitioner being devoid of merit.2. The Learned Counsel for the review Petitioner submits that he was not able to place some decisions of the Supreme Court at the time of hearing of the writ application. As such, the aforesaid order needs further consideration.3. Law is well settled that the omission to cite an authority of law is not a ground to review the earlier Judgment saying that mere is an error apparent on the face of the record since Learned Counsel has committed an error in not bringing to the notice of the Court the relevant precedent (See Dokka Samuel v. Dr. Jacob Lazarus Chelly reported in : [1997]2SCR1137 ).4. No doubt, review can be maintainable on the ground of discovery of new and important matter or evidence which after the exercise of due diligence was not within t...
Tag this Judgment!Smt. Sudha Kaur W/O. Mahendar Singh Vs. Secretary to Government of Ori ...
Court: Orissa
Decided on: Jan-31-2008
Reported in: 105(2008)CLT813
ORDER1. The matter out of which this application arises was never before this Hon'ble Court in the present.2. This review application has been filed by the Writ Petitioner to review the Judgment dated 20.12.2007 passed in W.P.(C) No. 9975 of 2006 whereby this Court dismissed the Writ Petition filed by the Petitioner being devoid of merit.The Learned Counsel for the review Petitioner submits that he was not able to place some decisions of the Supreme Court at the time of hearing of the writ application. As such, the aforesaid order needs further consideration.Law is well settled that the omission to cite an authority of law is not a ground to review the earlier Judgment saying that there is an error apparent on the face of the record since Learned Counsel has committed an error in not bringing to the notice of the Court the relevant Precedent (See Dokka Samuel v. Dr. Jacob Lazarus Chelly reported in : [1997]2SCR1137 ).3. No doubt, review can be maintainable on the ground of discovery of...
Tag this Judgment!Kishan Goyal Vs. Secretary to Govt. of Orissa and ors.
Court: Orissa
Decided on: Jan-31-2008
Reported in: 106(2008)CLT92
ORDER1. The matter out of which this application arises was never before this Hon'ble Court in the present from but it arises against the Order Dated 31.01.2008.2. This review application has been filed by the Writ Petitioner to review the Judgment dated 20.12.2007 passed, in W.P.(C) No. 5134 of 2007 whereby this Court dismissed the Writ Petitioner being devoid of merit.3. The Learned Counsel for the review Petitioner submits that he was not able to place some decisions of the Supreme Court at the time of hearing of the writ application. As such, the aforesaid order needs further consideration.4. Law is well settled that the omission to cite an authority of law is not a ground to review the earlier Judgment saying that there is an error apparent on the face of the record since Learned Counsel has committed an error in not bringing to the notice of the Court the relevant precedent (See Dokka Samuel v. Dr. Jacob Lazarus Chelly reported in : [1997]2SCR1137 ).5. No doubt, review can be mai...
Tag this Judgment!United Insurance Co. Ltd. and anr. Vs. Harjit Singh Raina
Court: Orissa
Decided on: Jan-30-2008
Reported in: 2008(I)OLR597
L. Mohapatra, J.1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed against the judgment dated 9.2.2005 passed by the learned District Judge, Sambalpur rejecting the petition filed by the appellants under Section 34 of the said Act to set aside an arbitral award.2. Case of the claimant-respondent is that he is the registered owner of a truck bearing registration No.OR-15-1119 and the said vehicle was insured with the appellants under Policy No.034200/31/ 21/1138/1992 and the policy was valid covering a period from 1.3.1992 to 28.2.1993. The said vehicle met with an accident on 11.7.1992 and the fact of such accident was intimated to the appellants on 13.7.1992. Under the direction of the appellants, a surveyor surveyed the vehicle and submitted his report on 13.7.1992 intimating the damages caused to the vehicle and also stated in the report that further damages, if any, can only be ascertained on dismantling the vehicle during final survey. On ...
Tag this Judgment!State and ors. Vs. Tangamalai Ramaswamay
Court: Orissa
Decided on: Jan-30-2008
Reported in: (2009)107CALLT610(NULL)
L. Mohapatra, J.1. Reference under Section 366 of the Code of Criminal Procedure has been made by the Learned Adhoc Additional Sessions Judge (Fast Track Court), Malkangiri for confirmation of sentence of death imposed by him on accused Tangamalai Ramaswamy in Criminal Trial No. 51 of Criminal Appeal has been filed by both the accused persons against the order of conviction passed against the Appellant No. 1 under Section 302 of the I.P.C. and sentencing him to death and further convicting him for commission of offence under Section 201 I.P.C. and sentencing him to undergo R.I. for seven years and to pay fine of Rs. 5000. Appellant No. 2 has been convicted for commission of offence under Sections 201/34 of the Penal Code and sentenced him to undergo R.I. for seven years and to pay fine of Rs. 5000.2. Case of the prosecution os revealed from the F.I.R. is that O. Jairai (P.W.13) is the brother of the deceased and resident of Tamil Nadu. He lodged an information before the O.I.C. Kalimel...
Tag this Judgment!Sarat Chandra Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-29-2008
Reported in: 105(2008)CLT428
S.C. Parija, J.1. This Writ Petition has been filed by the Petitioner challenging the letter dated 18.12.2006 of the State Government in the Excise Department, directing shifting of Pedagadi IMFL 'OFF' shop of Mayurbhanj district, Notice No. 378, dated 7.3.2007 issued by the Collector, Mayurbhanj, under Section 26-A of the Bihar & Orissa Excise Act (herein after referred to as the 'Act') and Public Notice in Form 'A' for grant of IMFL 'OFF' shop (shifting proposal) from Pedagadi Grama Panchayat to Nuasahi Grama Panchayat within the Kaptipada Block for the year 2007-08.2. The contention of the Petitioner is that since he is a exiting licencee of IMFL 'OFF' shop at Kaptipada Block in the district of Mayurbhanj with monthly licence fee of Rs. 49,360/- for the year 2007-08, it is unreasonable to grant another IMFL 'OFF' shop licence at Nuasahi within the area of the Petitioner's shop with monthly licence fee of Rs. 10 ,000/- during the subsistence of the Petitioner's licence which is valid...
Tag this Judgment!Divisional Manager, New India Assurance Company Ltd. Vs. Riba Paikaray ...
Court: Orissa
Decided on: Jan-29-2008
Reported in: 105(2008)CLT555; 2008(I)OLR925
B.N. Mahapatra, J.1. This appeal has been filed under Section 173 of M.V. Act against the award dated 18.9.2006 passed in Misc. Case No. 623 of 2003 by the 1st Addl. District Judge-cum-Motor Accident Claims Tribunal, Cuttack.2. The case of the claimant-Petitioners is that on 02.07.2003 at about 7 P.M. while the deceased was travelling in a motorcycle from Bhubaneswar to Cuttack a truck bearing registration No.OAC-6786 came from Bhubaneswar side and dashed his motorcycle on N.N. 5 as a result of which the deceased sustained severe injury. Immediately thereafter the deceased was taken to S.C.B. Medical College and Hospital, Cuttack, in an unconscious stage. Then he was shifted to Kalinga Hospital, Bhubaneswar, where he succumbed to injury. The claimants' case was that the accident was the outcome of rash and negligent driving of the driver of the offending truck. Being Superintendent of Excise, the deceased was earning Rs. 25,000/- per month and contributing Rs. 20,000/- to run his famil...
Tag this Judgment!New India Assurance Company Ltd. Vs. Balaram Bhatra @ Arjuna Bhatra an ...
Court: Orissa
Decided on: Jan-29-2008
Reported in: 106(2008)CLT113
B.N. Mahapatra, J.1. This appeal has been filed under Section 173 of M.V. Act, 1988 against the Judgment dated 28.1.2005 passed by the Learned Addl. District Judge-M.A.C.T., Jeypore (hereinafter called, the 'Tribunal') in M.A.C. No. 69/2004 (M.J.C. Case No. 143/2000 of the District Judge, Jeypore).2. Learned Counsel for the Appellant and Learned Counsel for the Insurance Company appear today. Despite service of notice no one appears on behalf of Respondent No. 2 the owner of the vehicle.3. The case of the claimant-Respondent No. 1 was that on dated 4.7.2000 at about 7 A.M. while he was performing his duty as labourer in a tractor and was proceeding from Pokhnaguda to Sargiguda, due to rash and negligent driving of the driver of the tractor, the tractor was capsized. As a result of said accident the claimant-Respondent No. 1 sustained multiple bleeding injuries and fracture injury on his rib. After such accident he was shifted to Kotpad hospital for treatment and subsequently shifted to...
Tag this Judgment!Sri S.J. Alli Vs. State of Orissa (Vigilance)
Court: Orissa
Decided on: Jan-25-2008
Reported in: 2008(1)OLR401
S.C. Parija, J.1. This application under Section 482 Cr.P.C. has been filed by the petitioner invoking the inherent jurisdiction of this Hon'ble Court to quash the order of cognizance dated 24.3.2007 passed by the Special Judge (Vigilance):Berhampur, Ganjam in G.R. Case No. 12 of 2005, taking cognizance of offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act ('P.C. Act' for short) and Section 120B, I.P.C.2. The main contention of the petitioner is that the impugned order of cognizance suffers from non-application of mind and has been mechanically passed without considering the materials on record and taking all relevant facts and circumstances into consideration and prima facie satisfying itself with regard to involvement of the petitioner in the commission of alleged offence under Section 13(2) read with Section 13(1)(d) of the P.C. Act and Section 120B I.P.C. The petitioner in this regard relies on a decision of this Court in the case of Gundicha...
Tag this Judgment!Pandu Dalai Vs. State of Orissa
Court: Orissa
Decided on: Jan-25-2008
Reported in: 2008(1)OLR404
S.C. Parija, J.1. This application under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 29.7.2000 passed by the learned S.D.J.M., Bhanjanagar in G.R. Case No. 417 of 1994 (A) under Sections 241/294/323/337/506/34 I.P.C. read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.2. The main contention of the petitioner is that the two other accused persons similarly situated having faced the trial and having been acquitted on the finding inter alia that the parties have entered into compromise and there is no evidence to support the case of the prosecution and in this split up case against the present petitioner, no further evidence implicating him is likely to come, no useful purpose would be served in allowing the present split up case against the petitioner to proceed any further.3. The prosecution case, in brief, is that on 18.10.1994 while the informant was purchasing egg at the shop of one Gandhia in vill...
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