Orissa Court May 2008 Judgments
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State Vs. Guru Sahu and anr.
Court: Orissa
Decided on: May-14-2008
Reported in: 2008CriLJ3465
I.M. Quddusi, J.1. This Government Appeal has been filed against the judgment and order dated 30th November, 1992 passed by Sri P. K. Das, Assistant Sessions Judge, Bhanjanagar in S.C. No. 11 of 1992/S. C. No. 39 of 1992 G. D. C. acquitting the respondents of the offences punishable under Section 307/34, I.P.C.2. The case of the prosecution in brief was that on 28-7-1991 at about 9.30 p.m. near Panda Sahi Chhak, Upendra Parida (P. W. No. 5) and Hadu Swain consumed liquor and, thereafter, accused persons and injured Upendra Panda and Hadu Swain had exchange of hot words. Hadu Swan then took Upedra Parida to his house where both of them took meals. When they were going in front of the house of the accused persons, the accused Guru Sahu came with a Juali and assaulted Upendra Parida (P. W. No. 5) on his head resulting which he sustained bleeding injury and fell down in the drain. Thereafter accused Rama Sahu came with a Katua and assaulted P.W. No. 5 with the same, which got his left hand...
Prasanta Nayak Vs. B.D.O. and ors.
Court: Orissa
Decided on: May-12-2008
Reported in: 2008(II)OLR226
A.S. Naidu, J.1. The order dated 12th February, 2008 passed by the learned Civil Judge (JD), Jajpur rejecting the petition of the petitioner for recounting the ballot papers in E.P. No. 1 of 2007 is assailed in this Writ Petition.2. Shorn of unnecessary details the facts relevant for appreciation of the inter se dispute are as follows:In consonance with a Notification Issued by the State Government of Orissa, election for the post of Sarpanch, Erbank Grama Panchayat in the district of Jaipur was held on 17th February, 2007. The petitioner as well as opposite parties 2 and 3 filed their respective nominations and contested the election. The petitioner polled 1390 votes whereas opposite party No. 2 polled 1375 votes. Alleging certain illegalities in course of counting and rejection of some valid votes polled in favour of opposite party No. 2 vis-a-vis counting of some invalid votes in favour of the petitioner, a petition was filed for recounting of votes. The said petition was allowed an...
Divisional Manager, New India Assurance Company Ltd. Vs. Rachpal Ghive ...
Court: Orissa
Decided on: May-09-2008
Reported in: 2008(II)OLR137
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 15.12.2001 passed by the Addl. District. Judge-cum-Motor Accident Claims Tribunal. II, (hereinafter referred to as the 'Tribunal') Titilagarh, in M.J.C. No. 125/58/15 of 1996-98-99/M.J.C. No. 126/59/16 of 96-98-99.2. The background of the case, in nutshell, is as follows:On 19.2.1996 while the deceased alongwith others was travelling in a Mini truck bearing Registration No. OR-03-6445 (Tata 407) from Titilagarh to his village Kholan, at about 7.00 A.M. the said Truck met with an accident, as a result of which the deceased sustained injuries on his person. The deceased was immediately taken to V.S.S. Medical College Hospital, Burla, where he succumbed to the injuries on 20.2.1996.3. Respondent Nos. 1 and 2 who are the parents of the deceased filed claim petition before the Tribunal claiming compensatio...
Mobarak Ali Khan and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-09-2008
Reported in: 2008(II)OLR216
L. Mohapatra, J.1. Both the appellants having been convicted for commission of offences under Sections 302/34 of the Indian Penal Code (in short 'I.P.C.') and sentenced to imprisonment for life by the learned Additional Sessions Judge, Khurda in S.T. Case No. 19/95 of 1999 have preferred this appeal against such order of conviction and sentence.2. Case of the prosecution as revealed from the F.I.P., is that the deceased and appellant Mobarak were carrying on goat business and the appellant Mobarak was coming to the house of the deceased once or twice in a month. Three years prior to the death of the deceased, appellant Mobarak had taken some gold ornaments from P.W. 6 wife of the deceased for marriage of his sister. In spite of repeated requests the said appellant did not return the gold ornaments. A month prior to the occurrence the father of the deceased P.W. 5 had asked the appellant not to come to their house when he found the said appellant gossiping with P.W. 6. Thereafter, prior...
Subash Chandra Bag Vs. State of Orissa
Court: Orissa
Decided on: May-09-2008
Reported in: 2008(II)OLR475
L. Mohapatra, J.1. The appellant having been convicted by the learned Additional Sessions Judge, Bargarh in Sessions Trial No. 170/32 of 1996 for commission of offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life has preferred this appeal against the order of conviction and sentence.2. P.W.6 is the father of the informant and also the informant in this case. It is the case of the prosecution that 15 days prior to the date of occurrence, the appellant, his wife and two children, one of whom is alleged to have been murdered by the appellant, came to the house of the informant in village Talmunda and stayed there. Three to four days prior to the date of occurrence, the appellant in absence of other inmates of the house went to his village along with his minor son Rajeeb Bag (deceased) and returned home alone and on being asked he did not disclose anything and thereafter started making prevaricating statements which created suspicion in the mind of the ...
Yudhistira Sethi and anr. Vs. National Insurance Co. Ltd. and anr.
Court: Orissa
Decided on: May-09-2008
Reported in: 2008ACJ2610
S.R. Singharavelu, J.1. Being aggrieved over the award dated 9.11.2006 in Misc. Case No. 97 of 1999 before the Second Motor Accidents Claims Tribunal, Cuttack; National Insurance Co. Ltd. has preferred an appeal in M.A.C.A. No. 103 of 2007 and the claimants have preferred M.A.C.A. No. 1029 of 2006.2. The first noted appeal is for setting aside the award on the ground that there was no involvement of the offending truck in the said accident.3. The second noted appeal preferred by the claimant is for enhancement of quantum of the award.4. The brief facts of the case are as follows:At 4 p.m. on 2.1.99 while the deceased, a boy of 14 years old was riding a cycle in Cuttack-Paradeep National Highway near Tarapur, the offending truck bearing registration No. OR 05-C 5171 coming from the opposite direction driven in a rash and negligent manner had dashed against the cyclist and the latter got seriously injured and succumbed to the same on his way to the hospital.5. In this regard, an F.I.R. w...
State Vs. Ranjan Kumar Das
Court: Orissa
Decided on: May-09-2008
Reported in: 2008CriLJ4167
A.S. Naidu, J.1. The judgment dated 30th March, 1994 passed by the Assistant Sessions Judge, Gunupur in Sessions Case No. 21 of 1993 acquitting the respondent of the charge under Sections 376/312 of the Indian Penal Code is assailed in this appeal.2. The criminal action was set in moth in on (motion on) an FIR (Ext. 6) being filed at the Bissam Cuttack Police Station by P.W. 3 Pratima Kumari Mohapatra on 4-6-1993 alleging that the respondent who was a distantly related as her brother was carrying on sexual intercourse with her for quite some time with a promise that he would marry her. As a consequence, she became pregnant in the month of January, 1993. After coming to know the fact of her pregnancy, the respondent gave her some medicine tablets and a sum of Rs. 200.00 instructing her to get the pregnancy terminated. Accordingly she got the pregnancy terminated at the Bissam Cuttack Christian Hospital. Thereafter when P.W. 3 requested the respondent to marry her, he refused and finding...
Sri Sathya Sai Seva Organization and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-2008
Reported in: 2008(II)OLR432
R.N. Biswal, J.1. In this writ petition, petitioner No. 1, a philanthropic Society, established a College in the name and style, Sri Sathya Sai College for Women at Bhubaneswar (Opp. party No. 3) in 1981 and the Trust that established the college framed a bye-laws (Annexure-1) for the said College. It is stipulated, in the bye-law that--The State President of the Sri Sathya Sai Seva Organization, Orissa, shall be the President of the Governing Body and that the President shall nominate the Secretary of the Governing Body and six members.2. Opp. party No. 3 College came into the grant-in-aid fold in the year 1984 and as such became a non-Government aided College. As per the case of the petitioners, Shri Sibaram Prasad Gantayat (Opp. party No. 4), who was an engineer, managed to become a special invitee of the Governing Body in August 1986 and since then continued to be a member of Governing Body till 2004. On 27.4.1994 he became the President of the Governing Body and continued as such ...
Dandu Pradhan and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-07-2008
Reported in: 2008(II)OLR41
R.N. Biswal, J.1. The petitioners call in question the orders dated 16.11.2004 and 7.3.2005 passed by the learned S.D.J.M., Nayagarh in I.C.C. case No. 131 of 2004 wherein he took cognizance for the offence under Sections, 323/506/379 of I.P.C. and issued summons against them for their appearance on 21.12.2004 in the first order and ordered to proceed against accused Inda Bhuyan and Gunjar Dei under Sections 323/506/379 of I.P.C. and to tag the complaint case with G.R. Case No. 412 of 2004 for the rest of the accused persons for the offence under Sections 323/506 of I.P.C. and further ordered that the complaint case has to proceed against all the accused persons for the offence under Section 379 of I.P.C. in the second order.2. The fact germane to filing of this CRLMC under Section 482 of Cr.P.C. is that on 20.9.2004 opp. party No. 2 Chari Bhuyan lodged an FIR against the petitioners, 7 in number, on the basis of which Sarankul P.S. case No. 63 of 2004 was registered under Sections 341...
Balasore Transport Co-ordination Committee Represented Through the Gen ...
Court: Orissa
Decided on: May-07-2008
Reported in: 106(2008)CLT146
A.K. Ganguly, C.J.1. This Writ Petition was heard and Judgment was rendered by this Court on 7.12.2007 whereby the Writ Petition was allowed to the extent that the notification dated 28.2.2006 was set aside by this Court for the reasons disclosed in the said Writ Petition. The said Judgment was, however, delivered when nobody appeared for the State and no counter affidavit was filed. The Writ Petition was heard on the basis of averments in the Writ Petition and on the basis of some representation by Opposite Party No. 2-Orissa Bridge Construction Corporation Ltd , who are merely collecting agents.2. After the Writ Petition was heard and Judgment was delivered several review petitions were filed, one of them was by one Kartik Chandra Mahakud, who was not a party to the Writ Petition. On such review petitions being filed, this Court, for the reasons, stated in the Order Dated 18.1.2008, in Review Petition No. 1 of 2008, held that the matter should be re-heard and the Judgment dated 7.12....
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