Orissa Court August 2008 Judgments
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Kalia @ Harikrushna Sahu and ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-19-2008
Reported in: 2008(II)OLR704
B.K. Patel, J.1. By the impugned common judgment and order dated 21.12.2002 passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur upon an analogous trial, the appellants Kalia @ Harikrushna and Biswanath @ Bisu @ Biska @ Bisakha facing trial in S.C. No. 14 of 2001 and Dandapani and Dillip facing trial in S.C. No. 194 of 2002 have been convicted for commission of offences under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code (in short 'I.P.C.'). In addition, appellant Biswanath has also been convicted for commission of offence under Section 302 I.P.C. Accordingly all the appellants have been sentenced to undergo imprisonment for life for commission of offence under Section 302 read with Section 149 of the I.P.C. and R.I. for one year on each count for commission of offences under Sections 148 and 148 of the I.P.C. Appellant Biswanath has further been sentenced to undergo imprisonment for life under Section 302 I.P.C. Being aggrieved, the appellants ha...
Bajranglal Singhania Vs. State of Orissa
Court: Orissa
Decided on: Aug-19-2008
Reported in: 2009(II)OLR951
ORDERB.K. Patel, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. This is an application under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioners.3. Admittedly, no F.I.R. has yet been registered against the petitioners so far. However, the petitioner Nos. 1, 2, 3 and 5 as well as one Sunil Singhania was served with a notice dated 02.07.2008 by the I.I.C., Jharsuguda Police Station to appear before the I.I.C., Mahila Police Station, Sambalpur on 03.07.2008 as required under VHF message No. 662, dated 28.06.2008. Though, by ordered dated 07.08.2008 and 12.08.2008 this case was adjourned in order to enable the learned Counsel for the State to obtain instruction as to whether any case was contemplated to be instituted against the petitioners, the learned Counsel for the State produces a letter dated 17.08.2008 of the I.I.C., Jharsuguda Police Station to the effect that no case has yet been registered so far in the Jharsuguda Police Sta...
Sagarika Senapati Vs. Rama Mani Dei and ors.
Court: Orissa
Decided on: Aug-18-2008
Reported in: 106(2008)CLT642
Sanju Panda, J.1. This is an application under Article 227 of the Constitution of India. Challenge has been made in this Writ Petition to the Order Dated 23.5.2008 passed by the Learned District Judge, Puri in FAO No. 31 of 2008 confirming the Order Dated 6.2.2008 passed by the Learned Civil Judge (Senior Division), Nimapara in Interim Application. No. 94 of 2007 arising out of C.S. No. 166 of 2007.2. The Petitioner is Defendant No. 1 and Opposite Parties 1 to 4 are the Plaintiffs. The disputed properties belong to Gopinath Nath. He established a medicine store in Schedule-A property. After the death of Gopinath, the Plaintiffs being the successors-in-interest were managing the said medicine store. On 16th December, 2007, Defendants tactfully put a lock over the lock put by the Plaintiffs on the wooden door of the said medicine store and when the Plaintiffs on 17th December, 2007 went to open the medicine shop, they came 11 know about the Illegal act of the Defendants and when they tri...
Union of India (Uoi) Vs. Smt. Nalini Parida
Court: Orissa
Decided on: Aug-18-2008
Reported in: AIR2009Ori56
Kumari Sanju Panda, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') filed by the Union of India represented through the General Manager, East Coast Railway, Chandrasekharpur, Bhubaneswar, challenging the award dated 26-9-2005 patted by the Railway Claims Tribunal, Bhubaneswar Bench in O.A. No. 70 of 2004 whereby it awarded a sum of Rs. 4 lakhs to the claimant-respondent with an interest of 3% from the date of filing of the application, failing winch (he interest will be payable @ of 5%.2. The brief facts of the case are as follows:The claimant-respondent filed O.A. No. 70 of 2004 before the Railway Claims Tribunal, Bhubaneswar Bench claiming com pensation from the appellant on the ground that on 29-1-2003, the claimant after visiting her cousin sister's house returned from Khurda Road by Train No. 212 DN Puri-Sambalpur Passenger. The husband of her cousin sister came to Khurda Railway Station with the claimant and ...
Tata Sponge Iron Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Aug-18-2008
Reported in: (2009)23VST371(Orissa)
B.S. Chauhan, C.J.1. This writ petition has been filed for issuance of a direction to the opposite parties to refund the sales tax collected from the petitioner-company by quashing the order dated February 4, 1998 (annexure 1) and assessment order dated March 24, 1998 (annexure 2) to the writ petition.2. The petitioner had established a large-scale industrial unit. However, it claimed benefit of tax exemption in view of part III of the Industrial Policy Resolution, 1989 (hereinafter called 'IPR 1989') by filing an application on January 22, 1991. As the same was not granted, he filed OJC No. 6198 of 1994 which was decided vide judgment and order dated May 5, 1995 Ipitata Sponge Iron Ltd. v. State of Orissa [2001] 122 STC 259 (Ori). Subsequent thereto, respondent No. 5 recommended the case of the petitioner for granting benefit of tax holidays vide letter dated March 10, 1997. As no action was taken in pursuance of the said letter, the petitioner again approached this Court by filing OJ...
Sriram JaIn Vs. Manjubai JaIn and ors.
Court: Orissa
Decided on: Aug-18-2008
Reported in: AIR2009Ori104
A.S. Naidu, J.1. The original plaintiff Haribilas Jain had filed Title Suit No. 37/80 of 1983/1991 in the Court of the Addl. Civil Judge (JD), Kantabanji praying for declaration that original defendant No. 1 Binod Kumar Jain was not his adopted son and that the alleged adoption deed in that respect was invalid, void and not binding on him. He further prayed to declare that the defendants had no right, title or interest in his properties besides praying for permanently restraining them from entering into or occupying the house belonging to him.It appears that all the parties are members of the same family and the adoptive father and the adopted son have expired in the meanwhile.During pendency of the suit the original plaintiff Haribilas, the adoptive father, having died his brother Sriram Jain who claimed to be his legal representative was substituted.The original defendant No. 1 Binod Kumar Jain, the adopted son, also died during pendency of the suit and he was substituted by his wido...
Smt. Urmila Kumari Mohanty Vs. Bijay Kumar Mohanty
Court: Orissa
Decided on: Aug-14-2008
Reported in: 2008(II)OLR585
ORDERSanju Panda, J.1. In this writ petition challenge has been made to the order dated 30.7.2005 passed by the learned Civil Judge (Senior Division), Nimapara in Execution Misc. Case No. 62/06 of 2000/1999 rejecting the application of the petitioner to execute the decree for enhanced rate of maintenance from Rs. 200/- to Rs. 400/- on the ground that the execution case was not maintainable as the same was barred by limitation.2. The case of the petitioner is that she is the wife of opposite party. She got an ex parte decree of maintenance of Rs. 200/- per month in Original Suit No. 38 of 1982 and the ex parte decree was passed on 29th September 1984 by the learned Civil Judge (Senior Division), Puri. Thereafter, she filed Execution Case No. 21 of 1988 before the said Court for execution of the decree. While the matter stood thus, she filed Misc. Case No. 20 of 1994 before the said Court for enhancement of maintenance. The Court below enhanced the maintenance from Rs. 200/- to Rs. 400/-...
New India Assurance Co. Ltd. Vs. Ananga Kumar Otta and anr.
Court: Orissa
Decided on: Aug-14-2008
Reported in: 2008(II)OLR615
ORDERS.C. Parija, J.1. Cost is stated to have been paid and receipt filed.Though the matter was listed for orders with the consent of the parties, the same is being taken up for final disposal.2. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Insurance Company challenging the judgment/award dated 01.02.2006 passed by the First Motor Accident Claims Tribunal, Cuttack, in M.V. Misc. Case No. 1215 of 2000, awarding an amount of Rs. 25,000/- as compensation along with interest @ 6% per annum.3. Learned Counsel for the Insurance Company submits that there being no police record to support the fact of accident involving the vehicle (Scooter) bearing No. OR-04-A/2762, the learned Tribunal erred in passing the impugned award. In this regard, it is submitted that the entire claim appears to be a set up, inasmuch as, the owner of the scooter has filed a written statement admitting the fact of accident but did not appear during hearing of the case before the ...
Sudhir Kumar Sahu Vs. State
Court: Orissa
Decided on: Aug-14-2008
Reported in: 106(2008)CLT860; 2008(II)OLR569
ORDER1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The case of the petitioner is that he belongs to the Socially and Educationally Backward Class (SEBC), hails from Bolangir District and has passed +2 Vocational Examination in Agriculture Trade from Titilagarh. According to him, there were limited job vacancies in the field of Agriculture. While the petitioner was unemployed, an advertisement was made in an Oriya daily 'The Sambad' on 18.5.2008 for filling up the posts of Village Agricultural Worker (VAW) and Lady Village Agricultural Worker (LVAW) on contractual basis, vide Annexure-2. By this writ petition the petitioner challenges the said advertisement in Annexure-2, so far as it relates to Bolangir District, being de hors the rules, i.e., Recruitment and Training of V.A.W. Rules, 1981, which under Clause 4 of Rule 6 under the heading 'Educational Qualification' provides that for the post of VAW, a candidate should have passed the +2 Vocational Co...
Pua @ Mangulei Tarai Vs. State of Orissa
Court: Orissa
Decided on: Aug-14-2008
Reported in: 2008(II)OLR617
ORDERA.K. Parichha, J.1. Heard learned Counsel for the parties. The petitioner, who is an accused in G.R. Case No. 973 of 2004 pending in the Court of learned SDJM, Jaipur has filed this petition under Section 482 Cr.P.C. for quashing the order dated 01.09.2005 directing issue of NBW against him. Learned Counsel for the petitioner states that the petitioner was on bail and was appearing in the Court regularly, but on 01.09.2005 he could not attend the Court due to unavoidable difficulty. He states that this is the first lapse of the petitioner regarding appearance in the Court and, therefore, issuance of NBW against him was not proper.2. Learned Counsel for the State supports the impugned order stating that whenever an accused jumps bail or remains absent from the Court on a date of hearing, the concerned Court can issue coercive steps against the said accused.3. There is no quarrel with regard to the legal proposition that whenever an accused jumps bail or remains absent from the Cour...
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