Orissa Court January 2009 Judgments
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Divisional Manager, National Insurance Co. Ltd. Vs. Smt. Premakalyani ...
Court: Orissa
Decided on: Jan-06-2009
Reported in: 107(2009)CLT287
A.S. Naidu, J.1. The Judgment and order of compensation dated 14th March, 2000 passed by 4th Motor Accident Claims Tribunal, Puri in M.A.C.T. Misc. Case No. 528/80 of 1993/1991 is assailed by the National Insurance Co. Ltd. in this appeal, filed under Section 173 of the Motor Vehicles Act, 1994.2. The aforesaid M.A.C.T. Misc. Case was registered on the basis of an application filed under Section 110-A of the Motor Vehicles Act, 1939 by the unfortunate widow and minor son of deceased Bhajaman Mohanty, inter alia, alleging that on 30th April 1990 while Bhajaman was travelling on his scooter from Vani Vihar to his resident on the left side of the road the offending Ambassador Car bearing Regn. No. ORX-9622, driven in a rash and negligent manner, dashed against the right side of the scooter, consequently he fell down and sustained grievous injuries and became unconscious. He was immediately removed to Capital Hospital and from there to SCB Medical College and Hospital, Cuttack. In spite of...
Ahalya Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-06-2009
Reported in: 2009(I)OLR526
B.P. Das, J.1. The petitioner has filed this writ petition with a prayer to direct the State and its functionaries to pay her compensation for the death of her husband-Pitambar Pradhan in police custody.2. The brief facts leading to the writ petition are as follows:The deceased Bhalu @ Pitambar Pradhan, husband of the present petitioner, was arrested by the Investigating Officer on 31.1.2003 in connection with Mahanga Police Station Case No.12 of 2003 and was detained in police hazat without being forwarded to the local Magistrate. On 1.2.2003 at about 2 p.m., the Officer-in-Charge of Salipur Police Station, Trinath Mishra, and the Circle Inspector, Keshab Mohapatra came to the village of the petitioner (Bhakuda) and assured her to release her husband on bail if she would come to the police station with the land record. On such assurance, the petitioner along with the Ward Member, Sudhir Mishra came to the police station by a police vehicle and found her husband dead inside the police ...
Premnath Khanna @ Pramnath Khanna Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-06-2009
Reported in: AIR2009Ori166; 107(2009)CLT741; 2009(I)OLR416
M.M. Das, J.1. By virtue of registered sale deed dated 26.8.1997, the petitioner purchased land measuring Ac.0.55 decimals under Khata No.387 appertaining to Plot No.303/1502 corresponding to Sabik Plot No.484/1/1 under Sabik Khata No.9 situated in Mouza -Rourkela Town, Unit No.43 (previously mouza Durgapur) under Panposh Tahasil in the district of Sundargarh, from the opp.party No.5. It is the case of the petitioner that originally the disputed property was recorded in the name of one Rajib Panda in the Sabik Settlement R.O.R. as would be found in Annexure-5. Sudarsan Panda son of said Rajib Panda sold the case land to the father of the opp.party No.4, i.e., late Dwarika Das Atha on 22.6.1965. The said Dwarika Das Atha subsequently sold the land on 30.6.1971 to the opp.party No.5. It also transpires that the State instituted Brahmattar Mafi Case No.6/56-67 under the O.E.A. Act. Pursuant to the Press Note issued on 26.4.1964. The original owner-Sudarsan Panda and many other intermediar...
Sama @ Saman Tudu and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-06-2009
Reported in: 2009(I)OLR822
P.K. Tripathy, J.1. Learned Addl. Sessions Judge, Jajpur delivered impugned judgment on 2.12.1998 in Sessions Trial No. 616 of 1997/3 of 1998 convicting the appellant for the offence under Sections 302/201/34, IPC. The convicted accused persons thus preferred the appeal from the jail.2. According to the case of the prosecution, Luna Purty, the deceased, was working as a labourer in Ostapal Mines. On 12.10.1996 afternoon he went to his house and handed over his weekly wage to his family and came to Tisco Weekly market but did not return to his house that night. On the following day morning, his dead body was found lying under a bush near that market. Police took note of the aforesaid dead body and after F.I.R. was made P.W.1 undertook the investigation and submitted charge sheet against the accused persons for the aforesaid offences.3. To substantiate the charge, prosecution relied on the evidence of eight witnesses and documents marked as Exts.1 to 5. Except P.W.6 who claims to be an e...
Ramesh Chandra Acharya Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-05-2009
Reported in: 107(2009)CLT145
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the Order Dated 11.05.2000 (Annex.-1) by which the Petitioner had not been given extension till attaining the age of 60 years and has been retired at the age of 58 years.2. The facts and circumstances giving rise to this case are that the Petitioner joined the Orissa Judicial Service, Class II on 14.1.1981 being selected by the Orissa Public Service Commission in emergency recruitment and appointed as temporary Munsif. Consequently his service was confirmed vide notification dated 18.06.1986. The Petitioner stood promoted in the year 1993 to the post of Civil Judge (Senior Division) and vide impugned Order Dated 28.01.2000 he has not been granted further extension and being retired at the age of 58. Hence this Writ Petition.3. Shri Bhakta Hari Mohanty, Learned Senior Counsel appearing for the Petitioner submitted that vide Orissa Government Notification dated 28.10.1995, the age of superannuation of judicial officers w...
Jitendra Behera Vs. Registrar (Administration), Orissa High Court and ...
Court: Orissa
Decided on: Jan-05-2009
Reported in: (2009)107CALLT301(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the impugned Order Dated 30.9.2004 by which the services of the Petitioner as a Class 'IV employee working in the Court of Judicial Magistrate, First Class, Kantamal in the judgeship of Phulbani had been brought to an end on the ground that he was illegally appointed.2. The Petitioner claims that this Court vide its letter dated 4.5.2002 directed all the District Judges of the State to fill up all the vacancies which were existing in the respective judgeships and in pursuance thereof an advertisement was made pasting a notice on the Notice Board of the office of District Judge, Phulbani inviting applications from eligible candidates for different Class IV posts. According to the Petitioner, there was only one post of Night Watchman cum-Sweeper and there were large number of applications for the said post. The appointing authority conducted the interview and in the said interview he stood first in the merit list and the...
Parti Lakra Vs. State of Orissa
Court: Orissa
Decided on: Jan-05-2009
Reported in: 2009(I)OLR728
P.K. Tripathy, J.1. None appears for the appellant. The appellant is in jail. The counsel engaged by the State defence panel is not present. Since the jail criminal appeal is pending from the year 1999 and the appellant is detained inside the jail, on consent, Mr. Sanjay Kumar Das, learned Advocate of this Court is engaged to argue the jail criminal appeal on behalf of the accused-appellant. After going through the paper books supplied to him, he says that the case is simple and therefore, he is ready to argue. In view of that submission, we take up the jail criminal appeal for hearing.Heard the parties and the judgment is as follows:2. Accused is the daughter-in-law and the deceased is the mother-in-law. Charge against the accused is under Section 302, IPC for committing the murder of her mother-in-law on 12.11.1996 and under Section 201 IPC for concealing the dead body in the bushy jungle to screen herself. With such charge, learned Sessions Judge, Sundargarh took up Sessions Trial N...
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