Orissa Court November 2009 Judgments
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Sibendhu Sekhar Mishra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-17-2009
Reported in: 2009(II)OLR975
S.K. Mishra, J.1. The matter is taken up for disposal at the stage of admission.2. In this revision the petitioner assails his conviction for the offence under Section 138 of Negotiable Instruments Act, 1881 in ICC No. 557 of 2007 and the confirming judgment of the Second Addl. Sessions Judge, Cuttack in Crl. Appeal No. 65 of 2008.In short, the case of the complainant is that the accused is. a friend of the complainant. He was facing financial loss in business because of super-cyclone in the year 1999 and then he approached the complainant for financial assistance to revive his units and because of the good relationship, the complainant gave a total sum of Rs. 7,50,000/- on different dates. An agreement was executed between them on 17.9.2004 wherein it was stipulated that in total a sum of Rs. 10,000,00/- would be paid by the accused to the complainant to meet the principal and interest component. An further agreement was executed on 27.6.2005 and in due compliance of the terms and con...
Swapanananda Pattanayak Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Nov-17-2009
Reported in: 2010(I)OLR304
ORDER1. Heard learned Counsel for the petitioner and Mr. R.K. Mohapatra, the learned Government Advocate for the opposite parties.2. Since this matter involves directly the administration of justice and is with regard to the powers of the Public Prosecutor, we are deciding the writ petition at the admission stage, particularly when the impugned order has been passed by the Public Prosecutor, who has not filed any counter affidavit. Other opposite parties have chosen not to file any counter affidavit.3. By the impugned order dated 2.6.2009 under Annexure-2 to the writ petition, the Public Prosecutor has withdrawn Mr. Swapnananda Pattanaik, who is the petitioner in the case and was working as APP in the Court of Ad hoc Additional District Judge Track I, Puri, from appearing the said Court. The petitioner was appointed as an APP by the Government of Orissa in terms of the powers conferred on it under Section 25, CrPC. Such appointment is to be made in accordance with the Orissa Law Office...
Markaradhwaj Behera Vs. Satyanath Mahanta and anr.
Court: Orissa
Decided on: Nov-17-2009
Reported in: 2010(I)OLR154
A.S. Naidu, J.1. The order of conviction and sentence passed by learned S.D.J.M., Rairangpur in I.C.C. No. 39/1992 which was confirmed by learned Addl. Sessions Judge, Rairangpur in Crl. Appeal No. 116/92 of 1997-95 is assailed in this Crl. Revision invoking inherent jurisdiction of this Court under Section 397 read with Section 401 of the Cr.P.C.2. Opp.party No. 1 filed a complaint petition, inter alia, alleging commission of offences under Section 138 of the Negotiable Instruments Act and the said complaint petition was registered as I.C.C. No. 39/92 in the Court of S.D.J.M., Rairangpur. It was alleged that a cheque issued by the petitioner for an amount of Rs. 14,000/- payable at Canara Bank, Telegaon Branch when tendered bounced on 26.6.1992 with an endorsement 'insufficient funds in the account'. It was averred in the complaint petition that a lawyer's notice was issued by registered post to the petitioner, but then the same returned to the complainant with an endorsement that the...
Duryodhan Sunamajhi and 5 ors. (In Jail Custody) Vs. State of Orissa
Court: Orissa
Decided on: Nov-17-2009
Reported in: 2010(I)OLR47
C.R. Dash, J.1. Heard.2. One Swami Laxmanananda Saraswati and four others were, done to death on 23.8.2008 at about 7.55 P.M. at Jaleshpata Ashram by a mob of about 20/25 persons armed with guns. The present petitioners are alleged to be the principal conspirators and authors of the crime and they are accused of offence punishable under Sections 449/302/380/120-B/34 I.P.C. read with Sections 25 and 27 of Arms Act. The issue of the murder of Swami Laxmanananda Saraswati and his associates gave rise to communal tension and immediate riot in the district of Kandhamal.3. Trial in the case has already commenced and some of the witnesses have already been examined.4. Mr. P.C. Chhinchani, learned Counsel for the petitioners takes me through the evidence of Uttam Gauntia, Birendra Kanhar and Mahasingh Kanhar, already examined in the Court below to drive home his contentions that-(i) There is nothing on record to connect the present petitioners with the offence alleged and the aforesaid witness...
The Divisional Manager, Oriental Insurance Co. Ltd. Vs. Minka Munda an ...
Court: Orissa
Decided on: Nov-16-2009
Reported in: 2009(II)OLR982
ORDERS.C. Parija, J.1. This appeal by the Insurance Company is directed against the judgment/award dated 27.8.2008, passed by the First Motor Accident Claims Tribunal, Keonjhar, in M.A.C.Case No. 288 of 2006, awarding an amount of Rs. 1,43,440/- as compensation along with interest @9% per annum, from the date of filing of the claim application, till payment.2. Learned Counsel for the appellant submits that no extra premium having been paid to cover the risk of labourer travelling in a tractor-trolley, the liability to pay the compensation amount cannot be saddled on the present appellant. In this regard, it is submitted that the assessment of the compensation amount is not proper and justified and the award ' of interest @9% per annum is highly excessive.3. On a perusal of the impugned award it is seen that learned Tribunal has taken into consideration the evidence on record both oral and documentary including the police papers, in coming to hold that the driver of the offending tracto...
National Insurance Company Ltd. Vs. Kalyani Nayak and anr.
Court: Orissa
Decided on: Nov-13-2009
Reported in: 109(2010)CLT262; 2010(I)OLR114
B.N. Mahapatra, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') filed by the Insurance Company against the award/judgment dated 27.12.1997 passed by the 2nd Motor Accident Claims Tribunal, Cuttack, (hereinafter referred to as 'the Tribunal') in Misc. Case No. 1409 of 1991.2. The case of the claimant-respondent No. 1 before the learned Tribunal in short is that on 18.11.1991 at about 9.30 P.M., the deceased while going from Kendrapara to Pattamundai by a Hero Honda motorcycle, a car bearing Registration No. ORA 1599 coming from backside at a terrific speed without blowing horn dashed against his motorcycle near Mulabasanta. As a result, the deceased was thrown away and sustained severe injuries on his person. Immediately thereafter, he was shifted to Pattamundai P.H.C. where he died after sometime. He was thirty years old at the time of his death and was earning Rs. 2,500/- per month from private service. The family members of the deceased...
Deepak Kumar Dash Vs. State of Orissa
Court: Orissa
Decided on: Nov-12-2009
Reported in: 2010(I)OLR227
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 27.4.1999 passed by the learned 1st Additional Sessions Judge, Cuttack in Sessions Trial No. 220 of 1997 convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay fine of Rs. 25,000/- in default to undergo R.I. for two years.2. The case of the prosecution is that on 17.10.1996 at about 3 P.M., the father of the informant (P.W.3) had been to his land to put 'GARVANA STICK', but he did not return. The informant went in search of his father and found him lying in the maize field having injuries on his head and neck. He lodged F.I.R. before the Kissannagar Police Station suspecting the present appellant and his parents to be the assailants of his father. After investigation charge sheet was filed against the present appellant and two others (parents of the appellant).3. The plea of the present appellant is complete denial of the allegations.4. In order to...
Central Inland Water Transport Corporation Employees Cooperative Socie ...
Court: Orissa
Decided on: Nov-11-2009
Reported in: 2009(II)OLR992
R.N. Biswal, J.1. In this writ petition, the petitioners call in question the order dated 25.6.2009 passed by the Commissioner of Endowments, Orissa in Misc. Case No. 26 of 2008 arising out of O.A. No. 162 of 2002 dismissing the application under Order 9, Rule 13 of C.P.C.2. As per the writ petition, the petitioners were inducted as tenants over the disputed premises by opp. party No. 3, who was in occupation of the same premises by then. The said opp. party filed a petition under Section 25 of the O.H.R.E. Act giving rise to O.A. No. 162 of 2002 before the Court of Commissioner of Endowments, Orissa for their eviction from the said premises. The present petitioners, who were opp. parties in O.A. No. 162 of 2002 remained ex-parte on 7.4.2008. The matter was heard ex-parte and the ex-parte order was passed on 21.7.2008. One Niranjan Pati filed a petition under Order 9, Rule 13 of C.P.C. along with a petition under Section 5 of the Limitation Act for condonation of delay and setting asid...
Oriental Insurance Company Ltd. Vs. Gouranga Charan Behera and anr.
Court: Orissa
Decided on: Nov-11-2009
Reported in: 109(2010)CLT71
B.N. Mahapatra, J.1. This is an appeal Under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') filed by the Insurance Company challenging the legality & propriety of the Order Dated 28.11.2000 passed by the 2nd. Motor Accident Claims Tribunal, Cuttack, (for short 'the Tribunal'). In Misc. Case No. 1041 of 1990, by which the Appellant Insurance Company has been directed to pay a sum of Rs. 70,000 to the claimant-Respondent with a consolidated cost of Rs. 250 along with interest @ 6% per annum from the date of filing of the claim petition before the Tribunal, i.e., 7.11.1990 till its realization.2. The case of the claimant-Respondent before the Tribunal in nutshell was that on 22.8.1990 while he was travelling in a bus bearing Registration No. OSU 4257 from Cuttack to his village Nimbera at about 2.30 P.M. the left side rear wheel tyres of the bus were suddenly burst, as a result of which the check plates of the bus over the said wheels moved upwards violently & hit again...
Sub-collector-cum-returning Officer Vs. Sri Pradipta Kumar Naik
Court: Orissa
Decided on: Nov-11-2009
Reported in: 2009(II)OLR961
R.N. Biswal, J.1. The petitioner, in this writ application, challenges the legality of the order dated 5.4.2007 passed by learned Sessions Judge, Bhawanipatna in Criminal Revision No. 49 of 2006 confirming the order dated 26.6.2006 passed by the S.D.J.M. Bhawanipatna in 2 (c) CC No. 9 of 2006 refusing to take cognizance of the offence under Sections 33-A/125-A of the Representation of the People Act, 1951 (hereinafter referred to as 'R.P. Act') read with Section 177 of I.P.C.2. As per the writ petition, opp. party contested the 2004 Assembly Election from 99-Bhawanipatna (S.C.) Assembly Constituency. He filed the nomination papers along with two affidavits one in Form No. 26 of the Election Rules and the other in the format prescribed by the Election Commission in its order dated 27.3.2003. In the affidavit in Form No. 26, a candidate is required to furnish the following information :(I) Pending cases in which charges have been framed for the offence punishable with imprisonment for tw...
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