Orissa Court February 2009 Judgments
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New India Assurance Company Ltd. Vs. Muralidhar SwaIn and ors.
Court: Orissa
Decided on: Feb-04-2009
Reported in: 107(2009)CLT245
B.N. Mahapatra, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter called as 'the MV Act') filed by the New India Assurance Company Limited challenging the Judgment and award dated 25.05.2005 passed by the Second Motor Accident Claims Tribunal, Cuttack (hereinafter called as 'the Tribunal') in Misc. Case No. 432/1993.2. The short fact of the case, as stated by the claimant- Respondents in their claim petition, is that on 13.01.1993 at about 1.00 P.M. deceased-Ganeswar Swain while proceeding on a bi-cycle on the left side of the Express Highway, at Laxminarayanpur stoppage near Chhata, at about 1.00 P. M., the offending truck bearing Registration No. ORY-491 came at a very high speed without blowing horn in a most rash and negligent manner and dashed against the deceased, as a result of which, the deceased was thrown at a distance and sustained serious injuries. The deceased was taken to Chhata hospital for treatment and thereafter because of his alarm...
All Orissa Car Taxi Owners and Drivers Mahasangha Vs. State of Orissa ...
Court: Orissa
Decided on: Feb-03-2009
Reported in: 107(2009)CLT662
Indrajit Mahanty, J.1. The All Orissa Car Taxi Owners and Drivers Mahasangha and various members of the said association have filed the present writ application seeking to challenge the Constitutional validity of the Orissa Motor Vehicles Taxation (Amendment) Act, 2004 (in short the OMVT Act).2. It is averred that the Act was published in the Orissa Gazette and come into force on 25.2.2005, whereby the rate of tax stipulated in Schedule-I (renumbered as Schedule-Ill) was substantially enhanced.3. The contention of Sri J. Pal, Learned Counsel appearing for the Petitioners was that in view of the proviso to Sub-section (2) of Section 3 of Orissa Motor Vehicles Taxation Act, 1975, the State Government cannot increase the rate of tax in Schedule-I in derogation to said proviso.Section 3 of OMVT Act is quoted below:3. Levy of Tax - (1) Subject to the other provisions of this Act, there shall be levied on every motor vehicle used or kept for use within the State a tax at the rate specified i...
Smt. Sansari Samal Vs. Smt. Puspalata Parida and anr.
Court: Orissa
Decided on: Feb-03-2009
Reported in: 107(2009)CLT764
M.M. Das, J.1. The Petitioner is the returned candidate to the office of Sarpanch of Nagiapasi Grama Panchayat. The election of the Petitioner has been challenged by the Opp. Party No. 1 on the ground that the Petitioner was not eligible to contest the said election as she is not able to read and write Oriya. The said election dispute was numbered as Election Petition No. 37 of 2007 and was ultimately allowed on 12.3.2008 by the Learned Civil Judge (Junior Division), Dhenkanal. The Election Tribunal while declaring the election of the Petitioner to be null and void, further directed that the election Petitioner (Opp. Party No. 1) having obtained the next highest number of votes, is declared as elected to the post of Sarpanch. The Petitioner being aggrieved by the said order, preferred FAO No. 6 of 2008 before the Learned District Judge, Dhenkanal, who, while confirming the order of the Election Tribunal with regard to declaration of the election of the Petitioner as null and void, reve...
Padma Charana Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-03-2009
Reported in: 2009CriLJ2585
B.S. Chauhan, C.J.1. This writ petition has been filed for quashing of ICC No. 83 of 2005 pending before the J.M.F.C. (Paradip), Kujang and also for quashing of G.R. Case No. 1884 of 2004 arising out of Madhupatana P.S. Case No. 323 of 2004, pending before the S.D.J.M., Sadar, Cuttack.2. The facts and circumstances giving rise to this case are that the petitioner, an employee of this Court, after the death of his first wife petitioner had an illicit relationship with one Nirmala Behera, D/o. Fakir Behera with a promise to marry her and kept sexual relationship with her which caused her to conceive, and on the pretext of medical check up caused miscarriage without the knowledge of the lady and on coming to learn about that Nirmala had lodged an FIR at Madhupatana P.S. under Section 313, IPC against the petitioner. Even thereafter petitioner prevailed upon Nirmala promising to marry her on 13-2-2005 and motivated her to bring Rs. 70,000/- from her father. On such amount being paid, it is...
Sri Biswa Bhusan Das Vs. Taxing Officer-cum-regional Transport Officer ...
Court: Orissa
Decided on: Feb-03-2009
Reported in: AIR2009Ori142; 107(2009)CLT853
M.M. Das, J.1. The Petitioner claims to be the registered owner of the vehicle, which is a TATA Tipper bearing registration No. OR-09-B-9066, having purchased the same from M/s. Ores India Private Limited at Chainbasa, Jharkhand.2. The case of the Petitioner is that M/s. Ores India Pvt. Ltd. which has its office at Barbil in the State of Orissa purchased the aforesaid vehicle and registered the same at Keonjhar. The said company paid its road tax regularly. The said vehicle was taken to Chainbasa of Jharkhand State in the month of September, 2003 for which No Objection Certificate was issued by the Taxing Officer to the Taxing Officer at Chainbasa. Thereafter, the Petitioner states that it paid road tax from October, 2003 to June, 2008 at Chainbasa as tax till September 2003 was paid at Keonjhar to the Opp. Party No. 1. In the month of August, 2008, the Petitioner purchased the said vehicle and transfer of the vehicle was allowed by the District Transport Officer, Singhbhum, Chainbasa ...
Lokanath Mahapatra and ors. Vs. Registrar Representing Berhampur Unive ...
Court: Orissa
Decided on: Feb-02-2009
Reported in: 107(2009)CLT239
1. Heard further argument from Learned Counsel for the Petitioners in each of the Writ Petitions and Learned Counsel for Berhampur University and the Judgment is as follows:2. Shri Lokanath Mahapatra is the Petitioner in O.J.C. No. 9712 of 1993. The undisputed case between the parties is that pursuant to the Notification, Annexure-B/1 dated 7.11.1986, the Employment Exchange was asked to sponsor candidates to fill up the posts of Junior Assistant in the Berhampur University in the scale of pay of Rs. 780-1160/-. The case of the Petitioner was sponsored by Employment Exchange and Mr. Mahapatra was selected by the University, and granted appointment. He submitted his joining report on 11.3.1987. His pay was fixed at initial stage as advertised. Two years after,, i.e., in the year, 1989, he claimed for protection of his pay in the erstwhile employment, i.e., in Berhampur Cooperative Central Bank, in view of the General Order issued by the Finance Department in F.D. No. 31504/F dated 16.6....
State of Orissa Vs. Mulia Adapadia
Court: Orissa
Decided on: Feb-02-2009
Reported in: 107(2009)CLT747; 2009(I)OLR548
L. Mohapatra, J.1. This appeal at the instance of the State is directed against the judgment and order recorded by the learned Sessions Judge, Koraput-Jeypore in Sessions Case No.110 of 1994 acquitting the respondent of the charge under Section 302, I.P.C.2. The case of prosecution is that on 28.11.1993 in the evening while the informant (P.W.1) was in his threshing-floor, his wife, P.W.2, informed him that the respondent stabbed the deceased (his younger brother) and the deceased was lying dead in front of their house. After receiving the Information, P.W.1 came to the spot and found the deceased lying dead in front of his house. He rroticed bleeding injury on the chest of the deceased. He also saw the respondent sitting near the dead body. A Panchayat was convened and in presence of the villagers and the Panchayat, on being questioned, the respondent confessed to have killed the deceased by means of a knife. After the respondent confessed his guilt and produced the weapon of offence,...
Babu @ Prabhat Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-02-2009
Reported in: (2009)107CALLT496(NULL)
1. Heard further argument and the Judgment is as follows.2. The Appellant together with Kishore Kumar Mohanty and Manmohan Pradhan faced trial in the Court of Sessions Judge, Khurda at Bhubaneswar In S.T. Case Nos. 50/3/51 of 1997, arising out of G.R. Case No. 2689 of 1995 of the Court of S.D.J.M., Bhubaneswar. Amongst the aforesaid three accused persons, the Appellant and accused Kishore were charged for the offence under Sections 302/34 I.P.C. with the allegation that in the night of 23rd August 1995 at about 10.50 P.M. they along with the absconding accused Chitti @ M. Harihar Rao intentionally committed murder of Sayed Mahammed Anjum and thereby committed offence under Section 302/34 I.P.C. Accused- Manmohan Pradhan was charged under Section 212 I.P.C. with the allegation that during the course of absconding, he harbored absconding accused fully knowing his complicity in the murder of the deceased. Appellant and the co-accused facing the trial denied to the charge and claimed for t...
Hari Shankar Meher Vs. State of Orissa
Court: Orissa
Decided on: Feb-02-2009
Reported in: (2009)107CALLT518; 2009CriLJ1984
Sanju Panda, J.1. This appeal is directed against the Judgment dated 5.12.1998 passed by the Learned Sessions Judge, Phulbani in Sessions Trial No. 27 of 1996 convicting the Appellant under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life.2. The prosecution case, in brief, is that there was a prior dispute between the deceased-Hadibandhu Danta and the accused persons, namely, Hari Sankara Meher, Giri Behera, Tulasa Meher and Maheswar Meher in respect of Baunsuni Grama Panchayat Election. Hadibandhu Danta, the deceased, was a supporter of Congress (I) party and the Appellant along with other accused persons were the supporters of Janata party. The record reveals that the Appellant was in search of an opportunity to take drastic action against the deceased due to ill-feelings at the time of Election. On 2.8.1994 when the deceased along with Bhubana Meher (P.W.3) and Dolamani Behera (P.W.4) were going in two bicycles from the hospital chhak of Baunsuni towards...
Gadadhar Dehury and ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-02-2009
Reported in: 2009(I)OLR838
L. Mohapatra, J.1. All the appellants having been convicted for commission of the offences under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life by the learned Sessions Judge, Dhenkanal-Angul in S.T. Case No. 79 of 1993 have preferred this appeal.2. The case of the prosecution is that accused Gadadhar Dehury had a daughter, namely, Susama Dehury, who fell in love with deceased Girish Naik of the same village and ultimately because of protest from the family members on the ground of caste, in the month of June, 1992 the deceased Girish took away Susama (P.W.9) from the village and got married to her in a Court at Hindol. Thereafter, they came back to the village and stayed in the house of the deceased. On account of the above, there was ill feeling between accused Gadadhar Dehury and the deceased. On 27.10.1992 at about 4.00 P.M. when the deceased had come to the village tank near the house of Gadadhar along with one Saranga and Murali Na...
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