Orissa Court August 2009 Judgments
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Sana Alias Sanatan Alias Dhaneswar Samal Vs. State of Orissa
Court: Orissa
Decided on: Aug-06-2009
Reported in: 2010CriLJ299
A.S. Naidu, J.1. The judgment and order of conviction dated 2-11-2002 passed by the learned Addl. Sessions Judge. F.T.C.-II s Cuttack, convicting the accused-appellant under Section 302, IPC and sentencing him to undergo R.I. for life in S.T. No. 461 of 2001 - is assailed in this Criminal Appeal.2. The prosecution case in brief is that on 19-10-2000 at about 5.30 p.m. while one Prafulla Sarhal husband of the informant was proceeding to bazaar the appellant stabbed him by means of a knife near 'Kuliagada Chhak', thereby causing bleeding injuries on his person. It was alleged that for some time in past the appellant had forcible sexual intercourse with the informant on several occasions with a threat that he will kill her husband and children if she do not cooperate, so that he can keep the informant with him for all times. It appears that the informant had reported the matter to the village Punch and a meeting was convened. In the said meeting the appellant was cautioned not to repeat t...
Samal Builders Pvt. Ltd. Vs. Board of Trustees of Paradip Port, Paradi ...
Court: Orissa
Decided on: Aug-06-2009
Reported in: 109(2010)CLT219
Sanju Panda, J.1. This writ application has been filed by the Petitioner for issuance of a direction to the Opp. Parties to allow the differential cost taking into account the prevailing market rates or in alternative to close the contract after settling & paying all the dues of the Petitioner & not to impose penalty for non-completion of work.2. The Petitioner, a Private Limited Company registered under the provisions of the Companies Act, 1956 which is engaged in construction business entered into a contract with Opposite Party No. 1 on 14.6.2007 for execution of the execute the work 'Modification to existing PPT Road from Gate No. 4 to Sandhakud Basti at Paradip Port'.3. The Opp. Parties directed the Petitioner to commence the work from 23.6.2007 & complete the same by 22.3.2008. The work order was allotted on 14.6.2007 vide Annexure-1 to the Writ Petition. Though the date of commencement of the work was 23.6.2007, the Opp. Parties could not hand over the site to the Petitioner-Comp...
Kuni Lata Sahoo Vs. Senior Divisional Manager, L.i.C. of India and anr ...
Court: Orissa
Decided on: Aug-06-2009
Reported in: 109(2010)CLT94
S.C. Parija, J.1. The widow of the deceased insured has filed this Writ Petition assailing the action of the Life Insurance Corporation of India (for short 'L.I.C.') in repudiating all liabilities under the insurance policy bearing No. 580572572 on the ground that the deceased insured had withheld correct informations regarding his health at the time of effecting the insurance policy with L.I.C. Accordingly the Petitioner has prayed for quashing of the letter of repudiation dated 18.3.1997 (Annexure-6) & to direct payment of the sum assured under the said policy.2. The brief facts of the case is that the husband of the Petitioner Babaji Charan Sahoo submitted a proposal for taking a life insurance policy with the L.I.C, Branch Office, Nimapara, in the district of Puri, on 21.2.1992.The proposal was accepted by the L.I.C. on 28.3.1992 & the insurance policy bearing No. 580572572 for an assured sum of Rs. 40,000 was issued by the L.I.C. in favour of the insured. The insured Babaji Charan...
Aska Co-operative Sugar Industries Ltd. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Aug-05-2009
Reported in: 108(2009)CLT531; (2010)27VST551(Orissa)
B.P. Das , J.1. The Petitioner company, i.e. Aska Co-operative Sugar Industries Ltd., has in the present Writ Petition challenged an order of assessment dated 12.02.2007 passed by the Sales Tax Officer, M Bhanjanagar Circle, Bhanjanagar under Annexure-1 for the assessment period 01.04.2005 to 31.03.2006.2. The brief facts leading to this Writ Petition are as follows: The Petitioner, which is engaged In the business of manufacturing sugar, is a registered dealer bearing TIN 21201901913 under the jurisdiction of the Sales Tax Officer, Bhanjanagar- Opposite Party No. 1. During the assessment period 2005-06, the Petitioner filed its return under Value Added Tax Act, 2004 (OVAT Act) & paid the admitted tax. Thereafter the Sales Tax Officer issued a notice in VAT Form 307 for assessment of tax on the allegation of 'escaped turnover' under Sub-Rule (1.) of Rule-50 of the OVAT Rules, 2005. The Petitioner appeared before the Sales Tax Officer on 12.02.2007 & challenged his jurisdiction to issue...
Jajati Kesari Biswal Vs. State of Orissa
Court: Orissa
Decided on: Aug-05-2009
Reported in: 2009(II)OLR650
Indrajit Mahanty, J.1. The question that arises for consideration in the present revision is as to whether the petitioner who has already been charge-sheeted by the learned S.D.J.M., Bhubaneswar can be made to face trial for the selfsame offence before the learned S.D.J.M., Bolangir and further, as to whether learned S.D.J.M., Bolangir has necessary jurisdiction to take cognizance of the offence which did not take place within his territorial jurisdiction.2. Mr. Panda, learned Counsel appearing for the petitioner submitted that no part of the alleged offence occurred within the territorial jurisdiction of the learned S.D.J.M., Bolangir and in the absence of such fact, the learned S.D.J.M., Bolangir has no jurisdiction to pass any order of cognizance in the matter. In support of his contention, Mr. Panda placed reliance upon the decision of the Supreme Court in the case of Premkumar and Ors. v. State of Kerala (2009) 42 OCR 550 (SC) as well as in the case of Y. Abrahama|lth and Ors. v. ...
Keshab Chandra Das and anr. Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Aug-05-2009
Reported in: 2009(II)OLR807
L. Mohapatra, J.1. Both the petitioners in W.P. (C) No. 4242 of 2007 were applicants before the Central Administrative Tribunal, Cuttack Bench in O.A. No. 1173 of 2004. The said Original Application having been dismissed by the Tribunal by order dated 7.7.2006, they have approached this Court challenging the same. The Railway administration has also challenged the operating part of the said judgment in W.P.(C) No. 16151 of 2006.2. Both the applicants who are Diploma Holder in Civil Engineering in pursuance of an advertisement issued by the Railway Recruitment Board (RRB), Bhubaneswar, applied for being appointed as I.O.W. Grade-III and having been selected for the post, they joined in the year 1994. A notification was issued on 5.3.2001 for formation of Group-B panel for the post of AEN (Group-B) through a process of limited Departmental Competitive Examination against 34 vacancies of the Civil Engineering Department. Those who had completed five years of regular service in the scale o...
Dr. Shailendra Kumar Tamotia Vs. Republic of India
Court: Orissa
Decided on: Aug-05-2009
Reported in: 2010CriLJ196
Indrajit Mahanty, J.1. The appellant has been convicted by the Special Judge (CBI), Bhubaneswar vide his judgment dated 26-2-2009 passed in T.R.No. 151 of 1999 under Section 13(2) of the Prevention of Corruption Act, 1988 on reaching a finding that the appellant had failed to explain the property worth Rs. 8,36,674.00. The trial Court found that during the relevant period the Appellant had earned income amounting to Rs. 5,74,881.00, whereas the amount of property found in his possession was determined to be worth Rs. 14,11,555.00 and since the appellant had failed to offer any explanation about the property worth Rs. 8,36,674.00; he was held guilty of possessing disproportionate assets and was sentenced to undergo R.I. for three years and to pay a fine of Rs. 50,000.00 and in default, to undergo R.I. for three months.2. The appellant has filed Criminal Appeal No. 99 of 2009, along with Misc. Case Nos. 309 and 310 of 2009 for bail as well as stay of realization of fine. By order dated 1...
Geja Sabar Vs. State of Orissa
Court: Orissa
Decided on: Aug-04-2009
Reported in: 2009CriLJ4685
S.C. Parija, J.1. This appeal by the accused-appellant is directed against the judgment dated 11-5-2005 passed by the Addl. Sessions Judge, Rourkela, in Sessions Trial No. 120/14./2004, holding the accused guilty of offence under Section 302 IPC and convicting him thereunder.2. The case of prosecution, in brief, is that the accused, who is a married person had fallen in love with his neighbour Rengi (P. W. 2) a 16 year old girl, who actually loved one Bijaya Prasad (P. W. 10), which was resented by the accused. In the night of 24/ 25-12-2003, the mother of Rengi had gone to her native place leaving behind her daughter and two younger children. In that night, Rengi (P. W. 2) was talking with her boy friend Bijaya Prasad (P. W. 10) upto 10 p.m. and seeing this the accused Geja Sabar abused Bijaya Prasad (P. W. 10) as to why he was talking with Rengi (P. W. 2) upto such late hour in the night and cautioned him. The accused then came to Rengi and also charged her why she was talking with b...
Sarbeswar Bharati Vs. State of Orissa
Court: Orissa
Decided on: Aug-03-2009
Reported in: 2009(II)OLR664
ORDERR.N. Biswal, J.1. Though this case was listed to date for admission, on the consent and request of learned Counsel for both the parties, it is taken up for hearing and the following order is passed.2. Heard learned Counsel for the petitioner and learned Addl. Govt. Advocate on the petition under Section 482 of Cr.P.C.3. The petitioner is an accused for the offence under Sections 354/506 of I.P.C. where under cognizance was taken and summons were issued against the petitioner on 16.3.1991 fixing the case to 6.5.1991 for his appearance. The said order of taking cognizance and issue of process against the petitioner are under challenge before this Court..4. Learned Counsel for the petitioner submits that on perusal of the F.I.R. it is found that on the date of occurrence i.e. on 30.1.1991 at about 12.30 P.M. while the daughter of the informant had been to a nearby tube well to fetch water co-accused Kalia @ Kuber Bharati did not allow her to bring water and as such there was hitch be...
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