Orissa Court March 2010 Judgments

Arjun Kalasi. Vs. State of Orissa

Court: Orissa

1. The appellant has assailed the judgment and order dated 18.12.1999 passed by the learned Sessions Judge, Bolangir in S.C. No. 73- B of 1998 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The case of the prosecution is that Samaru Barik (P.W.1) orally reported before Khaparakhol Police Station on 14.06.1998 that on the same day at about 8.00 A.M. while deceased Akshaya Barik was taking the goats of his master for grazing, the accused-appellant assaulted him in presence of P.W.4 and one Bipin Bariha by means of a tangia (axe) near an electric pole in his village causing serious bleeding injury on the neck which resulted in the death of the deceased on the spot. Hearing the occurrence, both the parents and uncle (P.W.1) of the deceased rushed to the spot and found him lying on the spot with injury on his neck. In absence of the O.I.C., the A.S.I. (P.W.9) reduced the oral report to writing, registered the case and proceeded with the investig...

Bhanja MundA. Vs. State of OrissA.

Court: Orissa

This is an appeal of a prisoner to set aside the judgment and order dated 30.10.1998 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No.110 of 1996 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.2. Case of the prosecution, as revealed from the FIR, is that on 04.02.1996 at about 11.00 PM appellant took the deceased from her house saying that she was required by the Ward Member. As for a pretty long time she did not return home, her son Laxman Munda (P.W.9 the informant) and her daughter went in search of her towards the house of the Ward Member but to their utter surprise they found her lying dead in front of the house of one Birsingh Munda. There was cut injury on the neck of the deceased and the dead body was lying in a pool of blood. Seeing this, the informant and his sister returned home and intimated the same to the villagers. On the following day, the informant went to the house of the 2appellant to know the real cause...

Divisional Manager, Do-iii, the New India Assurance Co. Ltd. Vs. Raja ...

Court: Orissa

Reported in: 2010(I)OLR686

ORDERM.M. Das, J.1. Heard learned Counsel for the parties.2. The appellant insurer has called in question the award passed by the 5th M.A.C.T. Nayagarh in MAC No. 56 of 2006 on 29.7.2008.3. Mr. N.S. Ghose, learned Counsel for the appellant submits that a head on collision occurred between a Truck and a Indica Car. The deceased was travelling in the Indica Car. The appellant is the insurer of the truck, which was involved in the accident. The learned Tribunal should have considered as to what extent each of the vehicles was responsible for the accident cause. According to him, the care involves a question of composite negligence and the appellant cannot be solely made liable to pay compensation amount.4. A bare perusal of the impugned award shows that no such case is made out by the appellant even in its written statement filed before the Tribunal. The plea taken by the appellant before the Tribunal was that in the absence of any policy particulars, the insurer is not liable to pay any ...

Sri Kelu Charana Jena and ors. Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR682

B.K. Nayak, J.1. Order dated 30.06.2006 passed by the learned C.J.M., Jagatsinghpur in G.R. Case No. 374 of 2001 exercising power under Section 319, Cr.P.C. and issuing summons to the present petitioners to stand their trial is the subject matter of challenge in this revision.2. In G.R. Case No. 374 of 2001 before the C.J.M., Jagatsinghpur one Rabindra Nath Jena was facing trial for alleged commission of offences under Sections 341/323/294/506 of the I.P.C. During course of trial, the A.P.P. filed a petition under Section 319, Cr.P.C. stating that the evidence have been brought out against Kelu Ch. Jena, Dillip Kumar Jena, Ranjan Jena and Chita Jena (petitioners) for commission of offences by them and the names of the said persons also appeared in the F.I.R. and, therefore, they be summoned to face the trial. On consideration of the materials and evidence on record, the Court below came to hold that the present petitioners have committed the offences alleged in the instant case and, th...

Utkal Social and Cultural Association and anr. Vs. State of Orissa and ...

Court: Orissa

Reported in: 2010(I)OLR691

B.K. Patel, J.1. In this writ application, the petitioners seek to quash the proceeding in OPP Case No. 2 of 2007 (L) initiated under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short 'the OPP Act') of the Court of Estate Officer.2. The petitioner No. 1 is a society registered under the Societies Registration Act and petitioner No. 2 is the Secretary of the society. The society is in occupation of government land measuring an area of 0.30 decimals, out of total area of 0.83 decimals under plot No. 385 in khata No. 348 of mouza BJB Nagar, Unit-29, Bhubaneswar. It is contended that the O-Ps., without initiating any proceeding for eviction under the Orissa Prevention of Land Encroachment Act, 1973 which provides for settlement of land under Section 8-A, issued notice under Annexure-1 under the OPP Act directing the petitioners to show-cause as to why the petitioners shall not be evicted from the land occupied by them. In response to the said notice, Peti...

Divisional Manager, United India Insurance Co. Ltd. Vs. Nagendra Sethi ...

Court: Orissa

Reported in: 110(2010)CLT45

B.N. Mahapatra, J.1. These ten appeals are directed against Orders Dated 30.04.1996 passed in Misc. Case Nos. 47/88 (C) 94/92, 37/86(C) 94/92, 35/85(C) 94/92, 62/84(0)94/92 & 38/87(C) 94/92 by the 3rd MACT-cum-Additional District Judge, Balasore (for short 'the Tribunal').2. Since all these appeals involve common question of law, with consent of the Learned Counsel for the parties, they were heard analogously & are disposed of by this common Judgment.3. The facts & circumstances giving rise to these appeals are that in the above five misc. cases the legal heirs of the deceased persons, who died in a vehicular accident on 14.06.1992 because of head on collision between a trekker & a truck, filed claim petitions before the Tribunal for compensation under the Motor Vehicle Act, 1988 (for short 'the Act 1988'). Thereafter, the legal heirs of the deceased filed applications Under Section 140 of the Act 1988 for interim relief of Rs. 50,000 (rupees fifty thousand) under 'no fault liability'....

Geetanjali Pattnaik Vs. District Judge and anr.

Court: Orissa

Reported in: 110(2010)CLT39

I.M. Quddusi, A.C.J.1. Since these three Writ Petitions have been filed on self-same facts claiming identical relief, they were heard analogously & are disposed of by this common order.2. Facts leading to filing of these Writ Petitions are that pursuant to an advertisement dated 28.6.2002, the District Judge, Balasore-Bhadrak, Balasore invited applications in plain papers from eligible candidates, Inter alia, to fill up five posts of Junior Stenographers In the judgeship of Balasore - Bhadrak out of which one was reserved for S.T., one was for S.T. (Woman) & three for General candidates. Pursuant to the advertisement, the Petitioners applied for the said post. After holding the interview & test, a merit list vide Annexure-2 was prepared in which the name of the Petitioners found Petitioners found place at serial No. 8, 7 & 15 respectively. After recruitment, appointment orders were issued to three general candidates & one S.T. candidate who joined the posts & within one year of selecti...

Sundhu Naik. Vs. State of OrissA.

Court: Orissa

1. This Jail Criminal Appeal is directed against the judgment and order dated 30.11.1998 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 243 of 1996 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The case of the prosecution is that on 29.08.1996 at about 7.30 P.M., the informant(P.W.1) while returning from his in-law's house saw his father lying injured on the road leading to the house of the accused-appellant. His mother, sister and other persons, who had gathered there, as well as his injured father informed him that the appellant called him on the pretext of taking liquor and caused injuries on his person by means of a 'Dauli'. Thereafter, he with the help of others shifted his injured father to his house, but in the same night his father succumbed to the injuries. On the next morning, P.W.1 along with the Choukidar went to Mahulapada Police Station and orally reported the matter before the police (P.W.16...

Kalyan Sahu Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT607

Sanju Panda, J.1. In this Writ Petition, the Petitioner has challenged Rule 3 of the Orissa Minerals (Prevention of Theft, Smuggling & Illegal Mining & Regulation of Possession, Storage, Trading & Transportation) Rules, 2007 (in short, '2007 Rules') as ultra vires of the Constitution of India & 2007 Rules de hors Section 23C of the Mines & Minerals (Development & Regulation) Act, 1957 (in short, 'the Act').2. The facts, as narrated in the Writ Petition, are as follows: The coal licence was granted in favour of the Petitioner in the year 1995 & the same was being renewed from time to time. In the renewal licence, one of the conditions was that the Petitioner would fulfill the requirement of coal by the local public/retailer on priority basis. The said licence of the Petitioner was renewed on 1.2.2007. While the matter stood thus the Petitioner applied for renewal of licence before completion of the licence period. Accordingly, his licence was renewed on 4.9.2007 for a period of two year...

Biranchi Narayan Meher and ors. Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT601

Sanju Panda, J.1. Since both the Writ Petitions involve common questions, they were heard together & are being disposed of by this common Judgment.2. In both the Writ Petitions, the Petitioners who are Special Class Contractors have challenged the Tender Call Notice published by the Superintending Engineer, Upper Indrabati Right Canal Circle, Kalahandi bearing Identification No. SE RCC, UIIP-01/2009-2010 (01-05) for execution of 5 numbers of works on the ground that the same violates the provision of the Orissa Public Works Dept. Code (in short, OPWD Code), direction of the State Govt. & the principle of natural justice.3. From the facts narrated in these Writ Petitions, it appears that both the Petitioners obtained a certificate in Form B of Certificate of Registration Under Rule 6 of the P.W.D Contractors Registration Rules 1967 bearing registration Nos. 1615 of 1988-89 & 5605 of 2004-05 respectively & the same were renewed from time to time. The last renewal is valid up to 31.3.2012...