Court : Orissa
Decided on : Jul-23-2003
Reported in : 2003(II)OLR388
..... vehicle, may be, he was employed for a day only. his engagement for one day will not throw him out of the definition of workman under section 2(n) of the w.c. act. section 2(n) further postulates that the persons excluded from definition are those whose employment is not only of casual nature, but who are employed otherwise than ..... was drawn to a decision reported in air 1957 sc 264 (dharangadhra chemical works ltd. v. state of saurashtra and ors.). that was a case under section 2(s) of the industrial disputes act, 1947, where the court distinguished the expressions 'a contract for services' and 'a contract of services'. the said decision will be of no help to ..... casual nature arid who is employed otherwise than for the purpose of the employer's trade or business) who is-(i) a railway servant as defined in section 3 of the indian railways act, 1890 (9 of 1890) not permanently employed in any administrative, district or sub-divisional office or a railway and not employed in any such capacity .....
Tag this Judgment!Court : Orissa
Decided on : Jul-24-2003
Reported in : 2003(II)OLR298
..... apart from that, he did not divulge anything about the incident for long ten days until he was examined by the investigating officer. as defined in section 3 of the indian evidence act, a fact is said to be proved when after considering the matters before it the court either believes it to exist or considers its existence so ..... directed against the judgment dated 7.8.1992 passed by the learned sessions judge, phulbani in sessions case no. 4 of 1992 convicting the appellant santosh kumar bhukta under section 302, ipc and sentencing him thereunder to rigorous imprisonment for life.2. the prosecution story, in brief, is that p.w. 1 pradeep kumar negi lodged a complaint ..... probable that a prudent man ought under the circumstances of the case to act upon the supposition that it exists. therefore, testing the evidence of p.w.2 in the totality of the circumstances of the case on the anvil of probability, .....
Tag this Judgment!Court : Orissa
Decided on : Jul-31-2003
Reported in : 2003(II)OLR241
L. Mohapatra, J.1. The petitioner in this application challenges the grant of lease in respect of sand quarry in favour of opposite party No. 1 by the opposite party No. 2 as well as the order passed by the appellant authority, opposite party No. 12. We have heard Shri S.C. Ghose. learned counsel for the petitioner and the learned Additional Government Advocate. None has appeared on behalf of opposite party No.l in spite of service of notice.3. Case of the petitioner is that on 12.9.2000 he had filed an application before the Sub-Collector, Jharsuguda for grant of lease of sand quarry covering an area of 89.98 acres of land and also offered to extract 10,000 Cubit meters of sand annually on payment of royalty at the prescribed rate of Rs. 5/- per CM. On 21.9.2000 the opposite party No. 1 filed an application for lease of sand quarry covering an area of 184.61 acres of land and offered to extract 3500/10500 CM. for three years on payment of requisite royalty. Grievance of the petitioner...
Tag this Judgment!Court : Orissa
Decided on : Aug-01-2003
Reported in : 2003(II)OLR263
..... help to the prosecution. relying on the sole testimony of the prosecutrix, the court below arrived at the conclusion that the prosecution had proved the charge under section 376(2)(g) ipc against all the accused-appellants beyond all reasonable doubts, found them guilty of the said charge and convicted them thereunder. each of ..... undergo further rigorous imprisonment for three months.5. no doubt the solitary and uncorroborated testimony of a prosecutrix is sufficient to base a conviction for offence under section 376 ipc. but then, such evidence of a solitary witness should inspire confidence in the judicial mind and should be of such nature that the court ..... accused-appellants threatened them. accused- appellant sius forcibly undressed p.w. 1, laid her down on the ground and had intercourse with her. after he finished his act, the other accused-appellants, namely, nepali, lenga, fulchand, mangra, kishore and pramod had sexual intercourse with p.w. 1 one after the other. they threatened p .....
Tag this Judgment!Court : Orissa
Decided on : Aug-01-2003
Reported in : 2003(II)OLR598
..... the appellant and another under sections 302/323/34, ipc. in usual course the case was committed to the court of learned sessions judge whereupon the learned sessions judge upon perusal of the materials ..... to soro hospital for treatment. the accused persons also threatened her brother in law and other family members. on the basis of the said complaint, a case under sections 341/324/506/307/114/34, ipc was registered at the said police station against the appellant and another.4. after usual investigation, police submitted charge sheet against ..... the injury sustained by the deceased as a result of which he fell down senseless on the ground. as the brother in law of the informant objected against such acts, the accused ganda (since acquitted) dealt a blow by a bamboo on his hand and the appellant caught hold of trilochan and beat him on his back. .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2003
Reported in : 2005ACJ1425; 2003(II)OLR644
..... . misra for the appellant, shri j. k. katikia for respondent nos. l to 3 and shri p.p. ray for respondent no. 5.2. this appeal under section 173(1) of the motor vehicles act, 1988 the instance of the insurer is directed against the judgment passed by the asst. labour commissioner-cum-commissioner for workmen's compensation, orissa, bhubaneswar, in w ..... . commissioner framed as many as three issues and came to find that the deceased being the driver of the vehicle was a workman within the meaning of the w.c. act and the accident arose out of and in course of employment and the legal dependants of the deceased are entitled to get compensation. the w.c. commissioner assessed the compensation ..... the w.c. commissioner. the appeals is accordingly dismissed.so far an interest is concerned, it is open to the respondent to approach the w.c. court in terms of section 4-a(3) of the w.c .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2003
Reported in : I(2004)ACC614; 2003(II)OLR432
..... record it came to the conclusion that the trekker is not joint tort-feasor. that apart, there is nothing to indicate that the insurer was permitted under section 170 of the m.v. act to take defence that was available to the owner of the vehicle and in the absence of the same it would not open to the insurance company to .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2003
Reported in : I(2005)ACC664
..... for the appellant, mr. j.k. katikia for respondent nos. 1 to 3 and mr. p.p. ray for respondent no. 5.2. in this appeal under section 173(1) of the motor vehicles act, 1988 the instance of the insurer is directed against the judgment passed by the asst. labour commissioner-cum-commissioner for workmen's compensation, orissa, bhubaneswar, in workmen ..... framed as many as three issues and came to find that the deceased being the driver of the vehicle was a workman within the meaning of the workmen's compensation act and the accident arose out of and in course of employment and the legal dependents of the deceased are entitled to get compensation. the workmen's compensation commissioner assessed the ..... 's compensation commissioner. the appeal is accordingly dismissed.so far as interest is concerned, it is open to the respondent to approach the workmen's compensation court in terms of section 4-a(3) of the workmen's compensation .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2003
Reported in : 96(2003)CLT431; 2003CriLJ4053
..... m. (p), rourkela, (annexure-1) rejecting the applications for bail filed under section 167(2), cr.p.c. by the present petitioners, who are accused of the offences under section 395 of the indian penal code ('ipc' hereinafter) read with sections 25 and 27 of the arms act, in g.r. case no. 70 of 2001, arising out of bondamunda p ..... investigation, in a case where a person has been arrested and detained, with utmost urgency and complete the investigation with great promptitude in the prescribed period. sub-section (2) of section 167 of the code lays down that the magistrate to whom the accused is forwarded may authorize his detention in such custody, as he may think fit, for ..... opinion, as the investigation was completed and charge-sheet filed within the period of 120 days, the question of enlarging the petitioners under the proviso to sub-section (2) of section 167 of the cr.p.c. does not absolutely arise. accordingly, i do not find any infirmity in the impugned order passed by the learned s.d .....
Tag this Judgment!Court : Orissa
Decided on : Aug-06-2003
Reported in : [2006]143STC452(Orissa)
A.K. Patnaik, J. 1. The petitioner filed Second Appeal Nos. 626 and 627 of 1992-93 before the Sales Tax Tribunal, Cuttack against the order dated March 30, 1991 passed by the Assistant Commissioner of Sales Tax, Sambalpur Range, Sambalpur for the year 1987-88. The State of Orissa also filed Second Appeals Nos. 2054 and 2055 of 1992-93 against the said order dated March 30, 1991 of the Assistant Commissioner of Sales Tax, Sambalpur Range, for the year 1987-88. Notice of hearing of the aforesaid second appeals filed by both the petitioner and the State of Orissa were sent to the petitioner at his address at Sambalpur fixing the date of hearing to April 24, 2000. The case of the petitioner is that the business of the petitioner at Sambalpur was closed and the petitioner was at Bhubaneswar when the said notice was sent to his address at Sambalpur and his father received the same and sent the same to the petitioner at Bhubaneswar, but by the time the petitioner received the notice, the hear...
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