Court : Orissa
Decided on : Apr-22-2003
Reported in : 95(2003)CLT700
..... the time of his death. the present case being filed by the father, mother and unmarried sisters, they come within the purview of section 2(1)(d)(iii)(b) & (d) of the act if they are wholly or in part dependant on the earning of the workman at the time of his death. he further submits that ..... judgment, the insurance company has preferred the present appeal.6. in course of hearing, mr. dutta, learned counsel for the insurance company has urged that under section 22 of the workmen's compensation act where an accident occurred in respect of which liability to pay compensation arises, a claim for such compensation is subject to provision of the ..... act. he further submits that section 2(1)(d) of the act defines the types of dependants. the first category mentioned in the aforesaid section are automatically dependants and the second category are to plead and prove as to whether the dependants .....
Tag this Judgment!Court : Orissa
Decided on : Apr-23-2003
Reported in : 2003(I)OLR666
..... without any pre-meditation and it all happened because of hot exchange of words between the appellant and the deceased and, therefore, the offence would come within exception-1 of section 300. i.p.c.the appellant is the nephew of the deceased. there is nothing on record to suggest that the appellant had any intention to cause the death of ..... is sentenced to the period of imprisonment already undergone by him.7. in the result, the appeal is allowed in part. the appellant's conviction under section 302. i.p.c. is altered to one under section 304. part-i, i.p.c. in view of his incarceration for more than eight years, we direct his release forthwith, if his detention is ..... and during such quarrel the appellant gave the fatal blow. in the circumstances we are inclined hold that the appellant is entitled to the benefit of exception-1 of section 300. i.p.c. we. accordingly, hold him guilty under section 304 part-1. i.p.c. and convict him thereunder.for the reasons aforesaid his conviction under .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-2003
Reported in : 2003(II)OLR16
..... to be interfered with.4. on due consideration of the contention of both the parties and keeping in view the provision in section 51 of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972 (in short 'the act') it is seen that the jurisdiction of the civil court has been barred relating to decision on dispute relating to all ..... by the consolidation authorities has to be respected until it is found to be illegal or incorrect. therefore, the learned district judge without visualising the provision of law appropriately has acted illegally and passed order of temporary injunction. accordingly, the same is set aside and the civil revision is allowed.5. it is stated at the bar that the suit be .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-2003
Reported in : 2003(II)OLR21
..... sessions judge-cum-special judge, cuttack (2002) 22 ocr 92, wherein it was held thus - ''hence, on a conjoint reading of the provisions of section 20 and section 23 of the act, the irresistible conclusion that can be drawn is that the investigation can only be done by a police officer not below the rank of a deputy superintendent ..... p.c. was forwarded by the inspector-in-charge of sahidnagar police station, 1, however, find that, even if case was registered for the offence under section 3 of the act and cognizance was taken thereunder, investigation into the said offence was not done by a designated police officer in terms of the statutory provisions, i.e, ..... which cognizance has been taken against the petitioners; and (ii) that even though the case was registered against the petitioners for the offence under section 3 (ii) and (x) of the act and cognizance decided on 24th april, 2003. was taken thereunder, investigation has not been done by a deputy superintendent of police as required by .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003(I)OLR573
..... to monitor the further investigation. it is needless to point out that even after laying of the final report, power of police to conduct further investigation is recognized under section 173 (8) of the cr. p.c. it is also not necessary to hear any person (accused) when direction to police to conduct further investigation of the ..... shri panda, the c.b.i. perfunctorily investigated and did not bestow its due attention in conducting investigation particularly in respect of the offence of criminal conspiracy punishable under section 120-b.. i.p.c. he stated that since some high officials and bureaucrats are involved, the c.b.i. had been attempting to shield them and ..... can file the charge- sheet before the appropriate court and if any objection is to be taken the same can be done before the concerned court in terms of section 173 of the code of criminal procedure.'4. for the purpose of disposal of these applications, a brief resume of relevant events is necessary :following the publication of .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003(II)OLR1
..... indian penal code, 1860 when they are committed, attempted, abetted or conspired to be committed, by public servants as defined in clause (c) of section 2 of the prevention of corruption act, 1988.(f) any other particular offences or class of offence that may be specified by the state government from time to time.' on perusal of ..... offences relating to :(i) evasion of taxes and different control orders;(ii) transit and possession of forest produces as enumerated in sections 45 and 46 of the orissa forest act, 1972 (orissa act 14 of 1972) read with section 56 of the said act;(iii) the orissa timber and other forest produce-transit rules, 1980.(iv) offences under the essential commodities ..... f.i.r. was registered for commission of offences by the petitioner as well the executive engineer under sections 120-b/420/468/471 of the penal code read with section 13 (2) and 13(l)(d) of the prevention of corruption act, 1988. it also appears that the f.i.r. was received by the superintendent of police. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003(II)OLR24
..... mathur reported in 1995 criminal law journal 387 a divergent view was taken and it was held as follows :'the purpose of an inquiry or investigation contemplated under section 202 of the code is for the purpose of deciding whether or not there exists sufficient ground for proceeding against the person complained of. thus while the purpose of ..... (18) o.c.r. 207 where the court observed as follows :'at the stage of taking cognizance of offences on the basis of complaint received, as provided in section 200 of the code, the cognizance taking magistrate is bound to record the statement of the complainant, which is popularly known as initial statement. at that stage, if ..... from the above four decisions, it is clear that the question that arises for consideration is whether the learned magistrate has. to take cognizance first and then proceed under section 202, cr.p.c. or hold an inquiry and thereafter take cognizance. the apex court in the case of state of west bengal v. mohd. khalid reported in .....
Tag this Judgment!Court : Orissa
Decided on : May-02-2003
Reported in : 2003(II)OLR47
..... ultimately on 10.5.1997, the incident was reported at angul police station. the case was investigated into and charge sheet was submitted for commission of offence under section 376 of the penal code and the petitioner faced the trial. the plea of the petitioner is one of complete denial of the occurrence. the further plea ..... am, therefore, unable to accept the statement of the prosecutrix that though she was sexually assaulted by the petitioner forcibly at that age and it was a complete act of sexual intercourse, she did not sustain any injury at all on her private parts. therefore, the first contention of the learned counsel appearing for the petitioner appears ..... from her side and the same having been accepted by the courts below, it should have been held that the prosecutrix was a consenting party to the act alleged. the learned counsel also submitted that the evidence of the prosecutrix is not corroborated by any other evidence and the so called extra judicial confession before p .....
Tag this Judgment!Court : Orissa
Decided on : May-09-2003
Reported in : 2003(2)ALT(Cri)19; 2003(II)OLR28
..... a gazetted officer and that the appellant expressed his willingness to be searched in presence of a gazetted officer. this witness is completely silent about the compliance of section 50 of the act. p.w. 5 is the gazetted officer in whose presence search and seizure was made. though in his evidence he has stated that in response to offer ..... in order to prove compliance of section 42 of the act.7. the apex court in the case of 'beckodan abdul rahiman v. state of kerala reported in 2002 air scw 1780' has held as follows :'keeping in ..... information about involvement of the appellant in pending drugs, it is difficult to accept the submission of the learned counsel for the state that there was compliance of section 42 of the act. it was the duty of the prosecution to state the date and time of receipt of information as well as the date of information given to the superior .....
Tag this Judgment!Court : Orissa
Decided on : May-12-2003
Reported in : 2003(II)OLR73
..... to the conclusion that :'therefore, we are of the firm opinion on a harmonious construction of rule 105 of the code and the provisions of section 26(6) of the indian electricity act that the licensee is not empowered to impose penalty beyond six months inasmuch as legislature did not permit them to realise any amount for unauthorised ..... which is said to have been effective from 10th january, 2001 cannot take away the statutory right available to either party under section 26(6) of the indian electricity act. the provisions of the said act enshrines the electrical inspector to handle such complaint. in such event the petitioners are not bound to resort to the provisions of ..... in short). in this regard it would be worthwhile to look into the relevant provisions made in section 26(6) of the indian electricity act, 1910 as well as clause 105 (2) of the supply code.section 26(6) of the i.e.act, 1910 provides -'where any difference or dispute arises as to whether any meter referred to in .....
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