Court : Orissa
Reported in : 2010(I)OLR225
..... petitioners, mr. a.k. jena, learned counsel for opp. party no. 2 and the learned state counsel for the state.2. a prayer has been made in this application under section 482 cr.p.c. to quash the criminal proceeding initiated under bari-ramachandrapur p.s. case no. 35 of 2008, corresponding to g.r. case no. 422 of 2008, pending ..... offences apart from the offence under section 294 i.p.c. are compoundable in nature and the informant who has entered appearance through mr. jena has filed an affidavit indicating that the matter has been amicably settled ..... .3. from the pleadings in the case, it appears that an f.i.r. was lodged on 8.7.2008 under sections 452, 294, 354, 323, 506/34 i.p.c. and after completion of investigation, charge sheet was filed under sections 452, 294, 354, 323, 379, 506/34 i.p.c.4. learned counsel for the petitioners states that all the .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR19
..... area of ac.6.02 decimals in the year 1984-85 which became a subject-matter in o.a. no. 5 of 1986, a proceeding under section 41 of orissa hindu religious endowment act, 1951. the addl. assistant endowment commissioner came to the conclusion that the said deity is a public deity. regarding the nature of the suit land ..... order due to efflux of time, in a fit case, the revisional court can interfere with the order passed by the executive magistrate under section 144 of the code if the executive magistrate acted illegally and in excess of its jurisdiction. learned counsel for the petitioners contends that since the order passed by the learned executive magistrate is in ..... remedy is desirable, such magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management. the apex court in md. gulam .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR304
..... judge track i, puri, from appearing the said court. the petitioner was appointed as an app by the government of orissa in terms of the powers conferred on it under section 25, crpc. such appointment is to be made in accordance with the orissa law officer's rules, 1971.4. the effect of the impugned order is that the petitioner has .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR47
..... be released on bail.5. mr. v. narasingh, learned additional government advocate takes me through the statements of one prabhat panigrahi and one gopinath lima recorded under section 161 cr.p.c. he submits that the aforesaid two witnesses are the principal witnesses to show that the present petitioners are the conspirators of the gruesome crime. ..... are alleged to be the principal conspirators and authors of the crime and they are accused of offence punishable under sections 449/302/380/120-b/34 i.p.c. read with sections 25 and 27 of arms act. the issue of the murder of swami laxmanananda saraswati and his associates gave rise to communal tension and immediate ..... of prabhat panigrahi and gopinath lima (alleged to be murdered) has got relevance and is admissible under section 32 of the evidence act is a question to be decided by the trial court. similarly, whether the prosecution without complying with section 207 cr.p.c. and supplying the statements of some of the witnesses can examine them in .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR75
..... from the laboratory. on completion of investigation, charge sheet was submitted against the appellant.4. appellant took plea of complete denial to the charge. in course of his examination under section 313 cr.p.c, the appellant also took the plea that he was at lathikata in the night of occurrence.5. in order to substantiate the prosecution case, as many ..... this appeal is directed against the judgment and order dated 4.9.1999 passed by the sessions judge, sundargarh in s.t. no. 3 of 1997 convicting the appellant under section 302 i.p.c. and sentencing him to undergo imprisonment for life.2. appellant is deceased's husband. they were residing together along with appellant's mother p.w.3 .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR154
..... the notice, it must hold that due to non-service of the notice on the petitioner in terms of clauses (b) and (c) of section 138 of the n.i. act an offence under that section is not constituted and the complaint petition is liable to be dismissed. it appears from the judgment that both the courts below have observed that ..... of dishonour of cheque sent by registered post returned back unserved with an endorsement 'party continuously absent for 7 days.' interpreting clauses (b) and (c) of section 138 of the n.i. act it was held that unless a notice in writing is received by the drawer of such cheque the offence would not be constituted. therefore, the receipt of notice ..... notice and/or the address given was fictitious. thus it is apparent that no notice was served upon the petitioner as mandatorily required under sub-sections (b) and (c) of section 138 of the n.i. act which would mean that no demand has been made within 15 days from the date of dishonour of cheque in question. in other words, .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR982
..... of a labourer travelling in a tractor-trolley, the same is erroneous and misconceived. a tractor fitted with a trolley is a goods carriage and as per section 147(1) of the m.v. act, no extra premium is required to be paid to cover the liability of such a labourer carried in a goods vehicle.6. considering the findings of the .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT262; 2010(I)OLR114
..... and the driver involved in the accident was parsuram behera.mr. satpathy further submitted that to raise a question regarding non-involvement of the vehicle, permission under section 170 of the act is not necessary.7. on the rival contentions, the question that falls for consideration by this court is as to whether it is open for the insurance ..... company, the insurer of the offending vehicle, to file appeal on any ground other than those enumerated in section 149(2) of the act without permission of the tribunal under section 170 of the act.8. the provisions of section 149(2) of the act 1988, make it amply clear that the insurer of an offending vehicle can defend its case before the ..... tribunal on any of the grounds enumerated in the said section. if for the reasons stated in section 170 of the m.v. act the insurance company is permitted by the tribunal, it can contest the claim on all or any of the grounds that are .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR227
..... against the accused is that there was ill-feeling between the deceased and the present appellant. the claim of the prosecution regarding leading to recovery under section 27 of the evidence act has not been supported by any independent witness. no exact information has also been adduced through evidence that the accused led the police to the place ..... the damaged latrine and seizure list was prepared and he put his signature. with regard to leading to recovery of weapon of offence by the appellant under section 27 of the evidence act he has not stated anything in his statement. p.w.5 is another son of the deceased. p.w.6 is the doctor who conducted autopsy ..... defence examined one witness.5. the learned additional sessions judge having regard to the facts of the case, the evidence on record, leading to recovery under section 27 of the evidence act and corroboration made by d.w.1 in respect of recovery of weapons of offence came to hold that the prosecution has been able to complete the .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR992
..... and passed orders thereon before hearing the misc. case. in absence of hearing and passing any such order under section 5 of the limitation act, it could be presumed that he allowed the limitation petition. as such, there is no ground for the petitioners to be aggrieved for not hearing of ..... disposing of the petition under section 5 of the limitation act and the stay petition, the learned commissioner of endowments erred in passing the impugned order.4. learned commissioner of endowments ought to have heard the limitation petition ..... ex-parte order dated 21.7.2008. accordingly, he filed the misc. case. since there was delay in filing the misc. case, a petition under section 5 of the limitation act was also filed along with the misc. case. a third petition was filed for stay of operation of the ex-parte order dated 21.7.2008. without .....
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