Court : Orissa
Reported in : 1996CriLJ1905
..... .nine persons including the accused-appellants faced trial for commission of offences punishable under sections 302/120b/109, read with section 34, ipc, and section 5(2)(b) of the indian explosives act, 1884, (in short, 'the explosives act').3. prosecution version shorn of unnecessary details is as follows :-on 3/4-7 ..... -1992, while one s. appa rao (hereinafter referred to as 'the deceased') was asleep in his official quarters situated near motu police station, the nine accused persons came to motu being armed with deadly weapons and explosives ..... exploded at a short distance from quarters of the deceased. the aforesaid raheem khan sustained bleeding injuries due to explosion of crackers. the ghastly act was consequential to previous discontent of opinion between the deceased and the accused persons in connection with murder of one .....
Tag this Judgment!Court : Orissa
Reported in : 1996ACJ1146; 81(1996)CLT353
..... held to call for special precautions include the launching of a ship, the use of a traction engine, fireworks, firearms, a soldering lamp, a calor gas cylinder, explosives and surgical treatment. operations connected with the handling of petroleum and the distribution of gas and electricity also call for special precautions and are in addition subject to statutory ..... with some possible element of danger to others. the law in all cases exacts a degree of care commensurate with the risk created, and the more dangerous the act the greater the care that must be taken in performing it. however, the liability of the person on whom the duty is imposed is not absolute; it ..... contact with such live line wire and got electrocuted. it is pleaded that there was no negligence and though maintenance was done in a proper manner, due to act of god the conductor slipped from the pin-binding and was sagging at a ground clearance of 5 feet. rejoinder affidavit by the petitioner was filed enclosing certain .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR520
..... . i. for three years under section 457 and for seven years under section 395, ipc. the petitioner and three others preferred ..... application along with others were charged for committing offence under sections 457, 335 and 397 of the indian penal code (hereinafter referred to as 'i.p.c.') and under section 9(b) of the indian explosives act. the trial court found the petitioner and three others guilty under sections 457/395, ipc and sentenced them to undergo r ..... petitioner that the identification of the ornaments seized from the petitioner was not properly done.12. there is accordingly no reason to interfere with the conviction under section 395 of the ipc. however, considering the facts and circumstances of the present case, the sentence is reduced from 7 years to 6 years' rigorous imprisonment .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR491
..... .2. an application for reference has to be filed within sixty days from date of receipt of the copy of an order of the tribunal under sub-section (3) of section. 23 of the act. there has to be material to show that the order was served on the notice or somebody authorised to receive it. rule 82-a of the orissa ..... in the form of memorandum of appeal (form xviii), it is submitted; that the address was given as follows :'m/s. southern explosives co.,c/o. s.s. agarwala, advocate,uditnagar. rourkela-12.'on verification, we find the submission to be correct. we also find that during the pendency of appeal notices were ..... a mention in the memorandum of appeal to the following effect in the place intended to contain name and address of the petitioner (appellant before the tribunal) :'m/s. southern explosives co.,c/o. i. d. l. chemicals ltd.,sonaparbat, rourkela--16.'with reference to the column meant for indicating the address for service of notice, i. e. column 6 .....
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ334
..... assistant session judge, jagatsinghpur on the accusation of having committed offences punishable under sections 457/395/392 of the indian penal code, 1860 (in short, 'ipc'), and under section 9(b) of the indian explosives act, 1884 (in short, the 'explosives act'). it was alleged that they along with others committed lurking house trespass by night ..... by entering into the house of informant mukunda rath (p.w. 49), and committed dacoity with deadly weapons, and were in possession of explosive substances which were ..... the accused persons are concerned.9. coming to the question whether the prosecution has been able to prove the offences punishable under section 395, ipc, and under section 9(b) of the explosives act, it is relevant to note that p.w. 1, the daughter-in-law of the informant mukunda rath, and the .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ3178
..... 'accused' faced trial along with one ganeswar sahu for alleged commission of offence punishable under sections 395/397/457 of the indian penal code, 1860 (in short, 'ipc') and under section 9(b) of the indian explosive substances act, (in short, the 'explosive act'). in total eight persons were involved. three of them were convicted in a separate trial. ..... assault the informant had bleeding injuries. p.ws. 11, 13 and their field servant were also injured. when the villagers came the decoits threatened them by explosing bombs. information was lodged at jagatsinghour police station. list of articles stolen was given to the police officials. on the basis of information lodged investigation was undertaken ..... imprisonment for five years and to pay a fine of rs. 2,000/-, in default to undergo rigorous imprisonment for one year. for the offence punishable under section 457, ipc he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of rs. 500/-, in default to undergo r. i. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori191
..... learned judge thereafter stated that society's interaction with nature is so extensive that the environmental question has assumed proportions affecting all humanity. industrialisation, urbanisation, explosion of population, over-exploitation of resources, depletion of traditional source of energy and raw materials and search for new source of energy and raw materials, the ..... of the outsider was earning of foreign exchange by attracting tourists toshali sands. this court observed, inter alia, that promotion of economic interest of weaker sections of the people is a part of the directive principles contained in article 46 of the constitution, and it was stated by referring to kasturilal ..... on human environment; african charter on human and people's right, justice douglas, and then after referring to what finds place in the environment (protection) act, 1986, the learned judge stated as below in paragraph 24 :--- 'from the above it is clear that protection of the environment is not only the .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR317
..... has been specified in the first schedule by the appropriate government and the petitioner not by manufacturing paper is an 'industry' within the meaning of section 2(i) of the act and entitled to be declared as a public utility service, provided the appropriate government is satisfied that public emergency or public interest requires to make such ..... of the petitioner's paper mills. the petitioner also wrote a letter to the labour commissioner indicating therein that the industry has always the risk of explosion in case there is abrupt stoppage of plants/equipments/installations and in view of public emergency and public interest, necessary declaration be made declaring the industry ..... the state govern- ment not having recorded any finding that there does not exist any public interest or public emergency, the exercise of power under section 22(n)(vi) of the act is vitiated and, therefore, the order under annexme-7 cannot be sustained.6. so far as the last contention of mr. das is concerned, .....
Tag this Judgment!Court : Orissa
Reported in : 1993(I)OLR61
..... -1-7-1991 passed by the learned sub-divisional judicial magistrate, puri (in short, the 'som') taking cognizance under various sections of the indian penal code, i860 (in short, ipc) and under section 9(b)of the indian explosives act, 1884 (in short the explosives act) according to the petitioner, the teamed sdjm was not justified in taking cognizance, much less on the basis of a motion ..... mad by the investigating officer, to take cognizance under section 307, ipc, this submission is made in khe background that charge-sheet .....
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ1256
..... , j.1. both these appeals arise out of common judgment dated 27-2-89 of the assistant sessions judge, sthagarh in a case under section 457/395/34, i.p.c. and section 9-b of the indian explosives act, 1884. the appellants were found guilty for the offences of lurking house trespass and dacoity and convicted and sentenced thereunder to undergo rigorous imprisonment for ..... evidence and that it can be used only to corroborate the substantive evidence given by the witnesses in court regarding identification of the accused as the doer of the criminal act. the earlier identification made by the witnesses at the test-identification parade by itself, has no independent value. nor is test identification the only type of evidence that can be .....
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