Court : Orissa
Reported in : 105(2008)CLT132; 2007(II)OLR768
..... for the appellants submitted that a counter case bearing dungripali p.s. case no. 20 of 1990 was registered against the informant party wherein charge sheet was submitted under section 307/34 of i.p.c. it also transpires from the evidence of p.w. 3 that there was assault and counter assault between the two parties. so ..... case having been committed to the court of sessions judge, balangir, it was transferred to the court of assistant sessions judge, sonepur, who framed charge under sections 148/307 read with section 149 of i.p.c. against all the accused persons.5. in order to establish its case prosecution examined 13 witnesses as against 4 witnesses examined on ..... /307 read with section 149 of i.p.c. i am in agreement with the submission of learned counsel for the appellants, but if it is proved that the appellants assaulted any member of the informant party, they would be liable severally for their respective overt act. learned counsel for the appellants further submitted that evidence of the .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT11
..... section 24-c of the orissa education act, 1969 is vested with the high court. when they do not state that they have challenged the aforesaid direction of the state education tribunal before appropriate forum or that they ..... none of them has been vested with the authority or jurisdiction to decide the issue on direction for payment over and above the direction under article 227 or the under section 24-c of the of the state education tribunal. on the other hand, supervisory jurisdiction under article 227 or the appellate jurisdiction under .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori46; 105(2008)CLT304; 2008(I)OLR49
..... provision is available under the code, the same cannot be ignored and extraordinary power of a court cannot be invoked to grant the relief. therefore, in an appeal under section 96, c.p.c. against an ex parte judgment and decree the appellate court is not permitted to examine the sufficiency of the cause of non-appearance of the ..... which has affected the decision of the case may be challenged in appeal against the decree whether ex parte or otherwise. the appeal against the ex parte decree under section 96(2) of the code of civil procedure cannot be converted into proceedings for setting aside the decree with the concomitant duty of affording to the parties an opportunity ..... case, admittedly the defendants were set ex parte and they did not file any petition under order 9 rule 13, c.p.c. in stead they preferred appeal under section 96, c.p.c. and in that appeal learned appellate court held that there was sufficient cause for non-appearance of the defendants on the date of hearing and .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT14
..... impugned order with a direction to opposite party no. 2 to re-consider the matter and pass fresh orders in exercise of powers under sub-section (5) of section 12 of the act within a period of twelve weeks from the date of communication of our order. we order accordingly.in the case of indian tea association (supra ..... bharat petroleum corporation ltd. is not in dispute. the workers empanelled for casual employment/engagement claimed for regularization of their services, independent of the provision of section 25 of i.d, act and they pursue their demand through their union. under such circumstances, the decision taken by opp. party no. 1, as quoted above, is not ..... in a calendar year, but the claim of the petitioners for employment on the basis of their casual engagement is independent of the provision of section 25 of the industrial disputes act and therefore, the labour officer rightly made a recommendation for referring the dispute to the adjudicatory forum and wrongly opp. party no. 1 has .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT169
..... revenue rules, 1959 and orissa revenue divisional commissioners rules, 1959 and in the light of the above, he submitted that the government without amending the aforesaid acts and rules suitably to the extent necessary, cannot go for integrating of settlement and consolidation organizations with tahasil administration by completely dismantling the existing set up.7 ..... of govt. of orissa dated 6.12.2003 resolving to integrate settlement and consolidation organization with the tahasil revenue administration violated various provisions of revenue acts and rules and in particular placed reliance on the averments contained in paragraph-37 of w.p.(c) no. 13959 of 2003 which is quoted ..... . we express our surprise and anguish about such assumption of the member, board of revenue. it is clear that the member, board of revenue acted on mere surmise and conjecture and admittedly he had not received any communication in writing from the office of the advocate general. we conclude this judgment .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR801
..... and thereafter the commissioner being satisfied appointed the interim trustees, that too for a period of two years, or formation of a regular trust board under section 27 of the act whichever would be earlier.12. the order annexure-1 reveals that eleven persons have been appointed as interim trustees, of whom one is a retired district ..... his power of superintendence for the benefit of the institution and better management of the endowments. such power is over and above other provisions of the act. a perusal of the section itself reveals that arrangement made in that regard by the commissioner is only temporary and cannot be permanent in nature. in the case at hand. ..... temple prima facie cannot be accepted at this stage specially in view of the fact that the petitioners have their liberty to seek such a declaration under section 41 of the act. this court, therefore, refrains itself from delving into the said dispute any further and finds that the institution would be subject to the power of .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ655
..... in any case, the choice being that of the complainant whom to examine, the magistrate cannot compel him to produce a particular witness including himself for examination under section 202, cr. p.c. in other words, the magistrate has no statutory obligation to call upon the complainant to examine himself as a witness. he is ..... to examine himself, consequence and effect of which is to be considered during trial. in the instant case, the initial statement of the complainant has been recorded under section 200, cr. p.c. during enquiry, six witnesses have been examined by the complainant including the fire officer of bhadrak fire station. therefore, the order taking ..... prima facie materials against the petitioners. he further contended that there is no statutory mandate for a magistrate to direct the complainant to examine himself during enquiry under section 202, cr. p.c. the magistrate is only required to call upon the complainant to produce all his witnesses and examine them on oath. he cannot .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT55
..... the court of session, he shall call upon the complainant to produce all the witnesses and examine them on oath. from the bare reading of the proviso to sub-section (2) of section 202 cr.p.c. it is crystal clear that during inquiry, the magistrate may, if he thinks fit, take evidence of witneses on oath. but, where it appears to ..... 'sufficient grounds' means prima facie case and does not mean sufficient ground for conviction.5. the contention raised by mr. mohapatra has some force with regard to non-compliance of section 202(2) cr.p.c. the question is whether the magistrate should have examined all the witnesses of the prosecution before the case was committed to the court of session ..... pradip mohanty, j.1. in this revision, the petitioners challenge the order dated 07.11.2006 passed by the s.d.j.m., sundargarh taking cognizance of the offence under sections 302/201/34 ipc against them in i.c.c. case no. 17 of 2005 instituted by opposite party no. 2.2. brief facts of the case is that opposite .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT198
..... of the prosecution evidence and if no material comes out against the petitioner, it will be open to him to file an application under section 245 cr.p.c. in the event such an application is filed, the learned j.m.f.c, shall consider and dispose of ..... side of the road on that day. but they did not disclose their address.5. perused the statements of the witnesses recorded under section 161 cr.p.c. and the written note supplied by the parties. the submissions advanced by the counsel for the respective parties are ..... the court of j.m.f.c, berharnpur for trial. before the j.m.f.c, berharnpur, the petitioner filed a petition under section 227 cr.p.c. with a prayer to discharge him. learned j.m.f.c. after hearing the counsel for the petitioner and ..... ., he has been implicated in baidyanathpur p.s. case no. 221 of 2001 corresponding to g.r. case no. 932 of 2001 under sections 379/411/34 ipc. on receipt of the final form, the s.d.j.m., berharnpur took cognizance of the aforesaid offences and transferred .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR188
..... negligence of the petitioner, the deceased died.6. in order to frame charge under part-i of section 304 ipc, there should exist a prima facie case that the act would have amounted to murder, but for its having fallen within one of the exceptions to section 300. in the instant case, the petitioner being a public servant, at the time of framing ..... under exception 3 to section 300 ipc, that is to say, whether the petitioner caused the death of the deceased by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty and without ill-will towards the deceased. in ..... charge against him under section 304, part-i, ipc, it is to be seen whether the case falls .....
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