Court : Orissa
Reported in : 105(2008)CLT527
..... the acquired land belongs to rasika bag. considering the claims and objection of the parties, learned subordinate judge, balasore to whom the matters were referred under section 30 of the land acquisition act framed the following four issues and accepted the evidence of the parties.(i) whether mahendra pothal had any first wife and if so, whether sadini, ..... of that sadini, they are certainly entitled to the share in the compensation amount, which sadini would have got, had she been alive.8. section 30 of the land acquisition act provides that any person interested may request for reference of the matter to the civil court for adjudicating the share of the parties in the compensation amount ..... to sadini in such situation it was immaterial whether the children of sadini had themselves filed petition for reference of the matter to the civil court under section 30 of the l.a. act. this conclusion is supported by the observation of this court made in (1994) 77 clt-838.9. so far as f.a. no. 224 .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori19
..... assam rifles, indo-tibetan border security force, s.s. b. security force and rapid action force. in this regard, section 3 of the c.r.p.f. act 1949, is liable to be perused. the same is reproduced as under:3. constitution of the force-(1) there shall ..... to both the questions must be given in the affirmative in view of the provisions of sub-section (1) of section 3 of the c.r.p.f. act which unfortunately do not appear to have been brought to the notice of the learned single judge. that sub ..... -section reads thus:there shall continue to be an armed force maintained by the central government and called the central reserve police force.15. the sub-section itself ..... we hold that the c.r.p.f. squarely falls within the expression 'armed forces of the union' as used in sub-section (2) of section 197 of the cr. p. c.16. in view of the above discussion, we have no doubt in our mind that the .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT870; 2008(I)OLR478
..... in the fixed deposit.15. in view of the ratio of the decision of the apex court vis-a-vis section 149(4) of the motor vehicles act, it is further directed that the insurance company after payment/deposit of the entire amount of compensation, if so advised ..... . judicial case no. 88/2000 (m.j.c. no. 22 of 97 of d.j.), which was filed under section 166 of the m.v. act.3. the case of the claimant, who is wife of deceased rajeswar roy is that on 4.3.1996 while the deceased ..... of any type or class. hence the decisions rendered under the old act vis-a-vis gratuitous passengers are of no avail while considering the liability of the insurance company in respect of any accident, which ..... the owner of the vehicle and pay amount of compensation to the claimant/respondent no. 1.11. as it appears under the new act, an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori33; 2008(2)ARBLR27(Orissa); 105(2008)CLT220
..... non-compliance. a court before which a time barred appeal or an application comes up for hearing with no application along with it under section 5 or section 14 of the limitation act for condonation of delay or exclusion of the delay as the case may be, has to necessarily dismiss it not because of non-compliance ..... the district. according to learned counsel for the opposite party (union of india), the civil judge (sr. division) also accepted the application filed under section 34 of the act and issued notice to the opposite party and only after hearing them was satisfied that the said court had no jurisdiction and returned the application on 29th ..... civil judge (sr. division) after hearing learned counsel for the parties and on being satisfied that he had no jurisdiction to entertain the application filed under section 34 of the act, by order dated 16th september, 2003 directed to take return the application giving liberty to the union of india to seek redressal of the grievance before .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT275
A.S. Naidu, J.1. The Petitioner had approached the Tahsildar, Nayagarh by fining a petition under the Miscellaneous Certificate Rules with a prayer to issue caste certificate in his favour. The said petition was registered as Misc. Certificate Case No. 1818 of 1998. According to the Petitioner he had been adopted by Shri Sansar Pradhan and the latter had no children. Certain disputes having cropped up with regard to his adoption he had filed a suit in the Court of the Civil Judge (JD),. Nayagarh with a prayer to declare him as the adopted son of said Sansar Pradhan. The said suit was registered as T.S. No. 10 of 1998 and a decree was passed therein on 8-7-1998 declaring him as the adopted son. The Tahsildar conducted some local enquiry, examined aforesaid Sansar Pradhan and some other villagers and without relying, upon the aforesaid decree of Civil Court held that he was not satisfied that the Petitioner had in fact been adopted by Sansar Pradhan and, accordingly, refused to grant the...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT319
..... vehicle which caused the accident.7. further more, as per the settled principles of law, keeping in view the decision of the supreme court vis-a-vis section 149(4) of the motor vehicles act, the insurance company is liable/bound to pay the amount of compensation along with interest @ 12 % per annum in terms of the compromise, since the settled amount ..... driving licence may be a breach of policy condition as contained in the insurance policy, but then, for that the claimants should not suffer. in consonance with the motor vehicles act it is the liability of the insurance company to pay the compensation amount, if there is a policy. the supreme court in the case of new india assurance company, shimla .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori44; 2008(2)ARBLR23(Orissa)
..... and without payment of the said amount and finalising the bills, the work has been illegally terminated. on the basis of such allegation, an application under section 9 of the act was filed for the relief stated earlier and the court also restrained the appellants from terminating the contract and/or allowing the respondent no. 2 from completing ..... handing over balance work to the respondent no. 2. learned counsel further submitted that the claim of the respondent no. 1 as disclosed in the application under section 9 of the act is rs. 45,000/-. if the respondent no. 1 invokes arbitration clause and raises its claims, same can be decided in the arbitral proceeding by an arbitrator ..... and, therefore, he was forced to stop the work. this is a dispute which is to be gone in the arbitral proceeding and in an application under section 9 of arbitration act, the court is called upon to see as to whether necessary ingredients for grant of injunction are satisfied or not. even if the respondent no. is .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ588
..... took note of the fact that p.w. 5 fully supported the case of the prosecution and notwithstanding she being a child witness, her testing under section 118 of the evidence act was sufficient enough to hold that she was competent to depose and accordingly oath was administered on her. by the date of examination as witness, p. ..... no other contention is raised by the appellant while challenging to the order of conviction.9. learned standing counsel argues that the offence alleged against the accused being under section 376(2)(e), i.p.c., minimum punishment should have been for a period of ten years imprisonment. such a contention, at this belated stage, is not ..... entertainable, inasmuch as the stage of framing of charge the offence alleged against the petitioner was under section 376, i.p.c. at the time of hearing of argument and hearing on the question of sentence no such contention was raised by the prosecution and, above .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ1065; 2008(I)OLR118
..... it has been held that the question whether the appellant has proved the existence of circumstances bringing his case within the purview of section 84 will have to be examined on the totality of the circumstances. the unsoundness of mind, as a result whereof, one is ..... view that the accused was successful in establishing that at the time of committing the acts, he was suffering from unsoundness of mind which satisfies the tests laid down in section 84 of the penal code. we arrive at this conclusion also by taking into consideration ..... of the acts committed or that he is committing such acts which are either wrong or contrary to law and, therefore, the benefit of section 84 i.p.c. is extendable to him.13. section 84 of the i.p.c. reads as follows:84. act of a ..... person of unsound mind - nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT91; 2008(I)OLR182
..... and suffered death on 8.10.1999. together with accused b.srinivas rao, and his father b.simadri, his mother b. mahalaxmi they were charge-sheeted for the offence under sections 498a/302/34 i.p.c. and faced trial on such charges by learned addl. sessions judge, berhampur.3. prosecution projected the case that there was ill-treatment and cruelty ..... the accused persons turned hostile to the prosecution to prove about any ill-treatment and cruelty on the deceased on account of demand of dowry and therefore, the charge under section 498a/34 i.p.c. failed. for the self same reasons and in absence of any allegations he also found the mother-in-law i.e. accused b. mahalaxmi ..... to be not guilty for the offence under section 302 or 302/34 i.p.c. notwithstanding that learned addl. sessions judge held that in the absence of direct evidence i.e. evidence of eye witnesses, prosecution case .....
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