Court : Orissa
Decided on : Aug-28-2003
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Orissa
Decided on : Aug-26-2003
Reported in : 96(2003)CLT494
..... manner, mechanically dismissed the appeal on 15.2.1995 confirming the order of removal, the petitioner filed second appeal no. 1 of 1995 before the collector under section 133(2) of the orissa grama panchayat act, but the same was dismissed. according to the petitioner, the second appellate authority introduced a new fact with regard to the alleged work order issued by ..... , the resolution passed by the members of the grama panchayat is illegal, arbitrary and not in consonance with law and contrary to rule 216(a) of the orissa grama panchayat act and rules. it is further alleged that the order of removal is passed on 12.9.1994 without any definite charge having been communicated to the petitioner asking him to .....
Tag this Judgment!Court : Orissa
Decided on : Aug-22-2003
Reported in : 96(2003)CLT592
..... of company affairs in his letter dated 12.11.1993 and he was intimated of the order of the government of india for an inspection under section 209 of the companies act of the books of accounts and other records of nalco ltd. and for that purpose, an assistant inspecting officer accompanied with a sr. technical ..... registrar or a person authorised by the central government.10. in the case at hand, the prosecution was lodged by the registrar of companies under section 211 of the companies act which is punishable with simple imprisonment for a period of six months or fine of rs. 1,000/- or both and thus the period prescribed ..... petitioners assail the order dated 1.12.1994 of the learned addl. chief judicial magistrate-cum-special judge, cuttack, taking cognizance of the offence under section 211 of the companies act and issuing process.2. the petitioners are, the national aluminium company limited, a government of india undertaking, its chairman-cum-managing director, the company secretary .....
Tag this Judgment!Court : Orissa
Decided on : Aug-19-2003
Reported in : AIR2005Ori3; 98(2004)CLT343; [2006(1)JCR20(NULL)]
..... be voidable and may be annulled by a decree of nullity if that marriage has not been consummated owing to the impotence of the wife. sub-section (1)(d) of section 12 of the act stipulates that the marriage would be voidable and can be annulled by a decree of nullity if the respondent-wife was at the time of marriage ..... and she was not fit for sexual intercourse. the high court held that, bare statement of the husband does not satisfy the requirements of the provisions of section 12(1)(a) of the act and refused to grant decree of nullity of marriage. in the present case, there is only the bald statement of the husband and such statement can ..... the wife.2. panigrahi subash ch. dash @ sahoo, (hereinafter called as 'the husband') filed civil proceeding no. 182 of 1997 under sections 12 and 13 of the hindu marriage act read with section 7 of the family courts act for declaration that the marriage between him and usharani lenka (hereinafter to be called as 'the wife') is null and void and also .....
Tag this Judgment!Court : Orissa
Decided on : Aug-14-2003
Reported in : 2003(II)OLR351
..... . in course of time, the case was committed to the court of learned sessions judge. on perusal of the materials on record, learned trial court framed a charge under section 302, ipc against the appellant to which he pleaded not guilty. in course of trial, in all twelve witnesses were examined on behalf of the prosecution. none was examined ..... @ prafulla dehury is directed against the judgment dated 30.9.1994 passed by the learned sessions judge, balasore in sessions trial no. 13 of 1994 convicting the appellant under section 302, ipc and sentencing him thereunder to suffer rigorous imprisonment for life.2. prosecution case in brief is that on 9.7.1993 at about 10 p.m. an f ..... had murdered the deceased by means of bricks, stones and glasses of bottle.3. on the basis of the said complaint, as already stated above, a case under section 302, ipc was registered at the said police station against the appellant. after usual investigation, police submitted charge sheet against the appellant under .....
Tag this Judgment!Court : Orissa
Decided on : Aug-14-2003
Reported in : 2003(II)OLR590
..... prove that the prosecution party was the aggressor. the learned sessions judge on consideration of the evidence available on record, only found the appellant guilty of the charge under section 302 of the penal code and acquitted the other three accused persons of the charges.4. shri dhal, learned counsel appearing for the appellant submitted that the so ..... station on the same day at 11.30 p.m. considering the allegation made in the f.i.r. the case was registered for commission of offence under section 302/34 of the indian penal code and after investigation, charge sheet was submitted against the appellant and three other accused persons for the offences mentioned above.3. ..... of argument even if the evidence of this witness is accepted the death having occurred on account of asphyxia due to suffocation the same cannot be attributed to the act alleged to have been done by the present appellant. rather the accused siba who is alleged to have caught hold of the neck of the deceased and pressed .....
Tag this Judgment!Court : Orissa
Decided on : Aug-08-2003
Reported in : AIR2004Ori23; 96(2003)CLT436
..... the plaintiff in the suit had not alleged that the defendant had fraudulently or erroneously represented that he was authorised to transfer the immoveable property, section 43 of the transfer of property act had no application and the plaintiff could not claim benefit under the same. as indicated above, there is no pleading whatsoever in the present case ..... represented that he was authorised to transfer the suit property. according to mr. jena, in the absence of any such pleading, the provisions of section 43 of the transfer of property act are not attracted. in support of this submission, mr. jena cited a decision of a full bench of the kerala high court in the case ..... by the commissioner in the final decree proceedings, such allotment enures to the benefit of vendees on the basis of the principles of equity in section 43 of the transfer of property act. the learned munsif also held that the registered sale deed (ext. 3) executed by the defendant in favour of the father of the plaintiffs .....
Tag this Judgment!Court : Orissa
Decided on : Aug-06-2003
Reported in : [2006]143STC452(Orissa)
A.K. Patnaik, J. 1. The petitioner filed Second Appeal Nos. 626 and 627 of 1992-93 before the Sales Tax Tribunal, Cuttack against the order dated March 30, 1991 passed by the Assistant Commissioner of Sales Tax, Sambalpur Range, Sambalpur for the year 1987-88. The State of Orissa also filed Second Appeals Nos. 2054 and 2055 of 1992-93 against the said order dated March 30, 1991 of the Assistant Commissioner of Sales Tax, Sambalpur Range, for the year 1987-88. Notice of hearing of the aforesaid second appeals filed by both the petitioner and the State of Orissa were sent to the petitioner at his address at Sambalpur fixing the date of hearing to April 24, 2000. The case of the petitioner is that the business of the petitioner at Sambalpur was closed and the petitioner was at Bhubaneswar when the said notice was sent to his address at Sambalpur and his father received the same and sent the same to the petitioner at Bhubaneswar, but by the time the petitioner received the notice, the hear...
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2003
Reported in : 2005ACJ1425; 2003(II)OLR644
..... . misra for the appellant, shri j. k. katikia for respondent nos. l to 3 and shri p.p. ray for respondent no. 5.2. this appeal under section 173(1) of the motor vehicles act, 1988 the instance of the insurer is directed against the judgment passed by the asst. labour commissioner-cum-commissioner for workmen's compensation, orissa, bhubaneswar, in w ..... . commissioner framed as many as three issues and came to find that the deceased being the driver of the vehicle was a workman within the meaning of the w.c. act and the accident arose out of and in course of employment and the legal dependants of the deceased are entitled to get compensation. the w.c. commissioner assessed the compensation ..... the w.c. commissioner. the appeals is accordingly dismissed.so far an interest is concerned, it is open to the respondent to approach the w.c. court in terms of section 4-a(3) of the w.c .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2003
Reported in : I(2004)ACC614; 2003(II)OLR432
..... record it came to the conclusion that the trekker is not joint tort-feasor. that apart, there is nothing to indicate that the insurer was permitted under section 170 of the m.v. act to take defence that was available to the owner of the vehicle and in the absence of the same it would not open to the insurance company to .....
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