Court : Orissa
Decided on : Jul-23-2009
Reported in : 109(2010)CLT301
..... for delayed payment which would also become part of the principal. if that is the correct position in law, we do not think that section 3 of the interest act has any relevance in the context of the matter which we are dealing with in the present case. therefore, the first contention raised by shri datta, though interesting, ..... doubt that the arbitrators have powers to grant interest akin to section 34 of the cpc which the power of the court in view of section 29 of the arbitration act, 1940. it is clear that interest is not granted upon interest awarded but upon the claim made. the claim made in the proceedings is under two heads one ..... of default till the date of payment.4. the opposite parties challenged the said award by filing misc. case no. 28 of 2006 under section 34 of the arbitration & conciliation act, 1996 before the learned district judge, mayurbhanj, baripada. the application was dismissed on 25.8.2008. against the dismissal order, arba no. 25 of 2006 was preferred before .....
Tag this Judgment!Court : Orissa
Decided on : Jul-24-2009
Reported in : 108(2009)CLT502
..... follows:260. the period of qualifying service rendered by an employee under any of the following institutions shall count for the purpose of gratuity & pension:(a) state government(b) any indian university(c) any college affiliated to any university of the state & aided by the state government(d) board of secondary education, orissa(e) council of higher secondary education orissa.(f ..... of the petitioner. according to mr. b.s. mishra, the k.c. higher secondary school is not an aided educational institution as per section 3(b) of the orissa education act, 1969, when the petitioner was serving in the said school. he further submitted that the petitioner's service in the said school cannot be'treated to be qualifying service, as .....
Tag this Judgment!Court : Orissa
Decided on : Jul-27-2009
Reported in : 2009CriLJ4623
..... .10.1995, passed by the sessions judge, dhenkanal, in sessions trial no. 163-d of 1991, holding the accused-respondent not guilty of the charges under sections 328 and 302 ipc and acquitting her.2. the case of the prosecution, in brief, is that mayadhar gadnaik of village baghdharia under hindol p.s. is the father-in-law of accused tulasi .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-2009
Reported in : 2009(II)OLR504
..... to prosecute the aforesaid accused persons. cognizance is taken accordingly under section 323 read with section 107/108 ipc and under section 29 of police act.50. in the case at hand, as the act complained of are alleged to have been committed by the present petitioners as public servants in discharge of their ..... protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. the policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for ..... protect responsible public servants against the institutions of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. the policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for .....
Tag this Judgment!Court : Orissa
Decided on : Jul-30-2009
Reported in : 108(2009)CLT519
..... the ground that the sanction of mutation was in favour of defendants. the defendants have lost their time of appeal during which time only they could have made an amendment of memorandum of appeal. thus, the defendants are forbidden from arguing the point that the suit has to be remanded for failure of framing of issues as to ..... proving possession. again when parties & more especially officials of the govt. have not objected to the factual aspect of vesting of suit land in state subsequent to the act, no purpose is going to be achieved by claiming that prior to 1930, the land was designated as 'jungle'.33. the learned government advocate next relied upon the ..... in the remarks column ever though factually he was not in possession. it is important to note that plaintiffs have not applied under section 8(1) of the act for settlement of rent. the tenancy ledger purported to have been filed by the intermediary after vesting is absolutely a manufactured document.18. in this background it was .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-2009
Reported in : 2009CriLJ4685
..... against the judgment dated 11-5-2005 passed by the addl. sessions judge, rourkela, in sessions trial no. 120/14./2004, holding the accused guilty of offence under section 302 ipc and convicting him thereunder.2. the case of prosecution, in brief, is that the accused, who is a married person had fallen in love with his neighbour rengi (p. w ..... geja sabar guilty for committing the murder of susama by throttling under the impression that she was rengi (p. w. 2). accordingly accused geja was found guilty under section 302 ipc and convicted thereunder.14. on and re-analysis of the evidence of p. ws. 2,6 and 7 and the fir lodged by p. w. 1, it is clear that ..... -meditation on the part of the accused to commit such crime and the death of susama can be said to be accidental due to mistaken identity rather than any intentional act of the accused. we are informed that the accused appellant is in custody for about 6 years.15. in view of such fact, we feel, the interest of justice would .....
Tag this Judgment!Court : Orissa
Decided on : Aug-05-2009
Reported in : 2010CriLJ196
..... ipicol on 21-3-2009, apart from submitting resignation from the presidentship and the membership from the bhubaneswar music circle which is the registered society for promotion of indian classical music on 19-3-2009. apart from the above, the appellant submitted that he is currently on the board of hindustan dor-oliver ltd., mumbai and ..... irrespective of all the arguments 'advanced by the learned counsel, appearing for the appellant, until the criminal appeal is heard, the appellant remains convicted under the p.c. act. in such facts and circumstances of the case, it is asserted that it is well settled by the hon'ble supreme court in the case of k.c. ..... , erroneous and illegal manner.(c) the case was registered against the appellant under section 13(2) read with section 13(1)(e) of the prevention of corruption act on the basis of 'source information'. searches were conducted at the official and residential premises of the appellant at the residence and business premises of his father-in-law .....
Tag this Judgment!Court : Orissa
Decided on : Aug-06-2009
Reported in : 109(2010)CLT219
..... & paying all the dues of the petitioner & not to impose penalty for non-completion of work.2. the petitioner, a private limited company registered under the provisions of the companies act, 1956 which is engaged in construction business entered into a contract with opposite party no. 1 on 14.6.2007 for execution of the execute the work 'modification to existing .....
Tag this Judgment!Court : Orissa
Decided on : Aug-06-2009
Reported in : 109(2010)CLT94
..... great bearing on the contract of insurance, if discovered, may lead to the policy being vitiated in law & therefore the proposal can be repudiated if a fraudulent act has been discovered. in the said case, the deceased insured while submitting the proposal form had not disclosed that he had undergone an operation for adenoma thyroid. subsequently ..... that, an insurer could avoid a contract of insurance after the expiry of period of two years mentioned in the first part of section 45 of the insurance act only on the ground of suppression of illness, which affects the expectation of life of the insured & not mere temporary or trivial illness & that unless the ..... illnesses which impair the constitution of the insured or interrupt the performance of vital functions. xxx xxx xxx.10. considering the effect of section 45 of the insurance act & whether the policy holder had made an inaccurate or false statement on a material matter or suppressed facts which it was material to disclose & it was .....
Tag this Judgment!Court : Orissa
Decided on : Aug-06-2009
Reported in : 2010CriLJ299
..... and order of conviction dated 2-11-2002 passed by the learned addl. sessions judge. f.t.c.-ii s cuttack, convicting the accused-appellant under section 302, ipc and sentencing him to undergo r.i. for life in s.t. no. 461 of 2001 - is assailed in this criminal appeal.2. the prosecution case in ..... more on surmises and conjecturers, than analysis of cogent evidence. according to learned counsel for the appellant in absence of any independent witness the learned addl. sessions judge acted illegally in convicting the appellant.6. all these submissions are strongly repudiated by learned addl. government advocate. according to him the learned addl. sessions judge has considered ..... post-mortem also opined that the injuries might have been caused by such weapon. the statement leading to discovery can be accepted under section 27 of the evidence act in evidence. added to the aforesaid fact, it appears that the wearing apparels of the accused were, also seized and it contained human blood as would be .....
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