Court : Orissa
Decided on : Aug-10-2009
Reported in : 109(2010)CLT136
..... investigation. in course of investigation kailash bhujabala succumbed to the injuries at capital hospital, bhubaneswar. thereafter the offence was converted to be one under section 302 of the indian penal code.5. after receiving information about the death, the o.i.c. took steps to conduct the inquest & sent the dead body for post mortem. ..... that the accused has not signed the same. absence of the signature or thumb impression of an accused on the discovery statement recorded under section 27 of the evidence act throws a cloud of suspicion with regard to the authenticity & reliability of the disclosure statement, see jackaran singh v. state of punjab : 1995 cr.lj. ..... stated earlier is assailed by the state government mainly on the ground that the sessions judge had wrongly discarded the statement made under section 27 of the evidence act leading to discovery of weapon of offence & that the sessions judge should not have disbelieved the oral dyeing declaration said to have been made before p. .....
Tag this Judgment!Court : Orissa
Decided on : Aug-11-2009
Reported in : 109(2010)CLT100
..... workmen's compensation is an issue relating to maintainability of the proceeding for compensation in view of statutory bar contained under section 53 of the e.s.i. act. therefore, learned commissioner rightly proceeded to decide the issue of maintainability at the threshold. section 29 of the workmen's compensation rules provides that when issues both ..... behalf of opposite party no. 2 as well as the corporation are irrelevant & legally unsustainable. it is submitted that section 53 of the e.s.i. act provides that the insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other ..... corporation filed an affidavit & also an additional affidavit. in the affidavit it has been categorically admitted that the principal employer is covered under the e.s.i. act. however, in the affidavit as well as additional affidavit the corporation has made averments to the effect that opposite party no. 2 was not covered under the e .....
Tag this Judgment!Court : Orissa
Decided on : Aug-12-2009
Reported in : 2009(II)OLR617
..... crude oil price, use of diesel oil became uneconomical. further the process demanded high grade of coal, stock of which is depleting worldwide and did not accept indian coal with high ash content. the process technology was later modified and developed to use 100% coal and patented by osil and is now known as osil ..... s.k. padhi, learned senior counsel appearing for the ipicol-opposite party no. 2 has submitted that section 13 of the securities contracts (regulation) act, 1956 (hereinafter called the act, 1956) provides that any contract entered into between members of a recognized stock exchange or recognized stock exchanges in such state or states or area ..... will sell its share in osil in the stock exchange by passing the agreement arrived at between ipicol and trfi6. before proceeding further section 13 of the act, 1956 is liable to be perused which is reproduced hereunder:13. contracts in notified areas illegal in certain circumstances. if the central government is satisfied, having .....
Tag this Judgment!Court : Orissa
Decided on : Aug-17-2009
Reported in : 108(2009)CLT884
..... the prosecution was able to establish the charges against the accused persons beyond all reasonable doubt & convicted them for commission of offence under sections 302, 201/34, ipc.7. mr. b. panda, learned counsel appearing for the appellants strenuously placed all the evidence before this court & submitted that in absence of convincing legal evidence, ..... as their involvement is shrouded with cloud of suspicion & they are entitled to the benefit of doubt. accordingly, we set aside their conviction under section 302/34, ipc & under section 201/34, ipc & acquit accused dasarathi, bhaskar & dhaneswar under section 235(1), cr.p.c.16. so far as appellant no. 1 - dusasan panda is concerned, ..... court feels that this is a fit case where the appellant, who is not a hardened criminal, should be convicted under section 304, part-ii, ipc. accordingly, we also set aside the order of conviction passed by learned sessions judge so far as accused dusasan is concerned & convict him under section 304, part- .....
Tag this Judgment!Court : Orissa
Decided on : Aug-17-2009
Reported in : 2009CriLJ4626
..... being no material to constitute offences under sections 408/427/506, ipc the impugned order of cognizance and the consequential order of issuance of process against the petitioner is an abuse of the process of law and as such, the same is ..... so also the learned s.d.j.m., athamallik has conducted enquiry under section 202, cr. p.c. and taken cognizance of the offences under sections 408/427/ 506, ipc against the petitioner and issued process for his appearance, which has been impugned in this case.3. mr. p. p. ray, learned counsel appearing for the petitioner submits that there ..... 3), cr. p.c. the said complaint was treated as an fir and athamallik p.s. case no. 9 of 2002 was registered for offences under sections 427/408/506, ipc which corresponds to g.r. case no. 27 of 2002. on completion of investigation, the police submitted a final report. thereafter, on protest of the opp. party no. 1, .....
Tag this Judgment!Court : Orissa
Decided on : Aug-17-2009
Reported in : 109(2010)CLT89
..... prescribed in schedule-b of the plaint from the defendants. the plaintiff specifically stated in the plaint that defendant no. 4 is a company registered under the companies act & running financial business in the name & style of mahindra & mahindra financial services limited. defendants 1 to 3 are its employees. she further stated that in ..... an original agreement for arbitration or a duly certified copy thereof. since the defendant did not comply with the mandatory provision of section 8(1) of the act, the court below rejected the application.6. the learned counsel appearing for the defendants-petitioners submitted that when there is an arbitration clause in the agreement, ..... sheet of the trial court shows that the defendants filed their written-statement first & later on they filed an application under section 8(1) of the act without a copy of the arbitration agreement. they also did not file an authenticated copy of the arbitration agreement. therefore, the petitioners did not comply with .....
Tag this Judgment!Court : Orissa
Decided on : Aug-19-2009
Reported in : 109(2010)CLT6
..... the year 1993, while the petitioner was working as s.d.j.m., kamakhyanagar, a departmental proceeding was initiated against him vide d.p. no. 4 of 1993 for alleged act of insubordination, indiscipline & gross misconduct. during pendency of the departmental proceeding, the petitioner was placed under suspension. being aggrieved by the initiation of the disciplinary proceeding against him vide d .....
Tag this Judgment!Court : Orissa
Decided on : Aug-21-2009
Reported in : 109(2010)CLT19
..... or part or group within tribes or tribe is included in presidential order if they are not expressly included in the orders. since any exercise or attempt to amend the presidential orders except as in clause (2) of articles.341 & 342 would be futile holding any enquiry or letting in any evidence in that regard is ..... , the same becomes an identifiable class for the purpose of articles 15 & 16. the supreme court has further held as follows:the national commission for backward classes act, 1993 in order to be wholly functional mandates determination by the central government of the backward classes for whom the statute is intended. undisputedly, such determination has not ..... attention has not been given for the benefit of the other backward classes in the matter of admissions to higher educational institutions. that cannot be a ground to act with hurry & with undetermined data. it may be as rightly contended by the respondents that the percentage can certainly be not less than 27%. but that is .....
Tag this Judgment!Court : Orissa
Decided on : Aug-21-2009
Reported in : 109(2010)CLT194
..... & the second ingredient is that the death or injury must be traceable, within reasonable limits, to a definite time, place & occasion or cause.18. the w.c. act undoubtedly is a welfare legislation aimed to soothe the agony of a workman or his dependants who become incapacitated or dead on account of the injuries sustained by them during ..... general definition can be given of the word to cover all cases falling within the act. to decide whether an occurrence is an accident, it must be regarded from the point of view of the workman who suffers from it, & if it is unexpected ..... of the driver along with the taxi due to hijacking by some miscreants will amount to an accident, within the meaning of section 3(1) of the w.c. act. the word 'accident' has been described in halsbury's laws of england as:the term 'accident' generally means some unexpected event happening without design, but perhaps no .....
Tag this Judgment!Court : Orissa
Decided on : Aug-21-2009
Reported in : 2009CriLJ4676
ORDERKumari Sanju Panda, J.1. This Criminal Misc. Case has been filed by the petitioners under Section 482, Cr. P.C. challenging the order dated 17-4-2008 passed by the learned Executive Magistrate, Jharsuguda in CMC No. 186 of 2008.2. The facts as narrated in the application are as follows:The present petitioners are the second party members in a proceeding under Section 145, Cr. P.C. They were in possession of the disputed land total measuring Ac. O.560 decs, in Plot Nos. 1339 and 1340 (part plots) under M. S. Khata No. 386 in Mouza Jharsuguda Town, Unit No. 7, Dist-Sambalpur. Said land originally belonged to an ex-intermediary, namely, Lalit Mohan Shankar Deo and was recorded as Bhogra land. The said ex-intermediary inducted one Govinda Chandra Pattnaik as tenant and executed a permanent lease in his favour. The lessee got rent fixed in respect of MS Plot No. 1340 corresponding to HS Plot No. 3057 measuring total Ac. 0.56 dec. of land. The lessee Govinda Chandra Pattnaik after getti...
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