Court : Orissa
Decided on : Oct-28-2009
Reported in : 108(2009)CLT821; 2009(II)OLR902
..... it requires interference of the revisional court.17. before parting with the case, i feel it necessary to make a mention of the orlssa amendment act to section 7 of the court fees act, 1870. orissa amendment runs as follows :(iv-a) in a suit for cancellation of a decree for money or other property having a money value or other ..... the jurisdiction of the court. however, the appellate or revisional court always can test the issue suo motu and make the deficiency good as the purpose of the act is not only fixing the pecuniary jurisdiction of the court but also collecting revenue for the state. the defendant does not have the right to agitate the issue ..... summarized that normally the valuation made by the plaintiff has to be accepted by the court but where such valuation under section 7(iv)(d) of the court fees act, 1870 is demonstratively under valued and is arbitrary and unreasonable, the court must direct the plaintiff to correct it. a revision against such orders regarding valuation lies .....
Tag this Judgment!Court : Orissa
Decided on : Oct-28-2009
Reported in : 109(2010)CLT152; 2010(I)OLR51
..... and talking nonsense (bakbas) while sitting in control room.' this has been recorded in control room gd at about 0210 hrs vide gd no. 801 dated 18.07.2007. such act on the part of hc/gd r.p. singh shows sheer negligence, carelessness to his duty, indiscipline activity and misbehaviour.the petitioner filed written reply denying the charge. it was .....
Tag this Judgment!Court : Orissa
Decided on : Nov-11-2009
Reported in : 109(2010)CLT71
..... insurance company to grant it permission under section 170 of the act. moreover, merely because the insurance company was allowed to cross-examine the witness produced by the claimant to establish his claim that cannot give right to ..... a.k. mohanty, learned counsel that since the insurance company was allowed to cross-examine the witnesses of the claimant, the permission under section 170 of the act has impliedly been granted. this court is unable to accept such contention in view of the speaking order specifically passed by the tribunal rejecting the prayer of the ..... in section 149(2). it, therefore, shows that the insurer can avoid its liability only on the statutory defences expressly provided in section 149(2) of the 1988 act. the parliament, while enacting section 149(2) only specified some of the defences, which are based on conditions of the policy &, therefore, any other breach of .....
Tag this Judgment!Court : Orissa
Decided on : Nov-11-2009
Reported in : 2009(II)OLR961
..... for the opp. party at the out set, contended that as per section 195 of cr.p.c., no court can take cognizance of an offence under section 177 of ipc, except on the complaint in writing of the public servant concerned or some other public servant to whom he is administratively subordinate. the crlmc, at hand having been filed by ..... 2 (c) cc no. 9 of 2006, by the said order of the court below has taken cognizance of offences under sections 33a and 125a of the representation of people act, 1951 and under section 177 of i.p.c. according'to the learned counsel for the petitioner the limitation for taking cognizance of the aforesaid offences having grossly barred, the ..... with sentence of imprisonment for one year or more for the offences other than those covered under sub-section (1), (2) or (3) of section 8 of the r.p. act.in the 2nd affidavit the candidate is required to furnish the following information:(i) all pending cases against him/her in which cognizance has been taken by the court;(ii .....
Tag this Judgment!Court : Orissa
Decided on : Nov-13-2009
Reported in : 109(2010)CLT262; 2010(I)OLR114
..... defend its case before the tribunal on any of the grounds enumerated in the said section. if for the reasons stated in section 170 of the m.v. act the insurance company is permitted by the tribunal, it can contest the claim on all or any of the grounds that are available to a person against whom the ..... driver involved in the accident was parsuram behera.mr. satpathy further submitted that to raise a question regarding non-involvement of the vehicle, permission under section 170 of the act is not necessary.7. on the rival contentions, the question that falls for consideration by this court is as to whether it is open for the insurance company, the ..... appeal preferred by the insurance company challenging the finding of fact as well as the quantum of compensation is not maintainable since no permission under section 170 of the act was obtained by the insurance company. it was at best permissible for the insurance company to contest the case only on the grounds enumerated under section 149(2) .....
Tag this Judgment!Court : Orissa
Decided on : Nov-17-2009
Reported in : 2009(II)OLR975
..... nayak v. ryot sewa sahakari bank ltd. : (2008) 2 scc 305 wherein the hon'ble apex court has held that after the amendment of section 147, the offence of section 138 of the negotiable instruments act is compoundable.keeping in view of such changed position of law and the fact that the parties has compromised, the hon'ble apex court ..... 2 has already been returned to the petitioner. he also declares that he do not want to proceed further in the case and the offence under section 138 n.i. act may be compounded for the ends of justice. he is duly identified by sri biswaranjan sahu, advocate. the affidavit reveals that the complainant is identified by advocate sri s ..... . the matter is taken up for disposal at the stage of admission.2. in this revision the petitioner assails his conviction for the offence under section 138 of negotiable instruments act, 1881 in icc no. 557 of 2007 and the confirming judgment of the second addl. sessions judge, cuttack in crl. appeal no. 65 of 2008.in short, the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-20-2009
Reported in : 2010(I)OLR37
Indrajit Mahanty, J.1. The present revision has been filed by the petitioner seeking to challenge an order dated 26.3.2007, passed by the learned S.D.J.M., Athamallik in Crl. Misc. Case No. 64/2003, in a proceeding under Section 125 Cr.P.C. directing payment of maintenance of Rs. 500/- each to the opposite parties, namely, Radhika Pradhan and Nirupama Pradhan (wife and daughter of the petitioner respectively).2. On a perusal of the pleadings taken in the petition, it appears that the essence of the contention of the petitioner was that the petitioner had raised suspicion over the character of Opposite Party No. 1 and stated that Opposite Party No. 1 had became pregnant through other sources. He further asserted that the petitioner had no sexual relationship with the Opposite Party No. 1 from 15.2.2002 while the Opposite Party No. 1 gave birth to a daughter, namely, Nirupama Pradhan (O.P. No. 2) on 19.4.2003, i.e. after a period of 14 months from the date of departure of petitioner, whi...
Tag this Judgment!Court : Orissa
Decided on : Nov-24-2009
Reported in : 2010(I)OLR335
ORDERM.M. Das, J.1. Heard Mr. Routray, learned Counsel for the petitioner and Mr. Jena, learned Counsel for the opp.parties 2 and 3.2. The petitioner is the Principal of Angul Evening College, Angul. 49 regular students of the petitioner's college appeared at the +2 Annual Higher Secondary Examination, 2007.3. It is the case of the petitioner that there were no allegations whatsoeveras against any student, when they appeared in the said examination, from any body in the examination centre. Rather, the examination was conducted strictly in accordance with the rules prescribed by the Council. Though the result of the said examination was published on 8.6.2007, but the name of the petitioner's college did not find place and the result of the students of the said college was not declared. Finding thus, they moved before the Council to know the reason for not declaring the result.4. After about a month, a notification was issued on 4.7.2007 notifying that the examination in respect of Econo...
Tag this Judgment!Court : Orissa
Decided on : Nov-24-2009
Reported in : 2010(I)OLR22
R.N. Biswal, J.1. The case of the writ petitioner is that pursuant to the advertisement under Annexure-3 dated 28.9.2006 in the daily English Newspaper, he offered his candidature for the post of Multi purpose Assistance (Gram Rojgar Sevak) in respect of Solabandh Gram Panchayat under Patnagarh Block. As per the advertisement, the minimum qualification for the said post was 10+2 passed. It was further stated therein that the applicants of Commerce stream and applicants with computer proficiency of 'O' level with use of Oriya language in computer would be preferred. The petitioner has passed +2 Arts in C.H.S.E. Examination in the year 2002 having secured 46.89 marks. He completed 12 months' course in Diploma in Computer Application. But instead of selecting him one Bidyadhar Majhi, who was ineligible for the post, was selected.2. Being aggrieved with the said selection, petitioner made a representation to the Project Director D.R.D.A., Bolangir (Opposite party No. 3), but it was not att...
Tag this Judgment!Court : Orissa
Decided on : Nov-30-2009
Reported in : 2010(I)OLR137
..... order has been assailed in this revision application.5. learned counsel for the petitioners drew attention of the court to the provision of under section 145 of the indian evidence act, 1862 and submitted that the statement recorded under section 161 of the code, during investigation is a previous statement even though the present case is a complain ..... the other hand, supported the finding of the learned j.m.f.c., bhadrak and prayed to dismiss this revision application.7. under section 145 of the indian evidence act, it is provided that a witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matters in question ..... in question, those statements can be used to contradict the witnesses if such an occasion arises. it may be further noted that both sections 145 of the indian evidence act and section 162 of the code, do not differentiate between a complain case and a case launched by an investigating agency.9. the learned j.m.f.c .....
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