Court : Orissa
Reported in : 93(2002)CLT706; 2002(I)OLR481
B.P. Das, J. 1. This application arises out of an order passed by the learned Sessions Judge, Balasore in G. R. Case No. 1194 of 1997, corresponding to S.T Case No. 98 of 2001 in transferring the same to the court of Judicial Magistrate, Basudevpur.2. The case of the petitioner is that he is an accused in G. R. Case No. 1195 of 1997 for the offences under Sections 148/149/452/323/324/326/307/379,1.P.C., which was subsequently turned to Section 302, I.P.C. The Petitioner is also the informant in Q. R. Case No. 1194 of 1997, wherein the informant in the other case was charged for commission of the offences punishable under Sections 341/323/324, I.P.C. read with Section 34, I.P.C.4. G. R. Case No. 1195 of 1997 being exclusively triable by the Court of Session, the learned Magistrate committed the said case to the court of learned Sessions Judge, Balasore which was subsequently registered as St. No. 60/99/2001 and the learned Sessions Judge transferred the said record to the file of learne...
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori137
..... has been made against the notice of disconnection no. 2118 dt/- 12-9-2001 issued by the opp. party no. 4 under section 24(1) of the indian electricity act, 1910 calling upon the petitioner to pay an amount of rs. 5,85,664/- by 25-9-2001.2. the petitioner is a government of india enterprise undertaking ..... the energy consumed by the other two companies.9. in paragraph 9 of the counter it has been further admitted that no separate meter could be installed in the petitioner's premises, as it is submitted ..... short 'bpcl') was also supplied energy from the said 33 kv line with separate metering arrangement at it's end. since two separate meters have been fixed for indian oil corporation ltd. and bharat petroleum corporation ltd., in the aforesaid background, there would be no difficulty to determine the actual energy consumed by the petitioner after deducting .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT534; [2002(95)FLR939]
..... of the parties of the intention of terminate it and two months have elapsed from the date of such notice. the effect of section 4 of the industrial disputes (banking companies). decision act is that the award ceased to be in force after march 31, 1959. that, however, has nothing to do with the question as to the period for which it ..... ) as regards the period for which the award shall continue to be binding on the parties is not in any way affected by section 4 of the industrial disputes (banking companies) decision act, 1955. quite apart from this, however, it appears to us that even if an award has ceased to be in operation or in force and has ceased to be ..... court reported in 1987(2) llj 38 (trichur urban co-op. bank ltd. v. district labour officer) and decision of the apex court reported in air 1964 sc 1522 (south indian bank ltd. v. r. chandra). reliance is also placed on a decision of the apex court reported in 1999(1) llj 849 (management of karnataka state road transport corporation v .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT107; 2002(I)OLR574
..... in pursuance of the resolution of the municipal council.before going to the facts, it is profitable to have a look at chapter viii of the indian trusts act, 1882, which deals with the provisions of extinguishment of trust. sections 77 and 78 contained in the aforesaid chapter, which are relevant for our purpose ..... the corporation authorities, in our view, cannot absolve themselves from their responsibility to maintain the roads, whether they belong to the public works department, irrigation department, railways or national highways authority, within the limits of the corporation. in our view, therefore, it is the statutory duty of the corporation to maintain all the ..... public roads are concerned, they are managed and maintained by the state govt. as well as the union govt. through public works department, irrigation department, railways and national highway authority. these roads consist of 70 per cent of the total roads. the remaining 30 per cent belongs to the corporation. it has been .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR96
..... , on a reading of the aforesaid provisions of law there cannot be any manner of doubt that the gridco, which is an independent company registered under the companies act, is to have its own rules and regulations for recruitment and appointment of its staff. the learned counsel for the petitioners have not ..... state government nor the gridco is bound to follow the said list and make appointments from the said list, since it is an independent company registered under the companies act having its own set of recruitment rules. the petitioners having not made applications pursuant to the advertisement, they are otherwise not eligible to ..... co-ordination with the generating companies, state government, contiguous states, the commission, the regional electricity board and the central electricity authority. the gridco so required to discharge such powers, duties and function of the board including those under the indian electricity act. 1910 and the electricity (supply) act, 1948 or the rules framed .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT266; 2002(I)OLR662
..... offence and submitted his report. the trial court, on the basis of evidence available on record, acquitted all other accused persons, but convicted the appellant under section 302, ipc, even though there was no separate charge framed thereunder.6. in order to prove the culpability of the appellant, the prosecution has relied upon the evidence of the ..... investigating officer (p.w. 11) with regard to the seizure of the knife from the appellant under section 27 of the act and the report of the serologist who has opined that the knife alleged to have been recovered from the appellant contained human blood of 'o' origin, which tallied ..... deceased did not support the prosecution and were declared hostile. though p.w. 4 was shown as a witness to the seizure made under section 27 of the evidence act, he also did not support the prosecution. p.w. 8 conducted post-mortem examination over the dead body and submitted his report vide ext. 20 (marked on admission .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT76; 2003CriLJ1011; 2002(II)OLR52
..... link placed by the circumstances, it would be hazardous to convict the appellants for causing death of the victim. furthermore, there were six accused charged under section 302/34, ipc out of whom one is already dead and two of them have been acquitted. it is, therefore, difficult to come to a definite conclusion as to who was/were ..... it took us to again go through the entire prosecution case and reshape the judgment properly. although there was a charge under section 304-b, ipc read with sections 3 and 4 of the dowry prohibition act, but the learned addl. sessions judge acquitted the appellants of the charges. in a case where the death of a woman has been allegedly ..... w. 12) under section 164, cr.p.c. on completion of investigation he placed the charge-sheet against the appellants under sections 198-a/302/406/420/201/34, ipc. during the pendency of trial the accused golak mahakud having died, the case has abated against him.7. the plea of the appellants before the trial court was that the .....
Tag this Judgment!Court : Orissa
Reported in : II(2002)DMC659
..... link placed by the circumstances, it would be hazardous to convict the appellants for causing death of the victim. furthermore, there were six accused charged under section 302/34, ipc out of whom one is already dead and two of them have been acquitted. it is, therefore, difficult to come to a definite conclusion as to who was/were ..... it took us to again go through the entire prosecution case and reshape the judgment properly. although there was a charge under section 304-b, ipc read with sections 3 and 4 of the dowry prohibition act, but the learned addl. sessions judge acquitted the appellants of the charges. in a case where the death of a woman has been allegedly ..... above report as fir and registered a case as hirakud p.s. case no. 75 of 1996 on 26-8-96 under sections 498(a)/34 and 302/34, ipc and took up investigation. in course of investigation it further revealed that preceding this report another information was lodged by one bhikari charan mallik of indal colony, hirakud whereupon .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT89; 2002(II)OLR169
..... . as we have not decided on that contention it is open to the insured to raise it before the claims tribunal. in the present case, if the insurance company succeeds in establishing that there was breach of the policy condition, the claims tribunal shall direct the insured to pay that amount to the insurer. in default the insurer ..... has been filed by the claimant challenging the quantum of compensation granted as insufficient whereas m.a. no. 434 of 1992 has been filed by the divisional manager. united indian insurance co. ltd., cuttack, the opp. party no. 2 in the court below challenging to the legality of the aforesaid award. 2. the fact which is not ..... state road transport corporation v. nand kishore and ors., in support of the contention that such documents in a summary enquiry like an inquiry under the m.v. act should be accepted as evidence by avoiding technicalities. keeping in view the provision of law this court does not entirely agree with the view expressed by the rajasthan high .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR25
..... students for post-graduate (medical) courses shall be selected directly on the basis of their comparative merit.17. the learned counsel for the petitioners and the learned counsel for the indian medical council were quick to point out that in the state of orissa, there are three different universities and the intending candidates should all have passed their qualifying examinations from ..... be taken into consideration for evaluating their merit can be sustained with the reference to regulation 9 (2) (iii) of the medical council regulations. we have already noticed that the indian medical council has taken the stand that consistent with its regulations, the state is obliged to select the candidates subject to reservations only on the basis of an entrance examination .....
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