Court : Orissa
Reported in : 2010(I)OLR688
Indrajit Mohanty, J.1. In this application under Section 482 Cr.P.C, the petitioner has sought for quashing of the criminal proceeding in G.R. Case No. 819 of 1992, arising out of Jagatsinghur P.S. Case No. 381 of 1992 pending before the learned S.D.J.M., Jagatsinghpur for the offence under Section 376 I.P.C.2. Learned Counsel appearing for the petitioner submits that while the alleged offence took place in the year 1992, in the meantime, the informant Krushna Chandra Nayak has expired for which reason the prosecution would measurably fail to prove the allegations against the petitioner and further, in the meantime also the victim-Sarala Nayak has got married to some other person and does not want to proceed with the case in view of the compromise reached between the parties and therefore, the criminal proceeding pending against the petitioner may be quashed.In support of his contention, learned Counsel for the petitioner placed reliance on a decision of this Court in the case of Sri A...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR934
M.M. Das, J.1. This application under Section 482 Cr.P.C. has been filed by the petitioner seeking quashing of the order dated 7.8.2003 passed by the Special C.J.M. (CBI), Bhubaneswar in SPE No. 8 of 2003 arising out of R.C. Case No. 29 (A) of 2001. By the said order, the learned C.J:M. took cognizance of the offence under Sections 420/120-B I.P.C. against the petitioner and the co-accused, namely, S-hri Prabir Kumar Acharya. An F.I.R. was registered, being drawn up by one Arun Kumar Mohapatra, Inspector, C.B.I., Bhubaneswar, under Sections 420/120-B IPC and Section 13(2) read with 13(1)(d) of the P.C. Act, 1988 against the petitioner, Shri Prabir Kumar Acharya and one Beni Madhab Dwivedi, Senior Divisional Manager, New India Assurance Company Ltd., Cuttack. It was recorded in the F.I.R. that information has been received from a reliable source to the effect that Shri Beni Madhab Dwivedi, while functioning as the Divisional Manager, New India Assurance Company Ltd. entered into a crimi...
Tag this Judgment!Court : Orissa
Reported in : AIR2011Ori61; 109(2010)CLT623,2010(I)OLR647
Sanju Panda, J. 1. In this writ application, the petitioner has challenged the order dated 13.1.2010 passed by the learned District Judge, Puri in ARBP Case No. 56 of 2010 returning the petition filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') to present the same in a proper Court at Mumbai. 2. The facts of the case are as follows: The petitioner is a construction Company which deals in projects relating to construction and dredging. Opposite party No. 1 is a proprietor concern which deals in hiring of dredger and its accessories by procuring margin. Opposite party No. 2 is a Company which used to let out dredgers. The Irrigation Department of the Government of Orissa issued a work-order in favour of the petitioner for dredging and distillation in the rivers connected with Chilika Lagoon in the district of Puri to protect the same. Hence, the petitioner-D.T.M. Construction (India) Ltd. approached opposite part...
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Reported in : 2010(I)OLR737
A.S. Naidu, J.1. The petitioner seeks to assail the order dated 28.7.2008 (Annexure-11) passed by the Deputy Director, NGC-II suspending him from service in exercise of the powers conferred upon him under Sub-rule (1) of Rule 21 of the Orissa Education (Recruitment and Conditions of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, in short, '1974 Rules' contemplating initiation of a proceeding, mainly on the ground that the said order not only suffers from lack of jurisdiction but also is otherwise unjust, illegal and contrary to law.2. To understand the inter se disputes, it would be prudent to refer to state the case of the petitioner.'Brundaban Subudhi College' situated at Daspalla in the district of Naygarh was established in the year 1977 and was recognized the prescribed authority as Intermediate Arts College in the year 1978. In the year 1981 the Governing Body of the said college decided to introduce 'Education' as an optional subject. After rec...
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Reported in : 2010(I)OLR967
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 29.10.1 998 passed by the learned Additional Sessions Judge Titilagarh in Sessions Case No. 123/20 of 1997 convicting the appellants under Sections 302/201, IPC and sentencing them to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for three years and to pay fine of Rs. 500/- in default to undergo rigorous imprisonment for one month for the offence under Section 201, I.P.C. with a direction to run the sentences concurrently.2. The prosecution case in brief is that on 16.11.1997 at about 11.00 AM at village-Rahenbhata the appellants committed murder of deceased Raibari, the first wife of appellant No. 1, in their house giving blows with Bamboo lathi and buried the dead body in their nearby Bandhanbahali land with a view to cause disappearance of evidence. On the death of the deceased in suspicious circumstances and subsequent absconding of the appellants, a me...
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Reported in : 109(2010)CLT802
S.K. Mishra, J.1. The State has preferred this appeal challenging acquittal of the Respondents of the offences under Sections 498-A, 304-B, 302, 306/34 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.' for brevity) read with Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred as the 'Act' for brevity).2. Deceased Kalpana was given in marriage to one Gajendra Kumar Mund, (Respt No. 1) on 14.03.1993. After her marriage, it is alleged, the bride was subjected to mental torture & there was demand for dowry. On 14.12.1995, said Gajendra Mund submitted missing persons report before the police & sent intimation to his parents-in-law & parents intimating that Kalpana was missing since 13.12.1995. On such report, police enquired into the matter & discovered the dead body of the deceased inside an abandoned well, which situated at the backside of the house of the accused. On such discovery, Bhawanipatna Town U.D. Case No. 18 of 1995 dated 14.12.1995 was registered....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT607
Sanju Panda, J.1. In this Writ Petition, the Petitioner has challenged Rule 3 of the Orissa Minerals (Prevention of Theft, Smuggling & Illegal Mining & Regulation of Possession, Storage, Trading & Transportation) Rules, 2007 (in short, '2007 Rules') as ultra vires of the Constitution of India & 2007 Rules de hors Section 23C of the Mines & Minerals (Development & Regulation) Act, 1957 (in short, 'the Act').2. The facts, as narrated in the Writ Petition, are as follows: The coal licence was granted in favour of the Petitioner in the year 1995 & the same was being renewed from time to time. In the renewal licence, one of the conditions was that the Petitioner would fulfill the requirement of coal by the local public/retailer on priority basis. The said licence of the Petitioner was renewed on 1.2.2007. While the matter stood thus the Petitioner applied for renewal of licence before completion of the licence period. Accordingly, his licence was renewed on 4.9.2007 for a period of two year...
Tag this Judgment!Court : Orissa
Reported in : 110(2010)CLT45
..... of india : air 2001 sc 1333 has no application to the case of the claimant. the said judgment was rendered in connection with one claim case under the indian railways act. the act does not provide for any fixed amount of compensation; the same is left with the central government to fix the amount of compensation from time to time. section 140 of the m.v. act. act itself provides for the amount of compensation. moreover, this decision of the apex court had no occasion to refer to the padma srinivasan (supra).12. for the reasons ..... tribunal is, therefore, not justifies directing payment of rs. 50,000 merely because the said payment was directed to be made after the amendment act 54 of 1994 came into force.13. the next question relates to payment of interest on the amount of compensation awarded under section 140 of the act, 1988. this court in new india assurance company represented through divisional manager, khurda division v. radha bewa and ors. 1997 (2) t.a.c. 96 orissa, held that in .....
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1. The petitioners are the accused persons in I.C.C. Case No. 2710 of 2008 pending before the learned S.D.J.M., Bhubaneswar. The complaint petition was filed by the opp. party no. 1 herein, against the petitioners and other accused persons making allegation of commission of offence under sections 499/500/501/502/34 IPC . The petitioner no. 1 is the Editor of the daily Oriya newspaper, "The Dharitri" and the petitioner no. 2 is its Printer and Publisher. On the complaint petition being filed, the learned S.D.J.M. recorded the initial statement of the complainant and by order dated 26.6.2008, considering the initial deposition of the complainant and the documents available on record found that prima facie evidence of commission of offence under sections 500/501/502/34 IPC is revealed. Hence, he took cognizance of the said offences and directed issuance of process against the accused persons including the two petitioners fixing 21.7.2008 for appearance. The petitioners accused persons as ...
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Reported in : 109(2010)CLT793
B.K. Patel, J.1. This writ application is directed against the Order Dated 8.1.2001 passed by the Central Administrative Tribunal Cuttack Bench, Cuttack (for short 'the Tribunal') in O.A. No. 671 of 1996. Petitioner was the applicant before the Learned Tribunal.2. Petitioner retired on superannuation as Superintendent of Post Offices, Cuttack (South) Division in 1990. A departmental proceeding was initiated against him in the year 1992 under Rule 9 of the C.C.S.(Pension) Rules, 1972 (for short 'the Rules'). On conclusion of enquiry, the disciplinary authority passed order on 19.8.1996, copy of which is at Annexure-8, in consultation with UPSC, under Rule 9 of the Rules, withholding 20% of the monthly pension otherwise admissible to the Petitioner. Petitioner filed the Original Application impugning the charge sheet as Well as the order passed by the disciplinary authority. So far as Petitioner's challenge to the charge sheet issued to him under Memo dated 8.7.1992. Is concerned, the Le...
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