Court : Orissa
Reported in : 2(1996)ACC713
Dipak Misra, J.1. Entertaining doubt and visualising a situation which requires reconciliation and clarification of the judgment rendered in the cases of Asit Kumar Mohanty v. Second Motor Accident Claims Tribunal, Cuttack and Ors. Vol. 67 (1988) CLT 587, restricting the applicability of Order 9 of the Code of Civil Procedure (in short 'the Code') to a particular stage before the Motor Accident Claims Tribunal and Durga Devi Mishra v. Orissa State Road Transport Corporation and Anr. Vol. 67 (1989) CLT 184, wherein it has been held that Order 9 is applicable to a proceeding before the Tribunal but without indicating any restriction thereof, our learned brother P.C. Naik, J. felt the necessity for an authoritative pronouncement by a larger Bench for which we are in session of this Miscellaneous Appeal preferred under Section 173(1) of Motor Vehicles Act, 1939 (in short 'the Act').2. To appreciate the legal position a brief reference to the factual matrix is necessary. Appellant Bhagaban ...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR205
R.N. Biswal, J.1. The appeal is directed against the judgment and order dated 14.9.1992 passed by the Sessions Judge, Keonjhar in Criminal Appeal No. 24 of 1989 setting aside the judgment and order dated 2.5.1989 passed by the C.J.M.-cum-Asst. Sessions Judge, Keonjhar in Sessions Trial No. 35/16 of 1987/88 wherein he convicted the accused (respondent) for the offence under Section 376 of I.P.C. and sentenced him thereunder to undergo R.I. for three years and to pay a fine of Rs. 5,000/- and in default to undergo R.I. for six months more.2. Succinctly stated, the prosecution case is that accused is a distant relative of the alleged victim (P.W.1) and as such he had visiting term with the family members of the victim. It is alleged that some time in the month of Jyestha of the year 1986, while the victim, a girl of less than 16 years was alone in her study room, accused came there and without her consent and against her will squeezed her breasts and forcibly lifted her to a room and comm...
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT241
..... g.r.p.s., bhadrak, in which the murder of the deceased was suspected. prior to that i received v.h.f. message from the officer-in-charge of bonth police station, alleging that the deceased nilamani jena was moving with lethal weapon at kenduapada bazaar, with a view to creating communal tension. i made station diary entry no. 92 dated ..... information that the accused persons had chased the deceased from the tea stall of ranjan das (p.w.2) at kenduapara.they submitted a report accordingly to the rural police, bhadrak, searched for the deceased and ultimately discovered his dead body minus the head lying on the land of one jagabandhu pradhan in village adeipali under bhadrak ..... police station. after discovery of the headless dead body of the deceased, p.w. 1 identified the same to be of the deceased and at that spot lodged the f. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT253; 2007(I)OLR726
M.M. Das, J.1. The anguish and sentiments expressed by this Court time and again coupled with a command to appoint officers having legal background and well-versed or trained in law to handle proceedings under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short, 'the Act') not only appears to have not been taken note of but also appears to have been brushed aside by the authorities of the State. For the above reasons, this Court is being flooded with petitions seeking exercise of its extraordinary jurisdiction under Article 226 of the Constitution, challenging the legality/perversity and un-tenability of the orders passed by the authorities even belonging to the highest hierarchy under the Act.2. This is a petition where the petitioners have called in question the order dated 27.8.1993 passed by the Commissioner, Consolidation, Orissa, Cuttack in R.C. No. 1075 of 1991 annexed as Annexure-2 to the writ petition.3. The petitioner's case is th...
Tag this Judgment!Court : Orissa
Reported in : 2010CriLJ498
..... this court omission of such important fact in the f. i. r. as well as before the police during his examination speaks volume about p. w. 1, informant seeing the torture of his deceased sister by the appellants in his presence. in view of the same, p.w ..... was also persistent and consistent demand for dowry, he would not have forgotten to mention such an important fact in the f. i. r., ext. 1, so also before the police. in such circumstances even though the f. i. r. is not the be all and end all or an encyclopedia of the prosecution case, but in the considered opinion of ..... -laws house, but the said statement, of p. w. 1 the brother of the deceased appears to be an improvement and embellishment, inasmuch as he had not stated before the police nor such fact find place in the f. i. r., ext.1, lodged by him soon after the death of the deceased. had the p. w. 1 seen the torture .....
Tag this Judgment!Court : Orissa
Reported in : (2003)IILLJ378Ori
B. Panigrahi, J.1. Judgment and decree passed by the Learned Judge, Family Court, Rourkela dated May 15, 1999 and August 2, 1999 respectively declaring Respondent No. 1 to be the legally married wife of late Puranlal Tanti are under challenge in this Appeal.2. The essential facts leading to this Appeal are as follows:The case has suffered a chequered career. Respondent No. 1 as plaintiff in the Original Suit before the Learned Judge, Family Court, Rourkela claimed to be the wife of late Puranlal Tanti. It has been averred in the plaint that her marriage with Puranlal was solemnised under Hindu Vedic rituals and ceremonies in the year, 1982 at the parental abode of the plaintiff-Respondent No. 1 at Barasad in the district of Sambalpur. Immediately following such marriage it was consummated at Bondamunda in the district of Sundargarh. Out of their lawful wedlock a daughter named Goumi Tanti was born, but unfortunately she expired in the year 1989. Respondent No. 1's husband was working a...
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR233
..... after the commencement of the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer or such other cognizable offences as may come to his notice during the investigation, will be statements falling under section 162 of cr. p.c. no ..... sought. according to p.w.6, after leaving the deceased at the hospital. he reported to duties and after some time again came back to the hospital. police arrived after he reached the hospital. while ascertaining the truth or otherwise of the evidence of p.w.6, his statements made in course of cross-examination must ..... cover such a distance for getting an iron ream, particularly when he was suffering from rheumatism. it is also seen from his evidence that he was examined by police five days after the occurrence when for the first time he disclosed about seeing the incident. it is unrealistic, unnatural and against normal human conduct, that a person .....
Tag this Judgment!Court : Orissa
..... accused. (4) where, the allegations in the f.i.r.do no.constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under s. 155(2) of the code. (5) where the allegations made in the fir or complaint are so ..... (2) where the allegations in the firs.information report and other materials, if any, accompanying the f.i.r.do no.disclose a cognizable offence, justifying an investigation by police officers under s. 156(1) of the code except under an order of a magistrate within the purview of s. 155(2) of the code. (3) where the uncontroverted ..... pending in the court of learned s.d.j.m., nayagarh, as per annexure-1 to the application. consequent upon the registration of the f.i.r, the police investigated into the matter and found no incriminating materials against the petitioner to bring home the charge under sections 304-a i.p.c.accordingly, the investigating officer submitted the .....
Tag this Judgment!