Court : Orissa
Decided on : Oct-20-1986
Reported in : 1987CriLJ1406
..... 8 and 10, but he has submitted and for the reasons t6 be stated hereinafter very fairly so, that evidence did hot warrant a definite conclusion that the death of the deceased was attributable to the assault on his person by the appellant especially as other accused persons were also ..... been made by the trial court that the evidence of a witness who has been put leading questions by the party bringing him under section 154, evidence act, is not to be discarded altogether and it is to be considered or what it is worth. in this connection, the trial ..... two named persons stood charged for the commission of the offence of murder in futherance of common intention and one of them was acquitted. the medical evidence showed that more than one person were the assailants and more than one instrument had been used for causing injuries on the person of the ..... lr 317 : (1984) 57 cut lt 312, loknath behera v. state, where death is caused, the degree of guilt of the offender depends on the intention or knowledge with which he did the act and the offences of which he may be convicted are murder, culpable homicide not amounting to murder, grievous hurt ..... 2. to bring home the charge, the prosecution had examined eighteen witnesses. of them, p.ws. 7 to 12 had figured as witnesses to the occurrence. p.ws. 7 to 9 did not, fully support the case of the prosecution and did not implicate all the alleged assailants for which they were put leading questions by the prosecution under section 154, evidence act .....Tag this Judgment!
Court : Orissa
Decided on : Aug-25-1986
Reported in : II(1986)ACC570; AIR1987Ori110; 62(1986)CLT457; 68CompCas420(Orissa)
..... serious bodily injuries to two others. legal representatives of the two deceased passengers and the two injured passengers filed the four claim petitions under section 110-a of the act against the appellant and the south eastern railways for compensation.5. injured umakanta singh, who is respondent 1 in ma. no. 190 ..... and inclination of left pelvis. he made a consolidated claim towards mental shock and physical pain, decrease in physical efficiency, happy healthy life and longevity and medical expenses of rs. 3,000/-consolidating the same to rs. 25,000/-. having already received rs. 1,000/- as compensation, he claimed rs. 24, ..... .12. it awarded compensation as under;(a) umakanta singh and another -- (m.a. no. 190 of 1977)(i) expenditure for treat- rs. 5000/-ment.(ii) pain and sufferingrs. 10,000/-(iii) inconvenience in life and loss of longevityrs. 10,000/-(iv) loss of earning capacity at rs. 300/- per month for25 ..... value of the rupee on account of deflation.'2. mr. y. s. n. murty, the learned counsel for the appellant, taking advantage of the order of reference where the learned single judge ..... per cent on term deposits for a term of three years and above. if rs. 25,000/- is deposited, it would earn interest of 2,500/- a year and that should adequately compensate the claimants taking into account the possibility of variation of the rate of interest and the losing .....Tag this Judgment!
Court : Orissa
Decided on : Apr-04-1986
Reported in : 61(1986)CLT649; 1986(I)OLR536
..... observation are necessary. that is why i have noted in my report that further constant observation for his behavioural disorder was necessary to come to a definite finding as to the real psychotic condition of the patient.'p. w. 10 is not able to say without collecting the family and personal history of ..... of unsound mind, the question is as to whether he has established that the unsoundness of mind was of such a degree and nature to satisfy one of the tests laid down in section 84. in all cases where legal insanity is set up as a defence, it is very material to consider the ..... could be no doubt from the evidence that the appellant was insane at the time of the commission of the case and therefore, his acts would be excepted under section 84 of the code, it has been contended on behalf of the state that the evidence would not warrant a conclusion that at the ..... make a man irresponsible, must reach that degree which is described in the latter part of the exception contained in section 84 it is not every person suffering from mental disease who can avoid responsibility for a crime by invoking the plea of insanity. there is a distinction between 'medical insanity' and 'legal insanity' and the ..... of the two deceased persons. this finding is well-founded and cannot be assailed.2. at the trial, a plea of insanity was raised and it was contended that the acts of the appellant would come within the purview of section 84 of the code but this plea was negatived by the learned trial judge .....Tag this Judgment!
Court : Orissa
Decided on : Apr-07-1986
Reported in : 1986(II)OLR19
..... according to which compensation should be assessed.the learned counsel appearing for respondent while mentioning,lthe points mentioned above urged that the appeal itself is barred by limitation under section 30(2) of the act as it was presented beyond 60 days. *further, as the memorandum of appeal was not accompanied by a certificate of the commissioner to the effect that the appellant ..... condonation of limitation. as a matter of fact, in the realm of law, there is nothing like an order amounting to implied condonation of limitation law insists and section 5 of the limitation act mandates that an appeal birred by limitation may be admitted if the. appellant satisfies the court that he had sufficient cause for not preferring the appeal within the ..... :'the question, therefore is whether the word 'loss' in entry no. 26 rneals a compnete or total loss of vision or it refers to a case of vision decreasing in degree. the note appended to the 1st schedule is material for the resolution of this controversy. the note says 'complete and permanent loss of the use of any limb or member ..... eyeball, the other being normal, the percentage of loss of earning capacity is 30. according to the evidence of dr. s. p. pattnaik, assistant professor of ophthalmology, s. c. b. medical college hospital, cuttack, despite treatment of the respondent in sarojini eye hospital, hyderabad, the foreign body of metallic origin could not be removed from the right eye. the respondent's .....Tag this Judgment!
Court : Orissa
Decided on : Mar-06-1986
Reported in : 1986(I)OLR432
..... the darkness. but we are not prepared to place implicit reliance on her testimony with regard to her seeing and identifying the appellant as in her statement under section 161 of the code of criminal procedure, she had not stated that she had seen the appellant getting into the darkness. 13. the evidence of p. ws ..... caused injuries sufficient in the ordinary course of nature to cause death and it would be seen from the medical evidence that the external and the consequent internal injuries could be caused by an instrument like m. o. ii. 4. there is evidence that the appellant had not been pulling on well with the deceased as the ..... the court of sessions should take an intelligent part in the proceedings and should be alive to its responsibility while examining the accused under section 313 of the code of criminal procedure. to rely on the evidence with regard to the dying declaration and recovery of m. o ..... sufficient in the ordinary course of nature to cause death evidently with the intention of causing his death. the order of conviction recorded under section 302 of the indian penal code is well-founded. 15. the appeal fails and is dismissed. g.b. pattnaik, j.i agree ..... invited our attention to the fact that the appellant has not properly been examined under section 313 of the code of criminal procedure and no question has been put to him regarding the dying declaration or about recovery of m. o. ii. the learned additional standing counsel has supported the order of conviction.3. it is .....Tag this Judgment!
Court : Orissa
Decided on : Apr-03-1986
Reported in : 61(1986)CLT547; 1986(I)OLR506
..... of orissa )thus on consideration we agree with the learned sessions judge that the evidence of p. ws. 2, 3, 4, 8 and 9 together with the medical evidence clearly establishes the charges under sections 302/34 and 201/34, ipc, against the appellants8. in the result, this appeal is dismissed. the ..... their statements. although these witnesses were or could be available for examination when the investigating officer visited the scene of occurrence or soon thereafter, their statements under section 161, cr. p. c, were recorded on the following day. welji (p. w. 3) was examined at 8 a. m., pramila at ..... in the present case. the learned sessions judge who tried the case found the two appellants guilty under sections 302/34 and 201/34, i. p. c, convicted and sentenced them there under as already noted. xx xx xxafter discussing the facts, ..... none on behalf of the defence. prosecution also relied on documentary evidence. the defence plea is one of denial, in their statements recorded under section 313, cr. p. c., the two appellants have denied any knowledge about the occurrence and have further stated that they have been falsely implicated ..... acting c.j.1. the two appellants have been convicted under section 302/34, i.p.c., and sentenced to undergo imprisonment for life. they have also been convicted under sections 201/34, i. p. c., and sentenced to undergo rigorous imprisonment for five years. the sentences have been directed to run concurrently.2 .....Tag this Judgment!
Court : Orissa
Decided on : Nov-14-1986
Reported in : AIR1987Ori82; 63(1987)CLT658
..... and madhya pradeshhigh courts have held that even in the absenceof any rule to that effect, the definition oflegal representative' as in section 2(11) of thec.p.c. would be applicable to the proceedingsunder this act, and the expression wouldmean the same thing even for purposes ofsection 110-a. 1980 acc cj 116 ..... v. kapil biswal and some other high courts have given an extended meaning to the term 'legal representative' without circumscribing its limit to the definition of this term provided in section 2(11) of the civil p.c, (see air 1967 mad 123 mohammad habibullah v k. seethammal, air 1970 mys 67 m. ayyappan ..... determined 'as if she had then died'. but by virtue of section 4(1) of the hindu succession act, 1956, the provisions of section 2 of the 1856 act stand abrogated. see air 1973 pat 170, jagdish mahton v. mohammad elahi. but nonetheless it cannot be ..... cases, let me examine some analogous provisions in the relevant laws dealing with the rights of the widows.12. under section 2 of the hindu widows' remarriage act, 1856 (for short '1856 act'), all rights and interests of a widow in her deceased husband's property shall cease upon her remarriage and shall be ..... obvious that the right to claim compensation is in the legal representatives.9. the expression 'legal representative' has not been defined in the act, but it hasbeen defined under section 2(11) of the civil p.c.(for short 'c.p.c.') to mean 'a person who inlaw represents the estate of a .....Tag this Judgment!
Court : Orissa
Decided on : Jul-29-1986
Reported in : 62(1986)CLT307; 1986(II)OLR333
..... about the same day, time and place were found not to be a registered medical practitioner as required under section 2(cc) of the drugs and cosmetic rule read with section 18(a)(vi) of the said act and thereby committed an offence punishable under section 28 of the drugs and cosmetics act and within my cognisance.'this charge has not been properly framed and has not ..... respondent describing himself as a homoeopathic medical practitioner owned gopabandhu clinic from which the drugs were seized. it is also clear that the drugs were stocked inside the clinic.13. for applicability of the provisions of the act the medicines seized from the clinic of the respondent must be drugs within the definition of section 3(b) of the act which is quoted below for ..... easy reference'3. definitions :-in this act, unless there is anything repugnant in the subject or context.xx xx xx(b) 'drug ..... ' includes(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals ; and(ii) such substances .....Tag this Judgment!
Court : Orissa
Decided on : Dec-24-1986
Reported in : I(1987)ACC339; (1989)ILLJ259Ori
..... 'an unmarried sister' used in section 2(1)(d)(ii)(d) of the act. in support of the aforesaid contention, sri ramdas relies upon the decision of the lahore high court in the case of mt. moti bai v. agent, north-western railway (a.i.r.) 1932 lah. 1. the definition of 'dependant' at that point ..... coming to the aforesaid conclusion and giving a liberal interpretation to the word 'dependant.' but the definition, as it now stands, i.e., 'an unmarried sister or a widowed sister if a minor' used in section 2(1)(d)(iii)(d) cannot possibly permit a widowed sister even if major to come within the ..... the widowed mother-in-law (the deceased having married the daughter of the claimant) does not come within any of the categories enumerated in section 2(1)(d) of the act and consequently, the commissioner had no jurisdiction to award compensation to her. sri ramdas, the learned counsel for the claimant, contends that ..... i say, and free from over-nice conjectures was it the disease that did it, or did the work he was doing help in any material degree.?in another decision of the bombay high court, in the case of bai diva kaluji v. silver cotton mills, ltd. 1956-i-l.l.j.- ..... finding him in distress condition, i came running and fetched a jeep and took him to project hospital. the project hospital medical officer started treatment. he was profusely perspiring. the medical officer advised me and one navin chandra behera to shift the deceased to jeypore government hospital. accordingly he shifted the deceased to .....Tag this Judgment!
Court : Orissa
Decided on : Jan-06-1986
Reported in : 1(1986)ACC497; 61(1986)CLT137
..... case of the claimant-appellant that her husband was a workman as defined in the act whereas the case of the respondent is that he was a casual laborer. in order to appreciate the question, the definition of' workman' as given in section 2(1)(n) requires to be scrutinised. section 2(1)(n) runs as follows:(a) 'workman' means any person (other than a person ..... no legal obligation on his part to pay any compensation for his death. according to him, gangadhar gantayat was not workman as per the provisions of section 2(1)(n) read with schedule ii of the act and as such the present appellant is not entitled to compensation as right. the next contention of the respondent is that notice of claim as required under ..... to prove that there was a business organisation of the respondent where the deceased gangadhar gantayat was a workman,(ii) the deceased was not a workman as defined in section 2(1)(n) and schedule ii of the act; and(iii) the statutory provision of section 10 of the act having not been complied with, the proceeding is defective which cannot be cured by the proviso to ..... whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is:(i) a railway servant as defined in section 3 of .....Tag this Judgment!