Court : Orissa
Decided on : Jun-25-1993
Reported in : 1994CriLJ1171
..... was made on the thigh and no attempt was made to make further assault at a vital part of the body clearly rule (sic) section of section 302, ipc.where death has resulted from an attack, the degree of guilt of the offender depends on the intention or knowledge with which he committed the attack. the offences of which he may be convicted ..... medical officer brought out the remaining pointed portion of the arrow from the body of the deceased. during the spot visit of the investigating officer, the accused while under custody made ..... and many other factors. knowledge and intention are placed on different footing. the word 'knowledge' within the expression 'with the knowledge that he is likely by such act to cause death' occurring in section 299 of the code defining 'culpable homicide' is a very strong word and connotes a certainty and not merely a probability. when consequences result which are beyond the ..... the officer-in-charge of the police station was absent, the dead body was carried to khoirput where the officer-in-charge was on duty. one soma badnaik (p.w. 2) lodged the first information report with the officer-in-charge. inquest was held, and the dead body was sent to khoirput phc for post-mortem. during post-mortem the .....Tag this Judgment!
Court : Orissa
Decided on : Nov-22-1993
Reported in : 1994CriLJ1912
..... chief judicial magistrate was of the view that the prosecution has been able to establish its case. he held that there was violation of prohibition contained in section 7 of the act to attract punishment under section 16(1)(i)(a), and accordingly convicted each of the petitioners, and sentenced each to undergo rigorous imprisonment for six months and to pay a fine ..... .5. in support of the revision application, the learned counsel for petitioners has advanced the following pleas;(i) the written consent given by the chief district medical officer, balangir was bereft of application of mind;(ii) mere mention by him that he had perused the report of the food inspector does not meet requirements of law;(iii) the sanctioning authority was not ..... their authenticity is not confirmed by the usual tests of truth, namely, the swearing and the cross-examination of the person who prepared them. they are entitled to the extraordinary degree of confidence partly because they are required by law to be kept, partly because their contents are of public interest and notoriety, but principally because they are made under the ..... in public officers that it presumes they will discharge their several trust with accuracy and fidelity; and therefore whatever acts they do in discharge of their public duty may be given in evidence and shall be taken to be true, under such a degree of caution as the nature and circumstance of each case may appear to require. it depends upon the .....Tag this Judgment!
Court : Orissa
Decided on : Oct-05-1993
Reported in : I(1994)ACC1; (1994)IILLJ947Ori
..... of insurer in this appeal is that finding regarding permanent disablement may be a factor while determining the question of loss of earning capacity, but in the absence of any definite material in that regard, that factor alone was not sufficient to make quantification as done by the commissioner. the statements relating to factum of accident are disputed. learned counsel ..... case of permanent total disablement as is proportionate to the loss of earning capacity as assessed by the qualified medical practitioner permanently caused by the injury;'explanation-ii--in assessing the loss of earning capacity for the purpose of sub-section-clause (ii), the qualified medical practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified ..... and 6, it was observed that the extent of claimant's permanent disability was 50%, and compensation amount was payable as per provisions of clause(c) of sub-section(1) of section 4 of the act. in answering issue no.7 along with another issue, it was held that the entitlement of the claimant was rs. 53,870/-. the figure was arrived at ..... in schedule i;xx xx xxit is not in dispute that injuries claimed to have been sustained in the case at hand, are not specified in schedule-i of the act. therefore, by applying .....Tag this Judgment!
Court : Orissa
Decided on : Feb-03-1993
Reported in : 75(1993)CLT871; (1993)IILLJ1080Ori
..... grievance is made about that and the court on feeling satisfied about the merits of the grievance were to upset the contract after a long period, the same would cause definitely prejudice to the other side as, in the meantime, he; might have invested some money and the same may be non-recoverable from the person who was granted the contract ..... under the law and natural justice was grossly violated. in reply to this submission of dr. panda, shri mohanty has referred us to hira nath mishra v. principal, rajendra medical college: 1973-ii-llj-111 in which on the astounding facts of that case it was held that even if a person gives some evidence against another, natural justice would not always ..... 898, in which there is a detailed discussion aboutthe period within which a person should approach the supreme court under article 32 and whether the period prescribed in the limitation act would apply to such proceedings. the five learned judges of that bench gave different reasons on this aspect of the matter and hidayatullah, c.j., stated that though in england ..... requirements of natural justice and these have been enumerated as three, the same being that (i) the person accused should know the nature of the accusation made; (ii) he should be given an opportunity to state his case; and (iii) the tribunal should act in good faith, which was the view expressed by morman, j. in byrne v. kinematogrph renters society (1958 .....Tag this Judgment!
Court : Orissa
Decided on : May-13-1993
Reported in : 1993(II)OLR490
..... in the samaj are employed in connection with the work done in the satyabadi press and, therefore, the employees of the samaj would come within the definition of section 2(9) of the employees' state insurance act, 1918. the conclusion of the insurance court on that score is based upon thorough misreading of the relevant materials as discussed above and thorough misconception ..... in the said order that the decision of the supreme court in shri narakesari prakashan ltd. and ors. v. employees state insurance corporation etc. etc. (air 1984 sc 1916) should be borne in mind. it was indicated by this court while remanding the matter that the important considerations should be waived for a decision whether the employees of 'the ..... of employment of workers. it seeks to furnish security to the workers of different organisations covered by the act against certain risks to which the workers are exposed. benefits tike sickness, cash benefit, maternity benefit, disablement and dependnt's benefit, medical care and treatment at different hospitals and dispensaries are some of the benefits conferred upon an workman covered under ..... the act,6. the question whether the two units are one or separate came up for consideration before the supreme court in .....Tag this Judgment!
Court : Orissa
Decided on : Jul-22-1993
Reported in : AIR1993Ori259; 76(1993)CLT720
..... (political or other) of the person committing the offence or the time during which the offence was committed. this is sought to be brought home by first referring to the definition of 'offence' as given in section 2(d) of the act which has been defined to mean 'an offence of criminal misconduct within the meaning of clause (e) of sub ..... legal submission of shri rath.47. shri rath, therefore, contends that whatever has been stated in the rule cannot cure the infirmity in the provision finding place in section 2(a) of the act, which does not even speak about consultation with the high court while nominating any officer not below the rank of a district judge as authorised officer. another limb of ..... secretariat could not have been posted 'without the consent of the high court'.46. before expressing any opinion on the point urged by shri rath regarding the invalidity of section 2(a) of the act, we have to advert to what has been provided in rule 9(1) of the rules, the relevant part of which reads as below :--'the state government, in ..... should be given an opportunity to state his case; and (3) the tribunal must act in good faith. this is what was stated by barman, j. in byrne v. kinematograph renters society ltd., (1958) 2 all er 579, which was noted with approval in hiranath v. rajendra medical college, air 1973 sc 1260. then, natural justice cannot be put in a strait-jacket .....Tag this Judgment!
Court : Orissa
Decided on : Oct-14-1993
Reported in : 1994CriLJ467; 1994(I)OLR20
..... kazi has sworn the affidavit of his having been appointed as kazi for the entire area of jagatsinghpur police station as per the provisions of section 2 of the kazi's act, 1880 (act 12 of 1880) by' revenue department notification dated 20-9-1983 published in the orissa gazette (extraordinary) on october 5th. 1993 and ..... p. v. r. k. srivastava) cited by mr. mohapatra has also no application as it was a case where the fir did not contain any definite accusation.10. on the admitted facts of the case, the petitioners have shown petitioner mo. 3 to be ex facie a major, her date of birth being ..... psychiatry.3. it is the submission of mr. palit who has subsequently appeared for the intervener that because of the medical opinion as to the age of petitioner no. 3, an offence under section 363, ipc, has been made out as she was a minor and hence the investigation cannot be quashed. he ..... rather extraordinary. the reference to him was not to determine her mental faculties. she has only been sent for examination to find out her age by medical examination. her state of mind had nothing to do with the determination of her age. the opinion so expressed by the professor was hence absolutely uncalled ..... officer mr. panda and that while she was in the room of the professor she heard the i.o. requesting the doctor to prepare the medical report in accordance with their conversation held on the previous day. from their talk the petitioner no. 3 anticipated some foul play and reasonably apprehended .....Tag this Judgment!
Court : Orissa
Decided on : Feb-12-1993
Reported in : AIR1993Ori176; II(1993)DMC451; 1993(II)OLR252
..... moti das v. s. p. sahi, air 1959 sc 942, in which the validity of the provisions contained in sections 2, 5, 6, 7 and 8 of bihar hindu religious trusts act was assailed on the ground that the definition of the word 'hindu' in section 2 does not include sikhs; and section 5 constitutes a board for religious trusts other than jain religious trusts. as to ..... was discriminatory. the attack on the constitutionality was advanced on the ground that that act applied only to a male or female child if he or she be a muslim, as would appear from the definition of the expression 'abducted person' given in section 2(1)(a). in repelling the attack on the anvil of article 14, it was stated that muslim abducted persons ..... the reason that the areas in question were known to be comparatively backward, and with the exception of himachal pradesh, they did not have any medical college of their own -- the case being relatable to admission to medical colleges. the reservation was, therefore, not held to be violative of article 15(1). it, therefore, means that if reason for differentiation exists, the ..... same would not be hit by article 15.5. we have, therefore, to see whether the provision contained in section 5 of the act can be said to be founded on .....Tag this Judgment!
Court : Orissa
Decided on : May-05-1993
Reported in : 76(1993)CLT218; 1993CriLJ3604; 1993(I)OLR545
..... wider than that given in section 21 of the indian penal code, which had come up for consideration ..... are satisfied that an mla would come within the fold of the definition of 'public servant', as given in section 2(c) of the act, he is not the type of 'public servant' for whose prosecution under the act, previous sanction is required by section 19 is necessary. we quite realise the anomaly of our conclusion, ..... the prevention of corruption act, 1988 (herein- after 'the act'). as this question is being examined by this court (may be, by any high court) for the first time after the act had come into force, in which the definition of 'public servant'' as given in section 2(c) of the act is different from and ..... only in the case of a public servant, vide section 19 of the act) is a subject on which there can be two opinions. if that was the object, nothing would have been easier than saying so specifically in the defining section 2(c) which contains as many as 12 clauses and ..... years, which disqualification would be incurred by the petitioner if he were to be convicted under the provisions of the act, as the allegations against him is under section 13(2) of the act, which visualises punishment upto seven years' imprisonment, which, according to the learned counsel would attract disqualification mentioned by .....Tag this Judgment!
Court : Orissa
Decided on : Sep-14-1993
Reported in : 76(1993)CLT893; [1994(68)FLR666]; (1994)IILLJ19Ori
..... in respectful agreement with the views expressed by the high courts of calcutta, rajasthan and karnataka where the question whether remuneration for overtime work comes within the definition of 'wages' in section 2(22) of the act had come up for consideration and i am in respectful disagreement with the views expressed by the andhra pradesh, bombay and delhi high courts. in my considered ..... was whether under the scheme initiated by the management to pay inam, if production exceeded certain targets, payments made to the employees would come within the definition of 'wages' in section 2(22) of the act? the supreme court held that since such payment was not under a term of contract of employment and it was an incentive payment if certain conditions were ..... being dependent upon the exigencies of the administration as well as the willingness of the employee to work over-time, the same does not come within the definition of 'wages' in section 2(22) of the act and the decision of the e.s.i. court is unassailable. 6. the correctness, of the rival contentions depends upon an interpretation of the expression 'wages' ..... , the payments made thereunder cannot be regarded as 'remuneration' paid as part of the terms of the employment and, therefore, cannot be included within the definition of 'wages' as defined in section 2(22) of the act. this question, however, was considered by a full bench of the andhra pradesh high court, but their lordships of the andhra pradesh high court differing with .....Tag this Judgment!