Skip to content


Judgment Search Results Home > Cases Phrase: patents Year: 2002 Page 100 of about 1,367 results (0.031 seconds)

Dec 27 2002 (HC)

Samir SwaIn Alias Samir Kumar SwaIn Vs. State of Orissa

Court : Orissa

Decided on : Dec-27-2002

Reported in : 2003(I)OLR233

p.k. misra, j.1. this appeal is directed against the order dated 22.12.1993 passed by the learned sessions judge. dhenkanal, in s.t. case no. 56 of 1992, whereby the appellant has been convicted under sections 302, 341, 379 and 506 of the indian penal code (for short, 'ipc') and sentenced to under- go imprisonment of life for the offence under section 302, ipc, six months each under sections 506 and 379, ipc, and three months under section 341, ipc, the sentences to run concurrently.2. the appellant and six others had faced trial before the learned sessions judge, dhenkanal, who on consideration of the evidence on record, convicted the appellant alone and acquitted the other accused persons.3. the prosecution case, as revealed during trial is that on 19.09.1991 at about 9.00 a.m., informant damodar swain (p.w.6) and deceased ananda were going to dhenkanal on their respective bicycles. on the way near barakanya hillock, the appellant who had hidden himself behind amari bushes, all on a sudden appeared being armed with a sword, obstructed their way and threatened the deceased to eliminate his family. all entreaties for forbearance made by the deceased were in vain and the appellant pushed the sword into the abdomen of the deceased. when the appellant attempted a second blow, the deceased caught hold of the sword. on protest being raised by the informant, the appellant fled away towards dhenkanal with the sword in his hand. as a result of the injuries inflicted on the deceased, .....

Tag this Judgment!

Oct 30 2002 (HC)

Dr. Jugal Kishore Satapathy Vs. Sri D.P. Bagchi and anr.

Court : Orissa

Decided on : Oct-30-2002

Reported in : 2003(I)OLR245

r.k. patra, j.1. this application is an offshoot of the judgment dated 26.2.2002 passed by a bench of this court in the writ petition filed by the petitioner (vide ojc no. 10471 of 2001).2. the petitioner filed o.a. no. 2082 (c) of 1999 before the orissa administrative tribunal, cuttack bench, cuttack praying for promotional benefits including promotion to o.a.s. class-i (senior bench) with retrospective effect. as the tribunal rejected the claim, he filed writ petition (ojc no. 10471 of 2001) in this court. this court by judgment dated 26.2.2002 allowed the writ petition by observing inter alia as follows :'11. in view of what has been stated above, we have no hesitation to held that the petitioner has been wronged and he merits consideration for promotion to o.a.s. class-i (s.b.) with effect, from 15.10.1986 as well as the other consequential promotional benefits including supper-time scale. the tribunal clearly fell into error in not appreciating the case of the petitioner in its proper perspective. we accordingly set aside that part of the order of the tribunal denying the petitioner retrospective promotion to o.a.s. class-i (senior branch) with effect from 15.10.1986 and direct opposite parties 1 and 2 to consider the case of the petitioner for promotion to o.a.s. class-i (senior branch) with effect from 15.10.1986 and to other consequential promotional benefits including supper-time scale. this may be done within a period of two months of receipt of the order.'3. the .....

Tag this Judgment!

Dec 20 2002 (HC)

Kalpataru SwaIn Vs. Shantilata Swain

Court : Orissa

Decided on : Dec-20-2002

Reported in : 2003(I)OLR248

pradipta ray, j.1. respondent-wife, shantilata swain instituted civil proceeding no. 38 of 1997 before the family court, rourkela for restitution of conjugal rights and custody of children. appellant-husband, kalpataru swain initiated civil proceeding no. 92 of 1997 in the said family court for a decree of divorce on the ground contained in section 13(1), (la) of the hindu marriage act (hereinafter referred to as 'the act').2. family court by its judgment dated october 5, 1999 allowed the application for restitution of conjugal rights and granted an alimony of rs. 700/- per month in favour of the wife. by a separate judgment dated october 5, 1999 family court dismissed husband's application for divorce.3. appellant-husband has filed civil appeal no. 54 of 1999 against the judgment and decree for restitution of conjugal rights and civil appeal no. 55 of 1999 against those refusing to grant a decree for divorce in this court. both the appeals have been heard together and are being disposed of by this common judgment.4. in these proceedings under the act, both husband and wife have made mutual allegations and counter allegations against each other. both the parties have alleged cruelty, both mental and physical, torture and adulterous life against each other. family court in its judgment in the proceeding for restitution of conjugal rights has recorded a finding that the wife gave birth to a son out of an incestuous relationship with somebody, but held the husband responsible .....

Tag this Judgment!

Dec 04 2002 (HC)

State of Orissa and ors. Vs. Jayaram Mahapatra

Court : Orissa

Decided on : Dec-04-2002

Reported in : 2003(I)OLR299

l. mohapatra, j.1. defendants are the plaintiffs before this court against a confirming judgment. the plaintiff-respondent filed the suit for declaration that his date of birth is 2.11.1926 and as such he is entitled to be retained in service till 2.11.1984 under the prevailing service rules and for further direction to reinstate him in service.2. the case of the plaintiff-respondent is that he joined the service as inspector of co-operative societies as per order of the defendant no. 2 and on the date of retirement from service he was working as assistant registrar of co-operative societies. according to the plaintiff, his date, of birth is 2.11.1926 but due to wrong entry of the his date of birth in the gradation list prepared by the defendants he was prematurely retired about six years prior to his actual date of retirement. further case of the plaintiff is that the gradation list was prepared in the year 1958 and his date of birth was wrongly noted as 2.11.1920 instead of 2.11.1926 and coming to know about the same, he made a representation to the registrar, co-operative societies on 24.6.1959 requesting him for correction of the date of birth as reflected in the gradation list. the said representation was not attended to for a long time and ultimately the plaintiff submitted a memorial to the governor of orissa on 29.12.1973 and as there was no response, he had filed o.j.c. no. 868 of 1977 before this court wherein the defendants were directed by the high court to .....

Tag this Judgment!

Nov 13 2002 (HC)

Oriental Insulated Conductors Private Limited Vs. Union of India (Uoi) ...

Court : Orissa

Decided on : Nov-13-2002

Reported in : 2003(I)OLR445

p.k. balasubramanyan, c.j.1. as directed by this court on 19.8.1987 the following question of law was referred to this court for its opinion by the appellate tribunal. customs, excise and gold (control), new delhi.'whether aluminum strips manufactured by the petitioner as intermediate product during the periods in question is leviable to tax under the act ?'2. the petitioner was issued a notice by the superintendent. central excise, cuttack-11 range demanding central excise duty amounting to rs. 14,255.76 basic and rs. 1,425.58 special under rule 9 (1) of the central excise rules in respect of aluminum strips of 2861.120 kgs. made by the petitioner without payment of central excise duty and without preparing any central excise documents. notice was also issued to show cause why the amount referred to above should not be recovered as duty and why the goods under reference should not be confiscated. the reply to the show-cause being given, the question that arose for consideration before the authority was whether the aluminium strips manufactured by the petitioner was liable to duty under t.i. 27 (]) of the central excise tariff. before the authority question raised was whether the item could be assessed allegedly retrospectively rather than whether it was liable to duty under t.i. 27 (bj of central excise tariff. the original authority held that it was assessable to duty under t.i. 27(b) of central excise tariff. the appeal filed by the petitioner was dismissed by the .....

Tag this Judgment!

Dec 11 2002 (HC)

Seema Kedia Vs. State of Orissa and ors.

Court : Orissa

Decided on : Dec-11-2002

Reported in : 2003(I)OLR478

b.p. das, j.1. the petitioner, who is a helpless lady and whose husband-kisan kedia died in a mysterious circumstances, has filed this application under section 482 of the code of criminal procedure, 1973 (cr. p.c. in short) praying for re-investigation of sambalpur town p.s. case no. 260 dated 26.7.2000 by the central bureau of investigation (c.b.i. in short) on the allegation that a clear case of murder is being tried to be hushed off by the investigation agency of the state at the behest of the masters/ employers of the deceased, who are moneyed and influential businessmen of sambalpur town.2. briefly stated, the facts giving rise to the present application. as transpire from the record. may be stated thus :on 26.7.2000 at about 6.30 a.m. on dilip kumar vegad. son of mohanlal udhaj vegad of jhaduapada, sambalpur town. made an oral information before the inspector-in-charge of sambalpur town police station disclosing the death of his co-employee. kisan kedia, and the same was reduced to writing and was treated as an f.i.r. (annexure-2). the informant in the aforesaid f.i.r. disclosed that he had been working as a salesman for the last two years in 'jay ambey general stores' at gaiety road, sambalpur, belonging to hemant kumar patel and gobardhan bhai patel. where the deceased kisan kedia was working as salesman along with two others. on 25/26.7.2000 at about 1.30 a.m. hemant kumar patel came to his residence along with the deceased and asked him to come immediately to his .....

Tag this Judgment!

Feb 04 2002 (HC)

Mathias Kullu Vs. State of Orissa

Court : Orissa

Decided on : Feb-04-2002

Reported in : 2002(I)OLR292

c.r. pal, j.1. the appeal preferred against the judgment dated 28.10.1999 passed by the learned sessions judge, sundargarh in sessions trial no. 170 of 1997 convicting the appellant under sections 201 and 302,1.p.c. and sentencing him under section 201, i.p.c. to undergo r.i. for five years and under section 302, i.p.c. to capital punishment and the reference made by the learned sessions judge under section 366 of the code of criminal procedure. 1973 were heard together and are disposed of by this common judgment.2. the facts of the case which gave rise to this appeal are as follows :the appellant and two others, namely, jabhiar soreng and sylvestar lakra stood charged for the offences under section 302, 201 read with section 34, i.p.c. for committing murder of lajrus kullu, the brother of the appellant, katirna kido alias kullu, the wife of lajrus kullu and ruben kullu, the son of lajrus kullu sometime in the month of august, 1996. the case against the appellant is that he was not pulling on well with his brother lajrus kullu as there was dispute between them relating to landed property. in the month of august, 1996 the co-villagers of the appellant found lajrus kullu, his wife and son missing from the village. initially they thoughtjthat as usual lajrus with his wife and son might have gone to some other village for work. on enquiry the appellant also told the villagers that his brother with his wife and son to have gone to some other village for work. some months .....

Tag this Judgment!

Feb 06 2002 (HC)

Dhobulu Santa and Basu Santa Vs. State of Orissa

Court : Orissa

Decided on : Feb-06-2002

Reported in : 2002(I)OLR322

p. panigrahi, j.1. these to appeals are directed against the judgment/order of conviction under sections 302/34, i.p.c. passed by the learned additional sessions judge, jeypore, in s.c. no. 31 of 1993 (s.c. no. 12/92) sentencing the appellants to undergo imprisonment for life.2. the skeletal picture of the prosecution story as revealed during the trial is as follows :that on 23.9.1992, wednesday, at about 8 a.m. deceased sashi bhusan mandal came from his village with a cash of rs. 2900/-, two gunny bags, one chadar, one lungi, one cloth bag and also one wrist watch of hmt make to purchase dry fish from jeypore market. while going to jeypore market, the deceased had to cross chhatiguda through the plantation field of o.f.d.c. ltd. near bualibeda. it has been averred that he was moving by his bicycle to catch bus for jeypore from village chhatiguda. he was supposed to return on the following thursday. since he did not return home his family members were in frantic search of him. on the following saturday one santosh kumar-sahu, who was a watcher of the plantation area found a dead body lying inside the plantation field covered with the branches of tree. accordingly, he informed the police at umerkote p.s. upon which u. d. case no. 38/92 was registered and accordingly enquired into, during the course of enquiry it was ascertained that the death was homicidal in nature. therefore, p.w.10 drew up a plain paper f.i.r. marked ext. 16 in the trial court on the basis of which a case .....

Tag this Judgment!

Feb 06 2002 (HC)

State of Orissa Vs. Md. Abdul Sattar

Court : Orissa

Decided on : Feb-06-2002

Reported in : 2002(I)OLR342

l. mohapatra, j.1. this appeal has been filed challenging the judgment and order passed by the c.j.m., bhawanipatna acquitting the respondent from charge under section 468 of the penal code.2. case of the prosecution is that during the period from 3.1.1982 to 26.9.1982 the respondent was working as head moharir in the district police office, kalahandi, bhawanipatna. during his tenure as head moharir he forged four bus warrants in favour of s.i. m. khan and a.s.i. a. rahman. on verification, it was found that those two police officers were never posted in the district of kalahandi. the bus warrants were suspected to have been forged by the respondent for the purpose of cheating the government with dishonest intention. accordingly, an f.i.r. (ext. 13) was lodged by the accountant of the district police office, kalahandi and upon investigation charge-sheet was submitted for the offence 'alleged to have committed under section 468, i.p.c.3. twelve witnesses were examined on behalf of the prosecution to prove the charge and on consideration of the evidence through the learned magistrate came to conclusion that there is some material to show that the documents had been forged by the respondent, intention to cheat having not been proved, he acquitted the respondent of the charge.4. shri pradhan, learned additional standing counsel appearing for the state challenged the said finding on the ground that the learned magistrate having come to conclusion that the forging had been .....

Tag this Judgment!

Jan 29 2002 (HC)

Managobinda Sahoo and ors. Vs. State of Orissa and anr.

Court : Orissa

Decided on : Jan-29-2002

Reported in : 2002(I)OLR352

b. panigrahi, j.1. the petitioners, who are the villagers of kantiokateni have filed this case for declaring letter no. 6829 dated 8.12.2000 issued by the divisional forest officer. dhenkanal to be illegal and, consequently, no action shall be taken thereon. in this case ward members of ward nos. 1,4,5,6,8,9.10 and 11 have filed an application to be included as intervenors and their application was directed to be considered at the time of hearing of the case. the opposite parties have filed their counter affidavit in this case, inter alia, denying the averments of the writ application.2. the writ petitioners have claimed to have constituted vana surakhya samiti (in short 'v.s.s.') in consultation with the opposite party no. 2. after formation of such v.s.s.. it is stated that there was a memorandum of understanding between the petitioner and the opposite parties. the v.s.s. was constituted with a view to protect, safeguard and conserve the forest growth and the villagers shall only be permitted to use certain forest produce for their domestic use. in the said scheme it was further indicated that an executive committee shall be constituted consisting of 10 to 15 members which shall be presided over by the naib sarpanch of the panchayat and the forest officials will also be taken as members. the tenure of the executive committee shall be for a period of two years from the date it assumes charge. it has also been stated in the resolution that if the work of the executive .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //