Orissa Court February 1985 Judgments
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Hare Krishna Jena Vs. the Addl. Superintendent of Police and ors.
Court: Orissa
Decided on: Feb-20-1985
Reported in: 1985(I)OLR438
R.C. Patnaik, J.1. Our extraordinary jurisdiction has been invoked by the petitioner, a dismissed Assistant Sub-Inspector of Police, for the quashing of the order of dismissal (Annexure-10) passed by opposite party No. 2 and confirmed in appeal, by a certiorari.2. The petitioner was posted as an Assistant Sub-Inspector of Police at the Fagu Anti-smuggling post located on the Bihar and Orissa border. There was clandestine movement of rice and paddy in huge quantity across the border. He has alleged that due to his earnest efforts he could curb the activities of the anti-social elements engaged in smuggling and thereby incurred their wrath and displeasure. Particularly he incurred the ire of the local Sarapanch Gopal Giri who was evertly and covertly associated with smuggling. Unfounded allegations were made by Gopal Giri against him to the higher authorities and an investigation ensued. It was conducted by the then Additional Superintendent of Police who recorded statements of various p...
Achyutananda Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-20-1985
Reported in: 1985(I)OLR307
R.C. Patnaik, J. 1. The petitioner, a village agricultural worker has assailed in this application under Article 226 of the Constitution of India his transfer from Pahanaga in the district of Balasore to Jeypore in the district of Koraput.2. The petitioner was appointed as a village level worker. (re-designated as village Agricultural worker) in December, 1964 and was posted in the district of Sambalpur. In December, 196S he was transferred to Balasore. In April. 1976 he was posted in the district of Ganjam. In July, 1933 he was transferred to Bahanaga in the district of Balasore. By order dated 12. 4. 1984 (Annexure-3) ha was transferred to Jeypore by the Additional Director of Agriculture and Fool Preservation, Orissa, on administrative grounds.3. The petitioner has assailed the transfer as motivated and mala fide. He has made a grievance that the order of transfer has been made at the behest of Mr. Chintamani Jena, a Member of the Parliament. He has asserted that his transfer to Jey...
Shankar Prasad Pandey Vs. Mst. Bhanumati Toppo
Court: Orissa
Decided on: Feb-19-1985
Reported in: AIR1986Ori91
ORDERG.B. Patnaik, J. 1. This revision is directed against the order of the Additional District Judge, Sambalpur, in Miscellaneous Appeal No. 73/5 of 1981/82 restoring Title Suit No. 14 of 1980 which was dismissed for default. The suit in question was one for a declaration that the defendant is not entitled to evict or dispossess the plaintiff from the suit house in Execution Case No. 1 of 1975 and for injunction against the defendant. The Execution Case No. 1 of 1975 arose out of a decree in House Rent Control Case No. 46 of 1972. Though for the purpose of deciding this revision, it is not necessary to look to the history of the litigation, for mere understanding of this case, the short facts may be narrated hereunder.2. The present petitioner who is the landlord filed an application for eviction of the tenant one Miss P. Tigga bearing H. R. C. Case No. 46 of 1972 on the ground that the tenant had sublet the house in contravention of the terms of the agreement and further the landlord...
B.D. Jhunjhunwalla Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-19-1985
Reported in: AIR1986Ori128
G.B. Patnaik, J. 1. Petitioner challenges the final order of the Commissioner of Land Records and Settlement (opposite party No. 4) in R. D. Case No. 2591 of 1975 whereby the learned Commissioner has fixed the rent of the lands under occupation of the petitioner at the rate of Rs. 1,000/- per acre. The said order dated 7-12-1976 is annexed to the writ petition as Annexure-4. The petitioner has also prayed to quash the bill amounting to Rs. 62,812.72 sent by the Tahsildar, Cuttack, pursuant to the order of the Commissioner. The said bill is annexed to the writ petition as, Annexure-6.2. The brief facts of the case are that the petitioner is the owner of Ac. 10.001 of land and a glass factory in mauza Dadhapatna near Barang railway station and the factory stands on an area of 3.00 acres of land appertaining to Thana No. 30, Khatiyan No. 27 and plots Nos. 41,32, 41/561 and 40. The Assistant Settlement Officer in exercise of his powers under the Orissa Survey & Settlement Act, 1958 (herein...
Pradip Choudhury Vs. the State
Court: Orissa
Decided on: Feb-19-1985
Reported in: 1985CriLJ1770
B.K. Behera, J.1. The appellant stands convicted under Section 302 of the Indian Penal Code (for short, 'the Code') and sentenced thereunder to undergo imprisonment for life for having committed the murder of his father-in-law (hereinafter to be described as the deceased') on June 21, 1980, at M. P. V. 31 by intentionally causing his death by means of M. O. I. (a knife) and the trial Court has accepted the case of the prosecution based mainly on the evidence of P. W, 2, the mother-in-law of the appellant, who is the widow of the deceased and P. W. 3, the wife of the appellant, who had figured as witnesses to the occurrence and that of P.Ws. 1 and 6, the co-villagers to whom P.Ws. 2 and 3 had immediately reported about the occurrence naming the appellant as the author of the crime, besides the evidence of P.W. 5 who had seen the appellant running away from the village towards the jungle at the relevant time and the recovery of M. O. 1 consequent upon the statement said to have been made...
Deputy Director, Administration, Aviation Research Centre, Government ...
Court: Orissa
Decided on: Feb-18-1985
Reported in: AIR1985Ori213; 1985(I)OLR391
R.C. Patnaik, J.1. These two writapplications are disposed of by this commonorder as identical questions are, involved. Inthese writ applications under Articles 226 and227 of the Constitution of India, the petitioner,the Deputy Director, Administration, AviationResearch Centre, Charbatia, Cuttack, seeksthe quashing of the decisions of this Court inFirst Appeals Nos. 323 and 458 of 1980 andthe awards of the learned Subordinate ludgein Land Acquisition Cases Nos. 170 of 1977and 100 of 1979 giving rise to the first Appealson references under Section 18 of the LandAcquisition Act and to the awards of theCollector against which the references havebeen made. 2. The main thrust of Mr. C V. Murty,the learned Standing Counsel for the Union of India, is that the reference is invalid inasmuch as no notice under Section 20 had been served on the petitioner, who was the person interested, by the Court after the reference under Section 18. He relies on AIR 1978 Madh Pra 218, Town Improvement Trust, ...
Dutta Pradhan and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Feb-15-1985
Reported in: 1985(I)OLR631
K.P. Mohapatra, J.1. The revision is directed against the order passed by the learned Sessions Judge, Berhampur confirming the order of conviction of the petitioners under Sections 143 and 363 I. P. C. passed by the learned Assistant Sessions Judge, Phulbani.2. The prosecution case is that Baseli Pradhan (P. W. 2 ) aged about 17 years was married according to caste custom to Ramesh Padhan ( P. W. 1 ) of village Masedikia about three weeks prior to the occurrence which took place on 26. 3. 79. On that day Baseli along with her companions, Kalimai Padhan (P. W. 3), Urmila Padhan (P. W. 4). Ali Padhan & Aba Padhan of the village came to the nearby jungle to collect mohua flowers. While the girls were collecting mohua flowers, petitioners Ragendra Padhan along with the other petitioners arrived there and having formed an unlawful assembly, forcibly and with out her consent kidnapped Baseli with the intent that she may be compelled to marry petitioner Rajendra. After kidnapping, they kept h...
Saradhakar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Feb-15-1985
Reported in: 1985CriLJ1591
ORDERR.C. Patnaik, J.1. The substantial question that has been raised by Mr. G. N. Mohapatra, the learned Counsel for the petitioner, is if the sentence of rigorous imprisonment for three months imposed on the petitioner, who stood trial for Commission of an offence under Section 324 of the Indian Penal Code, is lethally infected due to the failure of the courts below to apply to the petitioner the provisions contained in the Probation of Offenders Act, 1958, which has come into force in this State, in some districts with effect from 1-12-1962 and rest with effect from 1-9-1966 and their unawareness of the mandate contained in Section 361 of the Cr. P.C2. The incident was a simple one. On a village street the mother of the petitioner and the wife of one Srikar Bhoi entered into a quarrel over some differences among children. Srikar advised his wife to return home forthwith. It is allowed that the petitioner dealt blows on the legs of Srikar. There was an FIR and investigation by the po...
Dutta Pradhan and ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-15-1985
Reported in: 1985CriLJ1842
ORDERK.P. Mohapatra, J.1. The revision is directed against the order passed by the learned Sessions Judge, Berhampur confirming the order of conviction of the petitioners under Sections 143 and 363, I.P.C. passed by the learned Assistant Sessions Judge, Phulbani.2. The prosecution case is that Baseli Pradhan (P.W.2) aged about 17 years was married according to caste custom to Ramesh Padhan (P.W.I) of village Masedikia about three weeks prior to the occurrence which took place on 26-3-79. On that day Baseli along with her companions, Kalimai Padhan (P.W.3), Urmila Padhan (P.W.4), Ali Padhan and Aba Padhan of the village came to the nearby jungle to collect mohua flowers. While the girls were collecting mohua flowers, petitioner Rajendra Padhan along with the other petitioners arrived there and having formed an unlawful assembly, forcibly and without her consent kidnapped Baseli with the intent that she may be compelled to marry petitioner Rajendra. After kidnapping, they kept her at the...
Kamal Kumar Jena Vs. State
Court: Orissa
Decided on: Feb-13-1985
Reported in: 1985(I)OLR253
ORDERP.C. Misra, J.1. We have heard the learned counsel for the petitioner and Mr. N.C. Panigrahi, the learned Additional Government Advocate. The petitioner is accused of an offence of murder. Earlier he had unsuccessfully moved this Court for his release on bail. Now he has made a fresh application on the ground that his mother is suffering from anaemia and bronchitis for which his presence is necessary. It has come to our notice . that a number of such applications are now being made by persons accused of serious and heinous offences after their applications for bail are rejected. The Court should be very careful and circumspect while considering such applications even if they are supported by medical certificates. Having carefully considered the matter, we see no reason to admit the petitioner to bail even for some period. The application is rejected. The Miscellaneous Case is accordingly dismissed.2. The trial be expedited and may be disposed of within three months, if possible....
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