Orissa Court February 1985 Judgments
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Swapneswar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Feb-06-1985
Reported in: 1985CriLJ1870
ORDERB.N. Misra, J.1. The petitioner was one of the accused in G. R. Case No. 155 of 1976 in the court of the learned S. D. J. M., Talcher. The charge against him was under Section 394 read with Section 114, I. P. C. The learned Magistrate upon consideration of the evidence found the petitioner guilty under Section 394, I. P. C. and sentenced him to rigorous imprisonment for 15 months. In appeal, the learned Sessions Judge, Dhenkanal set aside the judgment of conviction and sentence passed against the petitioner giving him the benefit of doubt. It is seen that in course of investigation into the case under seizure list, Ext. 9, a sum of Rs. 6540/- in cash was seized from the Dhenkisal of the petitioner on 12-6-76. In the statement of the petitioner recorded under Section 313 Cr. P.C. in the trial Court he had stated that his brother had fetched Rs. 6540 from the house and given it to the police and that he himself had given nothing. Accordingly, the learned Sessions Judge while acquitt...
Kharavela Industries Pvt. Ltd. Vs. Orissa State Financial Corporation ...
Court: Orissa
Decided on: Feb-05-1985
Reported in: AIR1985Ori153; 1985(I)OLR345
G.B. Patnaik, J.1. In these two writ petitions, the action of the financial institution, namely, the Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') is being impugned by the entrepreneur essentially on the ground that the action of opposite party No. 1, the Corporation, is arbitrary and is calculated to confer undue favour on the Orissa Ceramic Industries Limited (opp. party No. 3 in O J.C. 340 of 1984 and opp. party No. 2 in O J.C. 427 of 1984). The petitioner also alleges that no due notice of the impugned action being given to the petitioner, there has been a flagrant violation of the principles of natural justice and consequently, the action of the Corporation is vitiated.2. After the country became independent, the Industrial Finance Corporation Act came to be enacted in 1948 to set up a Corporation called 'Industrial Finance Corporation' with the object that the said Corporation would provide long-term credits to industrial undertakings. With the...
Dandapani Roula Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-05-1985
Reported in: AIR1986Ori220
J.K. Mohanty, J. 1. The petitioner is the owner of the truck bearing registration No. ORU 6829. This truck is alleged to havebeen involved in the commission of a forest offence and a proceeding has been started against the petitioner. A notice to show cause as to why the vehicle should not be confiscated u/s. 56(2)(a) of the Orissa Forest Act was served on him. The vehicle was also seized. The petitioner filed O.J.C. No. 604 of 1984 challenging the seizure of the truck and also the vires of certain provisions of the Act regarding confiscation and seizure of vehicles. In that writ petition, this Court passed order directing release of the truck on furnishing security of Rs. 1,00,000/- to the satisfaction of the authorised officer with the further stipulation for executing a bond undertaking to produce the vehicle before the authorised officer at the close of the confiscation proceeding, if so required. Failure to produce the vehicle before the authorised officer as and when called upon ...
Smt. Pramodini Dash Vs. the Chairman, Cuttack Municipality and ors.
Court: Orissa
Decided on: Feb-05-1985
Reported in: 1985(I)OLR413
G.B. Pattnaik, J.1. This is an application by a teacher of a school within the municipal limits of Cuttack invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The petitioner has prayed to quash the order of the Municipality dated 28th of March, 1977 (Annezure-5) to the writ petition, where under opposite party No. 4 was given the scale of pay of Rs. 400_620/- with effect from 19.9.1975 and to direct opposite parties 1 to 3 to promote the petitioner to the post of trained graduate teacher. The petitioner has further prayed' that the initial appointment of opposite patty No. 4 dated 19.9.1975 should also be quashed, the same being in contravention of Rules 408 and 426 of the Orissa Municipal Rules.2. According to the petitioner she was a trained graduate on the date she joined the Cuttack Municipality to be posted as a teacher in Busi Bazar Girls, U. P. School on 12. 4. 1971, but she was appointed in a matric C. T. Scale. The ap...
Bipreswar Sahu Vs. the Chairman, Cuttack Municipality and ors.
Court: Orissa
Decided on: Feb-05-1985
Reported in: 1985(I)OLR570
G.B. Pattnaik, J.1. Petitioner, a trained science graduate, was appointed as an Assistant Teacher in I. A. C. T. scale in the Municipal City High School Rajabagicha, on 17.9.1959. The letter of appointment has been annexed as Annexure-1 to the writ petition. In this writ petition he challenges the promotion of opposite party No. 4 to the post, of a trained science graduate teacher and further challenges the promotion of opposite party No. 5 to a post in trained graduate scale as per Annexure-10 to the writ petition. Petitioner has also prayed to quash the appointment of opposite party No. 5 on 19.9.1975 as being contrary to the Rules. 'The petitioner further prays for a direction to opposite party No. 2 to promote the petitioner to a trained graduate scale with effect from June, 1972.2. The case of the petitioner is that though he was a trained science gradute, yet he was appointed temporarily as an assistant teacher in I. A. C. T. scale in the Municipal City High School, Rajabagicha, ...
Jeypore Evengelical Lutheran Church Vs. Dr. Samuel Santhi Kumar Chaudh ...
Court: Orissa
Decided on: Feb-04-1985
Reported in: AIR1985Ori195
ORDERD.P. Mohapatra, J.1. These applications under Section 115, Civil P.C. are directed against the orders passed by the Subordinate Judge, Jeypore rejecting the application of the petitioner to dispauper the plaintiff-opposite party No. 1. The parties in the two cases are the same and the cases involve similar questions of facts and law and the impugned orders are similar in nature. At hearing one set of argument has been advanced and this order will govern both the cases.2. Civil Revision No. 703 of 1983 arises out of M.S. No. 14 of 1981 filed by the opposite party No. 1 initially claiming Rs. 9,893/- against the petitioner and the opposite party No. 2 towards cost of his movables which were allegedly removed by the latter. During pendency of the suit movables worth of Rs. 4,434/- were returned to the plaintiff-opposite party No. 1. Thereafter, he reduced the claim in the suit to Rs. 5,459/-. The court-fees payable on the plaint is Rs. 659.25.Civil Revision No. 704 of 1983 relates to...
General Traders Vs. Tambhu Bisoi and ors.
Court: Orissa
Decided on: Feb-04-1985
Reported in: AIR1986Ori125
ORDERD.P. Mohapatra, J. This application under Section 115, Civil P.C. is directed against the order of the Appellate Court refusing the petitioner's prayer for amendment of plaint.The petitioner filed M. S. No. 1 of 1977 against Brundaban Bisoi for realisation of a sum of Rs. 4841.08 on Khata account for supply of Mahua flowers and jaggery and other commodities. The said Brundaban Bisoi having died during the pendency of this revision petition, his legal representatives have been substituted in his place. The gist of the petitioner's case was that the plaintiff was a registered partnership firm with Harihar Patra as the managing partner. The opposite party opened a mutual and current account with the plaintiff-firm on 30-1-1963 and used to take commodities on credit from the firm as and when necessary and was depositing money according to convenience which was being adjusted towards the price of the commodities taken by him. The opposite party on 3-2-1968 purchased Mahua flower for th...
State of Orissa Vs. Nazrul Ali Sekh,
Court: Orissa
Decided on: Feb-04-1985
Reported in: 1985(I)OLR254
B.K. Behera, J.1. This appeal has been directed against the judgment and order of acquittal of the respondents recorded by the learned Sessions Judge, Balasore, finding them to be not guilty of the charges under Sections 302 read with Sections 34, 328 and 379 of the Indian Penal Code. The case against the respondents and Sk. Satar Alli (P. W. 1), who turned approver, was that on the 2nd day of June, 1976, they committed murder in furtherance of their common intention by administering poison to Atulya Dhan Mishra while he was travelling in the Howrah-Hyderabed Express Train in between Jaleswar and Balasore Railway Stations in order to commit theft and committed theft of bundles of ready made garments and other articles from his possession. To bring home the charges, the prosecution had examined twenty witnesses. The learned trial Judge considered the evidence of the approver and found that he had made a true disclosure about the commission of the crimes, but his evidence had not receive...
State of Orissa Vs. Nazrul Ali Sekh and ors.
Court: Orissa
Decided on: Feb-04-1985
Reported in: 1985CriLJ1311
B.K. Behera, J. 1. This appeal has been directed against the judgment and order of acquittal of the respondents recorded by the learned Sessions Judge, Balasore, finding them to be not guilty of the charges under Section 302 read with Sections 34, 328 and 379 of the Penal Code. The case against the respondents and Sk. Satar Alli (P.W.1), who turned approver, was that on the 2nd day of June, 1976, they committed murder in furtherance of their common intention by administering poison to Atulya Dhan Mishra while he was travelling in the Howrah-Hyderabad Express Train in between Jaleswar and Balasore Railway Stations in order to commit theft and committed theft of bundles of readymade garments and other articles from his possession. - To bring home the charges, the prosecution had examined twenty witnesses. The learned trial Judge considered the evidence of the approver and found that he had made a true disclosure about the commission of the crimes, but his evidence had not received corrob...
Baikunthanath Mohanty Vs. the State of Orissa
Court: Orissa
Decided on: Feb-01-1985
Reported in: 1985(I)OLR263
K.P. Mohapatra, J.1. This appeal is directed against the order passed by the Special Judge (Vigilance), Sambalpur convicting the appellant under Section 5(2) of the Prevention of Corruption Act (referred to as the 'Act') and under Section 409 I. P. C. and sentencing him to imprisonment of various terms and fines of different amounts with a further direction that the sentences of imprisonment shall run concurrently. 2. The brief facts of the prosecution case are that the appellant was serving as the Revenue Inspector of Tora within Bargarh Sub-division in the months of July and August, 1975. During those months there was a special drive for collection of land revenue and water tax from tenants. The appellant as the Revenue Inspector of the area was incharge of collection thereof. On 26. 7. 1975 he collected a sum of Rs. 50/- and again on 27. 7. 1975 he collected a further sum of Rs. 400/- from Ramesh Chandra Sahu (P. W. 5) towards land revenue and water tax. In July 1975 he collected a ...
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