Orissa Court April 1985 Judgments
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Jaladhar SwaIn and ors. Vs. Smt. Suchitra SwaIn and anr.
Court: Orissa
Decided on: Apr-18-1985
Reported in: 1985(I)OLR603
G.B. Pattnaik, J.1. Petitioners are the accused persons in a complaint case bearing number ICC 136 of 1982, pending in the Court of the Chief Judicial Magistrate, Cuttack.2. A complaint was fried by opposite party No. I making allegations against the petitioners to the effect that they had committed offences under Sections 380, 324, 510, 109, 323, 420 and 379, Indian Penal Code. After taking the initial statement of the complainant by order dated 15.4.82. the learned Magistrate took Code against of the offences under Section 420, 323, 500 and 504 and 379, Indian Penal Code against the accused petitioners and issued summons to the accused fixing their appearance to 10.5.1982. The petitioners in this revision have invoked the inherent power of this Court to quash the said order taking Code against and to quash the criminal proceedings pending before the learned Magistrate.3. Mr. Mohany, the learned counsel for the petitioners, raises three submissions in support of the prayer to quash th...
Gyanendra Kumar Pradhan Vs. Sri Bhagirathi Tarasia
Court: Orissa
Decided on: Apr-18-1985
Reported in: 1985(II)OLR25
G.B. Pattnaik, J.1. This is an application invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure to expunge a portion of the judgment of the learned Magistrate dated 8. 11. 1982.2. On an application filed by one Asali Dei and her minor son under Section 125 of the Code of Criminal Procedure, the same was registered as Criminal Misc. Case No. 1 of 1979 in the Court of the Sub-Divisional Judicial Magistrate, Rairakhole. In the said application, the petitioners claimed maintenance from the opposite party-husband, Chakradhar Pradhan. The present petitioner is the counsel appearing for the said Chakradhar Pradhan in the aforesaid case. The learned Magistrate who tried the case while delivering judgment has made certain remarks in the judgment against the present petitioner. The petitioner has, therefore, filed this application praying to expunge the said remarks.3. Mr. Mohanty, the learned counsel for the petitioner, submits that the 'earned Ma...
Subodh Chandra Shome and ors. Vs. Durga Madhab Das
Court: Orissa
Decided on: Apr-18-1985
Reported in: 1985(II)OLR115
G B. Pattnaik, J.1. The accused persons in complaint case No. ICC. 40/84 are the petitioners who have invoked the inherent jurisdiction of this Court under Section 482, Criminal Procedure Code to quash the order of the Chief Judicial Magistrate, Cuttack, taking cognisance of the offence under Section 420, Indian Penal Code and summoning the petitioners to appear before him. The opposite party filed a complaint before the learned Magistrate alleging that a power of attorney was executed by the petitioners in his favour authorising him to sell some lands belonging to the petitioners and in pursuance of the said power of attorney though the opposite party did negotiate some sale and in fact effected some sale and spent some money for purchase of stamps, the accused persons cheated him in not paying his dues which according to the opposite party amounts to Rs. 10,400/-. On the basis of the said complaint petition and after recording the initial statement of the complainant, the learned Mag...
Smt. Annapurna Parija Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-18-1985
Reported in: 1986CriLJ115
ORDERG.B. Patnaik, J.1. Petitioner is the owner of a motor vehicle bearing registration number OHU 8052. The said vehicle while operating on the route Cuttack to Paradeep was checked by the Officer-in-Charge, Tirtol Police Station on 13-7-1981 and it was found that the tax for the quarter had not been paid. The Officer-in-Charge, Tirtol Police Station, submitted a prosecution report to the Sub-Divisional Judicial Magistrate, Jagatsinghpur, indicating that the petitioner had violated the provisions of Section 13 of the Orissa Motor Vehicles Taxation Act, 1975 (hereinafter referred to as the 'Act'). On the basis of the said prosecution report, the learned Magistrate took cognisance and on receipt of summons from the Magistrate, the petitioner entered appearance. The petitioner thereafter filed an application before the learned Magistrate that the tax in question had been paid on 14-7-1981 and, therefore, no offence had been committed by her. It was further contended in the said applicati...
Arjun Charan Samal Vs. State of Orissa
Court: Orissa
Decided on: Apr-18-1985
Reported in: 60(1985)CLT157; 1986CriLJ216
P.C. Misra, J.1. This writ application has been filed by the petitioner who is undergoing his sentence in the Circle Jail at Cuttack praying for his release.2. The petitioner, Arjun Charan Samal along with fifteen others was tried under Sections 148/302/34, I.P.C. for causing the death of one Rama Naik on 11-2-1973. The petitioner and three other accused persons were also charged under Section 324,I.P.C. All of them were tried in S.T. No. 48-C of 1973 in the Court of the Additional Sessions Judge, Cuttack, and by judgment dt. 14-8-1974, the petitioner was convicted under Sections 302 and 324, I.P.C. and was sentenced to undergo rigorous imprisonment for life under Section 302, I.P.C. and for six months under Section 324, I.P.C, both the sentences were directed to run concurrently. The other accused persons were acquitted. Against the aforesaid judgment, the petitioner preferred an appeal in Criminal Appeal No. 173 of 1974 and the State of Orissa filed Government Appeal No. 9 of 1975. T...
Hara Prasad Das and ors. Vs. Ramballav Das and ors.
Court: Orissa
Decided on: Apr-17-1985
Reported in: 1985(I)OLR464
K.P. Mohapatra, J.1. In this petition under Article 226 of the Constitution of India, the petitioners have prayed for quashing of Annexure 3 and 5 and restoration of Annexure 2 which are the orders passed by the appellate authority in Appeal Case No. 36 of 1976, the revisional authority in Consolidation Revision No. 49 of 1977 and the, consolidation office in Objection Case Nos. 371 and 524 of 1972 respectively.2. Balabhadra had three sons, named, Padmacharan, Radhacharan and Madhab. Madhab was adopted to Gadadhar a stranger to the family. Madhab had no son and, therefore, he adopted Jagmohan, a son of Radhacharan. Petitioners 1, 2 and 3 are the sons of Jagmohan (petitioner No. 7). Petitioner No. 8 is the wife of petitioner No. 7 Opposite parties 1 and 3 are the son's sons of Radhacharan. Opposite parties Nos. 2(a) to 2(f) were substituted in place of original opposite party No. 2, deity Chaitanya Deb represented by Marfatdar Janakiballav Das, son's son of Radhacharan. In O. S. No. 3 o...
Jagannath Kar Vs. the Sub-divisional Officer, Cuttack and ors.
Court: Orissa
Decided on: Apr-16-1985
Reported in: AIR1986Ori140; 60(1985)CLT46
S.C. Mohapatra, J.1. This is an application under Articles 226 and 227 of the Constitution arising out of a proceeding under Chapter IV of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act').2. Suo motu proceeding under Section 42 of the Act registered as Ceiling Case No. 17 of 1974 was initiated by the Revenue Officer-cum-Tahasildar, Salipur to determine the ceiling surplus lands of the petitioner. The draft statement was confirmed under Section 44(1) of the Act on 14-11-1975 declaring that the petitioner has 3.504 acres of surplus land. The petitioner preferred an appeal registered as O.L.R. Appeal No. 42 of 1975 under Section 44(1)of the Act. By order dt. 26-4-1976, the appeal was dismissed on the sole ground that the statement in the meantime has been finally published for which no appeal could' be entertainable. Immediately thereafter, 2.815 standard acres of land was distributed to opposite parties 3 to 14 under Section 51 of the Act. Revision of the petition...
Madan Charan Das and ors. Vs. Padan Charan Das and ors.
Court: Orissa
Decided on: Apr-16-1985
Reported in: AIR1985Ori274; 1985(II)OLR84
G.B. Patnaik, J. 1. Defendants are appellants against the judgment and decree of the Subordinate Judge, Kendrapara, in Title Suit No. 23 of 1973. Plaintiff filed the suit for a declaration that the deed of partition dated 5-5-1973 is invalid, inoperative and null and void on account of fraud perpetrated on him by the defendants by including in the said document the self-acquired properties of the plaintiff to the extent of 7.592 described in Lot No. 3 of the plaint schedule. 2. According to the plaintiffs case, the plaintiff and the defendants are brothers and all of them had inherited the ancestral family property to the extent of 1.85 acres described in Lot No. 1 of the plaint schedule. By the time when plaintiffs father expired, he was only 18 years old and as the family properties were not sufficient to make both ends meet, the plaintiff left for Calcutta and started some milk business and out of the income of the said business maintained the defendants and also purchased the prope...
State of Orissa Vs. Khudiram Sahu
Court: Orissa
Decided on: Apr-16-1985
Reported in: 1985(I)OLR461
B.K. Behera, J.1. This appeal has been directed against the judgment and order of acquittal recorded by the Assistant Sessions Judge, Mayurbhanj, holding the respondent to be not guilty of the charge of rape under Section 376 of the Indian Penal Code (for short, 'the Code') and acquitting him of the charge. Briefly stated, the case of the prosecution presented at the trial was that after nightfall on July29, 1979, the respondent, having left his wife at a friend's house came back home and after fending away his daughter Basanti for purchase of sugar, suggested to the victim girl (P.W.5) who had been called to and kept in the house to give company to Basanti, to have sexual intercourse. As P. W. 5 esisted, she was then lifted to an enclosed verandah of the house of the respondent. Her mouth was gagged and her hands and feet were tied and the respondent forcibly committed rape on her and there after was had the private part and the semen-stained clothes of the victim girl with hot water ...
Bhagabati Charan Chand Vs. State Bank of India and ors.
Court: Orissa
Decided on: Apr-16-1985
Reported in: 1985(II)OLR50
J.K. Mohanty, J.1. The petitioner was serving as the Chief Chshier in the State Bank of India, Bhubaneswar Branch. He was on leave from 19. 6. 1978 (both days inclusive). There was detection of shortage of cash amounting to Rs. 13,000/- (ten thousand) from the strong from on 3.7.1978. A further shortage of Rs. 4,00,000/- (four lakhs) was detected on 5.7.1973. A departmental proceeding was started against the petitioner on the ground that the above shortage was due to the negligence of the petitioner and failure to discharge his duties with utmost devotion. The Chief General Manager, State Bank of India, Bhubaneswar (O. P. No. 3) framed charges against the petitioner on 5.1.1930 as per Annexure-2 and appointed opposite party No. 4 as the Inquiring Officer as per Annexure-3. The petitioner duly submitted his explanation as per Annexure-4. The inquiry commenced on 2.5.1980. After attending the inquiry for some days, the petitioner avoided to take part in the same. So opposite party No. 4 ...
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