Orissa Court April 1985 Judgments
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Bijuli and ors. Vs. State
Court: Orissa
Decided on: Apr-16-1985
Reported in: 1985CriLJ1977
B.K. Behera, J.1. These appeals arise out of the same judgment and order passed by the learned Sessions Judge, Balasore, convicting the appellants Baidyanath Sial, Rabindra alias Juga Barik, Ratnakar Behera alias Gobinda Barik alias Shyam Sundar Barik and Bijuli alias Bijay Behera under Section 395 of the I.P.C. (for short, the 'Code') and sentencing each of them thereunder to undergo rigorous imprisonment for a period of eight years and convicting the appellant Ramakanta Behera under Section 412 of the Code and sentencing him thereunder to undergo imprisonment for a period of two years. Another person, namely, Babaji Naik, has been convicted under Section 412 of the Code and sentenced to undergo rigorous imprisonment for a period of three years. It has been reported by the High Court office that Babaji Naik has not prererred an appeal against the judgment and order of conviction. While hearing the appeals, the learned Additional Standing Counsel has been put to notice to address this ...
Hatiram Naik Vs. Surendra Kumar Mallik
Court: Orissa
Decided on: Apr-16-1985
Reported in: 1986CriLJ1271
ORDERG.B. Patnaik, J.1. This petition has been filed invoking the inherent jurisdiction of this Court under Section 482, Cr. P.C. to quash the proceeding initiated against the petitioner in ICC Case No. 4 of 1983 in the Court of the Chief Judicial Magistrate, Kalahandi at Bhawani-patna. On a complaint petition filed by the opposite party against the petitioner, the learned Chief Judicial Magistrate by the impugned order dated 31-3-1983 took cognizance of the offence under Section 420, Penal Code, and directed for issuance of summons against the petitioner. The petitioner in this revision challenges the said order of taking cognizance and has prayed for quashing the entire proceeding.'2. The case of the opposite party as unfolded in the complaint petition is that on 1-12-1982 when the accused was moving in the bus stand, he met the complainant and they talked with each other since both of them were known to each other for a long time. In course of the said talk, the complainant enquired...
Bengal Immunity Company Limited and anr. Vs. Parsuram Behera and ors.
Court: Orissa
Decided on: Apr-12-1985
Reported in: 1985(I)OLR545
D.P. Mohapatra, J.1. The petitioners in these six applications under Articles 226 and 227 of the Constitution of India are tenants against whom their respective land-lords filed proceedings under the Orissa House Rent Control Act, 1967 (hereinafter referred to as 'the Act') for eviction. The said proceedings stand at different stages; in four cases, namely, O. J, Cs. 1967/83, 1816/84, 2003/84 and 2030/84 final orders of eviction have bean passed against the petitioners, in the other two namely. O. J Cs. 2507/81 and 1217/82 the proceedings are pending before the House Rent Controller.In all these cases a common question relating to the jurisdiction of the authorities under the Act has been raised on behalf of the petitioners. The question is that the Orissa House Rent Control Act, 1967 (Orissa Act 4 of 1968 ) having spent its force by efflux of time on 3. 5.1981, the Orissa House Rent Control {Amendment) Act, 1981 (Orissa Act 15 of 1981) purporting to the extend of the life of the forme...
Debendra Nanda Goswami and ors. Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-11-1985
Reported in: AIR1986Ori5; 60(1985)CLT1
P. P. Mohapatra, J. 1. The Petitioners in all these seven applications under Article 226 of the Constitution of India raise a common grievance relating to accord of recognition of their educational institutions. In all the applications, excepting O.J.C. Nos. 773/84, 1320/84 and 2730/84, the Management of the respective institutions are the applicants. In O.J.C. Nos. 773/84, 1320/84 and 2730/84 some students of different institutions are the petitioners. The State of Orissa represented by the Secretary in the Education and Youth Services Department, Director of State Council of Educational Research and Training, the Inspector of schools having jurisdiction over the area where the institution is situated and the Board of Secondary Education, Orissa are the opposite parties in the writ applications. The institutions concerned are privately managed Secondary Training Schools located in different parts of the State. They prepare students for the certified teachers Examination. (C. T. Examin...
State of Orissa Vs. A.P. Raju
Court: Orissa
Decided on: Apr-11-1985
Reported in: 1985(I)OLR468
G.B. Pattnaik, J.1. This is an appeal against the order of acquittal passed by the Sub-divisional Judicial Magistrate, Jeypore, in G.R. Case No. 321 of 1979. The accused-respondent was a driver in the O. S. R. T. C. Bus bearing registration number OSC 2568 and on 20.5.1979 while it was being driven by the accused in a rash and negligent manner, it dashed against a boy called Pradeep Kumar, who succumbed to the injuries. The conductor of the bus (P. W. 8) lodged an F.I.R. at Boriguma Police Station and after necessary investigation charge sheet was filed against the accused under Sections 279 and 304A, Indian Penal Code and accused stood his trial for the said offences.2. According to the prosecution case, three boys were standing under a banyan tree by the side of the main road when the vehicle being driven by the accused with a. high speed dashed against Pradeep Kumar in consequence of which he was thrown to a distance and became unconscious and ultimately the boy died. The defence wa...
Kailash Mahanta Vs. the State
Court: Orissa
Decided on: Apr-11-1985
Reported in: 1985(II)OLR171
B.K. Behera, J.1. The appellant stood charged along with two other co-accused persons under Section 392 of the Indian Penal Code ( for short, 'the Code' ) with having committed robbery in respect of cash belonging to Nandalal Bagudia (P. W. 1) being carried by Bhagwan Jee Pawari (P. W. 2) after nightfall on September 14, 1982, at Bhadrak and he stood separately charged under Section 397 of the Code for having used a deadly weapon, such as, a knife and for having caused grievous hurt to P. W. 2 during the commission of the offence of robbery. The appellant had denied the charges. On a consideration of the prosecution evidence, the appellant has been found to be guilty of the charge of robbery and convicted under Section 397 of the Code. He has been sentenced thereunder to undergo rigorous imprisonment for a period of seven years.2. Mr. S. C. Sahu, appearing for the appellant, has not challenged the finding recorded by the trial Court that the appellant had committed robbery in view of t...
Dibakar Menon Vs. Pankajini Naik
Court: Orissa
Decided on: Apr-06-1985
Reported in: 1985(II)OLR14
B.N. Misra, J.1. This revision is directed against the order dated 28. 6. 84 passed by the learned S.D.J.M., Bonai directing the petitioner to pay to the opposite party maintenance of Rs. 75/- per month for her illegitimate child.2. The opposite party filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance of Rs. 500/-per month for herself and for her child on the ground that the petitioner was the father of the child. According to the opp. party, during her minority the petitioner who was her neighbour falsely promised marriage and cohabited with her as a result of which a son was born to her. Thereafter the petitioner forsook the opposite party and the child. The petitioner did not pay any heed to the advice of the villagers and well-wishers. As the opposite party was unable to maintain herself, she took shelter of the court claiming maintenance from the petitioner.3. In his counter the petitioner has denied all the allegations made by the opposi...
Jugal Kishore Mirmu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-05-1985
Reported in: AIR1986Ori118
S.C. Mohapatra, J. 1. In this application under Articles 226 and 227 of the Constitution of India the petitioner invokes the extraordinary writ jurisdiction of this Court to get his application under Section 36A of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act') disposed of on merits by the Revenue Officer, Baripada in O.L.R. Case No. 553 of 1976. 2. The petitioner claims to be a tenant under Maharani Premkumari Devi of Baripada. She possessed lands beyond the ceiling limit fixed under the Act for which O.L.R. Case No. 90 of 1975 was initiated and the Revenue Officer determined 173.89 acres to be her ceiling surplus land. On 23-5-1976 the draft statement was confirmed under Section 44(1) of the Act and the same was finally published on 20-7-76. Shortly thereafter, on 6-8-1976 the petitioner made an application under Section 36A of the Act before the Revenue Officer for declaration of the land in his cultivation as a tenant to be non-resumable and to determine t...
Malik Abdul Salem and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-05-1985
Reported in: 1985CriLJ1871
J.K. Mohanty, J.1. The two appellants and one Sansari Sahu (since acquitted) were tried in the court of the Sessions Judge, Puri, and were charged under Sections 302/34 and 201 IPC. Appellant No, 1, Malik Abdul Salem, was also specifically charged Under Section 302, IPC for committing murder of Saroj Bhujabal. The allegation against them was that they committed murder of one Saroj Bhujabal, a boy, in furtherance of their common intention and thereafter placed the dead body in the drain under the cabin of P. W. 2 with the intention of screening themselves from legal punishment. The learned Sessions Judge found the two appellants guilty and convicted them under Section 302, IPC and sentenced them to imprisonment for life. He also convicted them under Section 201, IPC, but no separate sentence has been awarded. Sansari Sahu has been acquitted.2. Prosecution case briefly stated is as follows:The main road running from Khurda to Daspala passes through the town of Nayagarh. On either side of...
Bhanu Dei and Joginath Pradhan Vs. the State
Court: Orissa
Decided on: Apr-04-1985
Reported in: 1985(I)OLR638
B.K. Behera, J.1. The two appeals arise out of the same judgment and order passed by Mr. K. P. Acharya, Sessions Judge, Puri holding the two appellants to be guilty of the charge of murder in furtherance of their common intention under Section 302 read with Section 34 of the Indian Penal Code (for short 'the Code') and convicting each of them there under and sentencing them to undergo imprisonment for life while acquitting the appellant Bhanu of the charge of abetment of the commission of murder in view of her conviction under Section 302 read with Section 34 of the Code and also acquitting the appellant Joginath and his father Bhagabat of the charge under Section 201 of the Code for causing disappearance of the legal evidence of the commission of murder by cremating the dead body in order to screen the offenders from legal punishment, as according to the learned Judge, there was no evidence in support of this charge. The learned Judge has accepted the case of the prosecution that at t...
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