Orissa Court September 1985 Judgments
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Binod Sitha Vs. Suna Dei
Court: Orissa
Decided on: Sep-26-1985
Reported in: 60(1985)CLT422; 1985(II)OLR591
B.K. Behera, J.1. Upon hearing the learned counsel for both the sides, I do not find any prima facie case for interference in exercise of the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure by reducing the quantum of maintenance granted to the opposite party in a proceeding under Section 125 of the Code of Criminal Procedure, maintained by the Court of revision, while dismissing the revision presented by the present petitioner, as this is purely a question of fact and the quantum has been fixed by the first Court and the revisional Court after consideration of the materials placed before them. Section 397(3) of the Code of Criminal Procedure provides a bar for a second revision by the same person and this provision should not be allowed to be avoided by taking resort to Section 482. While it is true that exercise of inherent jurisdiction as provided in Section 482 is not controlled by the provisions made in Sections 397(2) or 397(3) of the Code o...
Dhanana Pratap, Vs. State
Court: Orissa
Decided on: Sep-26-1985
Reported in: 1985(II)OLR593
B.K. Behera, J.1. Charged under Section 302 read with Section 34 of the Indian Penal Code (for short, 'the Code') and ultimately convicted under Section 304. Part I of the Code and sentenced thereunder to undergo rigorous imprisonment for a period of seven years, the appellants in these two appeals, which have been heard together and will be governed by this common judgment, assail the finding recorded by the trial Court that after night-fall on November 16, 1981, they assaulted G Venkata Ravana (to be referred to hereinafter as 'the deceased') to death in furtherance of their common intention by dealing slaps and blows and by the process of strangulation inside a room of the Blood Bank building at Rayagada in the district of Koraput. The order of conviction has mainly been rested on the evidence of three witnesses to the occurrence, namely, Barili Uma (P. W. 1), Radha Pujari (P. W. 2) and Majhi Ramesh (P. W. 8) coupled with the medical evidence.2. It is not disputed at the Bar that th...
Jogendra Mohan Panda and anr. Vs. State and anr.
Court: Orissa
Decided on: Sep-26-1985
Reported in: 60(1985)CLT452; 1985(II)OLR601
B.K. Behera, J.1. I have heard the learned counsel for the petitioners and the learned Additional Government Advocate. The complainant-opposite party No. 2 has not appeared in this Court.2. The petitioners one of them being a Forest Ranger and the other being a Forester, who are deemed to be public servants within the meaning of Section 21 of the Indian Penal Code as provided in Section 78 of the Orissa Forest Act, 1972, seek exercise of inherent jurisdiction by this Court for quashing the criminal proceeding against them under Sections 147, 447, 323 and 379 of the Indian Penal Code.3. The ground taken by Mr. Rarndas, appearing for the petitioners, is that sanction is necessary for their prosecution, as they have allegedly commieted the offences while acting in the discharge of their official duties. The learned counsel for both the sides have, however. submitted at the time of hearing that the two petitioners are not such public servants who are not removable from their office save by...
Krupasindhu Pothal and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-25-1985
Reported in: 1985(II)OLR529
K.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Sessions Judge, Balasore, affirming the conviction of the petitioners under Section 342, I. P. C. and sentencing each of them to pay a fine of Rs. 100/- in default, to undergo R. I. for two weeks each.2. The prosecution case in nutshell is that there was theft of a bullock belonging to petitioner Mayadhar In order to locate the culprit he took the help of black migician (patia bula). The black magician identified Basu Biswal as the thief. On 9.9.1973 at about 4 p.m. Mayadhar along with the petitioners and others (since acquitted) assaulted Basu Biswal to extract his confession. Basu Biswal confessed that with the help of Ranka Jena and Hadibindhu Jena, he had committed theft of the bullock. Thereafter, the petitioners and others called Ranka Jena and Hadibandhu Jena to Anandabazar M. E. School at night and assaulted them. In the following morning, the wives of Ranka Jena and Hadibandhu Jena were call...
Suraj Bhan JaIn Vs. State of Orissa
Court: Orissa
Decided on: Sep-25-1985
Reported in: 1985(II)OLR505
G.B. Pattnaik, J.1. This is an application directed against the order of the learned Magistrate dated 10. 5.1984 framing charge against the petitioner under Section 7 of the Essential Commodities Act for violation of Clause 21 of the Drugs (Prices Control) Order, 1979.2. The allegation is that the petitioner had sold a physician's sample of Livergen Syrup. Originally the petitioner had been charged for violation of the provisions of Rules 65(17) and (18) of the Drugs & Cosmetics Rules, 1945, but as the said charge was not sustainable, the prosecution made a prayer to amend the charge. Before the Magistrate, it was contended on behalf of the accused that there has been no violation of Clause 21 of the Drugs (Prices Control) Order, 1979. The same having been rejected and the charge having been framed, the petitioner has come up with this application.3. Mr. Mund appearing for the petitioner contends that Clause 21 of the Drugs (Prices Control). Order, 1979, prohibits the sale of any formu...
Manika Sahu and ors. Vs. Dandapani Sahu and ors.
Court: Orissa
Decided on: Sep-20-1985
Reported in: 1985(II)OLR437
K.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Additional Sessions Judge, Ganjam, reversing the order passed by the learned Sub-divisional Magistrate, Berhampur, who passed orders under ' Section 346(1) of the Code of Criminal Procedure ('Code' for short) attaching the disputed land.2. The petitioners were members of the first party and the opposite parties were members of the second party in the proceeding under Section 145 of the Code. There were some third parties before the Courts below who were not impleaded as parties in the Criminal Revision. The facts in brief are as follows :Bharat, Dandapani and Maharga were brothers and members of a Hindu joint family. They instituted title Suit No. 2 of 1975 in the Court of the Subordinate Judge, Aska, for a decree to declare their possession in respect of survey No. 159 in Khata No. 28-Ka relating to 8 acres and survey No. 159 in Khata No. 28 relating to 7 acres of land in village Jura Samantarapur w...
Golak Chandra Roy Vs. Secretary, Irrigation Department and ors.
Court: Orissa
Decided on: Sep-20-1985
Reported in: 1985(II)OLR431
P.C. Misra, J.1. This is an appeal under Section 39 of the Arbitration Act, 1940 against a judgment of the learned Subordinate Judge of Bhubaneswar in O. S. No. 231 of 1982 (I) by which the award of an Arbitrator has been set aside.2. The appellant-claimant was entrusted with the work 'Excavation of Surplus Channel of Kakalbaki M. I. Project with construction of Grade Walls and Energy Dissipation Blocks' under an agreement bearing No. 11 F-2 of 1977-78. The said agreement was executed between the claimant and the Executive Engineer. Minor Irrigation Division, Phulbani. A dispute within the meaning of Arbitration Act having arisen between the parties Shri B. S. Patnaik, Retired District Judge, was appointed as the Arbitrator.The Arbitrator entertained the claim petition and counter there to and after giving opportunities to the parties for substantiating their respective cases passed an award for Rs. 5,55,550/- in favour of the claimant appellant and further granted interest at the rate...
Hrushikesh Panda Vs. Orissa State Finance Corporation
Court: Orissa
Decided on: Sep-17-1985
Reported in: 60(1985)CLT507; [1987]61CompCas448(Orissa)
S.C. Mohapatra, J. 1. In this application, the applicant who is a shareholder and the ex-managing director of the company, M/s. Utkal Equipments and Chemicals Ltd., under liquidation, has made a prayer to restrain the Orissa State Financial Corporation (hereinafter referred to as 'the corporation ') from proceeding with the sale of the company's assets --immovable or movable--pursuant to the paper publication dated August 9, 1985. A further prayer has been made to direct the official liquidator t6 carry on the sale under his supervision. Objection has been filed to this application by the corporation. The substance of the objection is that having taken over the industrial concern in exercise of the power under Section 29 of the State Financial Corporations Act, 1951, the corporation has complete jurisdiction to deal with the property and this court exercising the jurisdiction under the Companies Act, on the facts and circumstances of this case, has got no jurisdiction to interfere with...
Bhimsen Mahanto Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-16-1985
Reported in: 1985(II)OLR467
R.C. Patnaik, J.1. This is an application by a former Extra Departmental Delivery Agent for the annulment of the order issued by the Superintendent of Post Offices of Keonjhar Division, Keonjhargarh, removing him from service as communicated to him by letter dated 6 3. 1930 (Annexure-3) issued by the Inspector of Post Offices, Keonjhar South Subdivision.2. Pursuant to an advertisement dated 15. 10. 1979 inviting applications for appointment of Extra Departmental Delivery Agents at Khuntapingu Branch Post Office under the Keonjhar Postal Services, the petitioner, opposite party No. 4 and others were the applicants. By Annexure-2 dated 28.10. 1976, the Inspector of Post Offices informed the petitioner that he had been provisionally selected and might be appointed observing usual formalities and his appointment papers should be collected and sent to his office with his original school-leaving certificate. The petitioner has alleged that he was appointed on a remuneration of Rs. 100/-per m...
Naba Kishore Pati (Dead) and After Him Smt. Menaka Pati and ors. Vs. U ...
Court: Orissa
Decided on: Sep-16-1985
Reported in: 1985(II)OLR429
R.C. Patnaik, J.1. This writ application was filed by late Naba Kishore Pati seeking a mandamus to the opposite parties directing them to pay him his salary for the period from 27. 3.1976 to 21.2.1978 during which he was kept out of employment by reason of an order of termination which was quashed by this Court in O. J.C. No. 295 of 1976. Naba Kishore passed away during the pendency of the writ application. His widow and children have been brought on the record in his place and they are prosecuting this case claiming the benefits which would have been available to Naba Kishore.2. Naba Kishore was serving as a Telegraphist under the opposite parties. His service was terminated by an order dated 27. 3. 19 6. He approached this Court for a certiorari and this Court in O. J. C. No. 295 of 1976 by judgment dated 2. 9. 1977 quashed the order of termination and declared 'the petitioner shall be deemed to be an employee on temporary basis against a permanent vacancy as before and shall be enti...
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