Orissa Court August 1988 Judgments
Anusuya Rath and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-1988
Reported in: AIR1989Ori1; 66(1988)CLT774
Agrawal, C.J. 1. The significant issue which members in this writ application referred to a large-Bench may be precisely formulated in the following terms : -- 'Whether the properties held by a married daughter of a 'family' prior to the appointed date mentioned in Section 37(b), Orissa Land Reforms Act (for short 'the Act') would be liable to be clubbed with the property of the family?' 2. The facts - Petitioner 1 is the daughter of petitioned. She had been married way back in the year 1940 and has been living with her husband all along. On the basis of the report of the Revenue Inspector, Bonger-Bojha, a proceeding under the Act was started against petitioner 2 who subsequently filed a return on 14-5-1974 (after the expiry of the stipulated period). On the publication of the Draft Statement on 16-8-1975, objections were filed by the said landholder and his adopted son (Gadadhar Das) separately on 15-9-1975 raising various points. In the said proceeding, an inquiry was also made which...
Tag this Judgment!Branch Manager, State Bank of India, Puri Branch Vs. Satyaban Pathal a ...
Court: Orissa
Decided on: Aug-30-1988
Reported in: AIR1989Ori236; [1991]71CompCas251(Orissa)
S.C. Mohapatra, J. 1. Defendant No. 3, the Branch Manager of State Bank of India, Puri Branch is the appellant.2. Deceased Sanatan Pathal took loan from State Bank of India and as security pledged some gold ornaments. Shortly thereafter, Sanathan having expired, plaintiff 1, the eldest son approached the State Bank of India for release of the gold ornaments pledged on receipt of the amount due on the loan advanced from him. State Bank of India had no objection to release the pledged articles on receipt of the dues provided that the successors produce letters of administration or a succession certificate, as the case may be. This in short, is the grievance of the plaintiffs.3. Demand for production of a legal representation in the form of letters of administration by the State Bank of India is supported by a circular issued by it for guidance of its officers which has been proved and marked as Ext. B. in the suit. Relevant portion is extracted below : --'II. APPROPRIATE FORM OF LEGAL RE...
Tag this Judgment!Haladhara Karji Vs. Dileswar Subudhi
Court: Orissa
Decided on: Aug-30-1988
Reported in: 1989CriLJ629
ORDERG.B. Patnaik, J.1. The petitioner is the accused in Complaint Case No. 1 of 1987 pending before the Sub-Divisional Judicial Magistrate, Parlakhemundi and has invoked the inherent jurisdiction of this Court for quashing the order of cognizance taken by the Magistrate under Sections 197, 417 read with Section 511 of the Indian Penal Code by his order dated 23-2-87. The Complainant-opposite party filed a . complaint alleging therein that the petitioner is the local M.L.A. and he was authorised by the State Government to issue caste certificates certifying the students of Scheduled Tribes and Scheduled Castes for receiving pre-matric scholarships. During the academic session 1986-87 applications were invited from the Scheduled Tribe, and Scheduled Caste candidates for gram of such pre-matric scholarships and in the meeting held on 30-11-86 when the applications were scrutinsed, it was found that the accused-petitioner had given certificates to some of the applicants without indicating...
Tag this Judgment!Lalit Kishore Das Vs. Gadadhar Jena and anr.
Court: Orissa
Decided on: Aug-29-1988
Reported in: 1989CriLJ1664
ORDERK.P. Mohapatra, J.1. In this case the order passed by the learned Second Additional Sessions Judge, Berhampur, upholding the order of the Executive Magistrate, Bhanjanagar, under Section 145, Cr. P.C. has been assailed.2. The case of the petitioner (first party) was that he was in possession of the disputed 9 cents of land, a thrashing floor, situate in village Pochalundi under Gangapur Police Station. The opposite parties threatened to dispossess him, whereby, there was apprehension of breach of peace. The case of the opposite parties (members of the second party) was that they had raised paddy crops on the disputed land and were in possession thereof. The Executive Magistrate initiated the proceeding and drew up the preliminary order on 11-1-1984 and directed the parties to submit their written statements. The parties submitted their written statements and produced documents. Arguments advanced by their counsel were heard on 2-4-1984 and on 7-4-1984 by making reference to severa...
Tag this Judgment!Bhagaban Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-29-1988
Reported in: 66(1988)CLT560; 1989CriLJ556
K.P. Mohapatra, J.1. This is an appeal against the judgment passed by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Sub-section (2) read with Sub-section (1)(d) of Section 5 of the Prevention of Corruption Act (hereinafter referred to as the 'Act') and Section 471 of the Indian Penal Code ('I.P.C.' for short) and sentencing him in undergo rigorous imprisonment for one month for the former offence without passing a separate sentence for the latter one.2. Prosecution case in brief is that the appellant was serving as an Operator 'A' in the Talcher Thermal Flam under the Orissa State Electricity Board during 1973 to 1975. By production of false and forged prescriptions, cash-memos and essentiality certificates on the ground of the Illness of his family .members and his own illness, he drew a total sum of Rs. 2923.58 as medical reimbursement on bills (Exts. I to 6) and obtained pecuniary advantage to himself. When this fact was discovered a written report(...
Tag this Judgment!Dr. Kumudini Padhi Vs. Prasanta Kumar Mandal
Court: Orissa
Decided on: Aug-22-1988
Reported in: 1989CriLJ1861
ORDERK.P. Mohapatra, J.1. The petitioner has challenged the order passed by the learned Sub-Divisional Judicial Magistrate, Udala, taking cognizance of the offence punishable under Section 363, I.P.C. against her,2. The petitioner was serving as a Chemistry Lecturer of the Udala College and was a tenant under the opposite party. On 7-5-1985 the opposite party filed a complaint petition against her and alleged that Rama Sahu, a minor girl was working in his house as a maid-servant having been entrusted to his legal guardianship, because she was an orphan. On 24-3-1985 the petitioner i kidnapped her and with a student, named, i Nirmal Kumar Prusty sent to her village Bahadagoda in Bihar to serve as a maidservant in the house of her sister's husband, Dr. Dinesh Sarangi The opposite party lodged information at the police station and the Officer-in-charge recovered Rama Sahu from the house of Dr. Sarangi and left her in the custody of her maternal uncle Subash Behera on 27-4-1985. On 8-5-19...
Tag this Judgment!Chagali Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-18-1988
Reported in: 1989CriLJ1172
ORDERL. Rath, J.1. The petitioner was convicted Under Section 394/457/325, IPC, and sentenced to three years' R.I. on each count and a fine of! Rs. 1000/- with a direction for the sentences to run concurrently. In appeal he was acquitted of the charge Under Section 394 IPC and the conviction Under Section 457 IPC was converted to one under Section 451, while maintaining the conviction Under Section 325 IPC and the sentence was also modified to the total remission of the fine and two years' R.I. Under Section 325 IPC and one year R.I. Under Section 451 IPC with the sentences directed to run concurrently.2. The allegation for which the petitioner stood convicted was of his having attempted to snatch away the gold necklace from the neck of the wife of the Judicial Magistrate, First Class, Jagatsinghpur on the night of 9f9-82 who was then alone in the house and while she tried to prevent the petitioner, he is alleged to have given a fist blow on her face resulting in loss of a tooth on the...
Tag this Judgment!Gopal Chandra Sahu and Gopal Sahu Vs. Choudhury Behera and ors.
Court: Orissa
Decided on: Aug-17-1988
Reported in: 1989CriLJ1616
ORDERL. Rath, J.1. This is an informants revision against discharge of opposite parties 1 and 2 under Section 227 Cr. P.C. while framing charges under Sections 302 and 307 IPC against their brother Prafulla Behera.2. The prosecution case briefly stated is that the family of the informant and that of the opposite parties had bitter enmity with each other and in prosecution of such purpose the three brothers Prafulla Behera and opposite parties 1 & 2 came to the house of the informant in the night of 11-4-87 and there Prafulla stabbed the father of the informant as also one Basanta Behera, a mason who was then sleeping in their house and also injured seriously his brother Gokula Sahu and while Gokula Sahu, Gopal Sahu and one Sarat were trying to disarm Prafulla, opposite parties 1 and 2 came running, and opposite party No. 1 snatched away the knife from the hands of Prafulla and both of them ran away. The charge-sheet submitted by police shows the knife to have been washed and thrown awa...
Tag this Judgment!Sekh Gunny Vs. the State
Court: Orissa
Decided on: Aug-17-1988
Reported in: 1989CriLJ1622
ORDERL. Rath, J.1. The petitioner was convicted under Section 3(a), Railway Property (Unlawful Possession) Act, 1966 (for short, the Act) for illegal possession of about 40 kgs. of raw coal (Bengal coal) and sentenced to undergo R.I. for one month. The conviction was maintained in appeal but the sentence was converted to fine of Rs. 200/- in default to undergo R.I. for one month. The petitioner has moved this Court in revision for reversal of the conviction and the sentence.2. The facts leading to the prosecution case are that on 18-8-79 at about 9.30 a.m. the petitioner was apprehended by P.Ws. 1 & 2, two Sub- Inspectors of R.P.F. inside the railway marshalling yard of Khurda Road railway station carrying about 30 kgs. of coal in a gunny bag in the carrier and 10 Kgs. of coal in another bag hanging from the handle of the bicycle. The petitioner could not satisfactorily explain the possession of the coal and had also no authority to enter inside the marshalling yard even though he was ...
Tag this Judgment!Banabihari Tripathy Vs. Registrar of Co-operative Societies and anr.
Court: Orissa
Decided on: Aug-12-1988
Reported in: AIR1989Ori31; 67(1989)CLT5; [1989]66CompCas534(Orissa)
H.L. Agrawal, C.J. 1. When this writ application was placed before a Division Bench of this Court, it referred the matter to a larger Bench to consider the following twoquestions : --'(1) Whether the Co-operative Societies registered under a Co-operative Societies Act as such will come within the fold of Article 12 of the Constitution and are amenable to the writ jurisdiction of the High Court? (In case the answer is in the negative), (2) Whether the Co-operative Society is borne (born?) under any Statute or is discharging any such functions which may make it an 'instrumentality of the State' '? (Second question is recasted)2. A few facts may also be noticed :The petitioner was appointed as a Clerk in the Khurda Central Co-operative Bank (for short 'Bank') in the year 1958 and in due course was promoted to the post of Accountant in the year 1966. While working as such in the Head Office at Khurda, he was suspended and reverted to the post of BranchManager, thus imposing a 'major penalt...
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