Orissa Court January 1991 Judgments
Khetramohan SwaIn Vs. the Food Corporation of India, Represented by th ...
Court: Orissa
Decided on: Jan-30-1991
Reported in: 1991(I)OLR212
A. Pasayat, J.1. The appellant filed a petition Under Section 16 of the Arbitration Act, 1940 (in short the Act) before the learned Subordinate judge, First Court, Cuttack with a prayer to remit the award dated 27. 11. 1981 submitted by the Arbitrator for reconsideration of certain aspects, which according to the appellant, were left undetermined.2. The factual background in which the application was filed before the learned Subordinate Judge is as follows :The appellant is a handling transport contractor and had entered into agreement with the respondent-corporation for loading and transportation jobs. The appellant lodged a claim that he was entitled to additional remuneration for undertaking certain additional items of work not covered by the contract. Since the Corporation did not accept the claim, the matter was referred to arbitration of one Shri G.C. Chatterjee, Retired Member of the West Bengal Higher Judicial Service. After said Arbitrator submitted his award, the Subordinate ...
Tag this Judgment!Purna Chandra Panda Vs. Government of Orissa and ors.
Court: Orissa
Decided on: Jan-29-1991
Reported in: AIR1996Ori173; 82(1996)CLT1
P.C. Naik, J.1. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner prays for insuance of an appropriate writ, direction or order quashing the order allotting a 24 hours medical store in the campus of the Upgraded Primary Health Centre, Khariar in favour of Opposite Party No. 2.2. It is the case of the petitioner that an advertisement was published in the issue of daily 'Samaj' dated 5-7-1994 inviting applications from unemployed Pharmacists (Gents and Ladies) and persons having medical shops for opening day and night medical shops in the campus of headquarters hospital and Community Health Centres (for short, 'C.H. Cs') in the district of Nuapada. The applications were to be addressed to the Chief District Medical Officer, Nuapada. According to the petitioner, he runs a medical shop* but he did not submit any application for the day and night Drug Store as the advertisement related to allotment of shops in the district headquarters and C. H. Cs whe...
Tag this Judgment!Kartik Chandra Samantray Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-29-1991
Reported in: 1991(II)OLR19
B.L. Hansaria, C.J.1. An order of detention was passed by the :t Magistrate, Cuttack on 11-9-1990 in exercise of powers conferred by Section 3(2) of the National Security Act, 1988X The same had been done to prevent the detenu, who is the son of the petitioner, from acting in any manner prejudicial to she maintenance of public order.2. The validity of the order has been assailed on a number of grounds. For the purpose of disposal of the present petition, however, it is enough to refer to one submission which relates to the fact that the detaining authority was not aware of the fact that the detenu was already in custody by the time the decision order was passed. It is also urged that no reason has been ascribed either in the detention order or in the file as to why detention of the petitioner's son was required despite his having been in custody pursuant to his arrest in G. R. Case No. 1303/90 Under Section 394, IPC. It is the settled law by now that in such a case the detaining author...
Tag this Judgment!State Vs. Dasru Kisan
Court: Orissa
Decided on: Jan-29-1991
Reported in: 71(1991)CLT727; 1991(I)OLR396
S.C. Mohapatra, J.1. Non-acceptance of evidence of prosecutrix by the appellate Court and consequently the prosecution case to acquit the accused who was convicted Under Section 376, I. P. C. is the cause for this appeal against acquittal2. On 24-11-1980 prosecutrix (PW I) orally reported to PW 8 who happened to come to her village that she was raped by the accused on 20-11-1980 at 10 A. M. in a ditch in the nearby jungle when she was collecting fire wood along with her elder brother and younger sister being dragged for a distance of about fifteen feet to the place of occurrence. Cause of delay in reporting was stated to be on account of absence of any other person as her father was dead and she was attending to the house- hold affairs. PW 8 reduced her version to writing which was treated as First Information Report. 3. Accused was tried and convicted but in appeal it was found that he was not properly represented. Accordingly, his conviction was set aside and in a fresh trial, he was...
Tag this Judgment!Sukanti Jena Vs. Bijaya Kumar Champati and anr.
Court: Orissa
Decided on: Jan-25-1991
Reported in: 1991(I)OLR228
L.M. Mahapatra, J.1. The revision is directed against the order dated 2-9-198,6 of the learned Executive Magistrate, Bhubaneswar allowing to implead a third party by mame Krushna Chandra Champati in the proceeding Under Section 145, Cr. P.C. pending before him.2. Facts of the case need not be gone into and learned counsel on both sides agree that the sole question for decision in the case is whether in a proceeding Under Section 145, Cr. P. C. a third party can be impleaded even though he is able to show that he has some interest in the property involved in the dispute. Learned counsel for the petitioner relying on a Bench decision of this Court in the case of Raghunath Rout v. Kalia Gouda and others, ILR 1976 Cut. 598 has urged that such impleadment is hot permissible in a proceeding Under Section 144 or 145, Cr P.C. which is confirmed only to two parties, between whom there is dispute with regard to possession. On a perusal of the aforesaid leading decision in the matter, I find that...
Tag this Judgment!Ananda Chandra Sahu and ors. Vs. Udayanath Rath and ors.
Court: Orissa
Decided on: Jan-24-1991
Reported in: 1991(I)OLR253
R.C. Patnaik, J.1. This second appeal by the plaintiffs is directed against confirming decision rendered by the Addl. District judge, Ganjam Boudh, Berhampur in Title Appeal No. 69 of 1979 upholding the decision of the Munsif, Berhampur in Title Suit No. 31 of 1970 dismissing the suit- The subject-matter of the suit was a house located at Nimakhandi in Berhampur. It belonged originally to one Lakhan Fanda. The house along with other lands were sold in an auction in execution of a decree obtained against Lakhan Bhagabati and her adopted son Anirudha purchased the property and got delivery of possession. Munli the father of plaintiffs 1, 2, 4, 5, 6 and 7 and husband of plaintiff No. 3, purchased the disputed house and other lands from Bhagabati and her adopted son by registered sale deed dated 13-9-1963 and inducted defendant No. 1 as tenant. The first defendant did not pay rent in time and persisted in his default despite several notices issued to him. Finally, he disputed the title of ...
Tag this Judgment!Paramjit Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-24-1991
Reported in: 1991(I)OLR525
ORDER1. Heard counsel for the parties.2. In this writ application, a certificate in certificate case No. 9/ Misc. Case of 1978 pending before the Special Certificate Officer, Bhadrak, is assailed on the ground thru there was no valid requisition as required by the Orissa Public Demands Recovery Act, 1952 for the filing, of the certificate by the Certificate Officer.3. Late Survamarni Mohanty had taken a loan of Rs 4,800/-in the year 1964-65 under the L I..G. Housing Scheme. Said Suryaman Mohanty, a freedom fighter, suddenly died on heart ailment and a proceeding was started for realisation of the amount with interest. The petitioner and the other legal representatives of Suryamani were called upon to pay a sum of Rs. 10,257,/- as per the notice (Arrnexrure-1) and a certificate was filed in the Court of the Special Certificate Officer, Bhardrak (O. P. No. 3). The petitioner's eldest son. alleged that a sum of Rs. 8,700/- had already been paid towards the dues, and the certificate for Rs...
Tag this Judgment!Fakira Chandra Panda Vs. Satrughna Behera and 111 ors.
Court: Orissa
Decided on: Jan-18-1991
Reported in: 1991(I)OLR204
J.M. Mahapatra, J.1. The revision is directed agains the judgment and order dated, 26-7-1986 of the learned Second Additional Sessions judge, Cuttack allowing the appeal and acquitting the opposite parties of the offences' Under Sections 436, 427, 447 and 379, I, P. C.2. Briefly stated, the prosecution case is that on 3. 5. 1983 at about 10'. Clock in the night the opposite parties went in a group to the house of the informant, P. W. 1, called him from out side to come out. As the informant, P. W. 1, did not come out they pelted brickbats and stones to the tiled and asbestos roof of his' house which were consequently damaged. The opposite parties are also alleged to have set fire to the thatched roof of his house and to have entered into the bari of the informant by breaking open the fence and removing the bullock cart therefrom. After the fire was extinguished, P. W. 1 lodged F. I. R. Ext 1 at Baramba police station at 10. 45 A. M. on 4-5-1933. A case was registered, investigation fol...
Tag this Judgment!State of Orissa Vs. Ugresan Mishra
Court: Orissa
Decided on: Jan-18-1991
Reported in: 71(1991)CLT440; 1991(I)OLR342
J.M. Mahapatra, J.1. Both the appeals arise out of the common judgment dated 15-2-1986 of the learned Sessions Judge, Phulbani convicting the accused Under Section 304, Part-lI, IPC though he was originally charged Under Section 302, IPC. Government Appeal is preferred for enhancement of the sentence, while the Criminal Appeal has been preferred assailing the order of conviction and sentence.2. Put briefly, prosecution case may be stated as follows:Both the parties belonged to one big family. The informant Byomakesh (PW 1), Hrushikesh and the deceased jagadish are three brothers. PWs 4 and 7 are respectively the son and daughter of Jagadish. Accused Ugresan is one of the four sons of Hrushikesh. The incident took place in the morning hours, at about 8.30 a, m. on 3-6-1985. The, deceased Jagadish had been to the nearby jagannath temple for Sevapuja and PW 7 Susama, her daughter went along with her father. At that time, PW 4 Binayak was playing with some boys in course of which he picked...
Tag this Judgment!Kanak Vardhan Singhdeo Vs. Sri Bibekananda Meher and ors.
Court: Orissa
Decided on: Jan-11-1991
Reported in: AIR1991Ori231
ORDERG.B. Patnaik, J.1. An unsuccessful candidate from 108 -- Patnagarh Assembly Constituency in the election held on 27-2-1990 for the Orissa Legislative Assembly is the petitioner invoking the jurisdiction of this Court under Section 81 read with Sections 100 and 101 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act') praying therein to declare the election of respondent No. I as void and to declare the petitioner to have been duly elected having secured a majority of the valid votes after allowing inspection of ballots and making a recount of the same. The main ground on which the petition has been filed is that the result of the election has been materially affected due to improper reception, refusal or rejection of votes.2. The averments made by the petitionerin the petition are that the election to the Patnagarh Constituency took place on 27-2-1990 and the counting of votes was held in Jawaharlal College Campus at Patnagarh on 28-2-1990. In course...
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