Orissa Court June 1991 Judgments
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Khetrabasi Das Vs. State
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991CriLJ2993; 1991(II)OLR135
L Rath, J.1. The short question that arises for consideration in this revision is whether when an application is made under Secs, 3 and 4 of the Criminal Law Amendment Ordinance of 1944 (for brief the Ordinance') for attachment of the property of a person, the person making the application must be specifically authorised by the competent authority to sign and verify the application. The brief facts are that an application was made before the Sessions Judge, Cuttack for attachment of the properties of the petitioner under the provisions of the Ordinance. An objection having been taken by the wife of the petitioner of inter alia the provisions of Order 27. Rule 1 CPC having not been complied with and that Shri B. B. Mohapatra who had filed the application had not been authorised in terms of Section 3 of the Ordinance by the State Government to file the same, a petition was filed by the public prosecutor to allow Shri B. B. Mohapatra who had been authorised by the State Government to file...
Kedarswar Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991(II)OLR149
S.C. Mohapatra, J.1. In this application under Art. 226 of the Constitution of India, petitioner has prayed (i) to issue direction to District Inspector of Schools to treat him as ad hoc Headmaster and to pay him his salary as Headmaster directly under Rule 9 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as 'the Rules') and (ii) to issue direction to the Director to approve the appointment of petitioner as Headmaster.2. Petitioner joined as teacher in Pipili Mission M. E, School on 1-5-1979 in a Trained Matric Post available on account of duplication of Class VI when he was a Graduate without teachers training. This appointment was made regular on 19-10-1979. While petitioner was continuing as such, he obtained his B. Ed. degree in January, 1988. In view of his qualification, Managing Committee placed him as the senior most teacher in the school next to the Headmast...
Prahallad Mallik Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1992CriLJ1432; 1991(II)OLR153
A. Pasayat, J.1. An interesting point relating to the starting period of limitation for filing an appeal Under Section 341 of t;he Code of Criminal Procedure, 1973 (in short the 'Code') is involved in this appeal. This has come before us being referred by a single Judge who felt that the position was fluid notwithstanding a long catena of decisions holding the field for more than half a century. After we clear the cob-web of the legal controversy, we shall refer to the factual aspect.2. An appeal Under Section 341 of the Code can be filed provided the contingencies prescribed therein are present. The first category covers appeal by a person, who had made an application in a Court other than a High Court, praying for a complaint under Sub-secs. (1) and (2) of Section 340 which has been refused. The' other category covers an appeal by a person against whom such a complaint has been made by such Court. In either event, the person concerned has the option of filing an appeal to the Court t...
Panchanan Parida Vs. Subdivisional Judicial Magistrate
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991CriLJ3037; 1993(II)OLR267
S.K. Mohanty, J.1. Disparaging and derogatory remarks passed by Subdivisional Judicial Magistrate, Balasore, against the petitioner, an Advocate of Balasore District Bar who appeared for accused Nos. 1 to 5 in a Complaint Case are sought to be expunged in this revision preferred Under Section 482 of the Code of Criminal Procedure.2. The Complaint Case was posted to 25-8-1987 for trial, On this dale PW 5 was examined before charge and cross-examined. Thereafter the petitioner-Advocate filed a memo stating therein the question put by him to PVV 5 while under cross-examination and the answer given by the latter, and made a grievance that the same had not been recorded. There upon the learned S.D.J.M. directed the complainant to bring PW 5 on 31-8- 1987'to clarify the matter. On 31-8-1987 petitioner was allowed to put the question to PW 5 and his answer has been recorded. The learned SDJM thereafter adjourned the case to 7-9-1987 for consideration of charge. The case thereafter underwent o...
SamsuddIn Khan and ors. Vs. State
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991(II)OLR291
L. Rath, J.1. All the appellants who were charged Under Section 302, read with Section 34, IPC for murdering one Ushman Ali Khan, Under Section 323 read with Section 34,lPCfor voluntarily causing hurt to PWs 8 and 12 and Under Section 342 read with Section 34 IPC for wrongfully confining the said witnesses, having been convicted Under Section 304, Part I, IPC and sentenced to Rl for eight years each, as also under Secs 323 and 342 read with Section 34 IPC and sentenced on each count to Rl for six months each, have preferred this appeal.2. The prosecution case for which the appellants stood trial was that on 21-2-1986 at about 4 p. m. PWs 8 and 12 and the deceased had been to Raghunathpur to witness a cinema but since there was yet some time left for the show to begin, they proceeded to PWs 8's aunt's house at Dharadharpur where they met PW 2 and went to his house. While they were returning to Raghunathpur to visit the show and had reached the outskirt of village Raghunathpur, the appel...
Prafulla Mishra and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991(II)OLR232
S.C. Mohapatra, J.1. This is an application under Art. 226 of the Constitution of India assailing exercise of power by the Director, Higher Education, Orissa under Rule 4 (3) of the Orissa Management of Private Colleges Rules, 1979 (hereinafter referred to as 'the Rules') made Under Section 27 of the .Orissa Education Act, 1969 (hereinafter referred to as 'the Act') by approving reconstitution of the Governing Body of Angul Mahila Mahavidyalaya (hereinafter referred to as 'the College'). Office order dated 26-12-1990 (Annexure-1) on basis of the list submitted by President of the Governing Body (opp. party No. 4) in his letter dated 3 -6-1990 (Annexure-3),2. According to petitioners, College was established and was recognised in the year 1979, It had a governing body with the Subdivisional Officer, Angul as its President. Although the governing body had been reconstituted from time to time, it had never been approved by the prescribed authority under the Act and the rules made thereund...
Gopal Minz Vs. State
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991(II)OLR565
S.C. Mohapatra, J.1. This is an appeal by the accused convicted Under Section 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') and Section 420/46 and 471 IPC,. and convicted to undergo rigorous imprisonment for three years on each count with a direction that the sentences shall run concurrently.2. Prosecution case, in short, is that from 21-1-1975 till 1-1-1980, accused was posted as Amin in the office of Tahasildar, Sundargarh. During that period, by corrupt and illegal means and by otherwise abusing his position as a public servant, he obtained pacuniary advantage from Smt. Lal Badaik daughter or PW 6 by issuing false patta (record-of-right) in her favour. During vigilance enquiry, it was revealed that Etwa Badaik (PW 6) applied for settlement of a piece of Government land in his possession in name of his daughter Lal Badaik. When accused came to his village, 2 to 3 months after, he identified the Government land in favo...
Antaryami @ Antua Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-17-1991
Reported in: 73(1992)CLT59; 1992CriLJ1910; 1992(I)OLR91
B.L. Hansaria, C.J.1. The petitioner has been detained with the aid of Section 3(2) of the National Security Act, 1980 to prevent him 1rom acting in any manner prejudicial to the maintenance of public order. The detention order was passed on 10-1-1991 and is based OR the following solitary incident;'You along with your associate Chagala came in a scooter on 8-1-1991 around 9-15 P.M. and attacked one Rajendra Kumar Behera of Madhupatna with sword and Bhujali on the National Highway in front of Samrat Cinema Hall and your associate snatched away the bag containing a cash of Rs. 10,525/- from him. When the victim resisted and shouted aloud, you brandished the sword, abused him and threatened with dire consequences. You and your associate Chagala brandished sword and Bhujali on the National Highway and created a situation of terror and panic. Out of consternation, the victim was running away to save his life. At that point of time you and your associate chased him and threatened to kill by...
Nitaipada Das Vs. Sudarsan Sarangi and anr.
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1991CriLJ3012
ORDERS.C. Mohapatra, J.1. Informant the Managing Trustee of Haridas Thakur Trust, Swargadwar, Puri is the petitioner in this application for revision against order of the Trial Court discharging accused in exercise of power under Section 239 Cr. P.C.2. On 24-8-1984, petitioner filed an application before officer-in-charge, Sea Beach Police Station Puri with copies to Superintendent of Police, Puri and Director General of Police, Orissa alleging that to facilitate availability of Prasad (food offered to deity) to visitors and Sadhus, the trust purchases rice and paddy in bulk quantities. Accused who was a regular visitor offered to arrange paddy being supplied from Berhampur. Accused is a Sanskrit Pandit in a College at Puri. He made petitioner to believe that his brother-in-law is a big rice dealer and he can supply fine rice at a cheaper cost. Since accused was a frequent visitor to the math and was a Sanskrit Pandit taking prasad very often, petitioner relied on his version and paid ...
Kailash Chandra Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-17-1991
Reported in: 1992(II)OLR4
S.C. Mohapatra, J.1. Hope of being Headmaster in Teisipur M. E. School, an Aided Educational Institution governed under the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') having been frustrated by the District Inspector of Schools', petitioner has filed this application under Article 226 of the Constitution of India for issue of an appropriate writ.2. Petitioner being a trained graduate teacher in the school is eligible to be Headmaster. Managing Committee which is the appointing authority has also been satisfied about suitability of petitioner and has passed resolution for his appointment as Headmaster. Condition of service as provided in the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as 'the Rules') having required prior approval of the Director, proposal was sent by the Managing Committee to the District Inspector. In reply, District Inspector has ...
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