Orissa Court September 1992 Judgments
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Ramroop Das Vs. State
Court: Orissa
Decided on: Sep-16-1992
Reported in: 1993CriLJ1000; 1993(I)OLR141
A. Pasayat, J.1. The factual matrix of this appeal is a sordid and obnoxious incident, where the accused, a Headmaster had allegedly gratified his animated passions and sexual pleasure by sexually assaulting and molesting in utter disregard of universal moral code, human dignity a young, frail student aged about 10 years and has thereby besmirched the most respected relationship of a teacher with his pupil. As observed by the Supreme Court in Madan Gopal Kakkad v. Naral Dubey and Anr.. 1992 (2) Crimes 168 such offenders are menace to the civilised society.2. We do not propose to mention the name of the victim. Section 228-A of the Indian Penal Code, 1860 (in short, the IPC) makes disclosure of identity of victim of certain offence punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence Under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restrict...
Chaitana Majhi and ors. Vs. Palu Majhi and ors.
Court: Orissa
Decided on: Sep-16-1992
Reported in: 1993(I)OLR196
S.C. Mohapatra, J.1. Refusal of prayer of petitioners to be added as parties to the suit is grievance of petitioners in this Civil Revision.2. When the Civil Revision was listed for admission on 28-11-1990, I found that refusal of prayer to be added as parties in the impugned order was not correct. Accordingly, I had set aside the order directing trial Court to reconsider the application. Since I did not hear plaintiffs at that stage. I gave them liberty to approach this Court for recalling that order. On that basis, plaintiffs filed the petition. Heard. Order dated 28-11-1990 is recalled.3. While recalling the order, I heard learned counsels for both parties on merits of the Civil Revision.4. Claiming to be bhag tenant in respect of the suit land plaintiff filed the suit against the State of Orissa for declaration that the acquisition proceeding in respect of the suit land is without jurisdiction and the land under which acquisition has been treated as gochar though the same is not fi...
Banka Das, Vs. State of Orissa
Court: Orissa
Decided on: Sep-15-1992
Reported in: 1993CriLJ442; 1992(II)OLR395
A. Pasayat, J.1. Even before the ink in certain judgments has become dry, divergence of view has surfaced and doubt regarding their correctness has arisen, relating to certain provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Though only one question was referred to the Full Bench for adjudication, members of the Bar pleaded that several other questions need a fresh look, and therefore, we have primarily considered the following questions :(1) Whether a Court of Session can, during transitional period as provided in Section 36-D of the Act take cognisance of an offence under the Act as a Court of original jurisdiction without the accused being committed to it for trial ?(2) Whether a remand beyond a period of fifteen days as indicated in Section 36-A(1)(b) is permissible ?(3) Whether the conditions in Section 37 of the Act relating to giant of bail override the effect of the proviso to Section 167(2) of the Code of Criminal Pro...
Sk. Mohammad Sakil Vs. Sk. Iran and ors.
Court: Orissa
Decided on: Sep-14-1992
Reported in: 1993(I)OLR1
A. Pasayat, J.1. In this revision application Under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short, the 'Code'), the informant labels the judgment passed by the learned Sessions Judge, Balasore to be unreasonable, perverse and seeks interference of this Court.2. Filtering out the unnecessary details, the background in which opposite party Nos. 1 to 4 and one Saheban Bibi faced trial is as follows :On 7-2-1987 Saheban Bibi, who has not yet faced trial because she is absconding, along with some other females came to the house of one Sk. Abas Mahammad (hereinafter referred to as the 'deceased') and abused him in filthy language. On 8-2-1987 in the morning at about 10 a. m. when the deceased was going in a rickshaw from his house to Balasore Bus Stand accused Sk. Imran detained the rickshaw and challenged him as to why he was leaving the village when there was likelihood of confrontation on that day. Some people intervened and the deceased proceeded towards the bus ...
Prafulla Kumar Matia Mishra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-11-1992
Reported in: AIR1993Ori67; 75(1993)CLT105
Patra, J.1. The petitioners in this petition under Article 226 of the Constitution of India seek to challenge the Government decision directing shifting of M. E. section of Panigengutia-Siarimalia U.G.M.E. School (earlier known as P.S.M.E. School) to Panigengutia Talasahi U.P. School, as communicated by the Inspector of Schools, Dhenkanal in his letter dated 18-8-1988, Annexure-4.2. The petitioners state that in a public meeting some people belonging to six neighbouring villages agreed to amalgamate Siarimalia L.P. School with the local M.E. School in July, 1975 and renamed it as 'Panigengutia-Siarimalia P.S.M.E. School. The District Inspector of Schools in the letter dated 31-7-1975, Annexure-2 intimated the said decision to the Block Development Officer who took necessary steps in the matter. The petitioners allege that later the District Inspector of Schools recommended the shifting of M.E. section of Panigengutia-Siarimalia P.S.M.E. School to Panigengutia Talasahi U.P. School and t...
Smt. Pramila Dei Vs. State
Court: Orissa
Decided on: Sep-11-1992
Reported in: 1993(I)OLR24
A. Pasayat, J.1. 'Mother is the name for God in the lips and hearts of little children ', said Thackeray in 'Vanity Fair'. Can the hands of a mother that rock the cradle, and in the words of W. S. Ross (The Hand That Rocks the Cradle), rule the world be responsible for the death of her two infant children, Kipling had described the love, the feelings of a mother in the following words :'If I were hanged on the highest hill. Mother O'mine, O'mother O'mine'. I know whose love would follow me still, Mother O'mine, O,mother O'mine'.Can a mother snuff out the life of her two children The accusations are precisely that in the case at hand.2. In this appeal from Jail, Pramila Dei (hereinafter referred to as the accused' calls is question legality of her conviction made Under Sections 302 and 309 of the Indian Penal Code, 1860 (in short, IPC and sentences of imprisonment for life and one month's simple imprisonment respectively as awarded by the learned First Additional Sessions Judge, Cuttack...
Oriental Insurance Co. Ltd. Vs. Nanguli Singh and anr.
Court: Orissa
Decided on: Sep-10-1992
Reported in: II(1993)ACC306; 1994ACJ680; 75(1993)CLT567; (1995)ILLJ298Ori
B.N. Dash, J.1. This is an appeal filed by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the decision of the Workmen's Compensation Commissioner, Cuttack (for short 'the Commissioner') awarding a compensation of Rs. 1,03,990/- to respondent No. 1, Nanguli Singh, and directing the appellant to pay the same.2. Respondent No. 1 was working as a driver under the respondent No. 2. On May 19, 1987, at about 9 a.m., while he was driving the car bearing registration No. ORS 4462 belonging to his master on National Highway No. 5 at Satapolia Bridge, the truck bearing registration No. AEK 6393 coming from the opposite direction at a very high speed dashed against the car due to which he sustained injuries all over his body including in his right eye and fractured both the 2 bones of his right leg. Claimant aged 25 years and getting a wage of Rs. l,200/-p.m. claimed compensation of Rs. 1,00,000/-.3. Both the appellant and Respondent No. 2 2 ent...
Brundaban Mohanty Vs. Abakash Rout and ors.
Court: Orissa
Decided on: Sep-10-1992
Reported in: 75(1993)CLT522; I(1993)DMC596
G.B. Patnaik, J.1. The order of the Consolidation Commissioner, annexed as Annexnre-2, is being challenged in this writ application, inter alias. on the ground that the sale by the father of a, Hindu minor without permission of the Court being voidable and has to be avoided, the Consolidation authorities have no jurisdiction to set aside the sale deed and not to give effect, to the sale in question.2. The disputed land measuring Ac. 0.06 decimals appertaining to plot No. 206, Khata No. 27 of Sabak Khata which corresponds to Hal Khata No. 6 and Hal Plot No. 333 of mauza Godajanga in the district of Pan Sunei Bewa, the owner of the Sand, gifted the same under a registered gift deed dated 24-5-1901 in favour of opp. party No. 1, a minor. The father of said opp. party No. 1 said the land to the petitioner under a registered sale deed dated 6-7-1966 for a consideration of Rs. 100/- and according to the petitioner's case, the sale was for purchase of another place of land. Notwithstanding th...
Santanu Kumar Das Vs. State of Orissa
Court: Orissa
Decided on: Sep-10-1992
Reported in: 1992(II)OLR487
S.K. Mohanty, J.1. Judgment of conviction for an offence Under Section 411, IPC and sentence of three months rigorous imprisonment imposed on the petitioner by Judicial Magistrate, First Class, Bissam Cuttack and confirmed by Additional Sessions Judge, Koraput, is under challenge in this revision.2. Prosecution story in brief, is that the informant. (PW 3) runs a video hall at Muniguda. On the night of 20-8-1985 his son closed the video hall and returned home. In the morning of 21-8-1985 when the informant opened the video ha!! he found his VCR and remote controls worth Rs. 18,000/-missing. He then lodged FIR at Muniguda P.S. The above articles were seized by the police from the studio house of the accused petitioner on 22-8-1985. One Bibhisan who was serving in the video hall of the informant along with the present petitioner were charged for various offences with regard to the said articles. The learned Judicial Magistrate acquitted Bibhisan but convicted and sentenced the petitioner...
Laxminarayan Patnaik Vs. Saudamini Patnaik and anr.
Court: Orissa
Decided on: Sep-09-1992
Reported in: 1993CriLJ227
K.C. Jagadeb Roy, J. 1. Opposite party (husband) in Misc. Case No. 13 of 1986 in the Court of the Sub-Divisional Judicial Magistrate Jaypore is the petitioner who challenged the order passed by the learned Sub-Divisional Judicial magistrate granting a sum of Rs. 200/ - (Rupees Two hundred only) per month as maintenance against him in favour of the opposite parties, the wife and daughter aged one year, under Section 125 of the Code of Criminal Procedure. 2. The short facts of the case are as follows:The present opposite party No. 1 (housewife) alleged to have married the petitioner who is an Amin working in Upper Colab Project drawing a sum of Rs. 450/- per month. According to the opposite party No. 1 since there was failure in payment of dowry by her father to her husband, there was disention in the family and she was tortured by the members of her in-laws including her husband and was driven out from her matrimonial house with her child. She having no income of her own, filed the said...
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