Orissa Court January 1993 Judgments
Ganesh Rout Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-28-1993
Reported in: 76(1993)CLT281; (1994)ILLJ795Ori; 1993(I)OLR380
B.L. Hansaria, C.J.1. The petitioner was a member of Railway Protection Force (hereinafter 'the Force'). He was appointed as a Constable on October 4, 1987. He was assigned patrolling duty from 00 hours to 08 hours on February 19, (9?) 1989. A disciplinary proceeding came to be initiated against him alleging gross negligence of duty during the aforesaid hours in having failed to prevent and detect pilferage of hard coke coal weighing about 200 kgs. by outsiders from a wagon standing in the new yard Khurda. The charge was denied following which an inquiry followed in which five witnesses were examined on behalf of the department. The following came to light during the inquiry :-(a) On February 9 (19?), 1989 at about 07.35 hours a railway quarter was searched and 210 kgs. of coal was recovered from one P.K. Barik. (b) The said Barik in his statement before the officers of the Central Intelligence Bureau (C.I.B.) confessed to have committed theft of coal from a wagon. (c) The said Barik i...
Tag this Judgment!Laxminarayan Mahanto @ Lakshmi Narayan Mahto Vs. State of Orissa
Court: Orissa
Decided on: Jan-28-1993
Reported in: 76(1993)CLT81; I(1994)DMC95
D.M. Patnaik, J.1. The appellant assails his conviction under Sections 304. Part II and 201 of the Indian Penal Code and sentence of R.I. for 5 years and 2 years respectively awarded by the Additional Sessions Judge, Jeypore.2. To draw it mild, prosecution case is, the deceased was the wife of the appellant. The marriage between the two took place in 1979. At the relevant time the appellant was serving as Teacher in the A.D.A.V. High School, Sunabeda and was staying in a quarter with the deceased with their child aged about two years.It was alleged that on 18-7-1982 about 9 a.m. the prosecution witnesses who were also occupying portion of the same building complex suddenly heard the shout of a lady and went to the quarter. They found the deceased lying dead with burn injuries. Some of the prosecution witnesses also found the appellant sleeping in the down-stair of the building. The appellant lodged a written repart with the police that his wife died of an accidental fire on the night o...
Tag this Judgment!Goutam Kumar Mohapatra Alias Barik Vs. Kara Patra and ors.
Court: Orissa
Decided on: Jan-28-1993
Reported in: 76(1993)CLT268; 1993(I)OLR388
G.B. Pattnaik, J.1. The order of the Revenue Officer directing restoration of property in favour of opp. party No. 1 in a proceeding Under Section 23-A of the Orissa Land Reforms Act having been upheld by the appellate and revisional authorities, the petitioner has moved this Court under Art. 226 of the Constitution to quash those orders.2. The petitioner's case in a nutshell is that the dispute relates to 2.b8 acres of land appertaining to Hal Settlement Plot Nos. 987 and 983 in Khata No. 27 of mauza Jangira in the district of Keonjhar, which correspond to Sabik plot Nos. 848 and 849, Long before the merger of Keonjhar State in the State of Orissa, petitioner's father possessed the aforesaid two plots of land by amalgamating the same with his own land which lies adjacent to th3 disputed land. In course of Settlement proceedings in the year 1964-66, the name of petitioner's father has been, recorded to be in forcible possession though the land has been recorded in the name of the State...
Tag this Judgment!Sanya Alias Sanyasi Challan Seth Vs. State of Orissa
Court: Orissa
Decided on: Jan-28-1993
Reported in: 75(1993)CLT854; 1993CriLJ2784
D.M. Patnaik, J.1. The appellant having been convicted for the offence punishable under Section 376, I.P.C. and sentenced to undergo R.I. for 7 years by the Sessions Judge, Phulbani assails the order of conviction.2. The prosecution case is, on 29-7-1985 during day time the prosecutrix (P.W. 1) had been to the Tumudibandha weekly market under Kothagarh Police Station in the district of Phulbani. About 5 p.m. she returned from the market. While proceeding towards her village, on the way near a simili tree the appellant caught hold of her hands and dragged her aside, laid her down on the ground and committed rape in spite of her protest and resistance.Reaching her mother's house, she narrated the incident to her mother. Though a panchayat was convened on the following day to which the appellant was called, he refused to attend. Thereafter, the matter was reported at the Tumudibandha Out-Post and alter investigation, chargesheet was submitted.3. According to the appellant, the allegation ...
Tag this Judgment!Gafur Saha Vs. Sabatun Bibi
Court: Orissa
Decided on: Jan-22-1993
Reported in: 75(1993)CLT703; I(1994)DMC228
B.N. Dash, J.1. In this revision under Section 115 of the Civil Procedure Code, 1908 (for short 'the Code') the petitioner-husband has assailed the order of the learned Subordinate Judge, Balasore granting interim maintenance at the rate of Rs. 500/- per month to the opposite party-wife.2. Admittedly, the opposite party Sabatun Bibi (hereinafter referred to as 'the wife') and the petitioner Gafur Saha (hereinafter referred to as 'the husband') are Muslims, being of Hanafi School of Sunni sect. The wife, as plaintiff, instituted a suit for maintenance in the Court of the Subordinate Judge, Balasore claiming maintenance at the rate of Rs. 500/- per month from the husband together with a petition under Section 18-A of the Court Fees Act praying for exemption from payment of Court fees. Before the suit was admitted, the wife filed a petition in Misc. Case No. 77 of 1990 claiming interim maintenance of Rs. 500/- per month from the husband alleging that the latter while living with another l...
Tag this Judgment!Dayanidhi Mohanty Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-22-1993
Reported in: 75(1993)CLT789; 1993(I)OLR358
B.L. Hansaria, C.J.1. The petitioner impugns Annexure-1 dated 28-5-1991 by which he was informed by opp. party No. 2 M/s. Orissa Textile Mills Ltd. (hereinafter referred to as ' the Company' also the Mills') that he would no more be required as Legal Adviser with effect from 1-6-1991. His case is that he was an employee of the Company and the impugned communications amount to termination of service which had been ordered without complying with the principles of natural justice, and so, he seeks reinstatement.2. Two points in the main need our determination :(1) Whether the petitioner was an employee of the Mills or was mere retainer as Legal Adviser?(2) Whether a direction to reinstate, even if the present be a case of termination of service as an employee, can be issued ?3. To answer the first question, some broad facts may be noted. The petitioner was provisionally appointed as a Junior Retained Lawyer vide Annexure 2 dated 19/20 November, 1975 on a monthly retaining fee of Rs. 100/-...
Tag this Judgment!Chandra Naik Vs. State
Court: Orissa
Decided on: Jan-22-1993
Reported in: 76(1993)CLT361; 1993CriLJ2128; 1993(I)OLR456
L. Rath, J.1. The sole point urged by the learned counsel for the petitioner in this case is that the petitioner's conviction Under Section 27(3)(a) of the Orissa Forest Act, 1972 and sentence to simple imprisonment for two months and fine of Rs. 2,500/- in default to undergo simple imprisonment for a further period of one month on the allegation of his having cut four Sal trees inside Jagannath Prasad reserved forest to be unwarranted since it was never proved that the forest in question was a reserved forest. The petitioner was alleged to have illegally cut the trees on 10-12-1985 and such fact having been proved, his conviction ensued. The conviction and sentence have also been confirmed in appeal.2. Section 27 (3) (a) of the Orissa Foresr Act provides that any person who, in a reserved forest, inter alia, fells any tree or plant shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees. For conviction under...
Tag this Judgment!Amiya Kumar Panda and ors. Vs. Santosini Mishra and ors.
Court: Orissa
Decided on: Jan-22-1993
Reported in: 75(1993)CLT449; 1993(I)OLR345
G.B. Pattnaik, J.1. The plaintiff is the appellant against a reversing judgment in a suit for declaration th3t the sale deed executed by defendant No. 2 in favour of Matadin Agarwal in respect of Schedule 'A' land is fraudulent, invalid and illegal and is without consideration and is not binding on the plaintiff as well as on defendants 2 and 3 and for a declaration that the plaintiff and defendants 2 and 3 have right, title and interest over the said 'A' schedule land and for eviction of defendant No. 1 from the aforesaid Schedule 'A' land.After stating facts, findings and submission, it is held :8. In view of the rival submissions made at the Bar, the sole question that arises for consideration is whether this Court can examine the question as to the validity of the sale deed on the ground that it was executed by an illiterate lady and that there is no finding that the document was read over and explained to such lady and she executed the same after fully understanding the contents t...
Tag this Judgment!State Vs. B. Satyanarayana and anr.
Court: Orissa
Decided on: Jan-22-1993
Reported in: 75(1993)CLT695; 1993(II)OLR80
S.C. Mohapatra, J.1. Order of trial Court dropping the prosecution Under Section 268, Criminal Procedure Code is grievance of the prosecutor in this revision.Opposite parties were being prosecuted Under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and Rules 45 and 50 of the Central Rules made thereunder.2. Prosecution case is that accused persons carry on business of sale of food articles in the shop named Bharat General Store within the limits of Parlakhemundi Municipality. On 31-8-1989, Food Inspector. Parlakhemundi under the Subdivisipnal Medical Officer of that Subdivision visited the shop and made statutory purchase of food articles for analysis. After getting the samples examined by the public analyst. Food Inspector submitted the prosecution report against the accused for having committed the offence as stated earlier.3. Cognizance was taken of the offence on 31-5-1990 and process was issued to the o...
Tag this Judgment!Ramakanta Mohanty Vs. Ajay Kumar Routray and ors.
Court: Orissa
Decided on: Jan-22-1993
Reported in: 75(1993)CLT736; 1993(I)OLR461
L. Rath, J.1. The question raised by the learned counsel for the petitioner is that the direction by the learned Magistrate in a complaint case, after recording the statements of the complainant and some witnesses, to the police to investigate into the matter Under Section 202 of the Code of Criminal Procedure (hereinafter referred to as 'Cr PC') is illegal as the power under the section vested in the Magistrate is to either enquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit but not resort to both the methods. The petitioner filed a complaint before the Sub-Divisional Judicial Magistrate, Bhubaneswar, alleging offences against the opposite parties Under Sections 342/347/348/384/465/109/392/354/34, IPC and during the enquiry held by the Magistrate Under Section 200 examined himself, his wife and son as witnesses. The learned Magistrate in his order dated 4-7-1992 held that clear evidence was not available rega...
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