Orissa Court December 1993 Judgments
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Sudarsan Palai and ors. Vs. Divisional Forest Officer and ors.
Court: Orissa
Decided on: Dec-14-1993
Reported in: 1994(I)OLR250
L. Rath, J.1. The occasion for moving this application under Arts. 226 and 227 of the Constitution of India, by the petitioners was the inaction of the opp. parties in issuing the permit under the Orissa Timber and Other Forest Produce Transit Rules,1980 (hereinafter referred to as 'the Rules') to enable them to remove timber from their land. The facts which constituted the cause of action for the petitioners are that they purchased the land on which the trees stood on 5-7-1974 and filed an application before the Divisional Forest Officer (opp. party No. 1) in Form No. Ill of the Rules on 29-8-1987 in pursuance of which the opp. party No. 1 gave a direction on 7-5-1988 to the Range Officer, Balukhenda to make a joint verification. The joint verification was made on 3-12-1988 but since nothing happened thereafter the petitioners made an application on 12-9-1991 to the Secretary to the Government, Forest Department. Since no results were coming forth even then, the present application wa...
Satyabadi Sahu Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-1993
Reported in: 78(1994)CLT246; 1994(I)OLR73
D.M. Patnaik, J.1. The appellant assails his conviction and sentence of rigorous imprisonment for one year and fine of Rs, 500/-on both counts under Sec.5 (2) read with Section 5(1)(d) of the Prevention of Corruption Act (for short, 'the Act') and Section 161 of the Indian Penal Code. Both the sentences to run concurrently.2. Prosecution case is, at the relevant time the appellant was serving as Live-Stock Inspector in village Indipur in the district of Dhenkanal. On 29-3 1986 at '7.30 p.m. it was alleged that he demanded and accepted a sum of Rs. 200/- from PW 3 as bribe for payment to the Branch Manager of the Dhenkanal Gramya Bank, Indipur Branch, for early sanction of the loan of PW 3 Previous information to this having boen lodged with the vigilance, the raiding party at the above hour near the house of the appellant in the said village recovered marked currency notes from the possession of the appellant to which the appellant admitted to have received for payment to the Branch Ma...
Joseph Verghese Vs. Food Inspector, Cuttack Municipality
Court: Orissa
Decided on: Dec-10-1993
Reported in: 1994(I)OLR125
A. Pasayat, J.1. M/s. St. Marry's Oil Industries through Joseph Verghese Managing Partner calls in question legality of the order passed by learned Sub-Divisional Judicial Magistrate, Sadar, Cuttack (in short, the 'SDJM') while dealing with application made by the petitioner and Cuttack Municipality (in short, the 'Municipality,) relating to certain articles seized which the Municipality prayed for permission to destroy.2. Sans unnecessary details the background facts are as follows :Petitioner claims to have sent about 1519 tins of coconut oil of different brands to Cuttack on 11-11-1991 through South Eastern Roadways (hereinafter referred to as the 'carrier'), to be delivered at the depot of petitioner at Cuttack. The Food Inspector attached to Cuttack Municipality collected samples on 21-12-1991 out of tins bearing Deepak brand. Petitioner's grievance is that though Municipality claims to have got the sample analysed, yet the report of such analysis was not made available to it, for...
Chakradhar SwaIn Vs. Maheswar Barik and ors.
Court: Orissa
Decided on: Dec-10-1993
Reported in: 1994(I)OLR176
A. Pasayat, J.1. Twelve persons who are opp. party Nos. 1 to 12 in this revision application, faced trial on the basis of an information lodged by the present petitioner, for allegedly having committed offences punishable Under Section 341 and 294 read with Section 34 of the Indian Penal Code, 1860 (in short. 'IPC')- The learned Judicial Magistrate, First Class, Nayagarh did not accept the prosecution allegations, and directed their acquittal Under Section 255(1) of the Code of Criminal Procedure, 1973, (in short, the 'Code').2. The background facts as projected by the prosecution are as follows :On 7-10-1987 at about 9 a. m. some of the villagers of Bakala- bandha were returning from Kanjian forest with fuel wood on their bullocks. On the way, at the outskirt of village Khutubandha some of the villagers of the said viilage(the accused persons headed by Narayan Biswal) restrained them and told them that the villagers of Bakalabandha cannot go on the village road of Khutubandha with the...
Balaram Rout Vs. Bhartuhari Mahatab and anr.
Court: Orissa
Decided on: Dec-06-1993
Reported in: 1994(I)OLR320
K.C. Jagadeb Roy, J.1. The present petitioner was the complainant before the Sub-Divisional Judicial Magistrate,Cuttack in ICC Case No. 65 of 1991 who filed his complaint petition on 19-6-1991. He has retired from service on 31-7-1991 while being a senior officer in the Indian Administrative Service was working as the Settlement Officer, Cuttack-Puri Major Settlement. He preferred the aforesaid complaint case after having found that some defamatory allegations of misappropriation had been published in the local newspaper 'Prajatantra'wherein it was also alleged that he had received illegal gratifications and had shown undue favours. The learned Sub- Divisional Judicial Magistrate, however, refused to take cognizance against the present opp. parties who are the Editor, Printer and Publisher of Prajatantra, a daily newspaper having its place of publi- cation at Cuttack. The petitioner-complainant examined himself before the Magistrate and gave his initial statement which was recorded but...
Pradeep Giri and ors. Vs. State
Court: Orissa
Decided on: Dec-03-1993
Reported in: 1994(I)OLR118
A.K. Padhi, J.1. Challenging their conviction under 324/34, IPC petitioners have filed this criminal revision.2. The prosecution case, in brief, is that on 3-9-198S at about 5 pm. informant PW 2, PW 5 and others were collecting signatures from the villagers to obtain loan from them. There was a congregation of many of the villagers at the place of occurrence where a meeting was going on. At that point of time petitioner Pradeep Giri came to the place and abused the members of the meeting in obscene language and left the place. Thereafter he went away from the place and came back along with the other accused persons. There was altercation between the parties and Pradeep stabbed PW 2 on his shoulder and Gourang Giri who suffered a cut injury on the left hand finger. Both the injuries were minor in nature. Thereafter they also assaulted others with lathis. The accused persons were charged Under Section 341/34, 324, 294/34, IPC. The learned trial Court acquitted all the accused persons of ...
Unit Construction Company Pvt. Ltd. Vs. National Aluminium Company Ltd ...
Court: Orissa
Decided on: Dec-03-1993
Reported in: 1994(I)OLR155
G.B. Pattnaik, J.1. The decision of the Subordinate Judge, Bbubaneswar, dated 3-12-1990 passed on an application being filed under Sec 38 of the Arbitration Act by opp. party No. 1 is under challenge in this revision.2. The brief facts leading to the impugned order of the Sub-ordinate Judge are stated hereundar. Opp. party No. 1, the National Aluminium Company Limited, is an Undertaking of the Government of India dealing with manufacture of aluminium. The said opp. party No. 1 invited tenders in February, 1983, for the work 'Construction of Residential Quarters at Angul in the district of Dhenkanal' and the petitioner was one of the tenderers. The tender of the petitioner was ultimately accepted by opposite party No 1 after negotiation and the petitioner was communicated the order accepting his tender and allotting the work to him. A formal agreement between the parties was also entered into and pursuant to the agreement, the petitioner commenced work. The work was completed some time ...
Babulu Kundu Vs. State of Orissa
Court: Orissa
Decided on: Dec-01-1993
Reported in: 78(1994)CLT56; II(1994)DMC640
L. Rath, J.1. The petitioner along with his mother faced trial under Sections 498-A and 306 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act on account of commission of suicide by the wife of the petitioner Mayarani married to him on 7-6-1986. The death occurred on 31-10-1987. On trial the mother of the petitioner was acquitted but the petitioner being found guilty of all the charges was sentenced to rigorous imprisonment for three years under Section 498-A, I.P.C. further rigorous imprisonment for three years under Section 306, I.P.C. and also rigorous imprisonment for six months under Section 4 of the Dowry Prohibition Act, with all the sentences directed to run concurrently. The appeal preferred by the petitioner having been dismissed, the present revision has been filed assailing the conviction and the sentence.2. The skeletogenous facts are that after her marriage on 7-6-1985 the deceased stayed with her mother-in-law for about 1 year or 2 years whereafter she c...
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