Orissa Court April 1993 Judgments
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State of Orissa Vs. Ainul Haque
Court: Orissa
Decided on: Apr-20-1993
Reported in: 1993(I)OLR574
B.L. Hansaria, C.J.1. This Court having known that the learned Sessions Judge, Sundargarh, had released the opposite party, an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (shortly called 'the Act') on bail without considering the mandatory requirements of Section 37 thereof on the ground that there was violation of some of the provisions of the Act as a result of which the detention became illegal placing reliance on the judgment of this Court in Bidyadhar Dolai v. State, (199 2) 5OCR 31, in paragraph 15 of which it was stated that the detention order was being quashed with the aid of Section 482 of the Code of Criminal Procedure (hereinafter 'the Code'), which power is not available to a Court of Session, took suo motu cognizance being prima facie satisfied about the illegality of the order inasmuch as paragraph 15 of the aforesaid judgment had made it clear that the release was not in exercise of the power conferred by Section 439 of the Code, which power h...
Jai Rout Vs. Sabitri Dei and ors.
Court: Orissa
Decided on: Apr-19-1993
Reported in: AIR1993Ori251
ORDERB.L. Hansaria, C.J.1. A decree obtained from the trial Court and upheld by the first and second appellate (or revisional) Courts cannot be allowed Ordinarily and normally to be defeated at the execution stage, because that would render all the previous effort and exercise futile. Time, money and energy of everybody would be a loss. Decrees obtained from Courts of competent jurisdiction cannot be allowed to be rendered paper tigers; they have to be treated as alive and kicking. The only exception known to law in this regard is where a decree can be said to be a nullity, the reason for the same being that there would really be no decree to execute; and it is because of this that the executing Court would not incur the repreach that it is going behind the decree. This is well established law and if any citation is needed the same is Sunder Dass v. Ram Parkash, AIR 1977 SC 1207, in paragraph 3 of which this enunciation finds place.2. The important question is as to when a decree can b...
Antapalli Venkata Ramana Murty and anr. Vs. the State
Court: Orissa
Decided on: Apr-16-1993
Reported in: 1994CriLJ1693
ORDERD.M. Patnaik, J.1. This is a revision against the confirming judgment of conviction under Section 85 of the Gold Control Act, 1968 wherein the petitioners on trial were convicted and sentenced to undergo R. 1. for six months.2. Prosecution case is on 15-4-1974 some time during the night hours P. W. 1, the then Superintendent of Excise and P. W. 2 the Inspector of Excise on suspicion got into the Madras-Howrah Mail. They searched the two petitioners and recovered 1500.500 grams of gold from both the persons. At 6 a.m. when the train reached Balasote station, the gold was seized. It is alleged that the petitioners made voluntary confessional statements which were recorded by the Excise Officials.After investigation, the petitioners faced trial and were convicted and sentenced as stated above.Plea of the petitioners in the trial was that no gold was however recovered from their possession.3. Mr. C. A. Rao, learned counsel for the petitioners, while submitting his argument against the...
Jatadhari Das and anr. Vs. Hotel Nilachal Ashok and anr.
Court: Orissa
Decided on: Apr-16-1993
Reported in: 1993ACJ827
A. Pasayat, J.1. Heard learned counsel for appellants and learned counsel for respondent No. 2.2. The claimants are the legal representatives of one Banchhanidhi Das, who lost his life in an accident on 7.4.1985. The position as indicated in the application filed under Section 110-A of the Motor Vehicles Act, 1939 (in short, 'the Act') is that the deceased was proceeding on Gop-Konark Road facing towards Gop side. While he was walking on the left side the vehicle bearing registration No. ORX 1449 came at a high speed and dashed against him as a result of which he sustained injuries on his head and leg. First he was taken to Gop Hospital for treatment and on the advice of the Medical Officer he was being taken to S.C.B. Medical College Hospital for better treatment but on the way he breathed his last. Compensation of Rs. 1,00,000/- was claimed on the ground that the deceased was about 52 years and was doing business in purchase and sale of pigs out of which he was earning Rs. 700/- per ...
Samuel Pani Vs. Ramesh Chandra Mallick and ors.
Court: Orissa
Decided on: Apr-15-1993
Reported in: AIR1994Ori231
R.K. Patra, J.1. Certain disquieting and disturbing features are discernible in the judgment under challenge which have compelled us to say that a statutory Tribunal like that of opposite party No. 6 if it does not apply its mind to all relevant considerations, acts on considerations which are invalid law, makes a patent error basing on misinterpretation of relevant law governing the field and records perverse finding, it is liable to be judiciously administered with a 'potent drug'.2. Following the supplementary reciprocal transport agreement arrived at between the States of Orissa and Bihar as published in the Orissa Gazette notification dated 13-12-1990 of the Commerce and Transport (Transport) Department under Sub-section (6) of Section 88 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), a new route Berhampur-Tata Via Jamsola has come into existence on the road map of the Eastern region of the country. As per the agreement, Orissa would operate two vehicles o...
Biswanath Pati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-15-1993
Reported in: 76(1993)CLT128; 1993(I)OLR519
B.L. Hansaria, C.J.1. Education is the life-blood of a nation. The source has to be nourished well, as, if it dries up or gets polluted, the stream of national life shall get vitally affected.' it is education which develops intelligence and it is intelligence which distinguishes man from animal. Realising the very important role education plays in the life of a person, the Supreme Court in Mohini Jain v. State of Karnataka, (1992) 3 SCC 666, even regarded education as a fundamental right. This decision, however, came to be modified in Unni Krishnan v. State of Andhra Pradesh, JT 1993 (I) SC 474, by saying that right to get education up to primary stage is a fundamental right The learned Judges recognised the great importance of education in the life of an individual as well as of the nation. It would be enough to note what Kohan, J. in his concurring judgment stated in this regard. According to him, education is at once social and political necessity and victories are gained, peace is...
Arjuni Panigrahi and anr. Vs. State of Orissa, Represented by the Exec ...
Court: Orissa
Decided on: Apr-15-1993
Reported in: II(1993)ACC522; 1993(II)OLR122
A. Pasayat, J.1. A boy aged seven years sustained fatal injuries on 22-1-1987 and died. His parents lodged a claim before the Motor Accidents Claims Tribunal, Cuttack (in short, the 'Tribunal'). According to them, the accident occurred on account of rash and negligent operation of the road roller belonging to the Executive Engineer, National High Way and Project, Cuttack Division. The claim was for Rs. 50,000/-. In fact two applications were filed-one Under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Act') and the other Under Section 92-A of the said Act. Both the applications were tagged up and were disposed of by a common order. The Tribunal quantified the compensation at Rs. 15,000/-. The quantification is the subject-matter of challenge in this appeeal.2. According to Mr, R.B. Mohapatra, learned counsel appearing for the appellants, the quantification is patently on the lower side considering the age of the deceased and his parents. Mr. S. P. Mohapatra, learned co...
Radhika Engineering Industries Vs. Hindustan Aeronautics Ltd.
Court: Orissa
Decided on: Apr-14-1993
Reported in: 1993(II)OLR37
G.B. Pattnaik, J.1. The short question, that appeal for consideration in this appeal is whether disposal of the suit in the present case in the absence of the defendant is one under Rule 2 of Order 17 of the Code of Civil Procedure so that the provisions of Order 9 of the Code will be attracted, or is one under Rule 3 of Order 17, so that Order 9 will have no application at all.2. Defendant in Money Suit No. 7 of 1983 is the appellant. The plaintiff filed the suit for realisation of Rs. 86, 911. 14 alleging that though the defendant's tender was accepted and the defendant was required to supply the items of goods between 7-11-1978 and 1-5-1979, but it failed to supply the , goods as a result of which the plaintiff sustained the loss. The defendant in its written statement took the stand that time was not of the essence of the contract and, therefore, there has been no breach of contract by it. It was further averred that in August, 1979, the officers of the plaintiff received most of t...
Permutech Vs. the Orissa Housing Board and ors.
Court: Orissa
Decided on: Apr-14-1993
Reported in: 1993(II)OLR44
A. Pasayat, J.The petitioner calls in question legality of the action of opp. party Nos. 1 and 2 in placing orders with M/s. Macins (opp. party No. 3) for supply of filter for external water supply to Social Housing Scheme, Chhand, Phase II at Rourkela. Certain disturbing features were highlighted which need a detailed reference.After narrating tha facts, His Lordship observed :5. As indicated above, some disturbing factors have attracted our notice. Order was passed by the Chairman on-7-1-1993 for accepting the tender of the petitioner. Orders were accordingly placed on it and on the next day the Chairman came to a conclusion that there were allegations of manipulation. How the Chairman could notice that there was manipulation and on what basis he came to that conclusion is not forthcoming from the records. In any event, his specific order on 11-1- 1993 was that all the tenders were invalid and the Superintending Engineer and the Project Engineer (PH) were asked not to submit such inv...
Kamala Sethi and Etc. Vs. the State
Court: Orissa
Decided on: Apr-14-1993
Reported in: 1994CriLJ197
A. Pasayat, J.1. These two appeals are interlinked as both assail the correctness of the judgment rendered by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial No. 105 of 1989.2. The appellants (hereinafter referred to as the 'accused') stood trial being charged for commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short, 'IPC') for having committed murder by intentionally causing death of Rameshwar Sethi (hereinafter referred to as the 'deceased'), in furtherance of their common intention.3. A brief resume of the fact situation a (as) unfolded by the prosecution during trial is as follows :Accused Kamala is the wife of the deceased. Out of their wedlock four children were born. A house was provided to the deceased and accused Kamala under Indira Awas Yojana at village Gadia. Accused Sudha alias Srustidhar Singh is married to Asana and they have children. Budha owned two houses at village Gadia, one being his anc...
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