Orissa Court August 1993 Judgments
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State Vs. Fagu Mallik and ors.
Court: Orissa
Decided on: Aug-20-1993
Reported in: 1993(II)OLR339
ORDERB.L. Hansaria, C.J.1. It having come to the notice of this Court that persons accused of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter called the Act' have been released on bail on the ground that such accused cannot be remanded to custody beyond a period of fifteen days by a Judicial Magistrate and a Sessions Judge cannot exercise the power of remand inasmuch as he can only try an offence till Special Court is constituted as stated in Section 36-D of the Act, suo motu cognizance was taken to examine the legality of the aforesaid orders of release on bail. As the Act has been enacted to take care of the growing menace of drug traffic- king and drug-addiction, a need was felt to examine whether the mandatory provisions finding place in Section 37 of the Act stating as to when a person accused of offences under the Act can be released on bail can become inoperative due to aforesaid reason.2. The ground finding place in these orders having, howe...
Gopal Krishna Pradhan Vs. Japi Pradhan
Court: Orissa
Decided on: Aug-19-1993
Reported in: II(1993)DMC393
P.C. Misra, J.1. Opp. party is the wife of the petitioner. She obtained a decree for maintenance and for non-payment of the decretal amount she filed an execution case in the Court of Subordinate Judge, Bargarh. At the instance of the decree holder Ac. 2.04 decimals of laud were attached in the execution case for realisation of the decretal dues. After the attachment, the father of the judgment-debtor filed an application under Order 21 Rule 58 C.P.C. for realisation of his share in the attached properties alleging that the said item of properties belonged to the family in which he had some interest. The Court allowed his prayer and released his interest in the attached properties. The judgment-debtor thereafter filed an application purporting to be one Under Section 47 of the C.P.C. challenging the executability of the decree by way of sale of 1/3 interest of the judgment-debtor alleging that it would lead to the fragmentation of the whole land, which is prohibited by the Orissa Conso...
Hanu Alias Girish Ch. Behera Vs. State
Court: Orissa
Decided on: Aug-18-1993
Reported in: 76(1993)CLT787; 1993(II)OLR369
L. Rath, J.1. The petitioner was prosecuted for theft of electrical energy Under Section 39 of the Indian Electricity Act, 1910 and having been found guilty was convicted and sentenced to R1 for four months and fine of Rs. 1000/-, in default to Rl for one month more. In appeal, while the conviction was maintained, the sentence was modified by remitting the fine but maintaining the substantive sentence. The prosecution started with the Junior Engineer (Electrical) lodging the FIR with the Officer-in-charge, Morada P. S. on 17-6-1986 of his having found the petitioner as unauthorisedly using electricity by extending service connection from the L. T.- Line. On investigation charge-sheet was submitted by the police and the petitioner was convicted on trial. Mr. Das, the learned counsel for the petitioner urged the question of the prosecution to have been still-born as having been launched by a Junior Engineer who was not authorised to institute the prosecution. In support of the submission...
General Superintendent, Talcher thermal Station Vs. Bijuli Naik
Court: Orissa
Decided on: Aug-17-1993
Reported in: 1994ACJ1054; 76(1993)CLT699
G.B. Patnaik, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act (for short, referred to as 'the Act') and an interesting question of law has been raised. The question that arises for consideration is: what is the true meaning of the expression 'arising out of and in course of his employment' used in Section 3(1) of the Act? Section 3(1) of the Act is extracted herein below in extenso:Employer's liability for compensation.- (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:Provided that the employer shall not be liable -- (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to-(i) the workman having been at the time ther...
Pankaj Naik Vs. State of Orissa
Court: Orissa
Decided on: Aug-17-1993
Reported in: 76(1993)CLT843; 1994CriLJ829
B.N. Dash, J.1. The accused-appellant Pankaj Naik has been convicted under Section 364, I.P.C. and sentenced to undergo rigorous imprisonment for 4 years by the learned First Additional Sessions Judge, Cuttack.2. The prosecution case, shortly stated, is that on 16-4-1990 at about 7 p.m. while Sanjaya Kumar Sahu, a boy aged about 9 years (P.W. 3) was going to witness 'RAMLEELA' that was going to be staged in a rostrum located in the midst of his village Gholpur, the accused-appellant met him near a half constructed house of one Prafulla Raut and directed him to bring seven china roses (Mandar flowers) kept there and on his refusal to go there, the accused-appellant physically lifted and took him inside the said house, gagged his mouth and pressed his neck. On hearing the cry of P.W. 3 many villagers assembled at the spot and found the accused-appellant running away after scaling over a half constructed window of that house leaving P.W. 3 who was unconscious. Some villagers took P.W. 3 t...
Satyanarayan Choudhury Vs. State of Orissa
Court: Orissa
Decided on: Aug-17-1993
Reported in: 1994CriLJ282; 1993(II)OLR438
B.N. Dash, J.1. This revision is directed against the judgment of the learned 2nd Addl. Sessions Judge, Purl whereby he has upheld the judgment and order of the learned Chief Judicial Magistrate, Puri convicting the accused-petitioner Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short, 'the Act') and sentencing him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/-and in default, to undergo rigorous imprisonment for a further period of 6 months.2. The prosecution case, shortly stated, is that on 19-3-1930 the Food Inspector of Puri Municipatity made statutory purchase of 450 gms. of Panamahhuri and 450 gms. of Zuani. from the shop of the accused in presence of PWs 2 and 3. The purchased articles were each divided into three equal parts and each part was kept in a separate dry and clean bottle and then duly sealed. One such sample bottle from each of the purchased articles was sent for examination to the Public Analyst which was r...
Mataji Bewa and ors. Vs. Hemanta Kumar Jena and anr.
Court: Orissa
Decided on: Aug-17-1993
Reported in: 1994ACJ1303
G.B. Patnaik, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against an award of the Second Motor Accidents Claims Tribunal, Cuttack, in Miscellaneous Case No. 178 of 1984.2. The claimants had filed the application under Section 110-A of the Act claiming compensation to the tune of Rs. 1,30,000/-alleging that when the deceased was going on the road on the National Highway No. 5 on 2.2.1984, at 5.00 a.m., the offending truck bearing registration No. CSC 5480 knocked him down from his back side as a result of which the deceased sustained fatal injury. He was immediately removed to the S.C.B. Medical College Hospital, Cuttack, where he succumbed to the injury on the very same day at 6.00 p.m. It was averred in the claim petition that the deceased was earning Rs. 1,500/- per month and was contributing Rs. 1,000/- for the maintenance of the family. The claimants are the widow, the minor daughters and the widowed mother of th...
Sivendranath Sinha Vs. Artatrana Mohanty and ors.
Court: Orissa
Decided on: Aug-16-1993
Reported in: AIR1994Ori134; 76(1993)CLT864
G.B. Patnaik, J.1. The landlord, a retired Chief Engineer, is the petitioner assailing the order of the appellate authority under the Orissa House Rent Control Act affirming the decision of the Controller and rejecting petitioner's application for eviction of the tenant from the premises in question. The tenant is a practising advocate of this Court. This litigation has a chequered career and is in this Court for the third time.2. Admittedly, the petitioner is the owner of the premises in question and while he was continuing in service had inducted opposite party No. 1 as a tenant in respect of the ground floor of the building. After the retirement of the petitioner from service, as the first floor of the building which was under the possession of the petitioner became insufficient, he requested the tenant-opposite party No. 1 to Vacate the premises in question and having failed in his attempt to get the ground floor vacated through persuasion had to knock the doors of the House Rent C...
Gajanan Bharesagaria Vs. State of Orissa
Court: Orissa
Decided on: Aug-16-1993
Reported in: 1993(II)OLR374
A. Pasayat, J.1. The petitioner faced trial on the accusation of having committed offences punishable under Secs 279 and 304-A of the Indian Penal Code, 1860 (in short, 'IPC'). The accusations against him were that on account of his reckless driving on a public way, a young boy namely, Manoj Kumar Jain (hereinafter referred to as the 'deceased') lost his life. The alleged incident took place on 7-10-1982 at about 7 a. m. in the morning. Petitioner was driving a truck bearing registration No. GRR 625. The truck was taken to a petrol pump to purchase diesel, and while coming out of the petrol pump near a curve it ran over the deceased who was riding a bi-cycle.2. Seven witnesses were examined to further the prosecution case. Out of them, PWs 1, 2, 3 and 5 are stated to be the eye witnesses to the occurrence. The accused pleaded his innocence and took a positive stand that he was not driving the vehicle at the relevant time. However, placing reliance on the evidence of the witnesses, lear...
Alok Alias Debendra Kumar Alias Debendranath Mohanta Vs. State of Oris ...
Court: Orissa
Decided on: Aug-16-1993
Reported in: 1993(II)OLR402
L. Rath, J.1. The petitioner, who had been originally cited as a witness in S. T. No. 8/45 of 1993 against the Suban Ho prosecuted Under Section 376, Indian Penal Code has invoked the power of this Court Under Section 482 of the Code of Criminal Procedure being aggrieved by the order of taking cognizance against him as an accused in the case under the very same charge. PW 4 lodged information before the police as the victim girl alleging that she was serving in the house of one Niladri Mahata and was taking his cattle for grazing in the jungle and usually Suban Ho, the present petitioner, and her cousin Nathu He also accompany her for grazing cattle of different persons. On 22-8-1992 when they were all inside the jungle accused Suban Ho chased her to catch hold her for which she ran away in apprehension and at that time the petitioner caught hold of her, but left her as Suban Ho reached. Suban Ho forcibly laid her on the ground and 'aped her. FIR was lodged at the police station by the...
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