Orissa Court October 1994 Judgments
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Biswanath Mallick Vs. State of Orissa
Court: Orissa
Decided on: Oct-21-1994
Reported in: 1995CriLJ1416
ORDERA. Pasayat, J.1. Petitioner Biswanath Mallick (also referred to as 'accused' hereinafter) calls in question legality of his conviction for commission of offences punishable under sections 363/366 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of two years' rigorous imprisonment and fine of Rs. 100/-, in default to undergo two months' rigorous imprisonment on each count. The conviction and sentence as awarded by the learned Assistant Sessions Judge, Kendrapara were affirmed in appeal by the learned Additional Sessions Judge, Kendrapara. 2. Prosecution version as unfolded during trial is as follows : On 9-12-1989, around midnight Kalyani (P.W. 2) had gone out to attend call of nature. She was forcibly 'kidnapped by the petitioner, who took her first to Cuttack subsequently to Bhubaneswar and lastly to Jeypore, Information was lodged at the Police Station by Kalyani's father Baishnao (P.W. 1) on 1l-12-1989.Duringinvestigationthe victim was rescued from house of one acc...
Kanhu Cheran Rout and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-20-1994
Reported in: 1995(I)OLR278
Pasayat, J.1. Petitioners grievance is that notwithstanding several demands by the members of public, and recommendation by Members of Legislative Assembly no action is being taken for opening of a Primary Health Centre at Kamuleipithastllali of village Paramanandapur. It is stated that a resolution was adopted by Pachhikote Gram Panchayat to open a Hospital within the local limits of the said Gram Panchayat. Petitioners and other villagers requested local M.L.A. to recommend for opening of a new P.H.C. in village Paramanandapur. He requested the Chairman of the District Development Board to open a P.H.C. at Ragadi of Korai Block. Subsequently on 12-4-1991 he requested the concerned Minister to open a new P. H.C. at Kamuleipitha of village Para-manandapur at Regadi. With reference to the letter dated 27-6-1991 of Under Secretary of Government addressed to the Director of Health Services, Orissa (Annexure-4 to the writ application) it is submitted that recommendation has been made for o...
Sk. Belal @ Sk. Raja and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-14-1994
Reported in: II(1994)DMC327
L. Rath, J.1. This case is an expression of the conflict of values of parental authority asserting its right to control the rebellion in the offspring, a daughter, in choosing her life partner and the avowal by the daughter of the sole right in herself to regulate her own affairs. Thrown in to this age-old disharmony of parental authority and difiant assertion of the posterity of its personal rights is a dose of inter-religious, and hence unacceptable, marriage. Torsely put, petitioner No. 3, a Marwari girl, has choosen the petitioner No. 1, a Muslim boy as her life partner and an FIR having been lodged by the father registering a case under Section 363, IPC against him and petitioner No. 2, a person supposed to have assisted petitioner Nos. 1 and 3, all the petitioners are before this Court to claim their relief of quashing of the FIR and the investigation and not to arrest them or to take away petitioner No. 3 from her marital home. In this fight between the two sides, the State has ...
Orient Paper Mills Vs. Regional Director, Esic
Court: Orissa
Decided on: Oct-07-1994
Reported in: (1996)ILLJ1115Ori; 1995(I)OLR13
R.K. Patra, J.1. This is an appeal under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') filed by Orient Paper Mills challenging the validity of the order passed by the district Judge-cum-Employees' Insurance court arising out of a petition filed under Section 75 of the Act for certain declarations.2. Briefly stated, the case of the appellant (Orient Paper Mills) is that it is a factory located at Brajarajnagar in the district of Sambalpur duly registered under the Factories Act, 1948, being owned by M/s. Orient Paper and Industries Limited, an existing company under the Companies Act, 1956. The appellant is engaged in manufacturing of paper and paper board and is covered under the Employees' State Insurance Scheme in respect of its workers/employees of muster roll and there is no dispute regarding their coverage, contribution or any other matter. It is the allegation of the applicant that the respondent, the Regional Director of the E.S.I....
Govinda Chandra Sahoo and ors. Vs. State of Orissa, Represented Throug ...
Court: Orissa
Decided on: Oct-07-1994
Reported in: 1995(I)OLR530
V.A. Mohta, C.J.1. Here is a sad-but not necessarily unusual-story of lamentable state of affairs of our public life. Very valuable lease rights in the immovable property vested in the Grama Sasan have been disposed of by the Gram Panchayat clandestinely for a song in violation of basic norms in collusion with those who matter. Loss to the tune of at least Rs. 10 Lacs has been caused thereby seriously affecting much needed development projects.2. Within the area of Dhinkia Gram Panchayat in the District of Jagatsinghpur exists a water tank bearing a popular name 'Badara Zora'. In the year 1991-92 the water tank was managed and operated by the Gram Panchayat and thereafter it was leased out on year to year basis by public auctions. Dillip Kumar Behera-opp. party No. 7- as highest bidder in the auction for the year 1993-94 had become the lessee. The term of the lease was to expire with the end of June, 1994. The B.D.O. fixed the public auction of lease rights for further period on 24-3-1...
Babula Alias Ajit Pal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-03-1994
Reported in: 1995CriLJ307
A. Pasayat, J. 1. Babula alias Ajit Pal (hereinafter referred to as 'detenu') has filed this application under Article, 226 of the Constitution of India, 1950 seeking issuance of a writ of habeas corpus, quashing order of detention dated 6-3-1994 passed by the District Magistrate, Cuttack, in exercise of powers conferred by Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'Act'). The order of detention was passed with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order and directing him to be interred in the Circle Jail, Choudwar, in pursuance of the said mittimus.2. Grounds necessitating detention as detailed in the grounds of detention are as follows. On 2-3-1994 at about 4.45 p.m. the detenu along with one of his associates entered into the City Hospital, Cuttack. He assaulted Sri Bipinbehari Mohapatra, Stenographer to the Chief District Medical Officer, Cuttack and snatched away his wris...
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