Orissa Court June 1994 Judgments
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Rama Narayan Badapanda Vs. State of Orissa, Represented Through the Se ...
Court: Orissa
Decided on: Jun-30-1994
Reported in: 78(1994)CLT712; 1994(II)OLR201
A. Pasayat, J.1. The importance of a symbol in a ballot paper is the pivotal question that needs adjudication in this writ application2. The factual position is undisputed and has a very secondary role to play in the dispute, and therefore, the essential features are indicated as follows :Petitioner and Chittaranjan Misra (opp. party No. 3) were the contesting candidates for election as member of Dungripalli-Binika Agricultural Co-operative Society (Zone 4). Necessary steps for such election in terms of Section 28-A of the Orissa Co-operative Societies Act, 1962 (in short, the 'Act').and.Rule 5 of the Orissa Co - operative Societies (Elections to the Committees) Rules, 1992 (in short, the 'Election Rules') were taken by the concerned authorities. Petitioner and opp. party No. 3 were allotted symbols 'tubewell' and 'fish' respectively, but in the ballot papers given to the electors the symbols were printed wrongly. Against the name of petitioner, 'fish' symbol was printed, and against n...
Smt. Sarojini Sethi Vs. Collector and ors.
Court: Orissa
Decided on: Jun-30-1994
Reported in: 1994(II)OLR212
A. Pasayat, J.1. Heard learned counsel for petitioner and the learned counsel for State.2. When the elected Sarpanch of Mahana Grama Panchayat was declared disqualified, petitioner took over charge as Sarpanch being the Naib-Sarpanch with effect from 1-8 1993. On the allegation of having committed various irregularities, in violation of statutory provisions, she has bean placed under suspension by the order of Collector dated 9-5-1994 in purported exercise of power under Sub-section (1) of Sec 115 of the Orissa Grama Panchayat Act. 1964 (in short, the 'Act'). Petitioner's main challenge in the writ application is that the grounds on which action has been taken against her are either non-existent, or on mis-interpretation of actual facts situation.3. Learned counsel for State on instruction submits that action taken by the Collector has been reported to the State Government as, required under Sub-section (1) of Section 115 of the Act on 9-5-1994, and the matter is pending before the Gov...
Banchhanidhi Mishra Vs. Mst. Ghasien Banchhor
Court: Orissa
Decided on: Jun-30-1994
Reported in: 78(1994)CLT520; 1995(I)OLR119
A. Pasayat, J.1. The petitioner challenges legality of the order passed by the learned Judicial Magistrate, first class, Kantabanji (in short, 'JMFC') in ICC Case No. 36 of 1992. On the basis of complaint filed by opposite party action was initiated. The matter was posted to 18-2-1993. Petitioner filed an application on 17.2.1993 to consider whether the proceeding is maintainable. The learned JMFC came to hold that till process is issued, accused has no role to play. He, therefore, refused to take note of the motion made by the petitioner, and took cognizance of offence punishable under Section. 294 of the Indian Penal Code, 1860 (in short 'IPC') while refusing to do so in respect of accusations under Section. 500, IPC. Peculiarly immediately after taking cognizance, he proceeded to decide necessity of sanction in terms of Section 197, Code of Criminal Procedure, 1973 (in short' 'CrPC'). He elaborately dealt with that aspect and held that Section. 197, CrPC had no role to play. Accordi...
Pratap Chandra Mohant and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jun-29-1994
Reported in: 1994(II)OLR198
A. Pasayat, J.1. Petitioners two youngsters, faced trial on the accusation of having committed an offence punishable under Section 354 read with Section 34, IPC. Allegedly they used Criminal Force to Sambari Ho. (PW 1) a woman, old enough to be their mother, intending to outrage her modesty. They were found guilty by learned JMFC, Karanjia who sentenced them to undergo rigorous imprisonment for three months. In appeal, conviction was maintained, but sentence was reduced to one month by learned Sessions Judge, Mayurbhanj, Baripada.2. Prosecution case, in brief is as follows :On 8-4-1986, Doma Ho (PW 2) and his wife Sambari Ho (PW 1) were returning from Jashipur weekly market. While Doma was answering call of nature, Sambari was proceeding a little ahead. Suddenly she cried out hearing which Doma rushed to the spot where he found the petitioners embracing Sambari and trying to outrage her modesty. When he raised objection, the petitioners tried to assau him. He managed to catch hold of t...
Begum Bibi and ors. Vs. Abdul Rajak Khan
Court: Orissa
Decided on: Jun-29-1994
Reported in: 1995CriLJ604
ORDERA. Pasayat, J.1. Petitioner No. 1's application under Section 125, Code of Criminal Procedure, 1973 (in short, 'Code') having been held to be not maintainable by the learned Judicial Magistrate, first class, Bhadrak, she has moved this Court for interference.2, Facts situation is almost undisputed and needs no elaborate reference. Bare essentials are as follows:Petitioner No. 1 filed a petition claiming maintenance of Rs. 1,000/- per month, i.e., Rs. 500/-for herself, Rs. 250/- each for two minor children from the opposite party. According to her, opposite party demanded cash of Rs. 5,000/- from her father for acquisition of a tailoring shop. On refusal he forcibly took away the ornaments from her possession along with other valuables, and drove her away from his house along with two minor children after taking her left hand thumb impression on blank papers. Though he was duty bound to maintain her and the children, and she was unable to maintain themselves, opposite party without...
Bibhisan Barik Vs. the State
Court: Orissa
Decided on: Jun-29-1994
Reported in: 1995CriLJ390
ORDERA. Pasayat, J.1. Petitioner calls in question legality of his conviction under Section 325 of the Indian Penal Code, 1860 (in short, IPC) and sentence of six months rigorous imprisonment as awarded by the learned Subdivisional Judicial Magistrate, Kuchinda (in short, 'SDJM' ) and confirmed in appeal by the learned Additional Sessions Judge, Sambalpur.2. Background facts are as follows:On 15-3-1988 in the evening petitioner (hereinafter referred to as the 'accused') went to the house of Ram Prasad Khadia (P.W.1) and demanded money, taken as advance for supply of broom sticks from his mother, Raibani Khadia (P.W.4). She replied that articles had been supplied already. Accused was enraged at this reply and abused her in filthy language. At this juncture Sri Bachha Khadia (P.W.7) arrived and tried' to intervene. The accused dealt a blow with bamboo stick which he was holding, on Sri Bachha's head which resulted in bleeding injury on his left eye. The injury was very serious in nature ...
Dr. R.P.M. Sharma Vs. Man Mohan Mathur and anr.
Court: Orissa
Decided on: Jun-24-1994
Reported in: 78(1994)CLT707; 1995CriLJ387; 1994(II)OLR357
B.N. Dash, J.1. The petitioner is the Superintendent of Police Kalahandi, Bhawanipatna and he has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for quashing the order dated 30-10-1992 taking cognizance as also the entire criminal proceeding in ICC No. 61 of 1992 on the file of the SD JM. Bhawanipatna in which the order taking cognizance was passed.2. The opp. party No. 1 Sri Man Mohan Mathur is a member of the Rajya Sabha and he filed the aforesaid complaint case against the petitioner alleging that on 19-10-1992 at about 8 A. M. while he along with one Shri Bhupinder Singh and others were discussing about the starvation death in the district of Kalahandi with Shri J. B. Patnaik, the P. C. C. (I) President, some police officials came and took away Shri Singh after arresting him. Having failed in his attempt to contact the petitioner over phone to know the reason of the arrest of Shri Singh, the opp. party No. 1 went to Bhawa...
Nilakantha Pati Vs. State of Orissa
Court: Orissa
Decided on: Jun-24-1994
Reported in: 1995CriLJ2472
B.N. Dash, J.1. The accused-appellant has been convicted under Section 306 and 498A of the Penal Code, 1860 (in short, 'IPC') and also under S 3 of the Dowry Prohibition Act, 1961 (for short, 'the Act') and sentenced respectively to undergo rigorous imprisonment for three years, one year and three months with a direction that the sentences shall run concurrently.2. Admittedly, the accused, a lecturer in Sadasiba Sanskrit Mahabidyalaya situated at Puri married the deceased Saila, the daughter of Ananta Mishra (P. W. 3) and niece of Basudeb Mishra (P.W. 2) and Ganadeb Mishra (P.W. I) in the month of April, 1982 according to Hindu custom. Out of the three brothers, the eldest is Ananta who was staying in his native village Naraharipur being an agriculturist and the middle and youngest are Basudeb and Ganadeb who being respectively a business man and an advocate of the legal Bar were slaying separately at Dolemandep Sahi in Puri town. Shortly stated, the prosecution case is that in the mar...
Oriental Insurance Co. Ltd. Vs. Chandra Panigrahi (Smt.) and ors.
Court: Orissa
Decided on: Jun-23-1994
Reported in: II(1994)ACC698; 1995ACJ733; 78(1994)CLT595; (1999)IIILLJ426Ori
A. Pasayat, J.1. The Oriental Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of an award made by the Second Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short, the 'Tribunal'). A sum of Rs. 45,000/- has been awarded as compensation by the Tribunal to the legal representatives (hereinafter referred to as the 'claimants')'of one Krupasindhu Panigrahi (hereinafter referred to as the 'deceased'), who lost his life in an accident on March 28, 1983. The insurer has been directed to pay the award along with interest at the rate of 6% from the date of award till realisation, if paid within a period of three months from the date of award. A default rate of interest at the rate of 12% was stipulated in case of non-payment within the stipulated period. Interest from the date of claim was denied, as the Tribunal felt that the proceeding was prolonged on account of careless attitude of the claimants. A cross-objection has been fi...
Prasanta Kumar Mangaraj Vs. Life Insurance Corporation of India and an ...
Court: Orissa
Decided on: Jun-23-1994
Reported in: 78(1994)CLT937; 1994(II)OLR254
G.B. Pattnaik, J.1. The order of termination of petitioner's apprenticeship dated 3-2-1993, annexed as Annexure-5, is the subject matter of challenge in this writ application, inter alia, on the ground that the said order is the outcome of total non-application of mind and contrary to the set of Rules prevalent during the material period.2. An advertisement was issued from the Divisional Office at Sambalpur on 14-5-1991 for recruitment as Apprentice Development Officer for appointment to the cadre of Development Officer (Class- II). The advertisement has been annexed as Annexure-1. It was stipulated in the advertisement that those who will be declared successful on the basis of the interview will be appointed as Apprentice Development Officers subject to their being found medically fit by the medical examiner and the selected candidates will be initially appointed as Apprentice Development Officers for a period not exceeding one year and the period of apprenticeship will not count as s...
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