Orissa Court July 1994 Judgments
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Jairam Mohanty and ors. Vs. Bhagaban Pradhan and ors.
Court: Orissa
Decided on: Jul-15-1994
Reported in: 1994(II)OLR455
A. Pasayat, J.1. Petitioners call in question legality of order passed by Executive Magistrate, Bhubaneswar on 28-8-1993 initiating a proceeding Under Section 107, Code of Criminal Procedure, 1973 (in short, 'Code'), and directing the petitioners to show-cause as to why they shall not be required to execute bond in terms of Section 111 of the Code. The said order was assailed before the learned Additional Sessions Judge, Bhubaneswar, who held the same to be not maintainable on the ground that the order in question was an interlocutory order. Therefore, petition Under Section 482 of the Code has been filed before this Court. The learned counsel for petitioners accepted that though a revision had been filed before the learned Additional Sessions Judge, Bhubaneswar, there is no bar for moving this Court Under Section 482 of the Code.2. It is trite law that exercise of power Under Section 482 cannot be resorted to in entertaining a second revision which is barred Under Section 397(3) of th...
Pilli Dilli Dora Vs. State of Orissa
Court: Orissa
Decided on: Jul-15-1994
Reported in: 1995(1)ALT(Cri)14; 78(1994)CLT734; 1995CriLJ1758
R.K. Patra, J. 1. The appellant has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for being in unlawful possession of 8 K.gs. of ganja without any authority in contravention of Section 8 of the Act. He has been sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 6,000/- with a defaulting sentence. 2. Briefly stated, the prosecution case is that on 12-1-1990 at about 11-30 a.m. the Sub-Inspector of Excise, E.I.S., Berhampur (P.W. 3) when was on patrolling duty along with his staff including the Excise Constable (P.W. 1) at Goilundi bus stand, Berhampur, found the appellant to be searching for a Puri-bound bus. The appellant had a tin box with him. On suspicion P.W. 3 detained the appellant and after disclosing his identity, search of the tin box held by the appellant was conducted in presence of the witnesses. P.W. 3 found one jari bag inside the tin box which ...
Gama Mohanta Vs. State of Orissa, Represented by the Commissioner of S ...
Court: Orissa
Decided on: Jul-14-1994
Reported in: 1994(II)OLR249
G.B. Pattnaik, J.1. These two references have been made under Section 24 of the Orissa Sales Tax Act by the learned Sates Tax Tribunal framing certain questions of law arising out of the order of the Tribunal to be answered by this Court.2. The questions framed by the learned Tribunal are extracted hereinbelow :(i) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that there was material on record to show that the goods (sabai Ropes) moved from Orissa to Madhya Pradesh and the movement was effected by the applicant so as to construe a sale in course of inter- State trade ?(ii) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the applicant despatched Sabai ropes from Haldipada Railway Station without considering the applicant's prayer for confrontation and for rebuttal ?(iii) Whether on the tacts and in the circumstances of the case, the turnover as sustained by the Tribunal bears any nex...
Shankar Fisheries Vs. Paradeep Port Trust
Court: Orissa
Decided on: Jul-14-1994
Reported in: 1994(II)OLR268
G.B. Pattnaik, J.1. After disposal of Civil Revision No. 610/91 on 9-7-1993 the present application has been filed with the prayer that the judgment and decree dated 10-11-1992 and 2-12-1992 may be held to be correct and Money Suit No. 7/87 may be directed to be heard and disposed of afresh. Civil Revision No. 610/91 had been filed by the plaintiff against an order of the Subordinate Judge allowing an application for amendment of the written statement. The plaintiff also filed an application seeking transfer of the suit from the Court of the Subordinate Judga, Jagatsinghpur to any other Court at Cuttack which was registered as MJC No. 110/91. Both those applications were disposed of by a common judgment on 9-7-1993. The Court declined to interfere with the order of the Subordinate Judge allowing emendment of the written statement but had directed that amount of Rs. 10 0/- should be paid to the plaintiff within four weeks from the date of the order. But the prayar for transfer of the su...
M.J. Akbar and anr. Vs. Orissa Industries Ltd.
Court: Orissa
Decided on: Jul-14-1994
Reported in: 1994(II)OLR275
A. Pasayat, J.1. Petitioners call in question legality of order dated 3-8-1993 passed by learned Judicial Magistrate, First Class, Panoosh 'in short, JMFC') in purported exercise of power Under Section 319. Code of Criminal Procedure, 1973 (in short, the 'Cr PC'), by which direction has been given for issue of summons to them for facing trial as accused persons.2. Background in which a complaint was filed by Orissa Industries Limited (hereinafter referred to as the 'opposite party') is as follows :An article was published authored by Shri B. K. Mishra, its the then local correspondent,(hereinafter referred to as the 'accused'), in the daily 'Telegraph' on 9-3-1989. According to opposite party, the article was defamatory in character, so far as it was concerned, and therefore, an offence punishable Under Section 500 read with Section 499 of the Indian Penal Code, 1860 (in short, the IPC) was committed. It filed ICC Case No. 13 of 1989 in the Court of JMFC, Panposh. Decided on 14tb July,...
Pradeep Kumar Agarwal Vs. State
Court: Orissa
Decided on: Jul-14-1994
Reported in: 78(1994)CLT962; 1995CriLJ76; 1994(II)OLR313
A. Pasayat, J.1. Petitioner challenges order passed by learned Special Judge, Dnenkanal rejecting his prayer to issue summons to six persons, who, according to him, are material witnesses. Prayer was made in terms of Section 311 of the Coda of Criminal Procedure, 1973 (in short, the 'Cr PC'). Prayer appears to have been rejected on the ground that sufficient opportunity was granted to the petitioner. It is petitioner's case that adjournments were not earlier granted for the purpose of securing presence of the witnesses named in the petition dated 30-6-1994.2. Section 311, Cr PC reads as follows :'311, Power to summon material witness, or examine person present.Any Court may, at any stage of any injuiry, trial or other proceeding under this Code, summon any person as a witness or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his ev...
Daitari Naik and ors. Vs. Tahasildar-cum-revenue Officer and ors.
Court: Orissa
Decided on: Jul-14-1994
Reported in: 1994(II)OLR234
G.B. Pattnaik, J.1. Both these writ applications arise out of a common revisional order and involve common question of fact and law and were therefore heard together and are being disposed of by this common judgment. The determination of ceiling in a ceiling surplus proceeding under the Orissa Land Reforms Act by the statutory authorities is under challenge in these writ applications.2. One Nrupa Naik had five sons. Jagabandhu, Radhamohan, Bada Duryodhan, Sana Duryodhan and Arjuna. Jagabandhu the eldest son had predeceased Nrupa Naik and Nrupa Naik also died prior to the commencement of the Ceiling Chapter under the Orissa Land Reforms Act (hereinafter referred to as 'the Act'). Jagabandhu's branch is represented by his son Daitari (petitioner No. 1). Radhamohan's branch is represented by his son Jadumani (petitioner No. 2). Bada Duryodttan's branch is represented by his son Chinmaya (petitioner No. 3), Sana Duryodhan's branch is represented by his son Pranakrishna (petitioner No. 4) a...
M.Z. Samad Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-13-1994
Reported in: 1994(II)OLR209
G.B. Pattnaik, J.1. The petitioner was the grantee of an exclusive privilege for sale of foreign liquor 'off shoping Jharsuguda town in respect of Shop No. 3. In this writ application he challenges the grant in favour of opp. party No. 5. in respect of five shops of Jharsuguda town inter alia, on the ground that the same is contrary to the Excise Policy of the Government in the year 1934-95 inasmuch as in the facts and circumstances of the present case the petitioner must be held to be an existing licensee in respect of shop No. 3. In accordance with the Excise Policy for the year 1994-95 as contained in Annexure-1 the Excise authorities are entitled to settle the existing foreign liquor 'off shop' with 10 per cent increase in consideration money. The petitioner's case, in brief, is that he was the grantee of exclusive privilege in respect of shop No. 3 for the year 1991-92 and opp. party No. 5 was the grantee of exclusive privilege in respect of shop No. 1. Shop Nos. 2, 4 and 5 had be...
Purak Chand Chandak and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-13-1994
Reported in: 1994CriLJ3014; 1994(II)OLR541
G.T. Nanavati, C.J.1. The two petitioners along with ten others are the accused in G. R. Case No. 271 of 1993 of the Court of Sub-Divisional Judicial Magistrate, Cuttack. They are charged with an offence punishable under Section 302, read with Section 34, of the Indian Penal Code. it is alleged that the accused persons killed one Bina Jhawar,, daughter of Kali Prasad Bharadia, by pouring some liquid on her body and setting her on fire. The incident of burning took place on 17.2-1993 and Bina died as a result of the burns on 27-2-1993. The petitioners were released on bail by this Court on 26-7-1993. Against that order, the State went in appeal to the Supreme Court, and by its order dated 15-4-1994. the Supreme Court cancelled the bail and directed the petitioners to surrender forthwith. Pursuant to that order, the petitioners surrendered on 20-5-1994 and were remanded to the jail custody. The matter again came up before the Court of the Sub-Divisional Judicial Magistrate, Cuttack, for ...
inal Raghunath Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-11-1994
Reported in: 1994(II)OLR296
A. Pasayat, J.1. Order dated 6-3-1992 passed by the learned Subdivisional Judicial Magistrate, Chatrapur (in short,'SDJM') taking cognizance of an offence punishable Under Section 448 of the Indian Penal Code, 1860 (in short, 'IPC') and directing issue of summons to the petitioner is assailed in the application under consideration. According to the petitioner, essential ingredients necessary to constitute an offence punishable Under Section 448, IPC are squarely absent. In spite of notice, Choudhury Jagannath Rao (opp. party No. 2 herein) on the basis of whose information the case was instituted has not appeared.2. In a case where challenge is about absence of essential ingredients relating to an offence, the same is to be agitated before the Court taking cognizance, as observed by the apex Court in K. M. Mathew v. State of Kerala and Anr. ; (1992) 5 OCR 66, According to the petitioner, ha has filed all the relevant documents and in spite of notice the informant has not chosen to appea...
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