Orissa Court August 1994 Judgments
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Dillip Kumar Routray and ors. Vs. the State and anr.
Court: Orissa
Decided on: Aug-17-1994
Reported in: 1994(II)OLR518
A. Pasayat, J.1. Petitioners call in question legality of order dated 21-6-1994 passed by learned sessions Judge, Cuttack in Criminal Misc. Case No, 707 of 1994 in purported exercise of power Under Section 409 of the Code of Criminal Procedure, 1973 (in short, the 'Code').2. According to the petitioners, they were impleaded as opposite parties in the application filed by Tushar Kanra Routray (opp. party No. 2 herein) before learned Sessions Judge seeking transfer of Sessions Trial No. 200 of 1994 pending disposal in the Court of Add). Sessions Judge-, Kendrapara. No notice was issued to them, and solely on the concession of the learned Public Prosecutor, prayer of Tushar Kanta was accepted. Transfer of the aforesaid Case from the Court of Addl. Sessions Judge, Kendrapara to the file of Sessions Judge, Cuttack has been directed. Such a course, according to the petitioners, is illegal because no opportunity was granted to them, who are arraigned as accused and have vital interest in the ...
Ranka Bhua and ors. Vs. Jubaraj Saraf and ors.
Court: Orissa
Decided on: Aug-16-1994
Reported in: AIR1995Ori16
Nanavati, C.J. 1. Petitioner No. 1, either individually or along with the other two petitioners, purchased certain lands of village Suktapali from different persons between the years 1967 and 1978. During the consolidation proceedings in respect of that area, the petitioners applied under Section 9(3) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter, 'the Act') for recording their names in the relevant records on the strength of the said purchases. These applications were registered as Objection Cases Nos. 772/102, 1056/887 and 1050/390. The Consolidation Officer disallowed the claims of the petitioners on the ground that the sales in their favour were void in view of Section 22 of the Orissa Land Reforms Act (hereinafter referred to as 'the O. L. R. Act') and disposed of those Objection Cases accordingly. The petitioners, instead of filing appeals against those orders, filed objections under Section 18 of the Act. Those application...
Jamuna Prasad Das Vs. State of Orissa
Court: Orissa
Decided on: Aug-12-1994
Reported in: 1995CriLJ1408; 1994(II)OLR384
A. Pasayat, J.1. A very unusual order passed by learned Sub- Divisional Judicial Magistrate, Bargarh (in short, 'SDJM') is the subject- matter of challenge in this application. By impugned order learned SDJM has directed for issue of summons to the petitioner who was informant in GR Case No. 132 of 1992. Cognisance of an offence punishable.Under Section 409 of the Indian Penal Code, 1860 (in short, MPC) was taken.2. Factual position, almost undisputed, is as follows:On 'he basis of written report submitted by petitioner, action as power of attorney holder of M/s.Priya Gas Sales and Services. Bargarh to the effect that 303 empty gas cylinders, 6 full and 2 detective gas Cylincders kept inside gas godown at. Saiyam on 6-3-1992 under lock and key were stolen from the gas godown, at Bargarh Police Station, Bargarh P.S. Case No 50 of 1992 was registered and investigation was under- taken. Final report submitted by the officer-jn-charge was to the effect 'that facts disclosed commission of o...
Ramakanta Das Vs. State of Orissa
Court: Orissa
Decided on: Aug-12-1994
Reported in: 1994(II)OLR387
A. Pasayat, J.1. In this application for exercise of power Under Section 482 Code of Criminal Procedure, 1973 (in short, the 'Code') prayer is for a direction that sentences awarded in two different cases, i.e., S. T. 5/23 of 1988 and S. T. No. 2/121 of 1938-87 are to run concurrently,2. Undisputed facts situation is as follows :In the first case referred to above petitioner was found guilty and sentenced to undergo rigorous imprisonment for nine years by the learned Additional Sessions Judge, Balasore for having committed an offence punishable Under Section 397 of the Indian Penal Cade. 1860 (in short, 'IPC'). The matter came before this Court in Criminal Appeal No. 28 of 1990. Though the appeal was dismissed, sentence was modified by reducing it from nine years to seven years. In the second case, petitioner was found guilty of having committed an offence punishable Under Section 395, IPC, and was awarded a sentence of seven years by the learned Sessions Judge, Balasore. The matter wa...
Superintending Engineer (investigation Circle), National Water Develop ...
Court: Orissa
Decided on: Aug-12-1994
Reported in: 1994(II)OLR480
A. Pasayat, J.1. In this appeal Under Section 39 of the Arbitration Act 1940 (in short, the 'Act') challenge is to the judgment dated 23-7-1993 passed by learned Subordinate Judge. Bhubaneswar making an award made by the Arbitrator, rule of the Court.2. The controversy has the following background:A dispute was raised relating to fixation of rent in respect of a house taken by National Water Development Agency (in short. oNWDA') on rent from Arun Kumar Pattanaik (hereinafter referred to as the 'landlord') Misc. Case No. 17 of 1991 was filed by the landlord Under Section 8(2) of the Act for appointment of an Arbitrator and accordingly, on 30 3-1992 an Arbitrator was appointed. On 19-12-1992 award was passed by the Arbitrator and intimation was given to the parties. On receipt of the same. Original Suit No. 323 of 1993 was registered in the Court of Subordinate Judge, Bhubaneswar. The same was admitted on 19-1-1993. Notice in the suit was issued to both parties by the Court, fixing 10-5-...
Managing Committee of Mahardapalsa Panchayat High School, Represented ...
Court: Orissa
Decided on: Aug-11-1994
Reported in: 1994(II)OLR465
ORDER1. Heard Shri B. Mohanty-(1) for petitioners, the learned Addl. Government Advocate for opp. party Nos. 1 to 4, Shri N. K. Nayak for opp. party No. 5 and Shri M.R. Panda for opp. party No. 6.2. The managing committee of Mahardapalsa Panchayat High School and its Secretary have filed this writ application assailing the order of the Director, Secondary Education dated 30-8-1S93 (Annexure-4) granting permission in favour of opp. parties 5 and 6 for establishment of High Schools within the Mahardapalsa Grampanchayat of Joshipur Block in the district of Mayurbhanj.3. Though several grounds of challenge have been stated in the writ application. Shri Mohanty has concentrated on the submission that opp. party No. 5-school had not submitted any application in the prescribed form seeking permission and had not fulfilled the requirements of Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules. 1991 (for short, 'the Rules'). His further contention is that...
Md. Muzaffar HussaIn Khan and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-11-1994
Reported in: 78(1994)CLT1065; 1995(I)OLR242
A. Pasayat, J.1. This is an application questioning correctness of order dated 9-10-1990 passed by the learned Additional Sessions Judge, Balangir, holding that the petition dated 6-9-1989 filed by petitioner No. 1 styled as one under Section 319, Code of Criminal Procedure, 1973 (in short, the 'Code') to frame charge against some persons, whose name did not appear in chage-sheet was without merit. The said persons are arrayed as opp. party Nos. 2 to 11 in this application. In the application it was stated that in addition to three persons who had been arraigned as accused, role of some others clearly established them to be equally responsible as would be evident from statements of many who were examined by the police during investigation. The learned Additional Sessions Judge rejected the motion holding that the stage for exercising powers under Section 319 of the Code had not come. He, however, observed that if during trial circumstances come to fore to warrant proceeding against oth...
Rahas Bihari Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-08-1994
Reported in: AIR1995Ori23; 78(1994)CLT716
G.B. Patnaik, J.1. The decision of the Managing Director exercising the power of the Committee of Society by virtue of the deeming provision under Sub-section (2) of Section 32 of the Orissa Co-operative Societies Act (hereinafter referred to as the 'Act') for inclusion of 46 new members of (he Society is under challenge in this writ application, inter alia, on the ground that this being a policy decision could not have been taken by the Managing Director and also on the ground that it is a mala fide exercise of power.2. The petitioners have averred in the writ application that the Orissa Co-operative Housing Corporation Limited (opposite party No. 4) is the apex Society within the ambit of Section 2(a) of the Act. The Committee of the said Society has been superseded since October, 1990, and the Registrar of Cooperative Societies in exercise of his power under Sub-section (1) of Section 32 of the Act has been appointing different persons to manage the affairs of the Society. One Shri ...
Krushna Chandra Barik Vs. State of Orissa
Court: Orissa
Decided on: Aug-08-1994
Reported in: 1994(II)OLR563
A. Pasayat, J.1. Can an order of conviction not followed by a sentence, passed by a Magistrate be assailed in appeal is the single but important question raised in this application.2. A detailed reference to the factual position is unnecessary as the controversy revolves round the aforesaid question which is one of law. Facts necessary for disposal of the matter in a nutshell are that the learned Judicial Magistrate. First Class, Jagatsinghpur found the petitioner guilty of an offence punishable Under Section 326 of the Indian Penal Code, 1860 (in short, 'IPC'), and convicted him thereunder. He was, however, acquitted of the offence punishable Under Section 324 read with Section 34, IPC. His co-accused was acquitted in respect of offences punishable Under Sections 326, 324 read with Section 34, IPC. Unfortunately no finding regarding the sentence was recorded, and it has only been stated that the petitioner was not entitled to get benefit under the Probation of Offenders Act, 1958. An ...
National Co-operative Consumer's Federation of India Ltd. Vs. Union of ...
Court: Orissa
Decided on: Aug-05-1994
Reported in: 1996ACJ491
1. Being felt aggrieved by the order D/-7-8-1990 of the Railway Claims Tribunal, Bhubaneswar dismissing the suit as barred by limitation, the plaintiff has filed this appeal under Section 23(1) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act').2. The appellant filed Money Suit No. 407 of 1986 in the Court of the Subordinate Judge, Cuttack claiming compensation amounting to Rs. 47,052.00 with pen-dente lite and future interest against the respondent. The said suit came to be transferred under Section 24(1) of the Act to the Railway Claims Tribunal, Bhubaneswar which after hearing has dismissed the same as barred by limitation, as indicated above.3. The case of the appellant is that it entrusted 240 bags (each bag weighing 100 kgs.) of gram dal to the respondent for transport from Bhiwani railway station to Cuttack which were booked under invoice No. 60 RR No. 186239 dated 7-7-1983 under the Railway risk. The consignment reached. Cuttack on 25-7-1982. On tha...
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