Orissa Court July 1995 Judgments
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Ferro Alloys Corporation Ltd. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jul-14-1995
Reported in: 1995(II)OLR246
ORDER1. Having heard Dr. Pal with Mr. S. Mohapatra for the petitioner and Mr. B.P. Ray with Mr. P. Mohanty for the opp. party authorities, it appears that these cases have chequered background indeed. By our comprehensive judgment delivered on 19th May, 95 OJC Nos. 4756 and 4757 of 1993 were disposed of. It transpires that during the last summer vacation Misc. Case Nos. 3313 and 3314 of 1995 Were filed. The learned Vacation Judge by order dated 30th May, 1995 directed that in the event the petitioner deposits a sum of Rs. 2 crores within two weeks from that date, no coercive steps would be taken till the re-opening of the Court. The matter again appeared on 9-6-1995 before the learned Vacation Judge and it was directed to be put up on 19th of June, 1995. Since review applications were filed, on 19-6-1995 the matters were taken up by this Bench. We heard the learned advocate for the petitioner in part in support of the review applications and as prayed for by him the same were adjourned...
Rashida Khanum and anr. Vs. S.K. Salim
Court: Orissa
Decided on: Jul-13-1995
Reported in: I(1996)DMC328
A. Pasayat, J.1.The question raised in this appeal is whether learned Judge, Family Court should have dealt with the proceeding as if it is one under Section 125 of the Code of Criminal Procedure, 1973 (in short, the 'Code)'.2. Provisions contained in Sections 125 to 128 of the Code would have no application, and proceeding at the instance of a divorced wife would not be maintainable, except in cases covered by Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short the 'Act'). Section 3(1)(a) of the Act envisages making of reasonable and fair provision and payment of maintenance to the divorced wife commensurable with the period of Iddat. A contrary view would defeat the purpose for which the legislation is made. Provisions contained in Section 4 cast liability on the relatives or the Wakf Board, as the case maybe, for payment of maintenance to the divorced woman, if she is not re-married or is unable to maintain herself after the Iddat period. It fortifies...
Smt. Lata Dei Alias Pramila and Two ors. Vs. Bishnu Charan Panda
Court: Orissa
Decided on: Jul-13-1995
Reported in: 1996(1)ALT(Cri)6; 1996CriLJ156; 1995(II)OLR569
A. Pasayat, J. 1. Judgment of learned Judge, Family Court, Cuttack rejecting the prayer made by appellant Lata Dei on her own behalf and on behalf of her two children, namely, Puspa Manjari Panda alias Alok, and Samir Kumar Panda, for maintenance in terms of Section 125 of the Coda of Criminal Procedure 1973 (in short, the 'Code') is the subject-matter of challenge. 2. The appellants (described as applicants hereinafter for convenience) lodged an application claiming maintenance from Bishnu Charan Panda (hereinafter referred to as the 'opposite party') on the ground that applicant Lata was the legally married wife of Bishnu, and two children were born out of their wedlock. 3. Background facts as described in the claim application are essentially as follows :Lata was married to Bishnu according to Hindu rites and customs in the year 1975, and they led Happy conjugal life for some time and out of their wedlock two children Puspa Manjari Panda and Samir Kumar Panda were born. After some y...
Rashida Khanum and anr. Vs. Sk. Salim
Court: Orissa
Decided on: Jul-13-1995
Reported in: 1995(II)OLR682
A. Pasayat, J.1. The question raised in this appeal is whether learned Judge, Family Court should have dealt with the proceeding as if it is one under Section 125 of the Code of Criminal Procedure, 1973 (in short, the 'Code)'.2. Provisions contained in Sections 125 to 128 of the Code would have no application, and proceeding at the instance of a divorced wife would not be maintainable, except in cases covered by Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 in short, the 'Act'). Section 3(1)(a) of the Act envisages making of reasonable and fair provision and payment of maintenance to the divorced wife commensurable with the period of Iddat. A contrary view would defeat the purpose for which the legislation is made. Provisions contained in Section 4 cast Mobility on the relatives or the Wakf Board, as the case may be, for payment of maintenance to the divorced woman, if she is not re-married or is unable to maintain herself after the Iddat period. It fortifie...
Madan Mohan Raj Vs. State of Orissa
Court: Orissa
Decided on: Jul-13-1995
Reported in: 1996(1)ALT(Cri)14; 81(1996)CLT314; 1996CriLJ2578
A. Pasayat, J.1. Undisputedly there has been homicidal death of two persons and serious injuries on the throat of another. Prosecution alleges that Mohan Raj @ Madan Mohan Raj (hereinafter referred to as 'accused') is the author of these crimes and therefore, has to be dealt with under Section 302 of Indian Penal Code, 1860 (in short, 'IPC') and Sections 307 and 309 thereof. Learned 1st Addl. Sessions Judge, Puri has accepted that to be the case. Accused assault his order of conviction and sentence of imprisonment for life as awarded for offence punishable under Sections 302/307, I.P.C. and one year for offence punishable under Section 309, I.P.C.2. Prosecution version as unfolded during trial essentially is as follows:Dasarathi Barik (P.W. 1) of village Goanda under Odagaon Police Station in the district of Puri is the brother of one Biswanath Barik (P.W. 8) who had married Marka Dei (hereinafter referred to as 'deceased Ranka') the eldest daughter of Dandu Pradhan (P.W. 2) of the sam...
J.K. Corp. Ltd. and anr. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jul-12-1995
Reported in: 1995(II)OLR187
S. Chatterji, J. 1. The present writ petition is at the instance of J. K. Corporation Ltd., a company established under the Companies Act, with one of its share-holders praying, inter alia, for-(i) declaring that the opposite parties are bound by their commitment with regard to rate of royalty and the quantum of hardwood for calculating the measurement of a Metric ton for a period of twenty years as contained in the order dated 16-5-1986 of the State Government (Annexure-3); (ii) quashing the impugned order of opp. party No. 1 communicated to the petitioners under memo No. 20412 dated 2-9-1993 (Annexure-10) and memo No. 20706 dated 7-9-1993 (Annexure-11)enhancing the rate of royalty and altering the size and weighment of stack of hardwood for the purpose of calculation of royalty with effect from 1-4-1988; (iii) directing the opposite parties to fulfil their promises, commitments and declaration contained in the order dated 16-5-1986 of the Government of Orissa in the Forest, Fisheries...
Kali Nayak Alias Mukhi Vs. State of Orissa
Court: Orissa
Decided on: Jul-12-1995
Reported in: 1996CriLJ344; 1995(II)OLR476
A. Pasayat, J. 1. These two appeals arise out of a common Judgment passed by the learned Second Additional Sessions Judge, Bhubaneswar. The three appellants in these two appeals (hereinafter referred to as 'accused' by their respective names) faced trial for allegedly having committed an offence under Section 302/34 of the Indian Penal Code. 1860 (in short 'IPC'), by intentionally causing death of Surendra Nayak (hereinafter referred to as 'deceased') in furtherance of their common intention,2. Sans unnecessary details, the prosecution case as unfolded during trial is as follows :The deceased was serving as a Sweeper in the S. C. B. Medical College, Cuttack and was residing at Kedarpali of Bhubaneswar in the house of his mother-in-law. Labanya Bewa (PW 7), along with his wife Rama Dei (PW 1). He used to come daily from Bhubaneswar to attend his work at Cuttack. On 4-5-1989, he left his house to catch the morning train for coming to Cuttack. He had to carry some clothes of his wife (PW ...
Mahabir Harro Vs. State of Orissa
Court: Orissa
Decided on: Jul-11-1995
Reported in: 1996CriLJ158; 1995(II)OLR328
A. Pasayat, J.1. Accusation of commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') having been accepted, and conviction made by the learned Additional Sessions Judge, Rourkela. Mahabir Harro (hereinafter referred to as the 'accused') has preferred this appeal. Challenge in this appeal is to the conviction made and sentence of imprisonment for life as awarded.2. Background facts as projected by the prosecution lies within a very narrow compass.On 11-4-1989 in the night, the accused came and threw abuses at one Rambalad Jha standing in front of the latter's house. At that time said Rambalad was not present in his house. His wife Urmila Jha (PW 1) came out of the house, and asked the accused as to why he was shouting and abusing in the absence of Rambalad. While exchange of words between the accused and Urmila was going on, parents of Urmila and some other people of the locality arrived there. They drove the accused away from that place. Whi...
Rangadhar Barik Vs. State
Court: Orissa
Decided on: Jul-11-1995
Reported in: 1996CriLJ5; 1995(II)OLR257
A. Pasayat, J. 1. Rangadhar Barik (hereinafter referred to as the 'accused') having been found guilty for offence punishable under Section 302 of Indian, Penal Code, 1860 (in short, 'IPC') by learned Sessions Judge, Keonjhar in ST Case No. 5 of 1990 and sentenced to imprisonment for life has preferred this appeal for interference.2. Filtering out unnecessary details, prosecution case is as follows :On 19-9-1989 Bira Barik (PW 1) went to the house of Gunthu Palai (hereinafter referred to as the 'deceased') of village Murusuan. After death of Bira's father, his mother was staying with the deceased. He learnt from his mother that deceased had gone to another village and would not return in the night. He stayed in the house of deceased and early next morning one Ganga Barik came and told him that the deceased was lying dead on road near the newly constructed house of Dirju Barik. On being asked as to how he died Ganga Barik replied that accused had killed him by means of a Budia (a sharp c...
Ahmed Alli Khan Vs. Sanjeeda Begam
Court: Orissa
Decided on: Jul-11-1995
Reported in: 1995(II)OLR564
A. Pasayat, J. 1. Appellant questions jurisdiction of the Family Court set up under the Family Courts Act, 1984 (hereinafter called 'the Act') to deal with an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, the 'Divorce Act'). Undisputed position is that the respondent had file an application under Section 3 of the Divorce Act claiming maintenance from appellant for dower due, reasonable provisions for maintenance as part of dower due return of gifts and other connected reliefs. In that view of the matter, we need not go into the factual aspects in detail. Foundation of appellant's challenge to legality of the proceeding before the Family Court is that Divorce Act being a special statute providing jurisdiction to a Judicial Magistrate of First Class to deal with an application under Section 4 of the said Act. Family Courts Act does not operate and the Court set up under that Act has no jurisdiction to entertain the application.2. S...
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