Orissa Court February 1996 Judgments
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The Management of the Divisional Forest Officer (Kl), Sambalpur Kendu ...
Court: Orissa
Decided on: Feb-29-1996
Reported in: 1996(I)OLR470
A. Pasayat, J. 1. Order of the Labour Court, Sambalpur (in short, the 'Labour Court') is under challenge in this writ application by Divisional Forest Officer (K.L.) Sambalpur Kendu Leaf Division', Sambalpur. A reference was made under Section 10 of the Industrial Disputes Act, 1947 (in short, the 'Act') to the Labour Court to adjudicate the following dispute.'Whether the refusal of employment to Sri Biswamitra Ghuta. Munshi during the Kendu leaf season, 1988 by the Divisional Forest Officer, Kendu Leaf Division, Sambalpur is legal and/or justified If not, to what relief Sri Ghuta is entitled ?' On consideration of materials on record, the Labour Court was of the view that refusal of employment to Biswamitra Ghuta (hereinafter referred to as the 'workman') during Kendu leaf season, 1988 by the petitioner was illegal and unjustified. Further direction was given to the effect that the workman was entitled to reinstatement as 'Munshi' beginning from 1988 and was entitled to get consequent...
Pravakar Pati Vs. Ajaya Kumar Das and anr.
Court: Orissa
Decided on: Feb-28-1996
Reported in: 1996(1)ALT(Cri)23; 1996CriLJ2626
ORDERR.K. Dash, J.1. This revision at the instance of the informant is. against the judgment of the learned Additional Sessions Judge, Rourkela, passed in Criminal Appeal No. 9 of 1993 whereby he set aside the order of conviction and sentence recorded against the accused, opposite party No. 1 herein, under Section 366, IPC.2. The prosecution case unfurled during trial is that Kumudamanjari Pati, PW 2 aged about 16 years was a student in Ispat College, Rourkela. On 19-5-91 at about 9.30 a.m. she left home informing her mother that she was going to her friend's house to attend a birth day feast. But when she did not return till late night, her father, the informant, lodged a missing report at Sector-7 Police Station and searched for her here and there. At last coming to know that the accused had kidnapped her with intent to compel her to marry him, he lodged F.I.R. Ext. 1 to the police. On receipt of the said report, Investigating Officer, PW 7 registered a case and proceeded with the in...
Santosh Singh Vs. State of Orissa
Court: Orissa
Decided on: Feb-28-1996
Reported in: 81(1996)CLT562; 1996CriLJ2651
R.K. Dash, J.1. The petitioner by filing this application under Section 482, Cr.P.C., has sought to quash the proceeding in 3(a) C.C. No. 68 of 1985 pending in the Court of the Additional Chief Judicial Magistrate, Rourkela.2. Petitioner is the proprietor of Santosh Hotel situated at Biara Road, Rourkela town. On 18-10-84 at about 10 AM the Food Inspector attached to Mobile Analytical Laboratory, Bhubaneswar, inspected the business premises of the said hotel and suspecting 'Ladu' and 'cowmilk' kept for sale for human consumption to be adulterated, served statutory notice and purchased 1399 gms. Ladu and 360 mls. of cowmilk, divided each of the items into 3 equal parts, kept same in dry, clean and empty glass bottles, properly packed, fastened and sealed and sent one of the sample bottles from each item to the Public Analyst for examination and on receipt of the Analyst's report that Ladu and cowmilk were adulterated, launched prosecution against the petitioner and another under Section...
Umakanta Patel Vs. State of Orissa
Court: Orissa
Decided on: Feb-28-1996
Reported in: 1996CriLJ2686
ORDERB.K. Dash, J.1. The petitioner, accused of an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') for his allegedly being in possession of Ganja weighing 650 grams, has approached this Court under Section 439, Cr. P. C. for his release, his application having been rejected by the Special Judge, Bhawani-patna.2. Mr. D. K. Misra, learned counsel for the petitioner perfervidly advanced his argument that there being partial and not full compliance of Section 50 of the Act, the petitioner as of right is entitled to be released on bail. In support of his submission he relied upon certain decisions of this Court, viz., Rabi Sahoo v. State, (1994) 7 Ori CR 460; Fakir Sundari v. State of Orissa, (1995) 8 Ori CR 320; and Narahari Das v. State, (1995) 9 Ori CR 121.3. It has been authoritatively held by the Hon'ble Supreme Court in State of Punjab v. Balbir Singh, (1994) 6 Ori CR (SC) 283: AIR 1994 SC108 (sic) that Section ...
Santosh Kumar Bhanja and anr. Vs. Sri Dukhisyam Pattanaik
Court: Orissa
Decided on: Feb-28-1996
Reported in: 1996CriLJ3129
ORDERR.K. Dash, J.1. The petitioners, employees of the Forest Department by filing this case under Section 482 Cr. P. C. have sought to quash the cognizance of the offence taken by the learned S.D.J.M., Athagarh under Section 353/34 I. P. C. in 1. C.C. No. 15 of 1994 filed by the Conservator of Forest, Angul, opposite party herein.2. For resolution of the controversy and to appreciate the contentions raised at the Bar. it is necessary to have a glimpse on the facts adumbrated in the complaint. On the night of 15-7-1993 while the complainant-opposite party was performing patrol duty in the Athagarh Forest Division area, found three trucks loaded with round timbers and firewood proceeding towards Cuttack. He signaled to stop those vehicles, but they did not so. He made a chase and apprehended them near the gate. To check those vehicles, he sought the assistance of the petitioners who were on duty at the gate, but they did not pay any head. Ultimately he checked the vehicles alone in cour...
Md. Sharif Vs. State of Orissa
Court: Orissa
Decided on: Feb-28-1996
Reported in: 1996CriLJ2826
ORDERR.K. Dash, J.1. The petitioner (hereinaftcr referred to as 'the accused') assails the judgment of the learned Additional Sessions Judge. Rourkela. passed in Criminal Appeal No. 94/3 of 1989/90 whereby heconfirmed the conviction recorded against him by the learned Assistant Sessions Judge. Rourkela.2. The prosecution case brought out during trial was that the accused had an intrigue with Sabina Khatun (P. W. 10) as a consequence the latter became pregnant. On 15-7-88 he without the knowledge of her parents brought Sabina to a nursing home at Rourkela and disclosing his identity to the doctor, P.W. 1 as her husband, got her pregnancy terminated. The parents of Sabina Khatun on coming to know of this came to the nursing home and ascertained the truth on a report being lodged at the police station, a case was registered and after usual investigation, charge-sheet was laid against the accused to face trial under Sections 366 and 312, I.P.C.3. The accused refused the indictment.4. The p...
Kshitish Chandra Mishra Vs. Sara Sahu
Court: Orissa
Decided on: Feb-24-1996
Reported in: 82(1996)CLT44; 1996CriLJ2235; II(1996)DMC476
P.K. Misra, J.1. This revision arises out of an order under Section 125 of the Code of Criminal Procedure granting maintenance of Rs. 250/- per month each to present opposite parties 1 and 2.2. Smt. Sara Sahu, the present opposite party No.l (hereinafter referred to as 'opposite party No.l') claiming to be the wife of Kshitish Chandra Mishra, the present petitioner (hereinafter referred to as the 'petitioner') filed Criminal Misc. Case No. 337 of 1989 in the Court of the Sub-Divisional Judicial Magistrate, Keonjhar, claiming maintenances for herself. Briefly stated, her case was as follows.The petitioner was working as a Pharmacist in Government Primary Health Centre at Pandapada. The petitioner married opposite party No.l in the temple at Gonasika by exchange of garlands on 10.11.1986 and both of them lived in the official residence of the petitioner thereafter. Subsequently, while opposite party No. 1 was pregnant, the petitioner left opposite party No. 1 and married another lady nam...
Akhi Alias Akhil Behera Vs. State of Orissa
Court: Orissa
Decided on: Feb-24-1996
Reported in: 82(1996)CLT592; 1996CriLJ2352
ORDERP.K. Misra, J.1. Petitioner No. 1 challenges the order of conviction under Section 341, Indian Penal Code, and sentence of one month's simple Imprisonment, whereas petitioner No. 2 challenges the order of conviction under Section 326, IPC, and sentence of Rigorous Imprisonment for two years and fine of R 50/- in default, to undergo Rigorous Imprisonment for five days, passed by the Assistant Sessions Judge-cum-C.J.M. Balasora, in S.T. Case No. 5/22 of 1989 which has been confirmed by the Additional Sessions Judge, Balasore, in Criminal Appeal No. 15/ 119 of 1993/89.2. The petitioners faced trial in the Court of the Assistant Sessions Judge-cum-C.J.M., Balasora, under Sections 341/294/307/34, IPC, on the allegation that they had wrongfully restrained Kartik Behera (P.W. 2), hurled abusive words against him in a public place and attempted to commit murder. The prosecution case, in short, is that on 6-11 -1988 in the morning, informant (P.W. 1), victim (P.W. 2) and six to seven other...
Abhiram Mukhi Vs. State of Orissa
Court: Orissa
Decided on: Feb-24-1996
Reported in: 82(1996)CLT576; 1996CriLJ2341
ORDERP.K. Misra, J.1. The petitioner faced trial along with three others under Sections 325/307 read with Section 34, I.P.C. in S.T. No. 6/69 of 1989 is the Court of the Asst. Sessions Judge, Udala. The trial Court while acquitting the three co-accused persons, convicted the petitioner under Section 307, I.P.C. and sentenced him to undergo R.I. for five years and to pay a fine of Rs. 500/- in default to undergo R.I. for six months. In appeal, while maintaining the order of conviction the appellate Court has reduced the sentence to R.I. for three years and fine of Rs. 500/- in default to undergo R.I. for six months. The aforesaid order of conviction and sentence is under challenge in this revision.2. The prosecution case, in brief, is that on 26-1 - 89 at about 6.30 p.m. all the accused persons came in a body and abused the informant (P.W. 1) in filthy language and when P.W. 4 tried to pacify them, the petitioner brought a knife and stabbed P.W. 4 on his abdomen. It is further alleged t...
Hrushikesh Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-23-1996
Reported in: 81(1996)CLT443; [1997]89CompCas613(Orissa); 1996CriLJ3622; 1996(83)ELT504(Ori)
Dipak Misra, J. 1. Being aggrieved by order dated March 5, 1993, passed by the learned Additional Chief Judicial Magistrate (Special), Cuttack, in Criminal Misc. Case No. 130 of 1983 refusing to recall the non-bailable warrant of arrest and distress warrant and further fixing the liability to pay fine for the company, namely, Utkal Equipment and Chemicals Limited, on the ex-managing director, the petitioner has preferred this criminal revision impugning the same.2. The facts in a nutshell may be stated as follows :The petitioner along with two others stood charged under sections 9(1)(b) and 9(1)(bb) of the Central Excises and Salt Act in 2(c) CC No. 541 of 1976 in the court of the Additional Chief Judicial Magistrate (Special), Cuttack. The petitioner was arrayed in the said case as managing director of the company. The company was described as accused No. 1, and accused No. 3 was the accounts officer. The learned Chief Judicial Magistrate came to hold that the accused persons were gui...
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