Orissa Court February 1996 Judgments
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Hadibandhu Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-09-1996
Reported in: AIR1996Ori188
Pasayat, J.1. Petitioner assails correctness of order of the opp. party No. 1 in issuing permit in favour of the opp. party No. 4.2. The case of the parties in a nutshell is as follows:--Petitioner operates a rice mill in village Mathakaragola in the district of Dhenkanal and has been issued a license under Section 6 of the Rice Milling Industry (Regulation) Act, 1958 (in short, the 'Act'). His grievance is that without following the procedures prescribed in law, attempt is being made by opp. party No. 4 to operate a mill. In the counter-affidavit filed by opp. party No. 4, it is stated that permission has been granted to him to establish a mill under Section 5 of the Act. It is his case that there is no intention to carry on milling activities without requisite licence under Section 6 of the Act,3. Sections 5 and 6 operate in different areas. The former provision deals with grant of permit to any person or authority for establishment of a new rice mill, or any owner of a defunct rice ...
State of Orissa, Represented by Land Aquisition Officer, Rengali and B ...
Court: Orissa
Decided on: Feb-09-1996
Reported in: 1996(I)OLR261
P.K. Misra, J. 1. The Land Acquisition Officer has filed this appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act') against the award dated 15-11-1986 passed by the Subordinate Judge, Deogarh, in a reference under Section 18 of the Act.2. The main dispute relates to the multiplier to be adopted in determining the market value of the land acquired under the Act for which declaration was published under the Act dated 9-7-1984 (published in the Orissa Gazette dated 12-7-1984) for Bengali Dam Project. The Land Acquisition Officer applying 16 years' multiplier assessed the compensation. On reference under Section 18 of the Act, the Subordinate Judge applied 20 years' multiplier and enhanced the compensation. The Subordinate Judge has granted additional amount under Section 23(1A) of the Act at the rate of 12 per cent from the date of notification till the date of award by the Collector. He has further granted solatium at the rate of 30 per cent in accord...
Smt. Suka Dei Vs. Bishnu Pal and ors.
Court: Orissa
Decided on: Feb-07-1996
Reported in: 1996(I)OLR416
A. Pasayat, J. 1. Revisional order passed by the Commissioner of Consolidation, Orissa in a proceeding under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, 'the Act') is underchallenge. Three revision applications were taken up together, and disposed of by the impugned order (Annexure-4 to the writ application).2. Factual position as borne out from records is as follows : One Bishnu Pal filed three objection cases under Section 9 (3) of the Act claiming that he had equal share in the disputed properties along with Suka Dei, Dhirendra Pal, Madhabi Dei, Maheswar Dutta and Basu Das. According to Bishnu, his share was 50% while that of others was 50%. Genealogy as stated by Bishnu (opp. party No. 1 in the present writ application) was to the following effect: One Ekadasi had three sons, namely, Raghu, Rama and Dama. Raghu's wife was Hira. They had three daughters, namely, Jeme Jhuna and Puni. Puni and her husband Banchhanidhi...
Shyamsundar Alias Rathia Rana Vs. State
Court: Orissa
Decided on: Feb-07-1996
Reported in: 1996(I)OLR287
P.C. Maik, J. 1. His conviction under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act and sentence of rigorous imprisonment for a period of two years and six months passed by the Special Court, Mayurbhanj, Baripada, has been assailed by the appellant in this Jail Criminal Appeal.2. On 14-4-1993, on receiving reliable information that the accused had concealed narcotic substances in his residence, PW 6 the inspector of Police, Baripada Town police station along with the Executive Magistrate (PW 1) and Sub-inspectors of Police (PWs 2 and 5) proceeded to the house of the accused and on the way the independent witnesses (PWs 3 and 4) were asked to accompany them for the purpose of seizure. During the course of the search, two polythene packets containing 90 grams and 440 grams of ganja kept in a tin box, which was concealed under a wooden cot, were recovered. Samples were drawn therefrom and thereafter the contraband articles and the samples ware duly seized and sealed ...
Juganta Kumari Khora Vs. State of Orissa, Represented Through Secretar ...
Court: Orissa
Decided on: Feb-06-1996
Reported in: 1996(I)OLR474
A. Pasayat, J. 1. ln this habeas corpus application under Article 226 of the Constitution of India, 1950 (in short, 'the Constitution') Juganta Kumari Khora calls in question legality of detention of her brother Raju Khora alias Raj Kumar Khora (hereinafter referred to as 'the detenu'), who has been interned in the District Jail, Koraput on the basis of an order of detention passed by the District Magistrate, Koraput under Sub-section (2) of Section 3 of the National Security Act, 1980 (in short, 'the Act').2. Main grounds of attack as revealed from the petition and as submitted during the course of hearing of the application are twofold, namely : (i) alleged denial of opportunity for making effective representation to the Government; and (ii) allegations made even if accepted to be correct do not relate to any public order situation to warrant detention of the detenu.3. A brief reference to the factual aspects would suffice.The District Magistrate, Koraput passed the order of detentio...
Purna Chandra Mohanta Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-06-1996
Reported in: 1996(I)OLR309
A. Pasayat, J. 1. Doubting correctness of view expressed by several Division Benches of this Court that by operation of Rule 9 of the Orissa education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (in short, 'the Rules') teachers serving in aided educational institutions, who held Green Cards, were entitled to benefit of two increments as is available to their counterparts serving in Government schools, this reference has been made to a larger Bench.2. A brief reference to the factual position would suffice. With a view to check high growth of population, several family welfare programmes have been introduced by the Central and various State Governments. State of Orissa being of the view that a rapid reduction of such growth is the single most critical factor determining success of developmental effort directed to securing economic progress decided that where either of the parents in the age group of 15 to 48 year...
Daun Alias Biswajit Pattnaik, Vs. State of Orissa
Court: Orissa
Decided on: Feb-06-1996
Reported in: 1996CriLJ2107; 1996(I)OLR324
R.K. Dash, J. 1. These three appeals arise out of the judgment passed by the learned Additional Sessions Judge, Balangir, in Sessions Case No. 60/30 of 1992 whereby he convicted the appellants (hereinafter referred to as the accused persons')under Sections 395 and 457, IPC and Section 9(b) of the Indian Explosive Act and sentenced each of them to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/-, in default to undergo rigorous imprisonment for a further period of 10 days for the offence under Section 395, IPC and two years' rigorous imprisonment and a fine of Rs. 50/-, in default to undergo rigorous imprisonment for a period of 5 days for the offence under Section 457. IPC and rigorous imprisonment for one year under Section 9(b) of the Indian Explosive Act, and all the sentences have been ordered to run concurrently. Therefore, they were heard analogously and are dispasad of by this common judgment.2. Briefly stated, the prosacution case is that on 3/4-11-19...
Sangram Keshari Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-05-1996
Reported in: 82(1996)CLT508; 1996CriLJ2170; 1996(I)OLR245
R.K. Patra, J. 1. The petitioner is the accused in S. T. No. 32 of 1995 under Sections 498A, 304B and 306, IPC and Section 4 of the Dowry Prohibition Act on the file of the Assistant Sessions Judge, Balasore. He made a prayer before the learned trial Judge to discharge him under Section 227 of the Code of Criminal Procedure (in short 'the Code'). The said prayer having been refused by the impugned order dated 13-1-1995 ha has filed this application under Section 401 read with Section 482 of the Code.2. Facts:The petitioner had married Bijayalaxmi (hereinafter referred to as 'the deceased') on 28-8-1985. The deceased sustained burn injuries on 28-4-1892 at Jaleswar and succumbed to those injuries on 8-5-1992 at S C. B. Medical College and Hospital, Cuttack. Following the death, the opp. party No. 2 being the father of the deceased filed FIR on 20-5-1992 at Jaleswar Police Station alleging dowry death. The allegations made in the FIR are as follows :The petitioner who was working as arc ...
Ganeswar Rout Vs. Utkal University Represented by Its Vice-chancellor, ...
Court: Orissa
Decided on: Feb-02-1996
Reported in: AIR1996Ori145; 82(1996)CLT54
P.C. Naik, J.1. The petitioner's prayer in this petition under Articles 226 and 227 of the Constitution of India is for issuance of an appropriate writ, direction or order quashing the amendments incorporated in the constitution of the University Student's Union and in particular Rule 14 thereof, for quashing the notice dated 29-11-1994 (Annexure-1) relating to election of office bearers of the University Student's Union and Athletic Club for the session 1994-94 and for a declaration that opposite party No. 3 has no power or authority to exercise over the Student's Union which can only be exercised by the General Body of the said Union.2. After graduating in Arts with Honours in Anthropology, the petitioner obtained his Master's Degree in Arts in Anthropology from the Utkal University. As a student of the Post-Graduate Department of Anthropology, the petitioner had contested the election for the office of the General Secretary of the University Students Union and was duly elected. The ...
Subash Chandra Basti Vs. State of Orissa
Court: Orissa
Decided on: Feb-02-1996
Reported in: 1996(I)OLR501
P.C. Naik, J. 1. The appellant was charged for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') for being in possession of five packets of heroin weighing 2.500 ml. On being convicted and sentenced, he has filed this appeal.2. On 1-7-1991, PW 3 the Sub-Inspector of Excise received information regarding peddling of narcotic substances and while on patrol duty at Narasinghballava Patna on Puri-Konark Road, he detained the accused on suspicion that he was peddling narcotic substances. At that time PW 1 an A. S. I. of Excise Department was also on patrol duty along with PW 3. Both of them gave personal search to the witnesses and thereafter asked the accused that if he so desired, he could be searched in the presence of a Gazetted Officer. The accused declined. Thereafter, he searched the accused and in the process five small packets (pudras) of powdery substance were recovered. On weighment it was found tha...
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