Orissa Court July 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sri Narayan Dash S/O. Ananda Chandra Dash Aged About 30 Years Vs. Stat ...
Court: Orissa
Decided on: Jul-15-1996
Reported in: 1996(II)OLR273
ORDER1. Heard Sri Dash for the petitioner and learned Addl. Govt. Advocate for opp. parties 1 and 2. 2. By office order dated 9-5-1996 (Annexure-4) the Inspector of Schools, Khurda Circle, Khurda has declined to approve the appointment of the petitioner as Fourth peon basing on the circular of the year 1992. The petitioner being felt aggrieved by the said order, has approached this Court for the second time. As stated in the writ application, the petitioner was appointed as Fourth peon in Dhalapathar-Kalapathar Girls' High School. Dhalapathar on 27-4-1888 (Annexure-1). According to him by the time of his appointment the yardstick formulated in the year 1981 was in force which stipulated, inter alia, that if the roll strength of the school exceeded 100 the school would be entitled to a Fourth peon. The petitioner asserts that at that time the roll strength of the school justified his appointment as Fourth peon and accordingly he was appointed on 27-4-1988. The Headmistress of the school...
Padmalochan Alias Padmalava SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Jul-12-1996
Reported in: 1996(II)OLR293
ORDERP.K. Misra, J.1. The petitioner has filed this application for bail under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'). He has been charge-sheeted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act'). It is alleged that 3 Kgs. of opium puppy had been recovered from inside the house of the petitioner.2. It is submitted by the learned counsel for the petitioner that admittedly the house in question was in occupation of other adult male members and female members, apart from the petitioner. It is further submitted that there is no material to indicate prima facie that the articles alleged to have been seized were under the exclusive possession of the petitioner. The learned counsel further submitted that in the seizure list initially it was mentioned that the articles had been seized from the bed room of Sudhakar Swain but subsequently the said name has been corrected and name of Pa...
iswar Sahu and 6 ors. Vs. State of Orissa
Court: Orissa
Decided on: Jul-09-1996
Reported in: 1996(II)OLR295
P.K. Misra, J. 1. The accused persons have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), challenging the legality of order dated 22-4-193S passed by the Additional Sessions Judge, Bolangir, in Sessions Case No. 51/18 of 1995 dispensing with the examination of the Investigating Officer. 2. The facts giving rise to the present application are as follows : The accused persons are facing trial under Section 302/34, Indian Penal Code. After examination of other prosecution witnesses, Chintamani Sahu, who was one of the Investigating Officers in the case was to be examined as a prosecution witness on 2-2-993, but the said Investigating Officer after having received the summons to appear before the Court, sought for an adjournment. On 16-2-1996, a petition was filed on behalf of the accused persons stating that the Investigating Officer should be examined as a witness enabting the accused persons to cross-examine him. On the v...
State of Orissa Vs. Michel Joseph and 24 ors.
Court: Orissa
Decided on: Jul-08-1996
Reported in: 1996(II)OLR195
D.M. Patnaik, J.1. This revision at the instance of the State is against the order dated 6-4-1995 passed by the Judicial Magistrate, First Class, R. Udayagiri, refusing the prayer of the Assistant Public Prosecutor on a petition filed under Section 321, CrPC for withdrawal from the prosecution against the accused persons in G. R. Case No. 42 of 1995 of the said Court.2. Shortly speaking prosecution case is, the Adivasi community had organised a camp to cure all types of diseases with the healing touch of accused persons headed by Dr. K. Ahmed Paul. The venue fixed was village Badapada under Seranga Police Station in the district of Gajapati and the date in between 28-3-19S5 and 31-3-1995. Wide publicity was given to attract thousands people to benefit from the miracle. The organisers sought for permission to hold the camp from the Collector which was refused and to prevent any law and order situation there was a prohibitory order under Section 144(2),CrPC. In spite of this, on the appo...
Hotel Nilachal Ashok Vs. Executive Engineer, Orissa State Electricity ...
Court: Orissa
Decided on: Jul-05-1996
Reported in: AIR1997Ori14; 82(1996)CLT273
R.K. Dash, J. M/s. Utkal Ashok Hotel Corporation (for short, 'the Corporation') is a company duly incorporated under the Indian Companies Act in which Indian Tourism Development Corporation and the Orissa Tourism Development Corporation are the major share holders. The Corporation has a unit in the same and style of M/s. Hotel Nilachal Ashok (for short, 'the Hotel') in the town of Puri. For supply of electric energy to the Hotel, the Corporation entered into an agreement with the Orissa State Electricity Board (for short, 'the Board'). On or about July/August, 1992 the Corporation noticed a defect in the meter installed in the Hotel and to get it repaired/replaced officials of the Board were approached several times. Ultimately, the Sub-Divisional Officer, Puri Sub-Division No. 1, inspected the meter and assured for immediate replacement thereof. But no sincere effort was made by the Board despite several communications made in that regard under Annexure-3 series. When this was the sta...
Gura Alias Guri Dalei Vs. the State
Court: Orissa
Decided on: Jul-05-1996
Reported in: 1997CriLJ905
P.K. Misra, J.1. The appellant has been convicted under Section 302, IPC, and sentenced to imprisonment for life by the Additional Sessions Judge, Jaipur, in S.T. No. 48/3 of 1991.2. The appellant faced trial along with fourteen other accused persons who have been acquitted. The appellant was charged under Section 302, IPC, for having committed the murder of one Kasinath Naik. The acquitted accused persons Ananta Dalei, ArjunaDaloi, Basanta Jena, Sarat Jena, Suryamani Daloi, Bharat Daloi, Suria Daloi, Kapila Daloi and Sasadhar alias Ratha Palar stood charged under Sections 148, 307 and 302/149, IPC, for having committed the murder of Kasinath Naik and Madhusudan Naik and for having attempted to commit the murder of Bake Daloi. They were also charged under Section 324/24, IPC, for voluntarily causing hurt to Lambodar and Babuli. The present appellant along with acquitted accused Rama Bohoera, Nanda Dalei, Purna Dalei and Sasadhar alias Ratha Palar were also charged under Section 120B, I...
Pahali Behera Vs. State
Court: Orissa
Decided on: Jul-04-1996
Reported in: 1996(II)OLR249
ORDERA. Pasayat, J.1. The only question involved in this application is whether the provisions of Section 369(3) of the Code of Criminal Procedure, 1973 (in short, 'the Code') apply to an application for leave to appeal to the apex Court for grant of leave to prefer appeal. 2. Detailed reference to the factual aspects is unnecessary in view of the fact that the question is a pure question of law. Petitioner was convicted for commission of offence punishable under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (in short, 'the Excise Act'), and sentenced to undergo six months' rigorous imprisonment and fine of Rs. 500/-, in default to undergo rigorous imprisonment for one moth more by the learned Assistant Sessions Judge, Cuttack. The conviction and sentence were maintained by the learned First Additional Sessions Judge, Cuttack. Criminal Revision No. 408 of 1994 decided on 22-12-1995 did not bring any relief to the petitioner.3. In this application it has been stated that the p...
Amar Prasad Satpathy Vs. Sitakanta Mohapatra and ors.
Court: Orissa
Decided on: Jul-01-1996
Reported in: 84(1997)CLT114
ORDERR.K. Patra, J.1. This application arises out of Election Petition No. 6 of 1995 which is pending disposal. Respondent No. 1 in the said election petition is the returned candidate who has filed this application praying to try issue Nos. 1, 2 and 3 as preliminary issues and dismiss the election petition on adjudication of those three issues.2. General Election to Orissa State Legislative Assembly was held in March, 1995. The election petitioner and respondents 1 to 9 (parties hereinafter will be referred to as per their description in the election petition) contested the said election from 27, Barchana Assembly Constituency. The election petitioner polled 60,470 valid votes in his favour whereas respondent No. 1 polled 61,076 valid votes in his favour. The latter having polled the highest number of valid votes (61,076) in his favour, he was declared elected.Being felt aggrieved at the success of respondent No. 1 in the election, the election petition has been filed praying:(i) for ...
Aska Co-operative Sugar Industries Employees' Union Vs. State of Oriss ...
Court: Orissa
Decided on: Jul-01-1996
Reported in: (1997)ILLJ792Ori; 1996(II)OLR655
S. Chatterji, A.C.J.1. The present writ petition has been filed by Aska Co-operative Sugar Industries Employees' Union represented by its General Secretary Shri Raghunath Misra seeking the following reliefs:(i) issue a writ of certiorari quashing the order of the Chief Minister/State Government allowing M/s. Surya Sugar Ltd., to set up a Sugar Factory in the Ganjam District within the area of operation of ASCOSUGAR;(ii) issue a writ of mandamus directing the opposite parties not to allow any sugar industry to be set up in the Ganjam District within the area of operation of Aska Sugar and prevent them from interfering with the area of operation of the ASCOSUGAR in any manner whatsoever;(iii) and pass such other order/orders as may be deemed fit and proper.2. The writ petition was presented on January 24, 1995. On February 24, 1995 an interim order was obtained that no final decision in the matter shall be taken until further orders. The interim order was allowed to continue till disposa...
- ‹ Prev
- 1
- 2
- Next ›