Orissa Court August 1996 Judgments
Ramesh Dalai Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-29-1996
Reported in: 82(1996)CLT641; 1997CriLJ2589
S.N. Phukan, C.J.1. This habeas corpus petition has been filed by Ramesh Dalai (hereinafter referred to as 'the detenu') against the order of detention passed by the District Magistrate, Cuttack on 19-9-1995 in exercise of power conferred under Sub-section (2) of Section 3 of the National Secutiry Act, 1980 (in short, 'the Act'). The detention order is Annexure-1, and the grounds of detention dated 19th September, 1995, which was served on the reference on the same day is annexed to Annexure-1. The main ground for detention is as-follows:On 9-9-1995 at about 9.30 p.m. you appeared at the busy Jagatpur Square on National Highway No. 5 and forcibly detained a Trakker (Regd. No. 01-05-7169) which used to carry passengers between Cuttack and Choudwar. You restrained the driver from taking passengers from the Jagatpur Square and forcibly dragged the passengers who were sitting inside the Trakker. You forcibly brought a lady passenger to the Trakker and abused her. You also outraged her mode...
Tag this Judgment!Sanjay Kumar Mohapatra and anr. Vs. Unilever Venture Capital and Inves ...
Court: Orissa
Decided on: Aug-28-1996
Reported in: 1997CriLJ2375; 1997(I)OLR35
A. Pasayat, J.1. This petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') presents some unusual features. A Court of Law is not to be utilised as an instrument of harassment to any person. Court has to deal with iron hands those abuse process, of Saw. It would be a travesty to permit a party to 'persecute' instead of 'prosecuting'.2. The opposite parties (also described as 'complainants') filed ICC No. 179 of 199 3 in the Court of learned Subdivisional Judicial Magistrate, Bhubaneswar (in short, 'the Magistrate) alleging that the petitioners have committed an offence punishable under Section 500 of the Indian Penal Code, 1860 (in short, IPC). On perusal of the complaint petition, the initial statement of the complainant and the statement of witness ftabindra Kumar Jena, recorded under Section 202 of the Code, learned Magistrate was satisfied that a prima facie case 'under Section 500, IPC against the accused-petitioners was made cut. Accordin...
Tag this Judgment!Budura Digal and ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-28-1996
Reported in: 1997CriLJ996
P.K. Mohanty, J.1. The appellants, who have been convicted under Section 307 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 100/-, are before this Court and assail the order of conviction passed by the learned Sessions Judge, Phulbani.2. The prosecution case, in brief, is that on 5-6-85 at 7.00 A.m., when Latki Mallik was proceeding towards termeric field for plantation, along with Chana Digal P.W. 1, Bama Digal P.W. 5 ,and two others namely Sanisi and Nisa, who have not been examined, near 'Damajodi Nala', all the four accused persons armed with Logedi lathi suddenly came near Latki Mallik and assaulted with the said lathis on different parts of the body of Latki, as a result of which, he (P.W. 3) sustained bleeding injuries and fell down on the ground. The accused persons, while returning back after assault, set fire to the dry leaves in the termeric field of the injured P.W. 3. First Information Report wa...
Tag this Judgment!Mirja Alias Basanta Kumar Sahu and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-27-1996
Reported in: 1996(II)OLR558
A. Pasayat, J.1. Petitioners, facing trial as accused in G R. Case No. 1923 of 1994 pending in the Court of learned Subdivisional Judicial Magistrate, Sadar Cuttack, have moved this Court by an application under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') to quash the order of the learned SDJM, Sadar, Cuttack (in short, 'the Magistrate) taking cognizance of offence punishable under Section 398 read with Sections 114 and 34 of the Indian Penal Code, 1860 (in short, MPC).2. The Accusations which led to the initiation of proceeding essentially are as follows :One Anuja Kumar Nayak (hereinafter referred to as 'the Informant') lodged a written report on 21-11-1993 at Bidanasi Police Station alleging that on the previous night when all his family members were asleep, his elder brother woke up hearing some sound, opened the door and found a person collecting utensils from the kitchen room. On hearing his cry all the family members woke up and apprehended the per...
Tag this Judgment!Ashis Kanungo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-26-1996
Reported in: 1996(II)OLR348
R.K. Patra, J. 1. Who can be regarded as an 'eminent Educationist' for the purpose of being nominated as the President of the Governing Body of an aided college is the sole question that arises for consideration in this writ petition.2. The petitioners are the residents of Kakatpur and were members of the out-going Governing Body of the Mangala Mahavidyalaya, Kakatpur. They assail the validity of the nomination of Manmatha Kumar Swain (opp. party No. 3) made by the State Government in their letter dated 29-12-1995 (Annexure-1) to be the President of Mangala Mahavidyalaya, Kakatpur and the consequent reconstitution of the Governing Body made by the Director, Higher Education, Orissa, Bhubaneswar in his office order No. 9056 dated 23-2-1996 (Annexure-2). 3. The case of the petitioners is that opp. party No. 3 is not an 'eminent Educationist' and, as such/ he is not eligible to be nominated as the President of the Governing Body of the college. According to them, opp. party No. 3 has abso...
Tag this Judgment!State of Orissa and ors. Vs. Bairagi Charan Lenka
Court: Orissa
Decided on: Aug-26-1996
Reported in: 1996(II)OLR377
R.K. Patra, J. 1. Is the 'condensed in-service training' mentioned in the proviso to Sub-rule (2) of Rule 16 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 equivalent to 'correspondence-cum-contact course' referred to in Regulation 6 (b) of Chapter XD of the Board's Regulations This is the precise question that falls for consideration in this review application filed by the State of Orissa and its officials against the judgment dated 27-4-1992 of this Court in OJC No. 900 of 1992 in which it was held that the opp. party Bairagi Charan Lenka shall be treated to have acquired the training envisaged under the aforesaid sub-rule(2) of Rule 16 in view of his training in correspondence-cum-contact course.2. A resume of facts leading to the filing of this review application is necessary to be noted The opp. party filed the aforesaid OJC No. 900 of 1992 under Articles 226 and 227 of the Constitu...
Tag this Judgment!Satyananda Sahoo Vs. Ratikanta Panda
Court: Orissa
Decided on: Aug-23-1996
Reported in: AIR1997Ori67; 82(1996)CLT653
ORDERDipak Misra, J.1. Being aggrieved by the order dated 12-7-95 passed by the learned Civil Judge (Senior Division) First Court, Cuttack in Title Suit No. 220 of 1995 whereby the said trial Judge accepted the suit as maintainable and declined to deal with the point of maintainability as envisaged under Order 7, Rule 11 of the Code of Civil Procedure, the petitioner has approached this Court in the present revision.2. The opposite party as plaintiff instituted the suit in the court of the Civil Judge (Senior Division) First Court, Cuttack with a number of prayers which are as follows :--'(a) For a declaration that all the goldornaments found in the locker No. 113 on4-9-91 when the same was broken openbelong to plaintiff. (b) For a direction to defendant No. 1 to deliver the gold ornaments to the plaintiff on payment of locker hire charges from January, 1985 till date of delivery of the ornaments to the plaintiff. (c) Permanently restraining defendant No. 4 from claiming the said gold ...
Tag this Judgment!Smt. Satyabhama Nayak Vs. Narendra Kumar Nayak
Court: Orissa
Decided on: Aug-23-1996
Reported in: AIR1997Ori47
Pasayat, J.1. Marriages are made in heaven, it is said. But, looking at the large number of litigations coming to Courts seeking judicial separation, divorce, grant of maintenance what comes to mind is Shakespeare's words in Merchant of Venice : 'The ancient saying is no her say, Hanging and wiving go by destiny.' The immortal writer had written : 'A young man married is a man that's marred' (in 'Alls Well That Ends Well').2. Appellant Smt. Satyabhama Nayak (hereinafter referred to as the 'wife') and respondent Narendra Kumar Nayak (hereinafter referred to as the 'husband') entered into marital ties on 6-6-1982. They were blessed with a child. Husband filed T.S. No. 92 of 1990 in the Court of Sub-Judge, Rourkela (now Civil Judge, Sr. Divn.) seeking a decree of divorce under Section 13 of Hindu Marriage Act, 1955 (in short, the 'Act') on the ground of desertion. Subsequently, the suit was transferred to the Court of learned Judge, Family Court, Cuttack on the basis of order passed in M ...
Tag this Judgment!Ranjit Ray and anr. Vs. Pukharaj Jain
Court: Orissa
Decided on: Aug-23-1996
Reported in: 82(1996)CLT528; [2000]99CompCas229(Orissa); 1996(II)OLR412
Dipak Misra, J.1. Invoking the inherent jurisdiction of this court under Section 482 of the Criminal Procedure Code, 1973, the petitioners call in question the propriety of the order taking cognizance in I. C. C. No. 91 of 1994 under Section 138 of the Negotiable Instruments Act, 1881, by the learned S. D. J. M., Bhubaneswar ; and also pray for quashing of the proceeding in its entirety.2. The essential facts giving rise to the present petition are enumerated hereunder :The opposite party instituted a complaint case alleging that the petitioner-company, namely, Animal Feeds Dairies and Chemicals Ltd., and its managing director were carrying on business transactions with the opposite party-firm and were purchasing various types of raw materials for preparation of cattle and poultry feeds and there was good understanding and the business transaction was high. The petitioners were given credit by the opposite party-firm. In the process, Rs. 5,21,142.23 remained outstanding against the pet...
Tag this Judgment!Mohanlal Krishna Kumar Vs. Cuttack Municipality
Court: Orissa
Decided on: Aug-23-1996
Reported in: 1996(II)OLR458
R.K. Dash, J. 1. The petitioner (hereinafter referred to as 'the accused') assails the order of conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'Act') and sentence of one year rigorous imprisonment and fine of Rs. 2.000/-. in default to undergo rigorous imprisonment for a further period of six months recorded by the learned Judicial Magistrate. First Class, Cuttack, and confirmed by the appellate Court. 2. Shortly put, the prosecution case is that on 20-3-1986 at about 4 p.m. the Food Inspector, Cuttack Municipality (PW 1) inspected the business premises of the accused situated at Malgodown, Cuttack, and having suspected 'Arhar dal' an article of food kept for sale for human consumption, to be adulterated, made a statutory purchase of 600 grams, divided the same into three equal parts, kept each part in clean, dry and empty glass bottles properly packed and sealed the same and sent one of the sample bottles to the Public Analyst for exam...
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