Orissa Court September 1996 Judgments
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Krushna Prasad Misra and ors. Vs. Panchanan Misra and ors.
Court: Orissa
Decided on: Sep-30-1996
Reported in: AIR1997Ori120; 1997(I)OLR285
Dipak Misra, J. 1. Defendants 3 to 6 are the appellants challenging the judgment and decree passed in T.S. No. 59 of 1980 by the learned Subordinate Judge, Jajpur wherein he has preliminarily decreed the suit for partition in respect of A. 4.93.3 links of land. 2. To appreciate the real controversy, it is essential to indicate the admitted genealogy showing the relationship between the parties: ____________________________________________________________ | Dhani ______________________________________________________________ | | Jagannath Upendra (extinct) (died in 1976) |_____________________________________________________________| | | | | | | Panchanan Bamdev Dasarathi Suma Uma Fula (Plaintiff) (D-1) (D-2) (D-7) (D-8) (D-9) _____________________________________________ | | | | Krushna Niranjan Bishnu Prahallad (D-3) (D-4) (D-5) (D-6)As per the plaintiff, Dhani the common ancestor was the owner in possession in respect of Ac. 9.47, 1 kadi 12 Biswas of land. As Jagannath's branch beca...
Manas Ranjan Dash and ors. Vs. Council of Higher Secondary Education a ...
Court: Orissa
Decided on: Sep-30-1996
Reported in: 1996(II)OLR592
A. Pasayat, J.1. An examinee goes to an examination hall with lots of expectations, aspirations, hopes and apprehensions. Assessment of knowledge of an examine being the primary object of an examination, apprehensions exist whether preparation is adequate. Examination is essentially the process of testing the knowledge or ability of pupils. Expectations, aspirations and hopes are linked with the result, which would chart out future of the examinee. That is how. an examination has a vital role in the life of a student. Unemployment problems in the country are going up alarmingly. Every student is under constant doubt whether after completion of studentship, he would be left guessing in the cross-roads of uncertainty, which course to adopt, seek a job or pursue higher studies. With demand for seats higher than available seats, stiff competition is faced to get a seat. In the above background, any deficiency in evaluation of answer scripts of an examinee has serious consequences. Recently...
Amarjit Singh and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-30-1996
Reported in: 1997CriLJ1988
C.R. Pal, J.1. The appellants assail the order of conviction and sentence passed in G. R. Case No. 315 of 1993 by the Sessions Judge, Kalahandi-Muspada, Bhawanipatna convicting the appellant under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') and sentencing each of them to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/- each and in default to undergo rigorous imprisonment for a further period of one year.2. The case against the appellants is that on 12-8-1993 at about 5.00 A.M. while the S. I. of Police, Junagarh Police Station (P.W.9) along with other staff were patrolling near village Jaring, he found the appellants proceedings towards Bhawanipatna on a Hero Honda Motor cycle bearing registration No. MCR 9532. He signalled the appellants to stop, but ignoring the signals they sped-away. So the S. I. with other police staff chased them on a jeep and managed to stop them near Sagada close to Dhaba. Ther...
Ram Chandra Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Sep-29-1996
Reported in: 1997(I)OLR130
Dipak Misra, J.1. The appellant has been convicted under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ('the Act') for being in possession four packets of heroin in violation of the provisions of the Act and has been sentenced to undergo R. I. for ten years and to pay a fine of rupees one lakh, in? default to undergo further. R. I. for two years.2. The prosecution case, in brief, Is that on 30th July, 1930 the Sub-Inspector of Police, Town Police Station, Puri (PW 6) having received secret information about the illegal sale of heroin near the southern gate of temple of Lord Jagannath, proceeded in a jeep along with his staff and after a short chase, brought the accused under control. The appellant, as alleged made efforts to put the four packets in his mouth but he failed in his attempt and the police personnel seized four packets. Finding the seized articles to be heroin, the same was weighed and a seizure-list was prepared in presence...
Kirtan Bhoi Vs. State of Orissa
Court: Orissa
Decided on: Sep-27-1996
Reported in: 1997(1)ALT(Cri)18; 83(1997)CLT322; 1997(I)OLR33
R.K. Dash, J.1. The petitioner stood prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short the Act') for his having kept adulterated turmeric powder, an article of food, for sale for human consumption in his shop. Learned Judicial Magistrate, First Class, Balangir, upon trial, found the petitioner guilty of the offence and consequently convicted and sentenced him to undergo imprisonment for six months and to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for a period of two months. Feeling aggrieved, the petitioner carried appeal to the Sessions Court and the learned Additional Sessions Judge on re-appraisal of 'the evidence concurred with the findings of the trial Court and dismissed the appeal. Hence the revision.2. Several grounds have been taken challenging correctness of the findings recorded by both the Courts below, but in course of argument the learned counsel for the petitioner confined his submission to the only groun...
Bibekananda Das Vs. State
Court: Orissa
Decided on: Sep-27-1996
Reported in: 1996(II)OLR587
R.K. Dash, J.1. The core question for consideration in this petition filed under Section 482, Cr PC is whether this Court has power to review its own judgment. To appreciate the law involved it is necessary to make a brief reference to the facts giving rise to the present case.2. The petitioner a long with others stood convicted for the offence under Rule 21 of the Orissa Timber and Other Forest Produce Transit Rules, 1980 and sentenced to suffer rigorous imprisonment for three months by the Judicial Magistrate. First Class, Karanjia. Being aggrieved, they carried appeal to the learned Sessions Judge, Mayurbhanj, Baripada which ultimately ended in dismissal. Thereafter they approached this Court in Criminal Revision No. 170 of 1992 which came to be heard by S.K. Mohanty, J. who upon hearing the parties and on perusal of the evidence available on record, concurred with the ultimate conclusion and findings recorded by both the Courts below and dismissed the revision. By filing the presen...
Samir Kumar Maithan Vs. State of Orissa
Court: Orissa
Decided on: Sep-27-1996
Reported in: 1997(1)ALT(Cri)5; 1997CriLJ2526
ORDERR.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' is S.C. No. 331 of 1994 of the Court of the Sessions Judge, Koreput, Jeypore, has filed this petition Under section 482, Cr.P.C. invoking the inherent power of the Court to quash the aforesaid proceeding.2. The case of the petitioner in a nutshell is that there was infraction of the provisions of Sections 42 and 50 of the Act inasmuch as the Assistant Sub-Inspector of Police, Govindapali, who allegedly seized 15 KGs. of Ganja from the possession of the petitioner and the co-accused was not authorised under law to seize the same and that before search was made, the petitioner was not asked as to if he was required to be searched before a Gazetted Officer or a Magistrate. The above two provisions being mandatory, non-compliance thereof would vitiate the trial. It is, therefore, urged that when the trial of the case woul...
Siba Bahadur Thapa Vs. State of Orissa
Court: Orissa
Decided on: Sep-27-1996
Reported in: 1997CriLJ3487
C.R. Pal, J.1. The appellant who has been convicted and sentenced Under Section 2(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the'Act') to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/-, in default, to undergo rigorous imprisonment for a further period of one year has preferred this appeal assailing the said order of conviction and sentence passed by the learned Sessions Judge, Kalahandi-Nuapada Bhawanipatna in 2(a) C.C. No. 163 of 1992.2. The case against the appellant is that on 9 6-1992 at about 12.30 p.m. the S.I. of Excise (P.W.3) while patrolling on the platform at Kosinga Rai way Station with his other staff found the appellant in possession of a rax in bag containing two packets of Ganja. He weighed the contraband articles which came to 10 kgs. and seized the same under the seizure list, Ext. 1. in presence of witnesses. The S.I. collected 25 grams of Ganja as samples from each of the two packets of Ganja seized ...
Orissa State Financial Corporation Vs. Shri Sailendra Narayan Patnaik ...
Court: Orissa
Decided on: Sep-26-1996
Reported in: 1997(II)OLR259
Pradipta Ray, J. 1. Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') has filed this appeal under Section 32(9) of the State Financial Corporation Act (hereinafter referred Jo as the 'Act.') against the Judgment and order passed by the learned District Judge, Cuttack dismissing an application filed by the Corporation under Section 31(aa) of the Act.2. The relevant facts as pleaded by the appellant-plaintiff are stated herein below :a) Respondent No. 1 Sailendra Narayan Patnaik, took a total loan of Rs. 1,55,800/- for purchase of a truck. His father Kailash Chandra Patnaik respondent No.2 stood surety and executed necessary deed of guarantee. The vehicle was also hypothecated to the Corporation under deeds of hypothecation. As the borrower defaulted in payment of the debt. Corporation invoked its power under Section 29 of the Act and seized the hypothecated vehicle. After seizure of the vehicle advertisements were published in News Papers for sale of the ...
State of Orissa Vs. Simanchal Gouda and Seven ors.
Court: Orissa
Decided on: Sep-26-1996
Reported in: 1997CriLJ1816; 1996(II)OLR576
A. Pasayat, J.1. Judgment of the learned Second Additional Sessions Judge, Berhampur directing acquittal of eight respondents (hereinafter referred to as 'the accused' by name) is the subject-matter of challenge in this appeal by the State. 2. Accusations which led to trial of the accused essentially are as follows :On 14-3-1982 accused Simanchal Gouda, Bhagaban Gouda, Bhima Gouda, Rama Gouda and Burunda Gouda want to the house of Kantaru Naik (hereinafter referred to as 'the deceased') of village Jalamenipalli and dragged him to village Dherendi. On the way they were assaulting the deceased by slaps, fist blows and kicks. After they reached village Dherendi, accused Gandu, Burunda and Jadu joined them, and assaults continued by all the night. Deceased was tied to a pole by means of a rope, and was asked whether he had received any training in witchcraft from Bhima Gouda (PW 10). When the deceased denied to have received any such training, they tock him to the thrashing floor of accuse...
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