Orissa Court September 1996 Judgments
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Kanduri Sahoo Vs. State of Orissa
Court: Orissa
Decided on: Sep-19-1996
Reported in: 1997(1)ALT(Cri)9; 83(1997)CLT126; 1996(II)OLR469
Dipak Misra, J. 1. The appellant stands convicted under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') and sentenced to undergo R. I. for five years and to pay a fine of Rs. 6, 000/- in default of such payment, to undergo further rigorous imprisonment for six months.2. Briefly stated the prosecution case is that at about 7 a. m. on 13-5-1994, the Excise Sub-Inspector, Mobile Squad No. 1, Cuttack, (PW 1) while patrolling with his A. S. I. and constables at Gandhipalli area in Cuttack City noticed the accused coming with a full gunny-bag Being suspicious he retained the accused and searched. him in presence of panch witness (PW 2) He found that the gunny bag contained cannabis (Ganja) which weighed 12 Kgs. He took. sample of 50 grams which was sent for chemical examination. The chemical examination indicated that it was cannabis (Ganja}. After completion of the investigation, the appellant was sent for trial to face charges which was end...
Raghu Sahu Alias Raghu Nath Sahoo Vs. State
Court: Orissa
Decided on: Sep-19-1996
Reported in: 1997(1)ALT(Cri)21; 83(1997)CLT373; 1996(II)OLR607
Dipak Misra, J.1. The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for being in unlawful possession of 2 Kgs. of opium without any authority in contravention of the-provision of Section 8 of the Act, He has been sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,00,000/- in default, further rigorous imprisonment for 2 years more.2. Briefly stated the prosecution case is that on 21-12-1992 Kishore Chandra Panda, Inspector of Excise, EIB, Berhampur (PW 2) during his visit to Aska was intimated by Laxmidhar Das, ASI of Excise, EIB, Aska (PW I) regarding transportation of opium by the appellant. The said Inspector alongwith the ASI and other staff proceeded and near Jhagadei-cave spotted the accused waiting beside the road to avail bus holding a jerry beg in his hand. PW 2 disclosed his identify and searched the jerry bag held by the appellant in presence...
Subash Suna Vs. the State
Court: Orissa
Decided on: Sep-19-1996
Reported in: 1997CriLJ1324
Dipak Misra, J.1. In this appease appellant calls' in question the legality of the judgment of conviction and order of sentence passed by the learned Sessions Judge, Koraput in Sessions Case No. 12 of 1991, convicting him for an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') and sentencing to undergo R.I. for two years and to pay a fine of Rs. 1,000/ - and in default for such payment, to undergo R.I. for a further period of two months.2. The prosecution case is as follows :--On 12-12-1990 the Executive Magistrate, Koraput along with the Sub-Inspector of Excise had been to village Pattel for conducting excise raid. At about 2. p.m. they detected that the accused-appellant was in possession of full gunny bag. Suspecting that the gunny bag containing some illegal articles they searched the gunny bag and recovered 21 Kgs. 250 Gms. of 'Ganja' from the said bag. As the appellant has no authority to possess the same ...
Union of India (Uoi) and ors. Vs. Steel Authority of India Limited
Court: Orissa
Decided on: Sep-17-1996
Reported in: AIR1997Ori77
P.C. Naik, J.1. This is an appeal under Section 23(1) of the Railway Claims Tribunal Act, 1987 filed by the Union of India and others against the judgment dated 18-1-1993 passed by the Railway Claims Tribunal, Bhubaneswar, in T. A. No. 289 of 1990.2. Plaintiff-respondent had filed Money Suit No. 115 of 1989 in the Court of the Subordinate Judge, Rourkela against the Union of India and others for refund of Rs. 1,32,87,749/-, which, according to the plaintiff, had been illegally realised from it by the Railway Administration.3. The facts giving rise to this appeal are that the plaintiff require imported coal for the Rourkela Steel Plant. The coal was unloaded at Visakhapatnam Port wherefrom it was required to be transported to Rourkela Steel Plant Exchange Yard at Bondamunda where the wagons are placed for the purpose of unloading.4. It is the plaintiff's case that the shortestavailable route from Visakhapatnam 'to Rourkela is via Viajaynagaram-Tjtlagarh-Sambalpur-Jharsuguda-Rourkela cov...
Dukhishyam Parida Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-17-1996
Reported in: AIR1997Ori199
P.K. Misra, J.1. In this writ applicalion the petitioner has prayed for quashing Memo No. 2241. dt. l4-3-l996 under Annexure-10 issued by opposite party No. 4 whereunder the petitioner was directed to stop cutting of bamboos from plot No. 80 under holding No. 116 of Mouza Manpur with further direction to the Range Officer not to issue Timber Transit Permit and Cutting Order till final decision of the High Court in OJC No. 910 of 1996. The petitioner has further sought for a direction to opposite party No. 4 to issue Timber Transit Permit in respect of bamboos purchased by the petitioner in auction as highest bidder in Tousi Misc. Case Nos. 76/84 and 118/84.2. Since the writ application relates to auction of bamboo in two separate Touzi Misc. cases, it is convenient to recount the facts separately.In Touzi Misc. Case No. 76/84. auction was held in respect of 1250 bamboos standing on Plot No. 80 in Holding No. 1.16 on 28-6-1984 and the petitioner became highest bidder and deposited a sum...
Subas Chandra Palo Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-17-1996
Reported in: 1996(II)OLR566
R.K. Patra, J. 1. The short question that arises for consideration in this writ application is whether the District Magistrate is empowered to convict and punish a person as per the provision contained in Section 7 of the Orissa Cinema (Regulation) Act, 1954.2. The petitioner was granted licence to exhibit films on video at Baliguda which was valid up to 20-6-1994. Before expiry of the licence he applied on 27-6-1994 for renewal of the said licence The licensing authority, i. e., the District Magistrate Phulbani-opp. party No. 2 in his letter dated 1-7-1984 declined to renew the licence The petitioner chellenged the said decision by filing a writ application in this Court vide OJC No. 4674 of 1994. This Court disposed of the said writ application giving liberty to the petitioner to avail the statutory remedy of appeal. While the matter stood thus notice dated 2-8-1994 (Annexure 1) was issued calling upon the petitioner to show cause as to why the video licence would not be cancelled fo...
Paramananda Mohanty Vs. Hadibandhu Mohanty and ors.
Court: Orissa
Decided on: Sep-17-1996
Reported in: 1996(II)OLR473
P.K. Misra, J. 1. The member of the first party in a proceeding under Section . 145 of the Criminal Procedure, 1973 (hereinafter referred to as the 'Code') is the petitioner in this revision.2. The case has had a chequered career. A proceeding under Section . 144 of the Code was initiated in the year 1985 which was subsequently converted to one under Section . 145 of the Code. The dispute relates to Sabik Plot No. 415 of Khata No. 73 and Sabik Plot Nos. 417/1222 and 417/1223 of Khata No. 6 in mauza Raghunathpur. The Executive Magistrate by his order dated 4-12-1988 while keeping the disputed lands under attachment had directed the first party to approach the Civil Court to establish his title. The petitioner filed Criminal Revision No. 9/89 in the Court of the Sessions Judge which was allowed on 17-3-1990 and the matter was remanded to the Executive Magistrate for disposal on merit. On 2-7-1991 while rejecting the prayer of the first party for adjournment, the Executive Magistrate pass...
Nityananda Nayak and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-17-1996
Reported in: 1997CriLJ2527
P.K. Misra, J.1. The three appellants have been convicted Under section 302/34 of the Indian Penal Code for having committed murder of Prafulla Rout.2. Briefly stated, the prosecution case is as follows:Informant, P.W. 1 and his brother, Prafulla Rout, the deceased, had gone to Jatni on 22-4-91 from their village which is about six Kilometres away from Jatni. On their return, they were told by their father, P.W. 6 that Nityananda (Appellant No. 1) has thrown stone at their house and P.W. 6 being hit by a stone had sustained a bleeding injury. The informant and the deceased specified their father and lefi for Jatni by moped at about 9.30 P.M. for the purpose of lodging a report. While they were passing through a mango tope, locally known as Gossintota situated at the outskirts of the village somebody shouted 'SALAKU HANA'. The deceased stopped the moped, P.W. 1 focussed the torchlight, and could identify the three appellants of whom appellant Nityananda was holding a Sword, Akhaya was h...
Ananda Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-13-1996
Reported in: 83(1997)CLT258; 1996(II)OLR511
P.K. Misra, J.1. What is there in a 'Name' 'Rose' by any Other name would smell as sweet, was the poetic expression of will I am Shakespeare centuries ago. The importance of a name is the subject-matter of this writ application,2. The petitioner has filed this writ application challenging the recording of the name of the village/Grama as 'THURUBURAI' instead of 'THURUBURAI' So far as description in English is concerned, there is no difference as it is spelt as 'THURUBURAI', but the spelling and pronunciation in Oriya has assumed importance in view of the question of reservation of seats for election to the Panchayat Samiti. As per provisions of Section 16 of the Orissa Panchayat Samit Act (hereinafter called the 'Act'), the Samiti is to be divided into Constituencies. Section 16 (2-A) of the Act prescribes about the manner of division of Constituencies. Section 16 (2-A) (d) reads as. follows:' (2-A) The manner in which the Samiti area shall be divided into constituencies for the purpos...
Prahallad Sahu Vs. Anadi Charan Sahu
Court: Orissa
Decided on: Sep-12-1996
Reported in: AIR1997Ori201
P.K. Mohanty, J. 1. This appeal is directed against the order of the learned District Judge, Cuttack in a petition under Section 8 of the Guardian and Wards Act. 1890. 2. A petition under Section 8 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') was filed by the respondent Anadi Charan Sahoo, the natural father of minor son Ajoya Kumar Sahoo for being appointed as a guardian of the said minor. The prayer was also made for a declaration that the natural father may be declared as the father guardian of Sri Ajoya Kumar Sahoo and the petitioner may be allowed to withdraw the fixed deposit, if necessary for the benefit of minor and the United Commercial Bank, Madhuban Hat Branch may be directed to correct the entries in their record by incorporating Sri Ajoya Kumar Sahoo. son of Anadi Charan Sahoo of Village Kalan. P. S. Dharmasala. Dist. Cuttack. A further prayer hud been made that the said United Commercial Bank be directed not to allow Sri Prahallad Sahoo to e...
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