Orissa Court January 1997 Judgments
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Anadi Charan Parida Vs. the State
Court: Orissa
Decided on: Jan-22-1997
Reported in: 83(1997)CLT238; 1997CriLJ2202
P.K. Misra, J.1. The appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, in default, to undergo further rigorous imprisonment for two years.2. Prosecution case, in brief, is as follows. P.W.3, the Inspector of Police, C.I.D. Crime Branch, Cuitack, on receipt of reliable information that the accused, a peon of S.C.S. morning College, Puri, was involved in clandestine business in Narcotic drugs, conducted surprise raid in the house of the accused at Banki Muhan, Puri, on 6-10-94 at 6.30 A. M. in presence of outsider witnesses, P.Ws. 1 and 2 after observing all the formalities. In course of search two swords, one gupti and one match box containing three pieces of burnt jari and two pieces of half burnt cigrattes were recovered from inside the bed room and twenty packets of brown sugar were recovered from th...
Baneswar Biswal Vs. State Election Commissioner and ors.
Court: Orissa
Decided on: Jan-21-1997
Reported in: 83(1997)CLT494; 1997(I)OLR310
A. Pasayat, J.1. Petitioner calls in question legality of acceptance of nomination paper of opp. party No. 4 for election to the office of Sarpanch of Ruguda Grama Panchayat under the Orissa Grama Panchayats Act, 1964 (in short, 'the Act'). According to the petitioner, opp. patty No. 4 was not eligible to contest as he had more than two children by the appointed date.2. The learned Additional Government Advocate raised a preliminary objection as regards maintainability of the application on the ground that an election dispute can be raised.3. Mr. R. Mohapatra, learned counsel for , petitioner has referred to Clause (v) of Sub-section (1) of Section 25 of the Act which reads as follows, after, the amendment of the provisions by Orissa Act 6 of 1994:'25. Disqualification for membership of Grama Panchayat _ (1) A person shall be disqualified for being elected or nominated as a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he- xx xx xx(v) has more than ...
indra Dandasena Vs. State of Orissa
Court: Orissa
Decided on: Jan-20-1997
Reported in: 1997(I)OLR398
P.K. Misra, J.1. The petitioner has been convicted under section 47 (a) and (f) of the Bihar and Orissa Excise Act (in short, the'Act'). The trial Court had imposed sentence of R.I. for two years and fine of Rs. 2,000/-, in default, S. I. for six months. The appellate Court while confirming the order of conviction has reduced the sentence to R. I. for six months and fine of Rs. 500/-, in default, S. I. for onemonth. By Order No. 10, dated 16-2-1995, this Court issued notice of enhancement of sentence. 2. As per the prosecution case, on 20-12-1991 at about 1 00 p. m. the Sub-Inspector of Excise, Surada Charge, while was patrolling at Badaponasahi received information that the accused was preparing I. D. liquor and as such he want and searched the place of the accused in presence of witnesses and recovered one earthen 'mathia' (pot) containing 20 littres of I.D. liquor and 65 earthen posts each containing 20 Kgs. of formented mohua mixed with Gur 'pocha'. After undertaking litmus paper a...
Dr. Balakrishna Satapathy Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-17-1997
Reported in: 1997(I)OLR372
R.K. Patra, J.1. In this petitions under Article 226 of the Constitution the petitioner seeks for a direction to opp. parties and 2 to accord approval to his appointment as Principal in N. A. C. College, Burla with effect from 4-8-1979. He also assails the validity of the order dated 27-3-1992 (Arinexure-1) issued by the Director, Higher Education, Orissa permitting opp. party No. 5 to remain in charge of the Principal-cum-Secretary of the college till alternate arrangements are made.2. Briefly narrated, the petitioner's case is that he passed M. A. (oriya) in First Class from the Utkal University in 1964. He has also obtained Ph. D. degree in Oriya from the Sambalpur University in 1976. On 26-8-1964 he was appointed as a lecturer in Oriya in Nayagarh College which is an aided educational institution. After serving for some time he came to be appointed, as a lecturer in Rajasthan College, Cuttack, on 19-8-19o6. Subsequently, on being selected by Orissa Public Service Commission, he joi...
Malini Kishore Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-16-1997
Reported in: AIR1997Ori188
R.K. Patra, J.1. The validity of fixing minimum educational qualification with 40% of marks in total in High School Certificate or any other equivalent examination for admission to certified teachers. (C.T.) Course imparted in the Government Secondary Training Schools of the State during the year 1995-96 is the subject matter of challenge in these two petitions filed under Article 226 of the Constitution by the N. F. B. Facilitators. Both the petitions being analogous, they were heard together and are disposed of by this judgment.2. The petitioners' common case is that Government in the Department of School and Mass Education letter No. 30170./SmE dated 26-9-1994 (Annexure-3 in O. J. C. No. 3790 of 1995) instructed the Director, T.E. and Section C.E.R.T., Orissa to extend [raining facility of the certified teachers (C. T.) Course in the Government Secondary Training Schools to N. F. B. Facilitators/ Supervisors on the basis of length of their engagement but the Director contrary to the...
Nalini Kishore Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-16-1997
Reported in: 84(1997)CLT165; 1997(I)OLR368
R.K. Patra, J.1. The Validity of fixing minimum educational qualification with 40% of marks in total in High School Certificate or any other equivalent examination for admission to Certified Teachers (C.T.) Course imparted in the Government Secondary Training Schools of the State during the year 1995-96 is the subject-matter of challenge in these two petitions filed under Article 226 of the Constitution by the N. F. E. Facilitators. Both the petitions being analogous they Were heard together and are disposed of by this judgment.2. The petitioners' common case is that Government in the Department of School and Mass Education Letter No. 30170/SME,dated 26-9-1994(Annexure-3 in OJC No.37 0 of 1995) instructed the Director, T. E. and S. C. E. R. T. Orissa to extend training facility of the Certified Teachers (C. T.) Course in the Government Secondary Training Schools to N. F. E. Facilitators/Supervisors on the basis of length of their engagement but the Director contrary to the aforesaid in...
C. David Vs. Gobind Chandra Mishra and anr.
Court: Orissa
Decided on: Jan-14-1997
Reported in: 1998ACJ22; (1997)IILLJ844Ori; 1997(I)OLR353
R.K. Patra, J.1. A learned single Judge while hearing this appeal did not find himself in agreement with the opinion expressed by another learned single Judge of this Court in Regional Insurance Co . Ltd. v. Narendra Samal: 1993 ACJ 1095. That is how, on being referred, this matter has come before us for hearing.2. The appellant C.David is a driver. On May 18, 1992 at about 5-40 a.m. when he in his capacity as driver was driving the car bearing registration number ORX 1612 belonging to the respondent No.l, it collided with a truck No. AP/T -2349 coming from opposite direction near the Rajaloka crossing under Jhara Pokharia P.S. in the district of Mayurbhanj on N.H. No. 5. As a result of the accident, the car was badly damaged and the appellant was seriously injured with fracture of right elbow and multiple injuries all over his body. He was removed to Baripada hospital for treatment. Later, he got himself treated in S.C. B. Medical College and Hospital, Cuttack and also in a private cl...
Ratnakar Bargai and ors. Vs. Hakdam Bargai
Court: Orissa
Decided on: Jan-14-1997
Reported in: 1997(II)OLR554
R.K. Dash, J.1. The petitioners, second party members in a proceeding under Section 145, Cr.P.C. have assailed the legality and correctness of the order passed by the learned Magistrate and affirmed by the revisional Court.2. On the application being moved by the first party opp. party herein, initially a proceeding under Section 144, Cr.P.C. was initiated. Later on, it was converted to one under Section 145, Cr.P.C. and parties were given opportunity to file written statement. It would appear from the impugned order that the opp. party filed his written statement, but the petitioners did not. On 26.2.1994 the petitioners sought for adjournment to file written statement, but when the case was called none appeared for them for which prayer was refused and the case was adjourned to a future date for orders. On the adjourned date, as it appears, the learned Magistrate upon perusal of the written statement and the document of the opp. party, passed the impugned order declaring possession o...
Tikeswar Sahoo Vs. Ambika Sahuani and ors.
Court: Orissa
Decided on: Jan-10-1997
Reported in: AIR1997Ori185; 83(1997)CLT498; 1997(I)OLR360
P.K. Misra, J.1. Plaintiff No. 3 is the appellant against a reversing decision. In view of the order proposed to be passed hereafter, it is unnecessary to state in detail about the rival claims. Suffice it to say that the plaintiffs had filed Title Suit No. 25/126 of 1980/86 for declaration of title and confirmation of possession and in the alternative, for recovery of possession of 'B' schedule property, which was decreed by the trial Court by judgment dated 28-11-1987. Title Appeal No. 8/6 of 1988/89 was filed by the defendant No. 2. The said appeal was allowed ex parte against all the plaintiff-respondents including the present appellant who had been arrayed as respondent No. 3 in the said appeal. A Civil Revision was filed by the present appellant against the judgment of the lower appellate Court, but the same was withdrawn for filing appropriate petition. Subsequently, a petition was filed for setting for setting aside the ex parte decree of the lower appellate Court, but the same...
Sadhana Chatterjee Vs. Smt. Krishna Chatterjee
Court: Orissa
Decided on: Jan-08-1997
Reported in: 1997(I)OLR317
P.C. Naik, J.1. His petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent-wife having been rejected by the Judge, Family Court, Cuttack, the husband appellant has preferred this appeal under Section 19 of the Family Courts Act, 1984.2. It is not disputed by the parties that their marriage was performed on 19-6-1988 and they were blessed with a daughter on 11-7-1989. It is also not disputed that at the time of presentation of the petition for divorce, the respondent-wife was residing with her parents.3. The husband-appellant claims dissolution of marriage by a decree of divorce on the ground of 'ill-treatment' by his wife. It is his case that sometime after birth of the daughter, the respondent-wife started ill-treating him and finally left the matrimonial home to reside with her parents. According to appellant, when he refused to set up a separate residence, the respondent started abusing him in filthy language in presence of neig...
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