Orissa Court January 1997 Judgments
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Rankanidhi Panda Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Jan-08-1997
Reported in: 1997(II)OLR34
C.R. Pal, J.1. This is a petition Under Section 439(2) read, with Section 482, Cr.P.C. wherein the petitioner who is the informant in G.R. Case No. 228 of 1995 of the court of S.D.J.M., Puri has prayed for cancellation of bail granted to the opposite party No. 2 by the Second Additional Sessions Judge, Puri and the bail granted to the opposite parties 3 and 4 by the Investigating Officer.2. The facts of the case are as follows:On 26.11.1995 the present opposite party No. 2 Batakrushna Panda lodged an information alleging that while he along with his co-villagers were cleaning the village road which the present petitioner's family had encroached the petitioner's father, mother and sister scolded the members engaged in cleaning and the petitioner's father Puma Chandra Panda and one Laxmidhar Panda who were armed with Farsa and Kati threatened them and assaulted the opposite party No. 2 and caused bleeding injury on his person. Sabita Panda also assaulted the opposite party No. 2 by means...
Narasingh Challan Vs. State
Court: Orissa
Decided on: Jan-07-1997
Reported in: 83(1997)CLT522; 1997CriLJ2204; 1997(I)OLR243
A. Pasayat , J.1. In this appeal from jail Narasingh Challan (hereinafter referred to as the 'accused') calls in question legality of his conviction for offences punishable under Section 302 and 323 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of rigorous imprisonment for the former, as recorded and imposed by learned Addl. Sessions Judge, Jeypore.2. Background facts and accusations which led to trial of the accused along with two others in a nutshell, are as follows : Accused Is the son of Sana Challan and Kamali Challan who faced trial with him and were acquitted. Mukunda Challan (hereinafter refarred to as the 'deceased') and his neighbour Arjuna Challan (PW 4) took liquor in the house of the accused, on 14-7-1991 in the evening. Liquor was supplied by wife of the accused. After taking some liquor, deceased demanded more. Accused took exception to the words used while making such demand and entered into his house. When the deceased and PW 4 saw that accused had ente...
Bhuwan Kishore Awasthi Vs. Executive Officer and anr.
Court: Orissa
Decided on: Jan-06-1997
Reported in: 83(1997)CLT416; 1997(I)OLR320
Pradipta Ray, J.1. The writ petitioner has filed this writ petittion challenging the resolution of the Jharsuguda Municipality dated December 22, 1995 and consequential office order dated April 12, 1996 passed by the Executive Officer, Jharsuguda Municipality cancelling the lease granted to the petitioner by Memo/Office letter No. 1689/JM/Tax-lll dated May 15,1995 (Annexure-C/1).2. The petitioner in this writ petition has stated that he was granted the lease to collect fees from the Municipality check gates for entering/parking of heavy vehicles inside Jharsuguda Municipal area for Rs. 50,000/- per year for a period of three years commencing from May, 15, 1995. It is the case of the petitioner that the impugned cancellation is totally illegal and arbitrary and the same is contrary to the principles of natural justice inasmuch as the lease has been cancelled without affording him any opportunity of hearing.3. The Municipality has filed a counter in which it has been pointed out that the...
Smt. Gaganaprava Behuria Vs. State of Orissa, Represented Through the ...
Court: Orissa
Decided on: Jan-03-1997
Reported in: 83(1997)CLT380; 1997(I)OLR351
A. Pasayat, J.1.Petitioner, Smt. Gaganaprava Behuria, a rural lady has questioned legality of threatened action to cancel the green-card which was issued to her for having undergone sterilisation operations.2. The factual position is almost undisputed. Petitioner had undergone tubectomy operation by the terminal method of contraception on 18-1-1992 at the Medical Centre, Balasore. By that time she had two children. She was attracted by the incentives given to the persons undergoing such operation. The benefits available are enumerated in the Government Order dated 19-10-1983, and subsequent orders issued by the Health and Family Welfare Department. Green-card was issued to the petitioner on 23-7-1992 bearing No. 194580 which confirmed the fact that she had undergone tubectomy operation and was entitled to the benefits.To her. dismay she found that the first operation had failed, and she had to undergo second sterilisation operation in the Post Partem Centre at Bhadrak on 20-7-1993. Tha...
Mrs. Prativa Das Vs. State of Orissa
Court: Orissa
Decided on: Jan-03-1997
Reported in: 1997(1)ALT(Cri)10; 83(1997)CLT191; 1997(I)OLR306
A. Pasayat, J.1. This is an application for exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (in short,. the 'Code') in respect of certain observations and directions given by learned Addl. Sessions Judge, Khurda, while disposing of an application under Section 439 of the Code. 2. A brief reference to the factual aspects before dealing with submissions relating to the defensibility of observations/directions would be necessary. On the basis of written report submitted by petitioner, law was set into motion and Braja Mohan Parida (hereinafter referred to as 'accused') was taken to custody. Allegations related to offence punishable under Sections 341/323/264 of Indian Penal Code, 1860 (in short, 'IPC') and the case was registered as G. R. Case No. 86 of 1996. Learned Judicial Magistrate, First Class, Banpur rejected accused's prayer for bail. Learned Addl. Sessions Judge, Khurda was moved for bail after rejection by learned Magistrate. While dealing with prayer...
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