Orissa Court January 1998 Judgments
Gopinath Nayak Vs. Smt. Rinu Nayak
Court: Orissa
Decided on: Jan-19-1998
Reported in: 1998CriLJ2403
ORDERP.R. Tripathy, J.1. Heard learned Counsel for both the parties. On their consent this revision is disposed of at the stage of admission. L.C.R. is available in record.2. The opposite party filed Criminal Proceeding No. 501 of 1994 under Section 125 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for monthly maintenance claiming herself to be the wife of the petitioner on the ground that she is living with her father being ill-treated and deserted by the petitioner. She also took the plea that she had no source of income and she was unable to maintain herself whereas the petitioner had landed property and rice huller having sufficient means. Accordingly, she prayed for a monthly maintenance of Rs. 500/-. Opposite party did not dispute the relationship but in his counter he denied the allegations of ill-treatment, cruelty and desertion, as alleged. He also denied to the sources and the quantum of income. On the other hand, he contended that he is a rheumatic patient, ...
Tag this Judgment!A. Kokan Rao Vs. the State
Court: Orissa
Decided on: Jan-19-1998
Reported in: 1998(2)ALT(Cri)9; 86(1998)CLT53; 1998CriLJ1898
ORDERP.K. Mohanty, J. 1. Heard learned counsel for the petitioner and the learned Addl. Standing Counsel.2. Petitioner being an accused in G. R. Case No. 10000 of 1997 of the Court of Sub-divisional Judicial Magistrate, Bcrhampur (in short, 'S.D.J.M.') for the offences under Sections 224/120B/34 of the Indian Penal Code (in short 'I.P.C.') was allowed to go on bail by the learned Sessions Judge, Berhampur as per order dated 22-11-1997 in Criminal Misc. Case No. 1095 of 1997 which is impugned in the application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). The Sessions Judge ordered that the offences being bailable and the petitioner being willing to go on bail, he may be released on furnishing bail bond for Rs. 10,000/- (rupees ten thousand) with two local solvent sureties for the like amount to the satisfaction of the S.D.J.M. Learned counsel for the petitioner argued that the amount fixed and number of sureties demanded is an higher side and it is a...
Tag this Judgment!Dhobei Rout Vs. Pahali Rout and ors.
Court: Orissa
Decided on: Jan-17-1998
Reported in: AIR1998Ori74
Pradipta Ray, J.1. The appellant and respondent No. 3 (plaintiffs Nos. 1 and 2 respectively) filed O.S. No. 78/459 of 1981/79-1 of the Court of Addl. Sub-Judge, Puri against the present respondents 1 and 2 (defendants Nos. 1 and 2 respectively in the suit) for enforcement of their preferential right to purchase the suit property as conferred by Section 22 of the Hindu Succession Act, for direction upon respondent No. 1 to reconvey the suit property to the plaintiffs on receipt of consideration money and other ancillary reliefs. Trial Court decreed the suit. The present respondents 1 and 2 preferred Title Appeal No. 3/52 of 1985/83 of the Court of Second Addl. District Judge, Puri. The lower appellate Court set aside the judgment and decree of the trial Court and dismissed the suit. Plaintiff No. 1 has filed this second appeal.2. Admittedly Kirtan Rout (father of appellant and respondents 2 and 3) was the original owner of different properties including the suit properly. On his death t...
Tag this Judgment!Khageswar Das Vs. State
Court: Orissa
Decided on: Jan-17-1998
Reported in: 1999CriLJ1792
A. Pasayat, J.1. In this appeal from Jail, Khageswar Das (hereinafter referred to as the 'accused') calls in question legality of judgment of conviction and sentence as passed by learned Addl. Sessions Judge, Bargarh.2. Filtering out unnecessary details, prosecution version which led to trial of the case is essentially as follows :Mitu Das (hereinafter referred to as 'deceased') was wife of the accused. She was living with him in her matrimonial home at Joda. On 18-8-1998, the accused took her from Joda to Bargarh in a bicycle. On the way, he throttled her to death in an isolated place locally known as 'Chasianmauli Nala' at about 2 p.m. and flung the dead body into the Nala. By evening the local Sarpanch (P. W. 4) found the dead body in the Nala and informed to the Bargarh Police Station. Investigation was undertaken and on completion thereof, charge-sheet was placed. 3. Nine witnesses were examined to further the prosecution version. The accused pleaded innocence. As there was no eye...
Tag this Judgment!Manishri Refractories and Ceramics Private Limited Vs. State of Orissa ...
Court: Orissa
Decided on: Jan-16-1998
Reported in: [1998]111STC61(Orissa)
Susanta Chatterji, J. 1. The petitioner Manishri Refractories and Ceramics Private Limited has filed the present writ petition praying for the following reliefs :'(a) to issue a writ in the nature of certiorari quashing the impugned orders dated July 21, 1993 (annexures III-A and III-B) holding them to be illegal ;(b) to issue a writ in the nature of mandamus directing opposite party No. 2 to issue the certificate of deferment of payment of Orissa sales tax and Central sales tax for the expanded portion of the industrial unit in form 'C' ;(c) to issue a writ in the nature of mandamus to opposite party No. 2 to refund the sales tax already collected under duress since October 5, 1992 ;(d) to pass/issue such other writ/order and/or direction as deemed just and proper in the interest of justice and equity ; and(e) to allow the writ petition with costs.'2. The petitioner has in fact challenged the orders vide annexures III-A and III-B to the writ petition made by the Sales Tax Officer, Cut...
Tag this Judgment!Damodar Mishra Vs. State of Orissa
Court: Orissa
Decided on: Jan-16-1998
Reported in: 1999CriLJ1727; 1999(I)OLR382
C.R. Pal, J.1. The petitioner being aggrieved by the order dated 6.11.1997 passed by the learned S.D.J.M. (Sadar), Cuttack in G.R.Case No. 2085 of 1996 rejecting his prayer to dispense with his personal attendance in terms of Section 205 Cr.P.C. has come up for quashing the impugned order and for a direction to the learned Magistrate to dispense with his personal attendance in the aforementioned G.R.Case and to allow him to appear before the Court of the learned S.D.J.M. through a pleader.2. The case of the petitioner is that on the information of one Laxmidhar Mohapatra, Mangalabag P.S.Case No. 288 of 1996 corresponding to G.R.Case No. 2085 of 1996 of the Court of S.D.J.M. (Sadar), Cuttack was registered against the petitioner and his son-in-law Manoj Kumar Mohapatra for the alleged offences under Sees. 468, 469, 507 read with Sec. 34, IPC. In the said case summons were issued for appearance of the accused persons on 19.9.1997 on which date this petitioner and his son filed a petition...
Tag this Judgment!Satrughana Lohar Vs. State
Court: Orissa
Decided on: Jan-16-1998
Reported in: 1998CriLJ1508
S.C. Datta, J. 1. This is an appeal from Jail.The accused Satrughana Lohar faced trial on charges under Sections 449 and 302 I.P.C. The Court below did not find him guilty under Section 302 I.P.C. but convicted him under Section 304 I.P.C. as well as under Section 449 I.P.C. He was sentenced to suffer R. I. for ten years under Section 304 I.P.C. but no separate sentence for the offence under Section 449 I.P.C. was awarded.2. The prosecution case may be summarised as under:The deceased was a resident of a hut in a Basti in the Coal gate area at Bondamunds.On the fateful night he was staying in his house alone. The accused is also a resident of a hut adjacent to the hut of the deceased. On the night of occurrence, his wife was also away to her father's place. In the night of 10-9-1993 at about 10 P.M. the informant (P.W.I) who was a neighbour of the deceased, heard cries of the deceased saying 'Bacho, Bacho,' Mari Douchi' coming from the hut of the deceased. On hearing it he rushed towar...
Tag this Judgment!Mana Begum Vs. Jula Mohammed and anr.
Court: Orissa
Decided on: Jan-16-1998
Reported in: 1998CriLJ3244
S.C. Datta, J. 1. Opposite party No. 1 along with two others persons viz., his father and brother stood their trial before the Asst. Sessions Judge, Jagatsinghpur for committing the offences under Sections 493/376/294/506 Indian Penal Code (for the 'IPC'). They were acquitted of the charges under Sections 375/294/506, IPC, but the Assistant Sessions Judge found opposite party No. 1 guilty of the charge under Section 493, IPC and convicted him there under and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for fifteen days.2. As against the Order of conviction and sentence opposite party No.1 carried an appeal to the Sessions Court and the learned Sessions Judge, Cuttack vide Order dated 18-5-1994 allowed the appeal and set aside the Order of conviction and sentence passed against opposite party No. 1. Being aggrieved thereby, the petitioner has approached this Court in revision.3. The case was lodg...
Tag this Judgment!Ganesh Choudhury Vs. Harish Chandra Misra
Court: Orissa
Decided on: Jan-16-1998
Reported in: 86(1998)CLT233; 1998CriLJ2412
ORDERP.R. Tripathy, J.1. Heard learned Counsel for both he parties. On their consent, it is disposed of at this stage of hearing on admission.2. Petitioner is the complainant in ICC No. 30 of 1997 pending in the Court of S.D.J.M., Berhampur. Opposite party is the accused in that case. He is working as Superintending Engineer presently attached to the office of the Chief Engineer, Minor Irrigation Department, Bhubaneswar. It is alleged in the complaint petition that opposite party cheated the petitioner by Rs. 5,000/- (rupees five thousand) by giving false assurance to appoint him as N.A.R. The occurrence dates back to the year 1990 and the complaint petition was filed in the year 1997. After recording the initial statement of the complainant and conducting enquiry under Section 202 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the S.D.J.M., Berhampur took cognizance of the offence under Section 420,I.P.C. and issued process under Section 204 of the Code aga...
Tag this Judgment!Chhota Master Alias Jaharlal Mahanta and anr. Vs. State
Court: Orissa
Decided on: Jan-16-1998
Reported in: 1998CriLJ3185
S.C. Datta, J.1. The petitioners faced trial before the learned Assistant Sessions Judge for the offence under Section 307/34, IPC. They were convicted by the trial Court and sentenced to suffer R.I. for seven years. The appeal to the Sessions Court became unsuccessful. Thereafter, they have filed this revision petition challenging the order of conviction and sentence recorded by the Courts below.2. The prosecution case, in brief, is that on 20th June, 1969, the victim (P.W. 1) had gone to Baripada. Both the petitioners were known to him from before. They invited him to accompany them to a cinema show to which be agreed. Accordingly, all of them witnessed the second show in Jagadhatri Talkies. After the show was over, the petitioners invited them for a late supper and all of them took food in a hotel near Balacore Golad of Baripada town. Thereafter, they proceeded towards their village on bicycles. When they approached the bridge over river Balanga, petitioner No. 1 Chhota alias Joharl...
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