Orissa Court November 1998 Judgments
Bijaya Sahu Vs. State of Orissa
Court: Orissa
Decided on: Nov-06-1998
Reported in: 1999CriLJ1258
S.N. Phukam, C.J.1. This Jail Criminal appeal is directed against the judgment and order dated 9-12-1993 passed by the Second Addl. Sessions Judge, Ganjam, Berhampur in Sessions Case No. 22/1993 (S.C. No. 126/1993).2. The accused-appellant alias Bijay was booked for trial under Section 302, I.P.C. for committing murder of Krushna alias Satrughan Sahu. He was found guilty under the above section and convicted accordingly and sentenced to undergo imprisonment for life.3. Briefly stated, the prosecution case is that the deceased and the accused being co-villagers were engaged in the business of labour contract in the State of Manipur. On 3-5-1985, the deceased had returned to his village, 10/15 days prior to the date of occurrence, the accused had also come back to the village. It is alleged that on 5-5-1985 at about 7 a.m., accused came to the house of deceased, called him and both of them went to village tea-stall for taking tea with one Laxman Sahu, (not examined). All the three person...
Tag this Judgment!Panacea Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-05-1998
Reported in: AIR1999Ori101
Pasayat, J.1. Petitioner, a small scale industrial unit, has called in question certain stipulations imposed by the Director of Medical Education & Training, Orissa in the tender call notice for supply of drugs and medicines for the year 1997-98. It basically questions stipulation about purchase of tender paper on payment of Rs. 500/-, exemption from payment of earnest money, security deposit and restriction of zone of consideration to the reputed firms. Its case is based on certain provisions under the Industrial Policy Resolution, 1996 (in short, 'IPR, 1996') more particularly clauses 20.5 and 20.6 thereof. So far as exemption from earnest money deposit and purchase of tender papers are concerned, it is accepted that without prejudice to the claims involved the petitioner has purchased tender paper and has deposited the earnest money. It is highlighted that the expression 'reputed firm' is a vague term and in any event for survival of the small scale industrial units, the restriction...
Tag this Judgment!Lingaraj Khandayat Ray Vs. Bibhu Alias Braja Kishore Alias Bibhuti Bhu ...
Court: Orissa
Decided on: Nov-05-1998
Reported in: 1999(I)OLR115
P.K. Tripathy, J.1. Informant in G.R.Case No. 330 of 1997 of the Court of the S.D.J.M., Jagatsinghpur arising out of Jagatsinghpur P.S.Case No. 128 of 1997 registered Under Section 302/34, I.P.C., has filed this application Under Section 439(2) of the Criminal Procedure Code, 1973 (in short, 'the Code') praying for cancellation of the bail granted in favour of opposite party No. 1 Bibhu alias Braja Kishore alias Bibhuti Bhusan Swain.2. Notice was served on the opposite party No. 1 personally, on 2.5.1998 with a direction to file show-cause by 17.6.1998. By the date of service of the notice, opp. party No. 1 was in jail custody in accordance with the order passed by the S.D.M. in Crl. Misc. Case No. 66/98 Under Section 110 of the Code. However, it appears from the said case record that as per the order of the learned Addl. Sessions Judge, Jagatsinghpur in Criminal Revision No. 18/98, opposite party No. 1 was released from the jail custody on 14.5.1998. Therefore, in spite of service of ...
Tag this Judgment!Biswajit Das Vs. State
Court: Orissa
Decided on: Nov-05-1998
Reported in: 88(1999)CLT571; 1999(I)OLR440
ORDERP.K. Misra, J.1. By order dated 1.5.1998 passed in Criminal Misc. Case No. 622/98 while rejecting the bail application of the present petitioner, who is in custody since 23rd July, 1996. it was directed that the trial itself should be completed as expeditiously as possible preferably by end of July, 1998. It was further observed that it would be open to the petitioner to move for bail afresh if there is undue delay in disposal of the case. Thereafter, the petitioner moved the trial Court for bail, but the same having been rejected, the present bail application has been filed.2. It is no doubt true that the offence appears to be very heinous and three persons have died in the alleged incident. While this matter was being taken up on 23.9.1998, it was indicated that the trial had been fixed to 30th October, 1998, for cross-examination of P.Ws. 20 and 21 and accordingly, the matter was directed to be listed on 3rd November, 1998. Today, learned counsel for the petitioner has produced...
Tag this Judgment!Swapnendu Pattnaik Vs. Orissa University of Agriculture and Technology ...
Court: Orissa
Decided on: Nov-05-1998
Reported in: 88(1999)CLT174; 1999(II)OLR597
P.K. Misra, J.1. The petitioner has prayed for quashing the selection and the consequential appointment of opp. party No. 3 as Assistant Professor, Forestry, under the Orissa University of Agriculture and Technology (in short, 'OUAT') and seeks for a further direction to opp. party No. 2, the Vice-Chancellor of OUAT, to appoint the petitioner in the said post.2. An advertisement was issued by OUAT for one post of Lecturer/ Junior Scientist, Forestry. In the advertisement it was indicated that the details of qualifications, specialisations, experience and other requirements in respect of each post will be supplied along with the application form. The information sheet which was supplied along with the application form has been annexed as Annexure-3. In column-7 of Annexure-3, it was indicated as against the qualifications required that the candidate should be 2nd Class B.Sc. (Forestry) and 2nd Class M.Sc. (Forestry). In the note appended, it was indicated :'The requirement at Bachelors ...
Tag this Judgment!Susila Das and anr. Vs. Fakir Gauda and anr.
Court: Orissa
Decided on: Nov-05-1998
Reported in: 87(1999)CLT74; 1999CriLJ1207
ORDERP.K. Tripathy, J.1. The daughter and the grandson of the deceased Judhistir Das have filed this application under Section 439(2), Cr.P.C. with a prayer for cancellation of the bail granted in favour of opposite party No. I, Fakir Gouda, who is an accused in M. Rampur, P. S. Case No. 70/97. The offence alleged against opposite party No. 1 and co-accused is under Section 302/34, IPC.2. Petitioners have alleged that in spite of existence of a prima facie case against opp. party No. 1 learned Sessions Judge, Kalahandi-Nawapara at Shawanipatna, without due consideration of the materials available in the case diary and on recording wrong findings that no prima-facie evidence was available against opp. party No. I, allowed him to go on bail. They have further stated that after being released on bail; opp. party No. 1 on 23-10-97 threatened the petitioners as well as the witnesses to terrorise them so as to not to depose against him.3. No show cause was filed by opp. party No. I though he...
Tag this Judgment!Yash Granites Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-03-1998
Reported in: AIR1999Ori230; 1999(I)OLR151
P.K. Tripathy, J.1. In this writ application under Articles 226 and 227 of the Constitution petitioner has prayed to quash Annex-lire 13 in which Government's decision to grant a quarry lease of decorated stones for a period of ten years over an area of 22.023 hectares in village Kurlubhatta in Belangi district in favour of Opposite Party No. 5 was communicated to him.2. Petitioner's case in brief is that on 6-6-1996 petitioner applied for a mining lease of decorative stones for an area of 10.615 hectares in village Kurlubhata of Sindhakala Police Station in the district of Bolangir in accordance with Rule 6(6) of the Orissa Minor Mineral Concession Rules, 1990 (in short the Rules) along with requisite information. On 3-2-1997 opposite party No. 5 also applied for a mining licence under the same provision of law for an area of 22.023 hectare from out of the same area. Before that on 29-8-1992 the said area of 22.023 hectares had been leased out in favour of one Om Prakash Agarwalla but...
Tag this Judgment!Madhusudan Sahu Vs. State of Orissa
Court: Orissa
Decided on: Nov-03-1998
Reported in: 87(1999)CLT871; 1999(I)OLR67
P.K. Misra, J.1. The plaintiff has filed this appeal against the judgment of the District Judge, Puri, wherein the appellate Court after allowing the amendment of written statement set aside the judgment of the trial Court and remanded the matter to the trial Court for fresh disposal after framing new issue. It is obvious that the said judgment and order of remand was passed in purported exercised of authority under Order 41, Rule 23-A of the Code of Civil Procedure (in short, the 'C.P.C.').2. The plaintiff-appellant had filed O.S.No. 17-of 1983 in the Court of the Civil Judge (Junior Division), Puri, for a decree of permanent injunction restraining the respondent, i.e. the State of Orissa, from raising any construction on the disputed land and from interfering with the possession of the plaintiff and encroaching upon any part of the disputed land. It is the case of the plaintiff that the disputed land originally belonged to Dakshinaparswa Math and was the 'Amrutamanohi' land of Lord J...
Tag this Judgment!- ‹ Prev
- 1
- 2
- Next ›