Orissa Court February 1998 Judgments
Sukanta Behera Vs. State of Orissa
Court: Orissa
Decided on: Feb-19-1998
Reported in: 85(1998)CLT613; 1998CriLJ1941
P.K. Tripathy, J.1. Challenging the judgment and conviction order dated 20-11-1992 passed by the 1st Addl. Sessions Judge, Ganjam, Berhampur in Sessions Case No. 39/91 (150/91 -GDC) under Sections 302 and 201 of the Indian Penal Code (in short, 'IPC') the accused No. 1 of that case has preferred this appeal.2. It reveals from the lower Court record that appellant is the husband of late Kairi Beherani (hereinafter referred to as 'the deceased'). It is alleged that on 9-3-1991 during day time the appellant by chasing and dragging assaulted her by means of a bamboo stick. The occurrence of assault at different spot was witnessed by some of the villagers and out of them three witnesses, namely, Ananta Behera (P.W. 2), Kamala Beherani (P.W. 3) and Jharnpura Behera (P.W. 4) were examined. The mother of the deceased (P.W. 1), who had gone outside during the day time, returned to the village in the evening and on learning about the death went and saw the dead body of the deceased which was lyi...
Tag this Judgment!Kamaljeet Singh Ahluwalia Vs. State of Orissa
Court: Orissa
Decided on: Feb-19-1998
Reported in: 1998(1)ALT(Cri)18; 85(1998)CLT372; 1998CriLJ2191
ORDERP.G. Tripathy, J. 1. Heard learned counsel for the petitioners, learned counsel for the informant the learned Addl. Standing Counsel.2. These two petitions under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') have been filed challenging legality and correctness of the order dt. 3-11-1997 passed by the S.D.J.M., Bhubaneswar in G.R. Case No. 867 of 1997 and this common order will abide the result in both the Criminal Misc. cases.3. Petitioners are accused in G.R. Case No. 867 of 1997 of the Court of S.D.J.M., Bhubaneswar. Cognizance of the offences Under Sections 420/120B, I.P.C. has been taken on the allegation of cheating to the tune of lakhs of rupees in connection with a mining dealing. On the basis of the information lodged by the complainant police investigated into the case and submitted charge-sheet against the petitioner Maitfi Shukla and on that basis on 13-5-1997 cognizance was taken. Complaint filed a protest petition in which an inquiry was c...
Tag this Judgment!Rajendra Prasad Bagaria Vs. Bhubaneswar Stock Exchange Association Ltd ...
Court: Orissa
Decided on: Feb-17-1998
Reported in: 85(1998)CLT681; [1999]97CompCas182(Orissa)
Susanta Chatterji, J. 1. A registered stock broker, as the petitioner is, challenges the order of suspension passed by opposite party No. 1, Bhubaneswar Stock Exchange Association Ltd., and the proceedings initiated by the said stock exchange for its expulsion.2. Precisely, the petitioner has prayed for the following reliefs :'. . . to issue a rule nisi in the nature of a writ of mandamus and/or writ of certiorari and/or any other appropriate writ/writs, order/orders, calling upon the opposite parties to show cause as to why articles 158, 159 and 167 of the articles of association of opposite party No. 1 stock exchange association and bye-laws 315, 347 and 348 framed by the said opposite party No. 1 should not be declared ultra vires the Act 15 of 1992 and as to why the orders of suspension and expulsion (annexures 1/1 and 1/3) and the auction of the membership of the petitioner in favour of opposite party No. 4 should not he quashed ; and(ii) if the opposite parties fail to show cause...
Tag this Judgment!Saroj Kumar Dehuri Vs. S.N. Corporation Ltd. and ors.
Court: Orissa
Decided on: Feb-17-1998
Reported in: (1998)ILLJ1054Ori
Susanta Chatterji, J.1. The writ petitioner challenges the order of his termination from service made by opposite party No. 3, the Managing Director, S.N. Corporation Limited, a joint sector subsidiary unit of the Industrial Development Corporation of Orissa Limited (for short 'IDCOL'), which is a Government of Orissa Undertaking. The Chairman of IDCOL is the ex-officio Chairman of the Corporation. The opposite party-Corporation is directly managed under the control of IDCOL. The Corporation has set up a factory at Dhenkanal which manufactures high tensile fasteners . The petitioner had been appointed in the Corporation as an Accountant by order dated July 9, 1982 of the Managing Director and since the date of his joining the Corporation he had been discharging his duties on successful completion of the period of probation. Subsequently he had been designated as Accountant-B and then as Chief Accountant-C. He had also been placed as Chief Accountant- A. The petitioner was then promoted...
Tag this Judgment!Bansidhar Mallick Vs. the State
Court: Orissa
Decided on: Feb-17-1998
Reported in: 1998CriLJ1897
ORDERS.C. Datta, J.1. The petitioner (hereinafter referred to as 'the accused.) faced trial before the learned Assistant Sessions Judge, Kandrapara on a charge under Section 307 I.P.C. He was found guilty of the said charge and sentenced to suffer R.I. for five years and to pay a fine Rs. 1,000)/- in default to undergo R.I. for one year more.2. Being aggrieved thereby the accused preferred appeal before the Sessions Court and the learned Additional Sessions Judge, Kandrapara by judgment and order dated 6th March, 1995 upheld the order of conviction and sentence and dismissed the appeal. The petitioner has, therefore, saved this Court in revision.3. The prosecution case, in short, is that the relationship between the complainant's family and that of the accused was a strained one for the use of water of a village well. A few days prior to the date of occurrence, the accused quarrelled with Manju, the daughter of the injured Sukadev for use of water of the said well which was taken excep...
Tag this Judgment!Raman Rao P.V. and ors. Vs. J.K. Corporation Ltd. and ors.
Court: Orissa
Decided on: Feb-13-1998
Reported in: 85(1998)CLT280; (1998)ILLJ1084Ori
Susanta Chatterji, J.1. One P.V.Raman Rao and four others who were working previously with M/s.Straw Products Limited have challenged the award passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No. 73 of 1991. Their prayer is:'Under the above circumstances the petitioners pray for the following reliefs: (a) writ of certiorari be issued quashing An-nexure-4 that is the award of Presiding Officer, Labour Court, Jeypore in I.D.Case No.73/1991;(b) The petitioners may be declared to be in service without any break under the opposite parties No. 1 and 2 and direction be issued for payment of the back wages for the period they remained out of job;(c) writ of mandamus be issued to the opposite parties No. 1 and 2 for their reinstatement in the service forthwith;(d) Any other appropriate order be passed/direction be made or writ be issued which this Hon'ble Court deems just and proper;(e) The writ application be allowed with cost.' 2. It is contended that all the petitioners a...
Tag this Judgment!Bidyadhar Mohapatra and ors. Vs. District Labour Officer-cum-conciliat ...
Court: Orissa
Decided on: Feb-12-1998
Reported in: [1998(79)FLR172]; (1999)ILLJ138Ori
Susanta Chatterji, J.1. Bidyadhar Mohapatra and 15 others are the employees of Store Section, Ispat General Hospital, Rourkela Steel Plant, Rourkela. They have jointly filed the present writ petition for issuance of a writ of mandamus to set aside the settlement dated August 7, 1996 between the Management of Rourkela Steel Plant and its Workmen employed in Medical Department represented by Rourkela Shramik Sangh (Recognised Union).2. It is contended that the settlement dated August 7, 1996 is contrary to law resulting in prejudice to the interest of the petitioners without affording reasonable opportunity to them. In fact, petitioners 1 to 7 have been promoted to the post of Head Storekeepers, petitioners 8 and 9 have been promoted to the post of Senior Storekeepers and petitioners 10 to 16 are continuing as Assistant Storekeepers.3. It is further stated that right from their entry to the service the post in Store Section of Ispat General Hospital is being treated to be separate cadre....
Tag this Judgment!S. Obsarathi Reddy Vs. the State
Court: Orissa
Decided on: Feb-12-1998
Reported in: 1998CriLJ1810
ORDERS.C. Datta, J. 1. This revision petition is directed against the order of the Additional Sessions Judge, Berhampur affirming the order of conviction and sentence passed by the Judicial Magistrate First Class.2. Briefly stated the facts of the case are that on 7-10-1992 at about 6 p.m. Sub-Inspector of Excise Bajant Kumar Sethi (P.W. 3) searched the betel shop of the accused situated near Ashoka Cinema Hall, asks in presence of independent witnesses and recovered one plastic jerrican containing 3 litres of I.D. liquor. The liquor was measured and tested by blue litmus paper which turned to red. On hydrometer test the strength of the liquor was found to be 510 U.P. The result of these tests together with his experience as on officer of the Department and in the background of his distillery training, the Sub-Inspector of Excise gathered that the seized liquor was nothing but I.D. liquor. He seized the jerrican containing liquor in presence of witnesses and prepared seizure list a cop...
Tag this Judgment!Manindra Kumar Ray and ors. Vs. Bhubaneshwar Development Authority and ...
Court: Orissa
Decided on: Feb-11-1998
Reported in: AIR1998Ori141
Pasayat, J.1. These four writ applications arc inter-linked and arc disposed of by this common judgment. Petitioner in each case had applied for permission in terms of the Orissa Development Authorities Act, 1982 (in short, the 'Act') for development of the land by construction of building.2. Factual position so far as undisputed is as follows:Application was filed for approval of plan along with requisite fees. The same was taken up for consideration by the Building and Planning Committee, and the Committee recommended for issuance of permission for construction of apartments. Subsequently the opposite parties asked for furnishing certain information. These were furnished. Notice under Sub-section (7) of Section 16 was given by registered post.3. The controversy revolves round the question whether there was approval of the plan by operation of the deeming provision contained in the proviso to Sub-section (3) of Section 16 of the Act, and by operation of Sub-sections (7) and (8) of sai...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Banamali Lenka and ors.
Court: Orissa
Decided on: Feb-11-1998
Reported in: II(1998)ACC561; 1999ACJ535; AIR1998Ori163; 86(1998)CLT162
P.K. Mohanty, J. 1. In all these three appeals, the Oriental Insurance Company Ltd. is the appellant against the award of compensation passed by the Motor Accident Claims Tribunal, Mayurbhanj in Claim Misc. Case Nos. 45, 49 and 51 of 1985. All the appeals are taken up together and heard analogously since they arise out of a common judgment and common questions of law are involved.2. The short facts of the claimants' case was that the Van bearing registration No. ORS 5279 shuttled between the weekly markets and goods along with its passengers are carried in the vehicle. On 13-9-1985 when the claimants in Misc. Case Nos. 49 and 51 of 1985 and the deceased Prasanna Kumar Behera for whose death claim application No. 45 of 1985 has been filed, were travelling in the said van along with their merchandise, near Dantiamuhan crossing, due to rash and negligent driving of the driver, the vehicle went off the road and dashed against the road side tree causing injury to Bharai Sahu, claimant in Mi...
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