Orissa Court May 1998 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Susanta Kumar Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-14-1998
Reported in: AIR1998Ori171
S.C. Datta, J.1. The petitioner is one Susanta Kumar Mohapatra. He has filed this writ application in public interest on behalf of about 200 people of Deogarh, who have been allegedly affected by the construction of Electric Transmission Lines over their agricultural lands. According to the petitioner those people could not approach this Court on account of poverty and illiteracy. Their claim to receive compensation for the damage done to their standing crops and trees having remained unattended to, the petitioner has taken up their cause and approached this Court praying for a direction to the opposite parties to pay compensation to them. According to the petitioner in course of execution of work of Talcher-Rourkela 400 KV. Electric Transmission Line, the crops and trees standing over the lands of the private persons have been damaged and cut down. Heavy machineries and equipments which have been used for construction purposes have damaged the agricultural lands, roads, bridges and cu...
Banambar Panda Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: May-14-1998
Reported in: 86(1998)CLT722; (1999)IILLJ477Ori
A. Pasayat, J.1. Petitioner calls in question legality of the order passed by the General Manager (Personnel & Administration), United Bank of India (Opp. Party No. 2) (hereinafter referred to as 'the employer') placing him under suspension because a criminal proceeding is pending against him before the learned Special Judge, C.B.I., Bhubaneswar in T.R. Case No. 49 of 1994. 2. Background facts which are undisputed are essentially as follows: Petitioner was working as Branch Manager of the employer-bank in respect of Nimpur Branch. The Central Bureau of Investigation (in short, 'CBI') filed first information report inter alia on the ground that a loan of Rs. 2,25,000/- was sanctioned in favour of one Durga Prasad Das without following due procedure. Said Durga Prasad claimed to be a Distributor of cinematograph films. Rama Chandra Jena and Lokanath Jena stood as guarantors and agreed to mortgage their lands measuring Ac. 8.51 dec. to secure the loan. As per the norms and conditions of t...
Purna Chandra Roy Vs. Rohitaswa Rana and anr.
Court: Orissa
Decided on: May-14-1998
Reported in: 86(1998)CLT773; 1998(II)OLR147
S.C. Datta, J.1. This is an application under Section 482, Criminal Procedure Code (for short 'the Cr.P.C). The petitioner seeks to quash the order of the learned Judicial Magistrate First Class, M. Rampur (for short the 'J.M.F.C.') dated 27.7.1989 taking cognizance of the offences under Sections 161 and 384, Indian Penal Code (for short 'IPC') in I.C.C. No. 9 of 1989.2. The facts leading to the present case may be shortly stated thus:At the relevant period the present petitioner was the Officer-in-charge of Narla Police station in the District of Kalahandi. Opposite party No. 1 was the complainant in I.C.C. No. 9 of 1989 before J.M.F.C, M. Rampur. In the petitioner's complaint, it has been alleged that on 12.4.1989 he had gone to the police station to lodge a complaint against one Sitaram Kar. But the present petitioner assured him that he would enquire into the matter and would visit his village. But he did not pay any visit to his village nor did he enquire into the incident. On 12....
Surekha Dash Vs. Civil Judge (Junior Division) and ors.
Court: Orissa
Decided on: May-14-1998
Reported in: 1998(II)OLR43
A. Pasayat, J.1. Present writ application involves an interesting question of law, and in fact this application has been entertained only to adjudicate the question whether under the Orissa Grama Panchayat Act/ 1965 (in short, the 'Act') the learned Civil Judge (Junior Division) has power to allow amendment to the pleadings.2. In view of the limited nature of legal controversy factual details are to be indicated in brief.Petitioner has been elected as Sarpanch of Badasuara Grama Panchayat. Opposite party Nos. 3, 4, 5 and 6 were contestants in the said election on 16.1.1997. An election dispute has been raised under the Act by opposite party No. 3 which has been numbered as Election Dispute Misc. Case No. 7 of 1997, and the same is pending before learned Civil Judge (Junior Division), Jajpur. During pendency of the election dispute, an application styled as one under Order 6, Rule 17, Code of Civil Procedure, 1908 (in short, the 'Code') was filed by opposite party No.3. Amendment sought...
Mohammad Iqbal Arbi Alias Iqbal Assan Arbi Vs. State
Court: Orissa
Decided on: May-14-1998
Reported in: 1998(II)OLR150
S.C. Datta, J.1. This is an appeal from the order of conviction and sentence dated 5th of August, 1987 passed by the learned Special Judge, Koraput-Jeypore convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short 'the Act') and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1,000/- in default to further undergo rigorous imprisonment for two months more.2. The appellant along with three others who have been described in the judgment of the trial Court as accused Nos. 2, 3 and 4 stood trial under Section 7 of the E.C. Act. On conclusion of trial, the appellant has alone been convicted and sentenced but the other three have been acquitted of the charge.3. According to prosecution, on 4.10.1985, the supply staff along with Executive Magistrate visited the Mill premises and godown of M/s. A.S. Arbi, a Partnership Firm of which, the prosecution alleges, the accused persons are the Partners. On inspection, the supply staff fo...
Mrs. Pranati Dash Vs. the Chairman-cum-managing Director, Oil and Natu ...
Court: Orissa
Decided on: May-14-1998
Reported in: 86(1998)CLT536; 1998(II)OLR458
A. Pasayat, J.1. Petitioner, widow of one Ashwinee Kumar Dash, makes allegation of redtapism and apathy by the Life Insurance Corporation of India (in short 'LIC') and Oil & Natural Gas Corporation Limited (in short 'ONGC'). Denial by the LIC to make payment in respect of policies bearing No. 87072477 and 870373535 obtained by late Ashwinee under the Salary Savings Scheme (in short, the 'Scheme') is the bone of dispute. According to petitioner, both LIC and ONGC are trying to avoid their liability on tenable premises.2. A few facts need to be noted before going into the disputed aspects.Ashwinee joined in ONGC as an Assistant Executive Engineer, and was posted at Baroda. During the posting there, he had obtained the aforesaid two policies under the Scheme and there was regular deduction of premium from his salary from May, 1990 onwards. In April, 1991 he was promoted and transferred to Sibasagar Project under the control of Regional Director, ONGC, Eastern Region (opp. party No. 2). No...
Kanhu Majhi Vs. State
Court: Orissa
Decided on: May-14-1998
Reported in: 1998(2)ALT(Cri)14; 86(1998)CLT297; 1998CriLJ3729
A. Pasayat, J.1. In this appeal from Jail Kanhu Majhi (hereinafter referred to as the 'accused') calls in question legality of his conviction for commission of an offence punishable under Section 302, Indian Penal Code, 1860 (in short, 'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Koraput, Jeypore. Accusations which led to trial of accused were that he killed his brother Arji Majhi alias Arjuna Majhi (hereinafter referred to as the 'deceased').2. In a nutshell the prosecution case runs as follows :On 22-6-1991 at about 10 p.m. there was a quarrel between the deceased and the accused. Accused chased the deceased holding an axe and dealt one blow at his back as a result of which he fell down on the road and thereafter the accused dealt further blows. As a result of the assaults the deceased met instantaneous death. The occurrence was seen by Neelakantha Majhi (P.W. 3). Subsequently the accused made an extrajudicial confession before Marayana Hial ...
Mehenga Singh Vs. the State
Court: Orissa
Decided on: May-14-1998
Reported in: 1998CriLJ3234
S.C. Datta, J.1. The appellant calls in question the legality of his conviction for an offence punishable under Section 7 of the Essential Commodities Act, 1955 (for short the 'the Act').2. The appellant (hereinafter referred to as the 'accused') faced trial before the learned Special Judge, Koraput, Jeypore on the allegations that he had contravened the provisions of clauses 2 and 3 of the Orissa Pulses, Edible Oil seeds and Edible Oils Dealers' (Licensing) Order, 1977 (for short the ' 1977 Licensing Order'), which is punishable under Section 7 of the Act.3. The prosecution case, in nutshell is that on 9-1-1986 the accused was found purchasing till seeds in front of his residential house near the weekly market of Gotijodi. He was also found to have purchased 62.92 kg. of til seeds on that date. The Marketing Inspector, Malkangiri along with Marketing Intelligence Inspector and Revenue Officer of Malkangiri raided the market and also the premises where the accused was purchasing til se...
Gurparlad Singh Vs. Divisional Forest Officer, Sambalpur and ors.
Court: Orissa
Decided on: May-13-1998
Reported in: AIR1998Ori177
R.K. Patra, J.1. The Authorised Officer-cum-Assistant Conservator of Forests, Rairakhol Division by order dated 11-3-1994 (Annexure 1) directed confiscation of truck bearing registration No. MP-23-B-5595 belonging to the petitioner. Against the said order of confiscation made under Section 56 of the Orissa Forest Act, 1972, the petitioner preferred appeal before the learned District Judge, Sambalpur who after hearing dismissed the same by order dated 27-6-1996 (Annexure 2). The validity of the aforesaid two orders are under challenge in this application filed under Articles 226 and 227 of the Constitution of India. 2. Facts On 24-2-1993 at about 4.00 p.m. the Range Officer, Girishchandrapur getting information from the Range Officer, Uppermunda that a truck bearing registration number MWY 4731 with kendu-leaf bundles had been lying near Tikira rivulet near Gayapathar, rushed to the spot with members of his staff and found that the truck was stuck up in the loose sand of the river bed. ...
Bhagaban Das Agarwalla and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-1998
Reported in: AIR1998Ori167; 86(1998)CLT155
Susanta Chatterji, J. 1. The present writ petition filed by the petitioners seeks the following reliefs :--'...... to issue a writ of mandamus or any other appropriate writ or order declaring that i) Notification in Annexures 1, 1/A, 2 and 2/S so far as it relates to Sabai Rope' and 'Sal leaf utensils are ultra vires of the Act. ii) Unprocessed or processed Sal leaves are not 'agricultural produce' and the persons collecting and processing the same are not 'Agriculturist' within the meaning of the Act; iii) 'Sabai rope' and 'Sal Leaf utensils' are commercially manufactured goods which are not subject to market fee as agricultural produce; iv) opposite parties 2 and 3 are not entitled to collect market fee on manufactured goods for storage at the interval of each 21 days in case the same are stored for sale for transport outside the State for 21 days or more ......' 2. In fact, notice under Section 2(i) of the Orissa Agricultural Produce Markets Act, 1956 covering manufacture of dish a...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »