Orissa Court July 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.
Swarnalata Bhuyan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-22-1998
Reported in: 86(1998)CLT442; 1998CriLJ4520; 1998(II)OLR311
ORDER1. 22.7.98.- The Court as an institution has to live with utmost co-operation of the Bar. It is like a bird with two wings. With one wing a bird cannot fly. Only with the Judges or the lawyers alone the Court cannot function. The Bench has to appreciate the Bar and the Bar must be proud of the Bench. If the trust among the two breaks, there will be an end to this institution.2. Unfortunately here is a story which is something else. This case is an illustration how there is breach of trust by the Bar. At the time of admission of O.J.C. No. 5523/98, it came to the notice of the Court that the certified copy of the impugned order dated 15.7.1991 had been interpolated so far as the date when the copy was actually handed over to the applicant. Going through the said certified copy this Court found that the date on which the copy was ready for delivery was 26.3.1993 and the same had been interpolated ex facie as 26.3.1997 and the date of making over the copy to the applicant was similar...
Prafulla Kumar Majhiand anr. Vs. Laxmi Majhi (Dead) and After Her Stat ...
Court: Orissa
Decided on: Jul-22-1998
Reported in: 1998(II)OLR454
S.C. Datta, J.1. This revision is directed against order dated 28.9.1994 passed by the learned Additional Sessions Judge, Jeypore, dismissing Criminal Appeal No. 103 of 1992 and confirming the order of conviction and sentence recorded by the Sub-divisional Judicial Magistrate, Nowrangpur.2. Petitioner No. 1 is the son of petitioner No. 2. Both of them faced trial before the learned Magistrate under Section 406/34, IPC, for committing criminal breach of trust in respect of gold and silver ornaments and other sundry articles said to have been given to opposite party No. 1 (since dead) at the time of marriage as dowry. The opposite party No. 1 Laxmi Majhi died during the pendency of this proceeding. Since the revision has been filed against the order of conviction and sentence which was confirmed in appeal, the State of Orissa has been impleaded as opposite party No. 2.3. The fact of the case may shortly be stated as under :The petitioner No. 1 and opposite party No. 1 one Laxmi Majhi wer...
Panchadia Jaya Vs. State of Orissa
Court: Orissa
Decided on: Jul-21-1998
Reported in: 86(1998)CLT334; 1998CriLJ4760
ORDERP.K. Tripathy, J.1. Being aggrieved by the order dated 23-2-1998 passed by learned Sessions Judge, Koraput at Jeypore in S.C. No. 173/96 petitioner has filed this application under Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code') to quash that order. It appears from the L.C.R. that on 3-3-1996 Huika Kumuti was killed. On the basis of the F.I.R. lodged by the widow of the deceased investigation was undertaken and ultimately charge-sheet was submitted against accused Mandingi Chandal (not a party in this proceeding). He was sent to the Court of Sessions to face the trial. Charge for the offence under Section 302, I.P.C. was framed against him. At the stage of recording of evidence informant i.e. the widow of the deceased deposed about participation of the present petitioner in the killing of the deceased. At that stage, learned Public Prosecutor filed an application before the trial Court to invoke the power under Section 319 of the Code to add the petitioner ...
Daitari SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Jul-20-1998
Reported in: 1998(II)OLR252
ORDERP.K. Tripathy, J.1. 20.7.98.- Heard.2. This application under Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code') is disposed of at the stage of hearing on admission.3. Petitioner who is one of the accused persons in G.R. Case No. 350 of 1997 of the Court of J.M.F.C, Paradeep at Kujang has challenged the order of taking cognizance for the offence under Sections 341, 323, 325, 307, 294, 506/34, IPC vide order dated 21.10.1997.4. Learned counsel for the petitioner states that keeping in view the facts alleged, it appears that petitioner did not deal any blow whatsoever to the injured persons and apart from that the nature of the injury is simple hence cognizance for the offence under Section 307/34, IPC should not have been taken against him. In support of his contention, he relies on the case of Sarab alias Sarbeswar Pradhan and Ors. v. State of Orissa, (1995) 9 OCR 623 and Anil Kumar Chhotray and Ors. v. State of Orissa, (1996) 11 OCR 439. Learned Addl. Standin...
Subal Chandra Samal Vs. Sailesh Kumar Pradhan
Court: Orissa
Decided on: Jul-17-1998
Reported in: 1999CriLJ2414
ORDERS.C. Datta, J. 1. The petitioner has moved this Court in revision with a prayer to quash the proceeding in Misc. Case No. 48 of 1994 arising out of a petition under Section 94, Cr. P.C., files by the opposite party for recovery of his vehicle from the possession of the present petitioner on the ground that the said proceeding is bad in the eye of law.2. The fact leading to the filing of the present application is that the opposite party is the owner of one truck bearing No. D.S.B. 1132, which was hypothecated to the United Commercial-Bank, Chowki Branch. He having failed to look after the affairs of the said vehicle properly approached the petitioner with the proposal to sell the same on condition that the petitioner would make a down payment of Rs. 1,44,000/- to the opposite party and the latter would forthwith hand over the possession of the vehicle together with R. C. Book and other documents and would allow the petitioner to operate the said vehicle. The ownership of the vehic...
Divisional Manager, United India Insurance Co. Ltd. Vs. Bansidhar Mall ...
Court: Orissa
Decided on: Jul-17-1998
Reported in: 1999ACJ1301
P.K. Misra, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') at the instance of the insurance company, the award passed by the Second Motor Accidents Claims Tribunal, Cuttack, is being challenged.2. Claimant-respondent No. 1 filed Misc. Case No. 211 of 1992 claiming compensation on account of bodily injuries sustained by him. It was alleged by him that while he was moving on the road on 20.12.1991 near Tarapur Bazar, an Ambassador car bearing registration No. ORP 2280 came from Paradeep side at a high speed and dashed against him as a result of which he sustained injuries all over his body. Initially he was treated at Raghu-nathpur P.H.C. and thereafter in the S.C.B. Medical College & Hospital at Cuttack.The owner of the vehicle was set ex parte, but the insurance company arrayed as the opposite party No. 2 in the claim application itself filed written statement denying the allegations made in the claim petition.3. The Tribuna...
Satya Sundar Naik Etc. Vs. Industrial Development Corporation of Oriss ...
Court: Orissa
Decided on: Jul-16-1998
Reported in: (1999)IIILLJ715Ori
S.N. Phukan, C.J.1. By this common judgment and order, we dispose of the aforesaid two writ petitions as the facts and points of law involved in both of them are the same and they were heard together.2. Both the petitioners were employees of Kalinga Iron Works, opposite party No. 2, which is a unit of Industrial Development Corporation of Orissa Ltd., opposite party No.1, a Corporation wholly owned by the Government and hence a State within the meaning of Article 12 of the Constitution, which fact is not disputed. To reduce manpower and to achieve optimum utilisations of manpower in the context of declining financial position of the units under the Corporation, a voluntary retirement scheme of employees was introduced by the Corporation, which was published on July 30, 1997, vide Annexure-A to the counter affidavit filed in OJC No. 678 of 1998. According to the scheme, employees were asked to exercise their option within August 31, 1997. The scheme was, however, subsequently extended t...
Chaturbhuja Acharya Vs. State of Orissa
Court: Orissa
Decided on: Jul-15-1998
Reported in: 1998(II)OLR332
ORDER1. 15.7.1998 - Heard Shri Ratho for the petitioner and Shri K. Patnaik, learned Additional Government Advocate, for the opposite parties.2. The petitioner in this writ application seeks quashing of notification dated 5th May, 1998 of the Government of Orissa, Law Department (Annexure - 3) temporarily suspending him from notarial practice for a period of six months. His contention is that the impugned order of suspension is illegal and contrary to the provisions contained in Rule 13 of the Notaries Rules, 1956.3. The matter was listed for admission on 29.6.1998. In view of the limited point raised by the petitioner, we required the learned Additional Government Advocate to produce the relevant Government file which was produced. We have perused it. The impugned order of suspension reads as follows :'No. III-J-3/96............../L. Keeping pending inquiry on the report of the Additional District Magistrate and District Registrar, Jagatsinghpur, Sri Chaturbhuja Acharya, Notary, Jagat...
Gayadhar Pati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-14-1998
Reported in: 1998(II)OLR269
Susanta Chatterji, J.1. The present writ petition at the instance of the petitioner, claiming himself to be a social worker, challenges the impugned order copy whereof is Annexure-4. For better appreciation, Annexure-4 is quoted herein below :'OFFICE OF THE INSPECTOR OF SCHOOLS : BHADRAK CIRCLE, BHADRAK.OFFICE ORDER No. 11433, dated 8.12.1997.Sri Kamalakanta Mohanty, Headmaster, Motto High School who was to retire on 30.11.1997 is allowed to continue up to 30.11.1998 being his date of birth 23.11.1940 (Twenty third November Nineteen forty) which was ascertained on verification of H.S.C. Certificate in the office of the Board of Secondary Education, Orissa and approval order No. 10417 (R.S. 162) dated 25.9.1980 of the Inspector of Schools, Bhadrak Circle, Balasore. The period from 1.12.1997 to the date he joins will be treated as leave and will be debited from his leave earned during the incumbency.Sd/- B. N. BeheraInspector of Schools, Bhadrak.'2. It is contended on behalf of the petit...
Smt. Sushila Chand Vs. State Transport Authority, Orissa and ors.
Court: Orissa
Decided on: Jul-09-1998
Reported in: AIR1999Ori1; 87(1999)CLT6
S.N. Phukan, C.J. 1. Being aggrieved by the decision taken by the State Transport Authority, Orissa, in its meeting held on 18-8-1997, the petitioner has filed the present writ petition. By the impugned decision, as at Annexure-5, the application of the petitioner for stage carnage permit in the inter-State route Phulbani-Tata was rejected. Permits for the said route were granted in favour of opposite parties 3 and 4. It may he stated here that the petitioner and one Dr. Magani Sahoo were granted temporary permits in respect of the said route, against which cases were filed in this Court as well as before the Transport Appellate Tribunal. It is not necessary to go into that aspect of the matter. 2. Opposite parties 3 and 4, in whose favour permits were granted, have filed preliminary counter affidavit jointly. Their plea is that as alternative efficacious statutory remedy of appeal under Section 89 of the Motor Vehicles Act, 1986 is available to the petitioner and as the petitioner has...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »