Orissa Court August 1998 Judgments
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Brundaban Patnaik Vs. Commissioner, Land Record and Settlement and ors ...
Court: Orissa
Decided on: Aug-21-1998
Reported in: 2001(I)OLR53
ORDER1. Heard Shri Behuria for the petitioner, Shri K. Patnaik. learned Additional Government Advocate, for opposite parties 1 and 2 and Shri N. Panda for opposite party No. 3.2. The petitioner has filed this writ application challenging the correctness of the order dated 22.9.1997 of the Commissioner, Land Records and Settlement, Orissa, Cuttack in R.P. Case No. 6774 of 1996 (Annexure-1). By the impugned order the Commissioner has directed the Tahasildar to take up the case under para 17 (1) of the Mutation Manual and verify the sale deed of the petitioner to know his legal entitlements. The Commissioner has observed that the plot in question be remeasured alongwith the suit Hal Plot No. 225 and the records be corrected if found necessary. The Tahasildar has also been further directed to ignore the possession of any excess area, if found, without valid title.3. According to the petitioner, he has been in possession of land measuring Ac. 0.050 decimals uninterruptedly without any hindr...
Mihir Kumar Acharya Vs. Calcutta Machinery (1972)
Court: Orissa
Decided on: Aug-21-1998
Reported in: 1999CriLJ231; 1998(II)OLR339
P.K. Misra, J.1. This is an application under Section 482, Code of Criminal Procedure, to expunge certain adverse remarks contained in the judgment in ICC Case No. 95 of 1987.2. The petitioner who was the accused before the trial Court was charged under Sections 408 and 418, Indian Penal Code, on the allegation that he had misappropriated certain amount. The trial Court on discussion of the evidence came to hold :'.......... I find the accused has received money from different dealers as per the above said money receipts to the effect of Rs. 27,158,37 P., but he has not accounted for the same in any manner such as making entry in the cash book, making deposits in the Bank etc. The accused is liable to account for the same to the Company.....'Subsequently, relying upon the decision of this Court reported in 1985 Cr. Law Journal, 1401 (A.P. Mishra etc. v. State of Orissa), the trial Court found that the accused cannot be convicted as no physical verification of cash had been made and ult...
Ananta Naik Vs. A. Keshaba Reddy
Court: Orissa
Decided on: Aug-21-1998
Reported in: 1998(II)OLR340
ORDERP.K. Misra, J.1. 21.8.1998 - The Second Appeal is directed against the judgment and decree passed by the Subordinate Judge, Chatrapur in Title Appeal No. 31 of 1989. The judgment was passed on 6.7.1993. The present appeal has been filed in the High Court on 19.2.1998. It is stated by the appellant that, in fact, Civil Revision No. 104/93 corresponding to Civil Revision No. 106/95 was filed before the 2nd Addl. District Judge, Berhampur. It is further stated that the aforesaid Civil Revision was filed before the District Judge, Berhampur, on the wrong advice of the counsel. Subsequently, the said revision was dismissed for default on 26.2.1996, but the said order of dismissal was not within the knowledge of the present appellant; as the same was not communicated by the concerned counsel. It is further stated that the appellant came to know about the dismissal of the revision in September, 1997 only when the respondent tried to create disturbance in the possession of the appellant. ...
Ratnakar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-21-1998
Reported in: 1998(II)OLR475
P.K. Tripathy, J.1. This revision has been filed challenging the order of conviction of the petitioner by the Judicial Magistrate First Class, Patrapur in 2(a)CC No. 4 of 1993 (Tr. No. 163 of 1993) and the confirming judgment of the learned 1st Addl. Sessions Judge, Berhampur in Crl. Appeal No. 83 of 1994 (211/93 GDC).2. Accused-petitioner was prosecuted for the offence under Section 47(a) of Bihar and Orissa Excise Act (in short, 'the Act') on the allegation of illegally being indulged in the business of sale of liquor and also for being in possession of 30 litres of I.D. liquor which was recovered from his possession along with the containers, the glass tumbler and the sale proceeds on 15.5.1993 by the S.I. of Excise, Chikiti (P.W. 3) in presence of independent witnesses (P.Ws. 1 and 2) and the Excise Constable (P.W.4). He pleaded not guilty and claimed for trial and during the trial he also examined two witnesses (D.Ws. 1 and 2) who stated that petitioner has no house at Badasahi (w...
Bangerla Someswar Rao Vs. State and anr.
Court: Orissa
Decided on: Aug-21-1998
Reported in: 1998(II)OLR693
S.C. Datta, J.1. The petitioner challenges the order of learned Executive Magistrate, Parlakhemundi, directing him to execute bond for a sum of Rs. 7,000/- with one surety for the like amount in a proceeding under Section 107 of the Code of Criminal Procedure on the ground that the Magistrate was not competent to direct him to execute a bond before the commencement of enquiry.2. It appears that the proceeding under Section 107, Cr.P.C, was started on the basis of a report by the Officer-in-charge, Garabandha Police-Station. In the report the Officer-in-charge felt that there was some ill-feeling between the 1st party members and second party members and as such, there was apprehension of breach of peace and blood-shed in the locality. Consequently, the Police prayed to the Court to direct the 2nd party members to execute bond under Section 116(3), Cr. P.C, to maintain peace and good-behaviour in the locality. On the basis of report of the Police, the Magistrate drew up a proceeding und...
Raman Thapa Vs. State of Orissa
Court: Orissa
Decided on: Aug-21-1998
Reported in: 86(1998)CLT685; 1999CriLJ1738
ORDERP.K. Tripathy, J.1. In assailing the order of conviction passed by the learned J.M.F.C. Titilagarh in 2(a) CC No. 28/92 (Tr. No. 81/92) for the offence Under Section 47(f) of the Bihar and Orissa Excise Act (in short, 'the Act') and the concurring findings of the learned Addl. Sessions Judge, Titilagarh in Crl. Appeal No. 16/1992, petitioner has preferred this Revision.2. In substance, prosecution case is that, on 11-4-91 the S.I. of Excise, P.W. 1, during the patrolling duty, on suspicion, raided the house of the petitioner and found him in possession of two earthen pots each containing 10 K.Gs. of fermented Mahua wash, one bamboo pipe used as an apparatus for distillation of liquor and emitting smell of liquor. He seized the said articles and apparatus in presence of D.W.2, A.S.I, of Excise and two independent witnesses of that village P.Ws. 3 and 4. During trial P.Ws. 3 and 4 did not support the prosecution relating to the search and recovery however they admitted their signatu...
Subash Chandra Mohapatra Vs. Rama Sankar Mishra and ors.
Court: Orissa
Decided on: Aug-21-1998
Reported in: 1999CriLJ152
ORDERP.K. Tripathy, J.1. In this application Under Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code'), petitioner who is one of the accused persons in the complaint case vide I.C.C. No. 4 of 1991 of the Court of S.D.J.M., Bhanjanagar, has challenged legality and sustainability of the order of taking cognizance vide order dated 1-5-1991. Opposite party Nos. 1 and 2 are the co-accused and opposite party No. 3 is the complainant in that case.2. Between 10.30 A.M. and 11 A.M. on 8-1-1989 an occurrence involving violence occurred at Sandeep Talkies of Bhanjanagar in which the opposite party No. 3 sustained a bullet injury fired from a revolver. Opposite party No. 1 was the manager of that cinema hall and petitioner No. 1, being a Police Officer who had come to depose as witness in the local judicial Court, was a visitor in that cinema hall at the time of occurrence. On the basis of the report of the opposite party No. 1 police registered a case against the complainant/o...
Narendra Kumar Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-20-1998
Reported in: AIR1999Ori71
Pasayat, J. 1. This application, which is stated to have been filed in public interest questions nomination of opposite party no. 4 as the President of Anchalika Mahavidyalaya, Natadihi (Opp. party no. 3). The point raised is that opposite party no. 4 is not an eminent educationist for the purpose of being nominated as President of Governing Body of an aided college. The question has arisen in the background of Sub-rule (3) (or Sub-rule (1)--Ed.) of Rule 25 of the Orissa Education (Establishment, Recognition, Management of Private Junior Colleges/Higher Secondary Schools) Rules, 1991 (hereinafter referred to as the 'new Rules'). Said Rules have come in place of Orissa Education (Management of Private Colleges Rules, 1979 (in short, the 'old Rules'). The institution to which the dispute relates is an aided educational institution interms of Section 3 (b) of the Orissa Education Act, 1969 (in short, the 'Act').2. The provisos to Sub-rule (1) of Rule 25 oft the new Rules with which we are...
S.K. Saukata Ali alias Sekha S.K. Vs. Commissioner for Workmen's Compe ...
Court: Orissa
Decided on: Aug-20-1998
Reported in: 2000ACJ620; (1999)ILLJ1266Ori
S.N. Phukan, C. J. 1. The writ petitioner is residing in the State of Orissa and the opposite party No. 1 is also an officer of the State. Opposite Parties 2 and 3 also reside in Orissa. The petitioner was working as a helper in a bus bearing registration No. OBA 2964 under Opposite party No. 2 namely, Ramesh Chandra Mallick. On May 12, 1994 at about 10.30. P.M. while the petitioner was in employment and was discharging his duty as helper, the bus met with an accident near Golbazar, Kharagpur in the district of Midnapur, West Bengal and the petitioner sustained injuries. He was admitted to Midnapur Hospital and was confined to bed for two days as stated in the writ petition. Thereafter; he was removed to Grand Nursing Home, Cuttack and was confined to bed for about a month. Considering the seriousness of his condition, he was shifted to S. C. B. Medical College Hospital, Cuttack. The petitioner-workman filed a claim petition under the Workmen's Compensation Act 1923, before Commissione...
Giridhari Gochhayat and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-20-1998
Reported in: 1998(II)OLR522
A. Pasayat, J.1. Nomination of Banshidhar Biswal (opp. party No. 3) as President of Governing Body of Bhagabati Mahavidyalaya, Konark is under challenge in this writ application. Said nomination was made by the State Government in the Higher Education Department which was approved by the Director of Higher Education, Orissa in purported exercise of power under Rule 25(1)(i) of the Orissa (Establishment, Recognition and Management of Private Colleges) Rules, 1991. The institution is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969 (in short, the 'Act').2. Main plank of challenge is that opposite party No. 3 is not an 'eminent educationist' which is the sine qua non for such nomination. Stand of the petitioners is that opposite party No. 3 is not even a Graduate and was a Clerk in the Secretariat and by no stretch of imagination can be treated as an eminent educationist. Petitioner No. 1 was nominated as a Member of the Governing Body ...
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