Orissa Court July 1999 Judgments
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Pradeep Alias Pradipta Kumar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Jul-16-1999
Reported in: 1999(II)OLR449
P.K. Misra, J.1. The facts and circumstances giving rise to the present application Under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr. P.C') are as follows :The petitioner was an employee working under the informant. The informant lodged an FIR on 10.9.1996 before the Inspector-in-charge, Dharmasala Police Station on the basis of which Dharamsala police station case No. 229 of 1996 corresponding to G.R.Case No. 888 of 1996 is pending before the Sub-Divisional Judicial Magistrate, Jajpur. In the said FIR it has been alleged that the present petitioner (the accused) has collected money from different places on different dates but did not account for the same. After registration of the case, the Inspector-in- charge, Dharamsala police station has sent xerox copies of the FIR to five other police stations such as Madhupatna police station, Mangalabag police station, Purighat police station, Barchana police station and Jajpur police station for registration...
Ajit Rath Vs. Vice-chancellor, Utkal University and anr.
Court: Orissa
Decided on: Jul-16-1999
Reported in: 1999(II)OLR208
P.K. Misra, J.1. Petitioner had appeared in LL.M. Examination, Part-I, of Utkal University in the year 1990, but failed in one Paper. In 1991, he appeared in Part-II Examination and also repeated the Paper dealing with Interpretation of Statutes in which he had failed in Part-I. However, he secured 36 marks in the said Paper. Since pass mark in each paper was 40, he was declared unsuccessful even though he had secured the requisite aggregate marks in all the Papers. The petitioner filed OJC No. 6856 of 1992 contending inter alia, that the 'hard case rule' should have been applied and 0.5% of the total marks should have been added in which event he would have passed in the Examination. The said writ application was dismissed by order dated 28.3.1 995. This Review Application has been filed for reviewing the aforesaid order.2. Several contentions have been raised by the counsel for the petitioner. However, in view of the order proposed to be passed, it is not necessary to discuss the var...
Thabir Suna Vs. State of Orissa
Court: Orissa
Decided on: Jul-15-1999
Reported in: 88(1999)CLT831; 1999(II)OLR257
ORDERP.K. Misra, J.1. The petitioner in Criminal Revision No. 193/98 by order dated 2.6.1998 in Misc. Case No. 235/98 was directed to be released on bail of Rs. 25,000/- with two sureties, each for the like amount, to the satisfaction of the Assistant Sessions Judge-am;-Chief Judicial Magistrate, Bhawanipatna, in Sessions Case No. 32/14 of 1997. The said order was duly communicated to the aforesaid Court. It appears that in spite of such order, the petitioner could not furnish the bail bond before the Assistant Sessions Judge for some time, as his father had fallen ill in the meantime. Thereafter, the petitioner wanted to furnish the bail before the Assistant Sessions Judge. However, the Assistant Sessions Judge instead of considering the question of acceptance of the bail bond, passed the following order on 28.8.1998:'The case record is put up today. The prisoner did not furnish bail bond. More than 15 days have passed from the date of receipt of the bail order from the Hon'ble Court....
State of Orissa Vs. Hari Behera and anr.
Court: Orissa
Decided on: Jul-15-1999
Reported in: 1999(II)OLR236
P.K. Misra, J.1. The facts and circumstances giving rise to the present suo motu Criminal Revision are as follows :In course of inspection, the Chief Judicial Magistrate, Puri (in short, the 'C.J.M.') found that 2 (a) CC Case No. 5/86 and 2 (a) CC Case No. 14/86 were pending before the Judicial Magistrate, First Class, Daspalla, where cognizance had been taken, inter alia, Under Section 9 (a) of the Opium Act. The aforesaid two cases had been initiated on the basis of Prosecution Reports (in short, the 'P.R.') submitted by the Sub- Inspector of Excise Under Section 9 (a) of the Opium Act along with Section 47 (a) of the Bihar and Orissa Excise Act. It is admitted that the offences alleged to have been committed in both the cases took place after 14.11.1985, the date on which the Narcotic Drugs and Psychotropic Substances Act. 1985 (in short, the 'N.D.P.S. Act') came into force. The C.J.M. was of the view that since the Opium Act, stood repealed by virtue of Section 82(1) of the N.D.P.S...
Chakrapani Sabat Vs. Commissioner of Consolidation and ors.
Court: Orissa
Decided on: Jul-13-1999
Reported in: 2000(II)OLR189
P.K. Misra, J.1. This writ application is directed against the order dated 6.5.1997 passed by the Commissioner, cosolidation, Orissa, Bhubaneswar, in Revision Petition No. 75 of 19953. It has been asserted in paragraph - 11 of the writ petition that the present petitioner after receiving notice from the Commissioner appeared in person on 24.4.1997 and had requested for time to engage and Advocate and to file obejection to the revision petition. It is futher stated that the Commissioner asked a few questions in respect of the dispyuted land and posted the matter to 6.5.1997 and the petitioner remained under the bona fide impression that the case had been adjourned. However, on 6.5.1997, the petitioner learnt that the revision itself was allowed on 6.5.1997. 4. Though opposite party No.2 has entered appearance appearance though lawyer, no counter affidavit has beed filed challenging the assertions made in paragraph-11 of the writ application. In such view of the matter, the assertions ma...
Muni Nayak Vs. Durgamadhab Sahu and anr.
Court: Orissa
Decided on: Jul-12-1999
Reported in: I(2000)ACC225; 2001ACJ1842; 88(1999)CLT769
P.K. Misra, J.1. The claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming higher compensation.2. The claimant is a minor girl and the claim application was filed through her father. At the time of the accident, the claimant was aged about ten years. The Claims Tribunal has awarded a sum of Rs. 52,000 on different heads. The appeal has been filed claiming a further amount of Rs. 1,48,000.3. In this appeal in spite of notice, there is no appearance either on behalf of the owner or on behalf of the insurance company. Since in many matters, the Oriental Insurance Co. Ltd. is represented through Advocate Mr. A.K. Mohanty, copy of this appeal memo had been served on Mr. A.K. Mohanty and he had been requested to obtain instruction from the insurance company by order dated 27.4.99. When the matter is taken up today, Mr. A.K. Mohanty, Advocate, is not present obviously because he must not have received any instruction f...
Usharani Mohapatra Vs. Nityanand Sahu and anr.
Court: Orissa
Decided on: Jul-09-1999
Reported in: 2000CriLJ190
ORDERP.K. Mohanty, J. 1. This is an application under Section 407, Code of Criminal Procedure to transfer a U.R. Case from the Court of learned S.D.J.M., Phulbani to the Court of learned S.D.J.M., Berhampur mainly on the following grounds, as enumerated in paragraphs 2 and 3 of the petition, which are quoted hereunder :2. That I am feeling unusual difficulties, because according to medical report of 14th August, 1997 I am suffering from cronic diarrhoea severe anaemia, dysentry, stomach pain. The distance from Phulbani town to Berhampur Town in about 200 k.ms. As I am a lady and a patient 1 may suffer on the way from many causes. Then the case also reached on a critical event. The family members of my husband are about 15 living in Phulbani Town. They all gunda types. Since, their native place was Phulbani. They are local people of Phulbani but neither my relatives nor my friend circles are there.3. His father Brundabana Sahu was a retired Steno of District Court, Phulbani, so now the ...
Utkal Co-operative Banking Society Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-08-1999
Reported in: AIR2000Ori46
R.K. Patra, J.1. The Utkal Cooperative Banking Society Limited represented through its Secretary has filed this writ petition challenging the validity of the Order No. 188 (Conf.)/ BK. 5 dated 30-12-1998 (Annexure-6) of the Registrar, Co-operative Societies, Orissa, passed under subsection (7) of Section 32 of the Orissa Cooperative Societies Act, 1962 (hereinafter to be referred as 'the Act') placing its Managing Committee under suspension and appointing opposite Party No. 3 to manage its affairs until further orders. The petitioner incidentally challenges the propriety of letter No. 23395/ER-5 dated 30-11-1998 (Annexure-4) by which the Registrar reports about non-compliance of defects by the petitioner as pointed out in the inspection report of the Reserve Bank of India.2. It may be noted that the petitioner in this petitions initially challenged the issuance of the letter at Annexure-4. A Bench of this Court on 22-12-1995 issued rule nisi and by way of interim measure order-4 that n...
New India Assurance Co. Ltd. Vs. Braja Kishore Sahoo and ors.
Court: Orissa
Decided on: Jul-08-1999
Reported in: I(2000)ACC534; 89(2000)CLT228; (2000)IIILLJ1504Ori
P.K. Misra, J.1. This appeal has been filed by the Insurance Company under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the 'Act').2. Claimant-respondents 1 and 2 are the parents of deceased Dillip Kumar Sahoo, who died in an automobile accident while working as a Helper in a truck bearing registration number ORJ- 5153. It has been found that the deceased was working as a helper in the truck and died due to injuries sustained in accident arising out of and in course of his employment. Though the claim had been made claiming Rs. 1,60,000/- the Workmen's Compensation Commissioner (hereinafter referred to as the 'Commissioner') has directed for payment of Rs. 1,68,000/- as compensation. The aforesaid direction is under challenge at the instance of the Insurance Company.3. In spite of notice, there is no appearance on behalf of claimant-respondents 1 and 2 or the owner-respondent No. 3.4. The learned counsel for the appellant contended that the materials on reco...
Khalli Sahu Vs. Gopi Gauda Alias Gopinath Gauda and anr.
Court: Orissa
Decided on: Jul-07-1999
Reported in: 88(1999)CLT200; 1999(II)OLR146
B.P. Das, J.1. The present civil revision is directed against the order dated 14.12.1998 passed by the 2nd Additional District Judge, Berhampur, in Misc. Appeal No. 3 of 1997/(Misc. Appeal No. 85/96- ODC), confirming the order dated 12.11.1996 passed by the Civil Judge (Senior Division), Aska, in M.J.C.No. 78 of 1996, arising out of T.S.No. 28 of 1996, rejecting an application under Order 40, Rule 1 of the Code of Civil Procedure filed by the plaintiff-petitioner for appointment of receiver of the suit land during the pendency of the suit.2. The facts as delineated in the revision petition tend to reveal that the present petitioner-Khalli Sahu filed a suit for declaration of his right, title and possession over the suit land and to permanently restrain the defendant-opp. parties from going upon the suit land. The case of the plaintiff is that the suit land is a part of the property belonging to late Kasinath Sahu, and, after his death is 1940, the property was succeeded by his widow-Su...
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