Skip to content

Orissa Court July 1999 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.

Jul 07 1999

Alekha Thati and ors. Vs. State of Orissa

Court: Orissa

Decided on: Jul-07-1999

Reported in: 88(1999)CLT439; 1999(II)OLR206

P.K. Misra, J.1. The petitioners challenge the legality of the order dated 8.5.1996 passed by the Sessions Judge, Phulbani, in Sessions Trial No. 2/95 wherein the four petitioners have been directed to stand trial along with the original accused by invoking the power Under Section 319 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C').2. FIR was lodged by the Officer-in-Charge of Manamunda police station on 2.12.1994 on his own information against Golakha Thati (hereinafter referred to as the 'original accused') on the allegation that he had unauthorisedly cultivated cannabis plant in the courtyard of his own house. The courtyard was raided and Cannabis plants were seized in presence of witnesses. After completion of investigation, charge sheet was submitted against the original accused alleging commission of offence Under Section 20(a) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act'). Subsequently, after hea...


Jul 06 1999

Fakira Subudhi Vs. State of Orissa and anr.

Court: Orissa

Decided on: Jul-06-1999

Reported in: 88(1999)CLT816; 2000CriLJ1172; 1999(II)OLR143

P.K. Misra, J.1. The petitioner has filed this application Under Section 482, Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C') seeking for a direction to the opposite parties for the release of seized items of properties which had been seized from the petitioner under the Essential Commodities Act in connection with 2 (c) CC Case No. 103/75. The seizure-list has been annexed as Annexure-1 which includes, inter alia, considerable quantity of coconut oil, til oil, groundnut oil, vanaspati and mustard oil. Certain other items were also seized, but some of those items were earlier returned and some items were sold, the sale proceeds of which have been deposited in the Court. These seized articles had been kept in zima of one Srinibas Pradhan who was working as the Secretary, Balugaon Regional Co-operative Marketing Society.2. The petitioner was acquitted in the said case Under Section 7(1) of the Essential Commodities Act. Thereafter, on the basis of the application fil...


Jul 06 1999

Dr. Santanu Kr. Parida Vs. State of Orissa and anr.

Court: Orissa

Decided on: Jul-06-1999

Reported in: 1999(II)OLR191

P.K. Misra, J.1. The accused-petitioner has filed this application Under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C') for quashing a criminal proceeding numbered as G.R. Case No. 1394/98 pending before the Sub-Divisional Judicial Magistrate, Puri, under the following circumstances :2. It appears that the aforesaid G.R. case was registered on the basis of FIR lodged by one Subal Jena alleging commission of offences Under Sections 279 and 337, Indian Penal Code (in short, the 'IPC'). Alter investigation, charge-sheet was filed and the Sub-Divisional Judicial Magistrate, Puri, took cognizance against the present petitioner on 6.2.1989 and issued summons against the petitioner. From the order-sheet it appears that the summons issued on several dates remained unserved and the service returns did not come on many occasions. Ultimately the Magistrate issued bailable warrant which also remained unexecuted and thereafter Non-Bailable Warrant was ...


Jul 05 1999

Abdul Naim Vs. State of Orissa

Court: Orissa

Decided on: Jul-05-1999

Reported in: 88(1999)CLT452; 1999(II)OLR123

P.K. Misra, J.1. This is an application Under Section 482, Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C') to release the delinquent who is being proceeded against in a proceeding Under Section 110, Cr.P.C, now pending in the Court of the Executive Magistrate, Cuttack, in Criminal Misc. Case No. 709/98.2. In the present order I shall only deal with the action of the police and the Magistrate in arresting the petitioner and keeping him under detention until such petitioner was released on bail under orders of this Court.3. It appears that the proceeding Under Section 110, Cr.P.C. was initiated on the basis of Non-F.I.R. No. 76/98 submitted by the Officer-in-Charge of Cantonment Police Station. It appears that the petitioner was arrested by the I.I.C., Cantonment P.S. and produced along with the Non-FIR No. 76/98 on 17.8.1998 before the Executive Magistrate, Cuttack, who passed the following order :'17.8.1998. Delinquent Sk. Janu alias Abdul Nairn, S/o. Abdul A...


Jul 02 1999

Alekh Bihari Rout Vs. Union of India (Uoi) and anr.

Court: Orissa

Decided on: Jul-02-1999

Reported in: (2000)ILLJ512Ori

A. Pasayat, Actg.C.J.1. Sole point that arises for consideration in this writ application is whether refusal to refer a dispute for adjudication by the Industrial Tribunal is proper. The grounds for refusal were that petitioner had not completed more than 240 days of continuous service in any calendar year, and on the basis of written test and interview conducted on February 24, 1991 and March 27, 1991 respectively. Central Bank of India (hereinafter referred to as 'employer'), had prepared a panel list of 27 candidates on the basis of merit and petitioner was not included in the panel list. Additionally it was noted that 5 candidates have come to this Court in OJC No. 695 of 1994, and therefore, matter was subjudice and there was likelihood of decision of the said writ application affecting all empanelled candidates. Impugned order was passed in purported exercise of power under Section 12(5) of Industrial Disputes Act, 1947 (in short, the 'Act').2. Petitioner's case is that he has be...


  • Next ›

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial