Orissa Court December 2000 Judgments
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Surendra Dash Vs. Laxmidhar Sahoo and anr.
Court: Orissa
Decided on: Dec-13-2000
Reported in: 2001(I)OLR65
P.K. Misra, J.1. The petitioner has challenged the legality of the judgment dated 31.10.2000 passed by the District Judge, Puri, in Election Misc. Case No. 318/97 whereunder the election of the petitioner as a Councillor of Puri Municipal Council has been quashed on the ground of violation of the provisions contained in Section 16 (l)(xvii) of the Orissa Municipal Act.2. Election to Puri Municipal Council was held on 11.7.1997. The petitioner was declared as a Councillor from Ward No. 28. Opposite party No. 1 filed an election petition before the District Judge on the allegation that present petitioner has more than two children and as such as disqualified Under Section 16 (1) (xvii) of the Orissa Municipal Act. The petitioner had filed objection denying the allegation made in the election petition. The District Judge (Tribunal) has found that the present petitioner had more than two children on the appointed date and as such was disqualified. The said decision is being challenged in t...
Sankarananda Nayak Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-2000
Reported in: 2001(I)OLR107
M. Papanna, J.1. The present Revision is carried to this Court seeking to quash the order dated 13.4.1994 passed in G.R. Case No. 363/88 by the learned S.D.J.M., Koraput framing charge Under Section 465, I.P.C. against the petitioner.2. The facts of the case leading to the present revision may be delineated as below :One Subrat Dash, Area Sales Officer of the Philips India Company, Calcutta lodged information in Sunabeda P.S. alleging that some employees of HAL, Sunabeda had given loan application forms through Hindustan Aeronautics Adivasi and Harijan Employees' Welfare Association Members Cooperative Society Ltd., Sunabeda (in short 'Society') in April, 1998 to buy Philips Audio equipments and P.H. Televisions on hire purchase under the C.T. Bank Consumer Financing Scheme. They were supposed to receive the above materials worth of Rs. 15 lakhs approximately after the loan was sanctioned in May, 1988 by the C.T. Bank. M/s Universal Radio and Electricals, Main Road, Jeypore being the d...
Jitendra Kumar Bisoyi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-13-2000
Reported in: 2001(I)OLR119
L. Mohapatra, J.1. Petitioner in this writ application has prayed for declaration that the contract awarded in favour of the opposite party No. 5 by opposite parties 1 to 4 is illegal and inoperative and for a further direction to award the contract in favour of the petitioner.2. Case of the petitioner is that he has registered himself as A-Class Contractor and has been participating in different tender process. Pursuant to the tender call notice dated 6.1.2000 he submitted his tender for the work 'excavation of pazen miner including construction of its structures in flood zone'. Apart from the petitioner, two other Contractors, namely, Sanat Kumar Panda and Narendra Nath Sahu (opposite party No. 5) also submitted tenders. Tender papers were opened on 29.2.2000 and on verification of the tender papers, the Executive Engineer (opposite party No. 4) prepared a final report on 3.3.2000 for acceptance of the same by the Superintending Engineer. In the said report, the Executive Engineer in...
Bijay Kumar Sahoo Vs. Sarat Chandra Naik and Others
Court: Orissa
Decided on: Dec-12-2000
Reported in: 91(2001)CLT579
P.K. Patra, J. 1. This appeal under section 378(4) of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (for short 'Cr. P. C') is directed against the judgment of acquittal dated 26-6-1986 passed by Shri C. R. Das, S. D. J. M , Kendrapara in I C C. No. 336 of 1985 (Tr. Case No. 1193 of 1985). The prayer for leave to appeal was granted in Cri. M. C. No. 459 of 1986.2. The appellant filed the complaint case against the four respondents under sections 426/323, I. P. C. alleging that on 10-10-1985 afternoon they caused wrongful loss worth Rs. 20-00 to him by damaging the standing paddy crop in his filed by allowing two bullocks and one cow to graze there. When the appellant found the cattle inside his paddy filed, he drove them towards kine house, but was intervened by the four respondents and was assaulted in front of their house.The defence plea is one of denial and false implication due to land dispute between the parties.3. Miss Bijaylaxmi Tripathy, learned counsel for, the appellan...
Ramesh Haldar Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-2000
Reported in: 92(2001)CLT27; 2001(I)OLR245
P.K. Patra, J.1. The appellant has challenged the judgment dated 16-7-1998 passed by Shri H. C. Mohapatra, Additional Sessions Judge, Jeypore in T. R. Case No. 36 of 1997 convicting him under section 20(b)(i) of the Narcotic Drugs and psychotropic Substances Act (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5,000-00, in default to undergo rigorous imprisonment for a further period of six months.2. Prosecution case, briefly stated, is as follows :On 11-5-1997 at about 5.30 a. m. the O. I. C. of Dabugaon P. S. in the district of Nowrangpur (p. w. 6) received reliable information at the police station that the appellant was illegally dealing in Ganja and had kept Ganja in his house at village Karagan. After entering the said fact in S.D. No, 231 and informing his immediate superior official, he proceeded to the said village along with his staff and Executive Magistrate (p. w. 4) and raided the house of th...
Dwarika Alias Tarini Patra and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-2000
Reported in: 2001(I)OLR55
P.K. Patra, J.1. The appellants have preferred this appeal against the order dated 1.12.1998 passed by Smt. M. Patnaik, Sessions Judge- cum-Special Judge, Khurda at Bhubaneswar convicting them Under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 each, in default to undergo rigorous imprisonment for five months more in T.R.Case No. 7 of 1998.2. Prosecution case briefly stated is as follows :On 17.3.1998 at about 9.30 p.m., S.I. of Badagada Police Station (P.W.3) received reliable information from another S.I. of the said police station (P.W.2), who was performing duty at Siridi Sai Baba Chhak, as to illegal transportation of contraband Ganja in a motor-cycle. Receiving the said information from P.W.3, P.W.7 (I.I.C. of Badagada P.S.) reached there in a police jeep along with a woman constable (P.W. 1) at about 9.50 p.m. and wa...
Sampad Alias Srustidhar Mallick and anr. Vs. State
Court: Orissa
Decided on: Dec-12-2000
Reported in: 2001CriLJ793
ORDER1. The appellants have challenged the judgment dated 28-2-1994 in S.T.No.21/156of 1993 passed by Shri S.C. Chhatoi, Additional Sessions Judge, Balasore convicting the appellants under Section 376(2)(g) of the Indian Penal Code (for short 'IPC') and sentencing each of them to undergo rigorous imprisonment for ten years.2. Briefly stated, the prosecution case is as follows :In the night of 24-2-93 the prosecutrix (P.W. 4) had slept with her son, aged about 5 years, and a minor girl (P.W. 8), aged about 9 years, in her house in village Juari under Singla Police Station in the district of Balasore. Her husband, a fisherman by profession, had been to the sea for catching fish. It is alleged that at about 11.00 p.m. she got up hearing knocks at the door and aroused P.W. 8 and lighted the lamp and found that these two appellants forced their entry inside the room, breaking open the door and one of them caught hold of her son and the other threatened her with a knife and physically lifted...
Bhaskar Kumar Karan Alias Bhaskar Chandra Karana Vs. State
Court: Orissa
Decided on: Dec-12-2000
Reported in: 2001CriLJ900
P.K. Patra, J.1. This appeal is preferred against the judgment dated 14-10-1993 passed by Shri B. Khadenga, Sessions Judge, Sambalpur in S.T.No. 126/93 convicting the appellant under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for a further period of another two years.2. Briefly stated the prosecution case runs as follows :On 12-2-1993 the Sub-Inspector of Excise, Belpahar (P.W. 4) was performing patrol duty with two Excise constables from Belpahar to Gumadera and getting reliable information that a person was moving with a green cycle having contraband ganja in a brown colour bag, he reached the Gumadera Weekly Market at 4.25 p.m. and found the appellant moving towards the Weekly market riding a green model 'Avon' cycle (M.O.III) and a brown colour bag (M.O.I.) was hanging on the handle...
Saria Sahu and Others Vs. State of Orissa and Others
Court: Orissa
Decided on: Dec-11-2000
Reported in: 2002ACJ278; 91(2001)CLT232; 2001(I)OLR265
A.S. Naidu, J. 1. The legal heirs of the victim who lost his life due to burns sustained from electrocution, by accidentally coming in contact with a sagged 33 K. V. live electric line, filed a petition before this Court for award of compensation. The petition received by post was registered as a writ application and notice was issued to opp. parties. This Court also directed the Government to produce the copy of the enquiry report conducted by the Chief Electrical Inspector, Orissa.2. In response to the notice, an affidavit was filed by the Government, sworn to by the Deputy Secretary to Government of Orissa, Energy Department annexing the report of the Chief Electrical Inspector as well as other connected papers. It was also averred in paragraph 5 of the affidavit that as per the sanction of the Government in the G. A; Department order dated 20-9-95 (vide Annexure-B/1) an amount of Rs. 4,000/- has been disbursed for treatment of late Madha Sahu.3. Perusal of the report submitted by t...
Sabitanjali Pattanaik Vs. Priyabrata Pattanaik
Court: Orissa
Decided on: Dec-11-2000
Reported in: 91(2001)CLT181
Pradipta Ray, J.1. The respondent filed an application under section 13 of the Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion against the present appellant - wife. Originally the case was filed in the First Court of the Subordinate Judge, Cuttack (now Civil Judge, Senior Division). Subsequently upon constitution of the Family Court the said case was transferred to the Family Court, Cuttack and registered as Civil Proceeding No. 65 of 1991. On August 6, 1994 the said case was taken up by the Family Court, The present appellant filed an application for adjoutnment on the grouud of illness. The Family Court rejected the said application and took up the hearing of the case ex parte. The evidence of the present respondent was recorded, and application allowed.2. The respondent-husband in his application has accused the wife of behavioural aberration, like indifference to the husband, children and house-hold affairs, neglect of the husband and his relations...
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