Orissa Court December 2000 Judgments
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Bijay Kumar Behera and Others Vs. State of Orissa and Others
Court: Orissa
Decided on: Dec-11-2000
Reported in: AIR2001Ori164; 91(2001)CLT249; 2001(I)OLR168
A.S. Naidu, J.1. Petitioners are the inhabitants of different villages under Purushottampur Gram Panchayat of Balasore district. They have filed the present writ application, inter alia, challenging the Notification dated 5-9-95 (Annexure-9) issued by the Government of Orissa, Panchayati Raj (G. P) Department directing that the office, and headquarters of the Grama Sagan of Giaroa 'Purushottampur' in Basta Block of Balasore district constituted under the notification of the Government in Panchayati Raj (G P.) Department No. 6881 dated the 25th March, 1992 shall be situated in village 'Purushottam-pur' within the limits of the said Grama,2. The dispute has a chequered career inasmuch as this is the third writ application filed before this Court. Bereft of all the unnecessary details, the short facts of the case are that initially under Basta Block, there was a Grama Panchayat called as 'Natakata Grama Panchayat'. The State Government taking into consideration the geographycal condition ...
Nabakishore Behera Vs. Bhagabat Naik and Others
Court: Orissa
Decided on: Dec-11-2000
Reported in: 91(2001)CLT347; 2001(I)OLR69
B.P. Das, J.1. This revision at the behest of an informant is directed against the order dated 18th June, 1996 passed by the Sessions Judge, Cuttack, in S. T. Case No. 133 of 1995; acquitting the accused-opposite parties 1 to 5 who were facing trial for the offences under sections 302/341 read with section 34, I. P. C..2. The case of the prosecution in brief is that on 27-5-1994 the buffaloes belonging to the deceased Gangadhar Behera, his brother and father damaged the brinjal crop of the accused persons. The deceased Gangadhar was tending the buffaloes. The accused persons got annoyed and forcibly took the buffaloes and Gangadhar to Kainjori Gadia, i. e. the tank of village Amantia, and all the accused persons dealt lathi blows on the deceased Gangadhar. Accused Babuli Nayak specifically dealt a bamboo lathi blow on the head of the deceased where after, he fell down. Then accused-Sarat and Baidhar lifted Gangadhar and dipped him inside the tank. The occurrence was witnessed by Naba K...
Ranjit Kumar SwaIn Vs. Director, Central Rice Research Institute and O ...
Court: Orissa
Decided on: Dec-11-2000
Reported in: 91(2001)CLT383
B.P. Das, J.1. This application under Articles 226 and 227 of the Constitution of India is directed against the order dated 4-9-1998 passed by the Central Administrative Tribunal. Cuttack Bench, Cuttack, in O. A. No. 572 of 1997.2. The brief facts leading to this application, as it reveals from the record, are as follows :--The petitioner has passed Intermediate in Arts and possessed Hindi Typewriting qualification. A requisition was sent by the Director, Central Rice Research Institute, o. p. No.1,to the District Employment Officer. o.p. No. 2, vide letter dated 25-10-1995, Annexqre-A/1 to the Counter affidavit, to sponsor candidates for filling up one vacancy in the post of Junior Clerk (Hindi Typist) and the candidates should have Hindi as one of the subjects in the Matriculation examination and should have knowledge in Hindi type-writing. In response to the above letter, as sufficient candidates were not available o. p. No. 2 sponsored only one candidate having the requisite qualif...
Masang Kisku Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2000
Reported in: 91(2001)CLT565; 2001CriLJ1633; 2001(I)OLR188
B. P. Das, J. 1. This appeal is directed against the judgment and order dated 24-3-1993 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 38 of 1992 thereby convicting the appellant, Masang Kisku under section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life.2. The present appellant along with accused Furmal Kisku faced trial under section 302 read with section 34, J. P. C. . The trial court, however, acquitted Furmal Kisku of the charges but convicted and sentenced the appellant as aforesaid.3. The prosecution case in brief is that on 23-11-1991 during morning hours the bullocks of Gunal Kisku the husband of the decaased Jhana, damaged the brinjal plants of the accused persons at village Andher Jheri. The accused while reprimanding Gunal Kisku, there was a quarrel and the accused persons assaulted Gunal Kisku. Mahi Tudu, the sister of Gunal Kjsku, on getting information regarding the assault on Gunal Kisku came to the house of Gunal Ki...
Giria @ Giridhari Parida and Others Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2000
Reported in: 91(2001)CLT639; 2001(I)OLR254
B.P. Das, J.1. This revision application is directed against the order dated 23-10-1993 passed by the learned Addl. Sessions Judge, Nayagarh in S. T. Case No. 96/23/150 of 1997-96 whereby accused Niranjan Mohapatra has been considered as an accomplice for commission of the offences punishable under sections 376(2)(g), 302/201 read with section 34, I. P. C. .2, The accused Niranjan Mohapatra, was the brother of the deceased Namita, and was made an accomplice in the aforesaid case. His statement was also recorded under section 164, Cr. P. C.. According to learned Addl. Sessions Judge, said statement of Niranjan Mohapatra was ex-culpatory and on scrutinising the evidence on record, learned Addl. Sessions Judge found that the said Niranjan Mohapatra had no involvement in the alleged crime, but only took part in cremating the deadbody of Namita, who was no other than his sister. For this, he was charge-sheeted under sections 201/34, I.P.C.. Neither the investigating agency made any effort t...
Tata Sponge Iron Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-11-2000
Reported in: 2001(I)OLR99; [2001]122STC354(Orissa)
A.S. Naidu, J.1. The petitioner, a public limited company engaged in the business of manufacture and sale of sponge iron at a place called 'Bileipada' in Birikala Panchayat under Joda Panchayat Samiti in the district of Keonjhar, has filed the present writ application, inter alia, praying as follows :(a) Issue a writ in the nature of mandamus/certiorari directing the opposite parties to produce all necessary papers/documents for declaring pioneer industries and in connection with annexures 1 and 2 so that they can be examined and direction can be passed to declare the petitioners as a pioneer industry and also to refund the money collected as sales tax from the petitioner-company and to quash the annexures 1 and 2, if necessary :(b) Issue a writ in the nature of mandamus directing the opposite parties to produce all necessary documents in connection with annexures 5 and 6 so that they can be examined and if necessary shall be quashed ;(c) Issue any other appropriate writ and/or order a...
Saudamini Lenka @ Mohapatra Vs. Khageswar Lenka
Court: Orissa
Decided on: Dec-06-2000
Reported in: 91(2001)CLT804; 2001(I)OLR42
ORDER1. The appellant-wife has filed the aforesaid appeal under section 19 of the Family Courts Act, inter alia, challenging the decree of divorce passed under section 13 of the Hindu Marriage Act read with section 7 of the Family Courts Act by the Judge, Family Court, Cuttack in Civil Proceeding No. 127 of 1997.2. Several grounds were urged by the appellant challenging the aforesaid decree. However, in view of the fact that we are going to dispose of the appeal on point of law, we do notfeel called upon to go into the disputed questions of facts, lest the same may prejudicially affect the subsequent litigation, if any.3. Admittedly respondent-husband married the appellant according to Hindu caste-customs and rites prevailing in the society on 19-5-1996. It appears that dissensions cropped up between the parties soon after the marriage culminating in filing of a petition under section 13 of the Hindu Marriage Act by the husband. The said petition was filed on 5-5-1997.4. Section 14 of ...
Laxman Singh and 3 ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-05-2000
Reported in: 2001(I)OLR76
ORDERP.K. Tripathy, J.1. Accused persons in G.R. Case No. 1707 of 1999 of the Court of Sessions Judge-cum-Special Judge, Sundargarh have challenged legality and correctness of the order dated. 24.8.2000.2. The undisputed fact is that petitioners have been arrayed as accused in the aforesaid G.R. Case where the offences complained are Under Section 7 of the Essential Commodities Act, 1955 and Under Section 420,1.P.C. when the investigation could not be completed within a period of six months from the date of arrest of the petitioners, an application under Sub-section (5) of Section 167, Cr.P.C. was moved before the Special Judge to issue direction to stop further investigation. That application was rejected on the ground that offence Under Section 420, I.P.C. being punishable with imprisonment for seven years and fine, the provision in Sub-section (5) of Section 167, Cr.P.C. may not be applicable in this case.3. It appears that though learned Public Prosecutor participated in the hearin...
State of Orissa and Other Vs. Janaki Sahoo and Others
Court: Orissa
Decided on: Dec-04-2000
Reported in: AIR2001Ori112; 91(2001)CLT113
B. P. Das, J. 1. The State of Orissa represented by the Collector and the Tahasildar of Puri have preferred this appeal being aggrieved by the order dated 15-5-1999 passed by the Civil Judge (Senior, Division), Puri on an application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure, in short 'C. P. C.' registered as Misc. Case No. 292 of 1998 arising out of T. S. No. 220 of 1997, inter alia directing them to restore back the possession of the suit land to the respondents and further restraining them not to interfere with the possession of the respondents over the suit land and not to change the nature and character of the same during the pendency of the suit.The brief facts leading to this appeal are as follows .--Respondent Nos. 1 to 57 are the plaintiffs in Title Suit No. 220 of 1997 before the learned Civil Judge (Senior Division), Puri and the aforesaid suit has been filed, inter alia, for a declaration that the plaintiffs have acquired title to the suit property ...
Subash Chandra Mishra Vs. the Republic of India and anr.
Court: Orissa
Decided on: Dec-04-2000
Reported in: 2001CriLJ876; 2001(I)OLR1
B.P. Das, J.1. This revision application is directed against the order dated 3.5.2000 passed by the Addl. Chief Judicial Magistrate, C.B.I., Bhubaneswar. in S.P.E. Case No. 4 of 1997 rejecting petitioner's application to discharge him from the charges framed against him Under Sections 498A and 506, IPC read with Section 4 of the Dowry Prohibition Act.2. The petitioner challenges the impugned order on the ground that the charge-sheet so submitted and the materials presented before the Court. if taken in their entirety, would go to show that no case has been made out against the petitioner and the allegation of the prosecution is inherently improbable. In this case, notice having been issued on 12.7.2000, Shri Sanjit Mohanty entered appearance on behalf of the opposite party-C.B.I. Thereafter on 23.8.2000 Smt. Anjana Mishra, the informant and the wife of the accused- petitioner, filed a petition for intervention (Misc. Case No. 685 of 2000) which was allowed on 19.9.2000 and she has been...
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