Orissa Court March 2000 Judgments
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Bhubaneswar Dharua and anr. Vs. Kaibalya Marei and Two ors.
Court: Orissa
Decided on: Mar-13-2000
Reported in: 2000(I)OLR539
ORDERP.K. Tripathy, J.1. Heard learned counsel for the petitioners. None appears for the opposite parties in spite of notice.2. The 1st party in Criminal Misc. Case No. 139 of 1985 of the Court of Executive Magistrate, Sambalpur have preferred this revision challenging the judgment dated 1.2.1996 of the Additional Sessions Judge, Sambalpur passed in Criminal Revision No. 56/3 of 1994-95. The aforesaid case was a proceeding under Section 145, Cr.P.C. On 8.6.1994 learned Executive Magistrate passed the final order declaring possession of the 1st party over the disputed case land measuring an area of Ac. 4.32 decimals in eight plots under M.S. Khata No. 247 of village Lapanga under Katarbaga Police-station in the district of Sambalpur. The 2nd party/opposite party challenged that order in the Court of Sessions and learned Additional Sessions Judge while upholding possession of the 1 st party quashed the order of learned Executive Magistrate on the ground that in evidence 1st party made a ...
Chhatar Bhumij Vs. State
Court: Orissa
Decided on: Mar-10-2000
Reported in: 90(2000)CLT14; 2000(I)OLR451
B.N. Agrawal, C.J.1. The sole appellant (hereinafter referred to as the 'accused') has been convicted by the trial Court Under Section 307 of the Indian Penal Code, 1860 (in short, 'I.P.C') and sentenced to undergo rigorous imprisonment for a period of seven years.2. Prosecution case, in short, is that on 26.3.1995 at about 4 a.m. the accused assaulted the inforrnant,-P.W.1's father (Pahadi Bhumij) examined as P.W. 5, his sister Mani Bhumij (P.W. 6) and motherjateswari Bhumij (P.W.9) with tangi while they were sleeping on the yarandah of the house. On hearing hullah, the neighbours arrived and found that the aforesaid persons were injured and lying on the ground in an unconscious condition with bleeding injuries. Thereafter the neighbours rushed to give, information to the inforrnant, who upon receipt of information came to the place of occurrence and found that the aforesaid three members of the family were lying on ground with bleeding injuries. The said three injured persons narrate...
Jagadamba Agency Pvt. Ltd. Vs. Ambuja Cement Eastern Ltd. and ors.
Court: Orissa
Decided on: Mar-09-2000
Reported in: AIR2000Ori119; 89(2000)CLT655
ORDERP.K. Misra, J.1. This application has been filed under Section 11 of the Arbitration & Conciliation Act, 1996. After appearance objection has been filed on behalf of the opposite parties. The opposite parties have raised a preliminary objection relating to jurisdiction of this Court to entertain the petition. They have relied upon Clause 11 of the Agreement which has been filed as Annexure-1 to the petition. Clause 11 states that 'all cases of action arising out of under this agreement shall be subject to the jurisdiction of Courts situated in Calcutta only'.2. The learned counsel appearing for the petitioner places reliance on the decision of this Court reported in AIR 1987 Orissa 34, Ajanta Enterprisers v. Hoechst Pharmaceutical Ltd. In the aforesaid decision. Clause 7 of the Agreement was as follows : 'All disputes arising out of this agreement shall, falling arbitration, be litigated in Courts having jurisdiction in greater Bombay.'Interpreting this clause, it was observed tha...
Jainarayan Naik Alias Kamal Lochan Naik Vs. State
Court: Orissa
Decided on: Mar-09-2000
Reported in: 2000(I)OLR529
P.K. Patra, J.1. The appellant has been convicted Under Section 302, Indian Penal Code (for short 'I.P.C.') and sentenced to undergo R.I. for life in S.T.No. 200 of 1991 by the Sessions Judge, Sambalpur vide his judgment dated 25.9.1992 which has been assailed in this appeal.2. The prosecution case briefly stated, is that on 14.7.1991 at 5.30 p.m. the informant, Bimbadhar Sahoo while standing in front of his house, found Prakash Naik (P.W. 1), brother of the appellant crying and running towards the village and to his querry informed that the appellant had killed his father by means of a tangia (axe). At that time Dukhabandhu Naik (P.W.4) (uncle of Prakash) arrived there and was informed about the above fact. P.Ws. 1,4 and the first informant accompanied by some other villagers went to the house of the deceased Sukhadev Naik and found his dead body lying on a charpoy with bleeding injury on his neck. They also found an axe, stained with blood, near the head of the deceased. It is allege...
Gopal Krishna Badu Mohapatra and Others Vs. Girish Chandra Naik and Ot ...
Court: Orissa
Decided on: Mar-07-2000
Reported in: 91(2001)CLT292(NULL)
B.P. Das, J.1. This writ petition arises out of an order passed by the District Judge, Puri, in C. R. No. 56 of 1999 confirming the order of the Addl. Civil Judge (Senior Division), Puri, in O. S No. 90/211 of 1981/1977-1 in rejecting three petitions filed by the petitioners, namely, (1) to call for an unregistered will from the Court of the Civil Judge (S. D.). Puri, which has been kept in a sealed cover in the office of the District Judge, Puri, in Probate Case No. 1/85, re-numbered as O. S. No. 116/88; (2) to direct the Sub-Registrar, Puri, to cause production of the registered sale deeds bearing No. 4697 dated 18-11-1955 and No. 4698 dated 18-11-1973 and (3) to direct the plaintiffs to produce the registered sale deed bearing No 2578 dated 29-6-1923 executed by Rani Hemanta Kumari Devi, which is in possession of the plaintiffs.2. The trial court after hearing parties rejected the first petition to call for the will on the ground that the same has no bearing on the subject-matter of...
Purna Chandra Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-07-2000
Reported in: 89(2000)CLT661; 2000(I)OLR433
B.P. Das, J.1. This is an application for habeas corpus under Article 226 of the Constitution of India challenging the order of detention dated 3.10.1999 passed by the District Magistrate, Sundargarh, Under Section 3(2) of the National Security Act, 1980 (in short 'the Act') vide Annexure-6 and its approval by the State Government vide Annexure-13.2. The case of the petitioner is that he is presently a Councillor representing Ward No. 9 of Rajgangpur Municipality for the second time and is an active worker of Biju Janata Dal in the district of Sundargarh. He has associated himself with many social and health programmes for the larger interest of the people of the society being the member of the Pulse Polio Immunisation Co-ordination Committee and the National Leprosy Elimination Campaign Programme within Rajgangpur municipal areas. He is also a member of the Finance Committee of the Municipality. He is also associated in construction and trading business having a turnover of more than ...
Smt. Priti Dash Vs. Abhimanyu Behera and ors.
Court: Orissa
Decided on: Mar-06-2000
Reported in: AIR2000Ori116
ORDERB.P. Das, J.1. This revision application arises out of an order passed by the Additional District Judge, Bhubaneswar, vacating the order of injunction passed by the Civil Judge (Senior Division), Bhubaneswar.2. The petitioner has filed T. S. No. 541/99 in the Court of the learned Civil Judge (S.D.), Bhubaneswar, alleging therein that she was a permanent employee of the Kalinga Law College, Bhubaneswar, and opposite party No. 1, the Principal, falsely posing himself as the Secretary of the said college, illegally terminated her service. Petitioner's further case is that there was no legally constituted Governing Body to manage the affairs of the college and the existing Governing Body had no jurisdiction to terminate her service. With the aforesaid background, the petitioner, who is the plaintiff in the trial Court, has prayed for a declaration that the order terminating her services is illegal. She has also prayed for a permanent injunction against the present O.P. No. 1 restraini...
Bhikari Charan Awasti Alias Bhiku and anr. Vs. State of Orissa
Court: Orissa
Decided on: Mar-03-2000
Reported in: 2000CriLJ2642; 2000(I)OLR571
L. Mohapatra, J.1. This is an application Under Section 439 of the Code of Criminal Procedure ('Cr.P.C.' for short) for grant of bail.2. As it appears charge-sheet has been submitted Under Section 302/34, I.P.C. and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioners. The petitioners filed an application before the Special Judge, Sundargarh, Under Section 167(2). Cr.P.C. stating that they were arrested on 15.7.1999 and the final form (charge-sheet) had been submitted in the Court of S.D.J.M., Sundargarh on 8.1 1.1999 against both the petitioners. The application was moved on the ground that the charge-sheet having not been submitted in the Court having jurisdiction and competent to take cognizance of the offences, they were entitled to the benefit of proviso to Section 167(2) of Cr.P.C. The said application was filed on 19.11.1999. The learned Special Judge, Sundargarh, called for the records in G.R. Case No. 340 of 1 999 ...
Smt. Tulasi Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-02-2000
Reported in: AIR2000Ori103; 90(2000)CLT176
Pradipta Ray, J. 1. In 1994 the writ petitioner was appointed a sub-wholesaler in Kerosene and was granted a licence under the Orissa Kerosene Control Order, 1962. Initially, the petitioner was permitted to lift 9200 litres of kerosene, but subsequently she was allowed to supply kerosene to 19 retailers of four Gram Panchayats, namely, Ayoba, Purusottampur, Kansar and Ostopur and the quota came to be raised to 15,000 Litres. The petitioner's licence under Kerosene Control Order has been renewed from time to time and the licence is valid till 31st March, 2000. On January 3, 2000 suddenly the Collector appointed opp. party No. 5 as sub-wholesale dealer for the Grama Panchayats Ayoba and Purusottampur and the area of operation of the petitioner has been reduced to two Grama Panchayats, namely; Kansar and Ostopur. Under the said order the monthly quota of the petitioner has come down to 9260 litres. The petitioner has challenged the said appointment of opp, party No. 5 and consequent reduc...
Sasibhusan Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-02-2000
Reported in: AIR2000Ori95
L. Mohapatra, J.1. Sri Sashibhusan Das, a practising Advocate and a resident of Cuttack has filed this writ application as public interest litigation challenging inter alia the decision or the State Government to shift the Headquarters of the Orissa State Selection Commission (hereinafter referred to as the 'Commission') from Cuttack to Bhubaneswar and the allotment of accommodation for locating the Headquarters of the Commission (Annexures 2 and 3). The main allegations in support of the challenge are that there is no public interest or genuine administrative reason behind the impugned decision of shifting and the said impugned decision has been taken mechanically on the basis of proposals initiated in 1998 by the then Chairman of the Commission and its Secretary for their personal interest and that the purported Government decision is not a decision of the Government in law inasmuch as such decision has not been taken by the Cabinet in accordance with the rules of business.2. The opp...
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