Orissa Court April 2000 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.
Sudhansu Sekhar Sahoo Alias Sudhansu Kumar Sahoo Vs. State
Court: Orissa
Decided on: Apr-21-2000
Reported in: 90(2000)CLT543; 2000CriLJ2896; 2000(I)OLR688
P.K. Patra, J.1. The appellant Sudhansu Sekhar Sahoo alias Sudhansu Kumar Sahoo has been convicted under Section 376, I.P.C. and sentenced to undergo rigorous imprisonment for seven years vide judgment dated 28.4.1994 in S.T. No. 20/9 of 1994 passed by Sk. Jan Hossain, Additional Sessions Judge, Bolangir, The said judgment is under challenge in this appeal.2. The prosecution case briefly stated is as follows :The prosecutrix P.W.1 - wife of P.W. 5 and the appellant are co- villagers, being residents of village Nagaon, P.S. Tusura in the district of Bolangir. On 13.10.1993 morning P.W. 1 accompanied by her husband (P.W. 5) went to the field and while P.W. 5 was cutting grass in the field, P.W. 1 went in another direction to tend cattle. It is alleged that at about 10 P.M. while P.W.I was sitting under a tree, watching her cattle, the appellant came from behind and physically lifted her to a house situated nearby, gagged her mouth and threatened her to murder and committed rape on her. P...
Panchanan Muduli and ors. Vs. State
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000(I)OLR595
P.K. Patra, J.1. The judgment dated 10.2.1993 passed by Sri J.P.Mishra, learned Additional Sessions Judge, Bhadrak in S.T.No. 135/ 48/92 convicting the appellant No. 1-Panchanan Muduli Under Section 324, I.P.C. and sentencing him to undergo R.I. for one month and convicting the appellant No. 2-Hiralal Muduli and appellant No. 3-Jayalal Muduli Under Section 323. I.P.C. and releasing them Under Section 3 of Probation of Offenders Act after due admonition in Court, is under challenge in this appeal. The appellant No. 1 has been acquitted of the charge Under Sections 307/506. I.P.C. and the. appellant Nos. 2 and 3 have been acquitted of the charge Under Sections 307/34, I.P.C.2. The prosecution case briefly stated is as follows :The informant-Narayan Chandra Sahoo (P.W. 1) and the appellants are co-villagers being residents of village Somia under the Bhadrak (B) Police Station in the erstwhile district of Balasore. Appellant No. 1 is the father of appellant Nos. 2 and 3. On 23.12.1990 P.W....
Rabindranath Balliarsingh Vs. State
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000CriLJ2535; 2000(I)OLR612
P.K. Patra, J.1. Appellant Rabindranath Balliarsingh has been convicted under Section 376, Indian Penal Code (for short IPC) and has been sentenced to undergo rigorous imprisonment for eight years by judgment dated 11.6.1993 passed by the learned Sessions Judge. Phulbani in Sessions Case No. 41 of 1992. The said judgment of conviction has been assailed by the appellant in this appeal.2. Prosecution case as revealed in the FIR is as follows : On 13.11.1991 at about 10 a.m. while the victim P.W.I was returning from a rivulet near village Banjamaha under Daringibadi Police Station in the district of Phulbani. after washing her clothes, the appellant dragged her and committed rape on her despite her protest by gagging her mouth with his hand. At that time P. Ws. 2 and 3 happened to pass by that way and seeing them the appellant fled away from the spot The victim narrated the incident to P. Ws. 2 and 3 and after returning to her house narrated the same to her husband (P.W.5). On the next da...
Mrs. Purnima Pattnaik, J.T.O. Vs. Republic of India
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000(II)OLR186
L. Mohapatra, J.1. The petitioner in this application under Section 482 of the Code of Criminal Procedure has questioned the legality of the order dated 14.12.1999 passed by the learned Special Judge (C.B.I.), Bhubaneswar rejecting the application filed under Section 239 of the Cr.P.C. to discharge her of the offences alleged against her and three other accused persons. 2. One Subash Samantray who is also an accused in the said case took up work of laying underground cables from Barbil Exchange to Balani Mines and other ancillary works which is required for the purpose of laying underground cables. On three occasions, 5798 meters of 20 pairs cables were supplied to said Subash Samantray through accused Suresh Chandra Nayak and the present petitioner, who were working as S.D.O. (Telephones) and J.T.O. (Telephones) respectively. The stock register however shows that the two consignment of cables received by the J.T.O. were not handed over to the contractor, namely, accused Subash who onl...
Sarat Alias Sarat Kumar Parida and ors. Vs. Srimanta Baba Kunja Bihari ...
Court: Orissa
Decided on: Apr-21-2000
Reported in: 90(2000)CLT308; 2000(II)OLR205
L. Mohapatra, J. 1. The second party members in a proceeding Under Section 145 of the Code of Criminal Procedure have filed this revision against the order dated 25.6.1997 passed by the Executive Magistrate. Dhenkanal declaring possession of the 1st party member, who is the opposite party in this revision.2. The proceeding Under Section 145, Cr.P.C. was initiated basing on the prosecution report submitted by the O.I.C. of Gandia P.S. The police report disclosed apprehension of breach of peace for possession of land measuring an area of Ac. 0.03 decimal appertaining to plot No. 114/396 under Khata No. 19 of village Natima. After notice to both parties, written statements were filed on behalf of both the parties. The 1 st party, who is the opposite par;ty in this revision in his written statement filed before the learned Magistrate stated that the Sanyasies of Latashram started construction of five rooms over lathe disputed land and the construction had reached upto plinth level. On 1.1....
Smt. Chudamani Patra Vs. State of Orissa and 3 ors.
Court: Orissa
Decided on: Apr-20-2000
Reported in: 2000(I)OLR608
ORDER1. Heard learned counsel for parties2. It appears that petitioner's husband retired on 30.4.1979 and as for a period of 20 years, the post-retirement benefits had not been paid the petitioner, who claims to be his widow, had no other option but to file this writ application on 23.6.1999, after serving a copy thereof upon learned counsel appearing on behalf of the State. Thereafter the case was put up before the Bench after about two months, i.e., on 16.8.1999 on which date two more copies were directed to be served upon learned counsel appearing on behalf of the State to obtain instruction and the case was adjourned for two weeks. Unfortunately the case was listed on 8.3.2000, i.e., after seven months and on the said date we gave a clear cut direction to the State Counsel to file counter affidavit on behalf of the State on the next date fixed in the case.3. On 10.4.2000 learned counsel for the State stated that he had simply received statement of facts, but no counter affidavit co...
Oriental Insurance Co. Ltd. Vs. Veena Sethi and anr.
Court: Orissa
Decided on: Apr-19-2000
Reported in: 2002ACJ843; 90(2000)CLT588; (2001)IIILLJ110Ori
P.K. Misra, J. 1. The insurer has filed this appeal under Section 30 of the Workmen's Compensation Act.2. Claimant-respondent No. 2 filed claim application claiming compensation on account of death of her husband, who was the driver of the truck bearing registration number O.S.S. 5551 belonging to the owner-respondent No. 2. The truck was returning from Ahmedabad to Cuttack via Nagpur. It seems that on the way there was homicidal death of the driver. The claim application was initially filed before the Judge, First Labour Court, Nagpur, but subsequently, the case was transferred to the Commissioner for Workmen's Compensation at Rourkela (in short, the 'Commissioner').3. The owner in her written statement stated that the accident had not arisen out of employment as the workman died on account of homicidal death which has got no connection with employment. The Insurer denied in general its liability.4. The Commissioner found that the deceased was a workman and had died in an accident ari...
Parsuram Mishra Vs. Padmalochan Nayak
Court: Orissa
Decided on: Apr-19-2000
Reported in: 2000(II)OLR27
P.K. Misra, J. 1. The defendant has filed this appeal against a confirming decision.2. Suit was filed for eviction from the disputed house and for realisation of arrear house rent from the month of December, 1995. It is not disputed that the defendant-appellant was a tenant under the plaintiff-respondent in respect of the disputed house. After issuing notice under Section 106 of the Transfer of Property Act (in short, the'T.P.Act'), suit was filed.The defendant in his written statement pleaded that he was not a monthly tenant but he was a yearly tenant and the notice issued by the plaintiff was invalid.3. The trial Court found that the defendant was a monthly tenant and the tenancy was validly terminated by issuing appropriate notice. It was found that the defendant had not paid rent and the plaintiff was entitled to recover the rent at the rate of Rs. 200/- per month from 1st December. 1995. The said decision having been confirmed in appeal, the present appeal has been filed.4. The ma...
Welfare Thrift and Multipurpose Co-operative Society Ltd. and anr. Vs. ...
Court: Orissa
Decided on: Apr-10-2000
Reported in: AIR2000Ori134; 90(2000)CLT560
Mohapatra, J.1. The petitioner in O.J.C. No. 589 of 2000 is a co-operative society registered under the Co-operative Societies Act. The petitioner in O.J.C. No. 1602 of 2000 is a partnership firm. Both the petitioners have challenged the award of a contract in favour of M/s. Jaiswal Ferrous Industries Ltd., described as opposite party No. 4 in both the writ applications.2. The facts leading to filing of the writ applications are that due to non-disposal of materials, such as, condemned unserviceable machinery, automobile scraps, spares and components for crane, shovel and other types of machineries, pipe fitting materials, etc, stored with the Central Stores, Hirakud, the State Government was incurring huge expenditure, that is, about 50 lakhs per annum towards maintenance of stores at Hirakund. Therefore, a decision was taken by the State Government to dispose of all these materials through process of tender and pursuant to such decision, tender call notice No. 1 of 1999-2000 was publ...
Gopa Bariha Vs. Republic of India
Court: Orissa
Decided on: Apr-10-2000
Reported in: 2000CriLJ3591
P.K. Mohanty, J.1. This appeal is by the convict from the jail against the order of conviction and sentence passed by the learned SpecialJudge, Bhubaneswar in T.R. No.9 of 1988 (arising out of CBI/SPE Bhubaneswar Case No.R.C. 10 of 1987).2. The prosecution case in short is that the accused while working as a Sub-Post Master in S. Rampur Sub-Post Office during the period from 1-3-1985 to 28-2-1986 had received a sum of Rs.6,000/- on 12-3-1985 from R.N. Saraf, who had Savings Bank Account bearing No. 2330820 for depositing the same in his Savings Bank Account and made relevant entry in the pass book of the account holder and misappropriated the said amount without accounting for the same in the postal account maintained in S. Rampur S.P.O. One A.K. Sahu, who had a Savings Bank Account bearing No. 2331344 in S. Rampur S.P.O. had deposited a sum of Rs.1,200/- on 7-6-1985 and a sum of Rs.600/- on 16-10-1985 with the accused for depositing the same in his aforesaid Savings Bank Account and t...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »