Orissa Court May 2000 Judgments
Santosh Kumar Mohanty Vs. Brajabandhu Mohanty and ors.
Court: Orissa
Decided on: May-23-2000
Reported in: 2001CriLJ1618
ORDERL. Mohapatra, J.1. This revision has been filed at the instance of the informant challenging the order dated 1-12-1994 passed by the Assistant Sessions Judge, Bhubaneswar, acquitting the accused-opposite parties.2. Shri A. Mohanty, learned counsel appearing for the petitioner, submits that on 6-10-91 the accused-opposite parties armed with deadly weapons entered inside the house of the informant and assaulted the uncle of the informant. On the basis of the F.I.R. lodged by the informant, investigation was taken up and charge-sheet was submitted for offence committed Under Section 307/34, IPC. After commitment of the case to the Court of Session, charge-sheet was framed and summons were issued to the witnesses for appearing in the court. Shri Mohanty further submits that short adjournments were granted by the learned Assistant sessions Judge for which attendance of prosecution witnesses could not be possible and learned Assistant sessions Judge recorded an order of acquittal. Accor...
Tag this Judgment!Sadhu Charan Nayak Vs. Sanatan Tripathy
Court: Orissa
Decided on: May-12-2000
Reported in: 91(2001)CLT24
B.P. Das, J. 1. This revision application is directed against the order passed by the learned District Judge, Dhenkanal in litle Appeal No. 45 of 1996 wherein the learned Appellate court has rejected the application filed by tbe petitioner under Order 26, Rule 9 of the Code of Civil Procedure (in short 'the Code') praying to depute a survey knowing commissioner for local investigation to ascertain the actual possession and the corresponding link between the suit land and the purchased land of the defendant - respondent. 2. The case of the petitioner is that the entire dispute centres round the identity of the plots and at the time of trial of the suit, the learned trial court without making any endeavor to have an identity of the plots conspicuous, dismissed the suit. It was submitted by the learned counsel for the petitioner that plot Nos. 214 and 216 situate to the north and south respectively of plot No. 215 and those plots formed a compact patch. The opposite party purchased a port...
Tag this Judgment!Bulani SwaIn Vs. Land Acquisition Collector, M.C.i.i. Project, Zobra, ...
Court: Orissa
Decided on: May-12-2000
Reported in: 91(2001)CLT208
P.K. Misra, J.1. This revision has been filed under section 115 of the Code of Civil Procedure read with section 18 of the Land Acquisition Act (hereinafter referred to as the 'Act'), challenging the order of the Land Acquisition Collector rejecting the application of the petitioner for making a reference to the Civil Judge (Senior Division), The application has been rejected solely on the ground that the petitioner had received the land acquisition award without protest. In the petition under section 18 of the Act it had been indicated that the award had been received under protest., In the civil revision petition it is stated that the petitioner orally protested at the time of receiving the award. It has been submitted by the counsel for the petitioner that at the time of considering the application under section 18 of the Act, the Land Acquisition Collector did not afford any opportunity of hearing to the present petitioner and if any such opportunity would have been given, the peti...
Tag this Judgment!General Manager, South Eastern Railway Vs. Smt. Deptymayee Jena and an ...
Court: Orissa
Decided on: May-12-2000
Reported in: 2002ACJ203; AIR2000Ori138; 2000(II)OLR4
P.K. Misra, J.1. The General Manager, South Eastern Railway has filed this appeal under Section 23 of the Railway Claims Tribunal Act (hereinafter referred to as the 'Act'), challenging the decision of the Railway Claims Tribunal, Bhubaneswar, awarding a sum of Rs. 2,00,000/- as compensation to the widow and two children of the deceased-Rabindra Nath Jena.2. . Claim application was filed by the widow of the deceased herself as well as on behalf of her children on the allegation that her husband, Rabindra Nath Jena, while travelling from Balikuda-Gopalpur to Bhubaneswar by DMU-1 on 25-10-1997 fell down from the train and subsequently died on account of the injuries sustained in the untoward incident.3. Initially, the Tribunal had awarded a sum of Rs. 2,00,000/- and the matter was taken to the High Court in M.A. No. 375 of 1998 which was allowed on 7-12-1998 and the matter was remanded to the Claims Tribunal for fresh disposal. Thereafter, after receiving further evidence the Tribunal on...
Tag this Judgment!Padmalochan Panda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-2000
Reported in: 2000(I)OLR641
Pradipta Ray, J. 1. The President and four other Directors of Balasore Central Co-operative Bank Ltd. (under suspension) have filed this writ application challenging the legality and propriety of the order dated April 10, 2000 passed by the Registrar, Cooperative Societies, Orissa in exercise of its power under Section 32(7) of the Orissa Cooperative Societies Act, 1962 (hereinafter referred to as to the 'Act') suspending the Committee of Management of the District Central Co-operative Bank Ltd., Balasore (hereinafter called as the 'Bank') and appointing the Deputy Registrar of Co-operative Societies, Balasore Division to manage the affairs of the said Bank in its place.2. Mr. Acharya, learned Advocate appearing for the petitioners has mainly urged the following grounds assailing the impugned order of suspension :(i) The impugned order does not disclose the necessary satisfaction or formation of opinion as is required for the purpose of invoking the extraordinary power given under Sect...
Tag this Judgment!Manorama Mohapatra (Smt.) and ors. Vs. Collector and ors.
Court: Orissa
Decided on: May-12-2000
Reported in: 90(2000)CLT206; (2000)IILLJ1023Ori; 2000(I)OLR662
R.K. Patra, J.1. This is a writ petition registered on the basis of a fax message which was received by the Hon'ble the Chief Justice on May 4, 2000. There are six signatories to the said message. Affidavits affirmed by Ms. Manorama Mohapatra, Sangram Keshari Mishra and Netra Mohan Satpathy have been filed on May 10, 2000 admitting that on May 4, 2000 such a fax message was sent by them. The matter came up on May 5, 2000 for admission before a Bench consisting of the Hon'ble the Chief Justice and one of us (Hon'ble R.K. PATRA, J.). On that day the following order was passed.'Put up this matter again under the same hearing on Tuesday (May 9, 2000) to enable the employees' union to file counter-affidavit in regard to facts stated in the two fax messages sent to this Court. Learned State Counsel shall also file an affidavit in regard to the facts stated in the aforesaid fax messages sent to this Court. Sri G.P. Mohanty, learned Counsel appearing on behalf of the employees' union stated th...
Tag this Judgment!Purna Chandra Suar Vs. State of Orissa
Court: Orissa
Decided on: May-12-2000
Reported in: 90(2000)CLT520; 2001(73)ECC672; 2000(II)OLR321
P.K. Patra, J.1. The appellant has challenged the judgment dated 12.7.1996 passed by Shri P. C. Patro, Sessions Judge, Puri in S.T. No. 18 of 1994 convicting him under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000.00 in default to undergo rigorous imprisonment for further period of six months.2. Prosecution case runs as follows :On 15.1.1994 at about 9 p.m. while the S.I. of Town Police Station. Puri (P.W.2) accompanied by another S.I. of the said Police Station (P.W.5) and Havildar (P.W.4) proceeded to Para Nolia Sahi for investigation of Town P.S. Case No. 3/94, on the way found the appellant coming from the opposite direction. P.W.2 detained the appellant on suspicion and interrogated him. After observing the formalities of search, he searched the person of the appellant and recovered a paper packet containing heroin, one twent...
Tag this Judgment!Krushna Chandra Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-2000
Reported in: 2000(II)OLR1
B.N. Agrawal, C.J. 1. This application has been filed for issuance of a writ of habeas corpus after quashing the order of detention of son of the petitioner passed on1.9.1999 under Section 3(2) of the National Security Act. 1980 (in short, the 'Act') by the District Magistrate, Jagatsinghpur (hereinafter referred to as the 'detaining authority') contained in Annexure-1 and the order dated 12.9.1999 passed by the State Government approving the same contained in Annexure-3.2. As the writ application is bound to succeed on a short point, as such it is not necessary to state the facts. It has been stated in the writ application that son of the petitioner (hereinafter referred to as the 'detenu') submitted two representations on 30.9.1999 before the jail authority, one for being forwarded to the State Government and the other to the Central Government. Both the representations were sent through the concerned District Magistrate on the same day for being forwarded to the aforesaid two Govern...
Tag this Judgment!Bholeswar Sahu and anr. Vs. Rama Ch. Behera and anr.
Court: Orissa
Decided on: May-12-2000
Reported in: 90(2000)CLT294; 2000(II)OLR14
P.K. Misra, J. 1. Defendant 2 and 3 are the petitioners. Plaintiff-opposite parties 1 and 2 filed Title Suit No. 79 of 1997 in the Court of the Civil Judge (Senior Division), Angul, for declaration that the sale deed dated 22.6.1994 executed by defendant No. 1 in favour of defendant No.3 is null and void and for permanently injuncting defendants 2 and 3 from coming over the disputed plot and restraining them from making any further construction over the disputed plot and other reliefs. The disputed land is Ac,0.20-.decimals from the middle portion of southern side of Ac.0.67 decimals in plot No.292, Khata No.281. The two plaintiffs and defendant No.1 are three brothers. It is claimed in the plaint that the plaintiffs and defendant No. I succeeded to the disputed plot No.292 after death of their parents. It is further claimed that the said property is the joint family property and there has been no partition by metes and bounds and for convenience, the plaintiffs have constructed a resi...
Tag this Judgment!Laxmidhar Pradhan Vs. State of Orissa
Court: Orissa
Decided on: May-12-2000
Reported in: 90(2000)CLT488; 2000CriLJ4838; 2001(75)ECC28; 2000(II)OLR353
P.K. Patra, J.1. The appellant has challenged the judgment dated 28.2.1994 passed by Shri B. K. Patel, 2nd Additional Sessions Judge, Puri in S.T. No. 32/273 of 1992 convicting the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000.00. in default, to undergo rigorous imprisonment for a further period of one year.2. Prosecution case runs as follows :On 19.4.1992 the Sub-Inspector of Excise (Mobile), Bhubaneswar (P.W.3) was performing patrol duty with A.S.I. of Excise (P.W.2) and some excise constables in Banpur area and received information that the appellant was selling opium in the market area. Therefore, he waited in the market area. At 4.45 p.m. the appellant came to Bisarapatna crossing and purchased betel from a betel shop and stood there. P.W.3 interrogated the appellant and observing formalities of search, he took personal ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »