Orissa Court May 2000 Judgments
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Subrata Kumar Dash Vs. Pradeep Kumar Sen
Court: Orissa
Decided on: May-12-2000
Reported in: 2000CriLJ3614
ORDERL. Mohapatra, J.1. These three revisions were taken up together for hearing and are being disposed of by this common judgment, in view of the fact that the petitioner in all the three cases is the same person and points of law involved are also the same.2. Criminal Revision No. 28 of 1996 has been filed challenging the order dated 5-1-96 passed by the learned S.D.J.M., Bairangpur in ICC No. 75 of 1994 (T.C. No. 481/94) rejecting the prayer of the petitioner for dropping the proceeding on the ground that the mandatory requirements of Section 136 of the Negotiable Instruments Act have not been complied with. On similar grounds applications were also filed in ICC No. 74 of 1994 pending in the same Court which has given rise to Criminal Revision No. 29 of 1996 and in ICC No. 77 of 1994 of the same Court giving rise to Criminal Revision No. 30 of 1996. The impugned orders in all the three cases have been passed on the same date.3. In Criminal Revision No. 28 of 1996, the case of the co...
Arjun Gochhayat Vs. State
Court: Orissa
Decided on: May-12-2000
Reported in: 2000(72)ECC741
ORDERP.K. Patra, J.1. The appellant has challenged the judgment dated 4.12.1998 passed by Shri J.P. Misra, Additional Sessions Judge, Bhadrak in ST. Case No. 18/3 of 1993 convicting the appellant Under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (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 a further period of one year.2. Prosecution case runs as follows:On 30.8.1992 the S.I. of Excise, Chandbali (P.W. 4) was performing patrol duty at village Naikanidihi under Chandbali Police Station in the District of Bhadrak alongwith the Executive Magistrate (P.W. 3) and A.P.R. Force. At that time he got information that the appellant was possessing contraband articles in his house at Naikanidihi. Hence P.Ws. 3, 4 and the A.P.R. Force went to the house of the appellant and conducted search after observing the formalities of searc...
Ladu Kishore Choudhury Vs. State of Orissa
Court: Orissa
Decided on: May-11-2000
Reported in: 91(2001)CLT245; 2000CriLJ3617
L. Mohapatra, J.1. The petitioher has been convicted under section 279 read with 304A of the Indian Penal Code and has been sentenced to imprisonment for a period of two years for the offence punishable under section 279 of the I. P. C. and imprisonment for a period of four months for the offence punishable under section 304A. of the I. P. C. 2. Case of the prosecution is that on 6-12-1989 at about 3.30 p. m. a truck bearing registration No. OAX-137 loaded with bricks came from the Mancheswar villlage towards N. H. 5 in a high speed dashed against one Rinku (deceased), daughter of the informent infront of the confectionary shop of one Baikuntha Prusty causing instantaneous death. The accident took place in between the road leading to Kuakhai colony and village Mancheswar. The F. I. R. was lodged by the father of the deceased (p. w. 1) and after completion of investigation charg-sheet was submitted and the petitioner faced trial for the offences committed under the aforesaid provisions ...
Dasarathi Sahu and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-11-2000
Reported in: 90(2000)CLT45; 2000CriLJ4812; 2000(II)OLR33
L. Mohapatra, J. 1. Both the petitioners having been convicted under Section 16(l)(c) of the Prevention of Food Adulteration Act. 1954 (.'the Act' for short) and sentenced to imprisonment and fine, have approached this Court in this revision after their appeal before the learned Additional Sessions Judge. Bolangir, was dismissed. By order dated 21.4.1993 this revision has been dismissed so far as petitioner No. 2 is concerned and the learned counsel for petitioners has pressed this revision only for petitioner No. 1.2. The case of the complainant is that at the relevant time he was working as Food Inspector, Bolangir. Petitioner No. 2 has a retail grocery shop at village Rajamunda where he stores edible oil, spices, cereals. pulses, etc. for sale. Being directed by the Chief District Medical Officer. Bolangir, on the basis of complaint made by one Kunu Bhoi, the complainant inspected the shop of petitioner No. 2 on 25.5.1989 at about 11.30 a.m. At the relevant time petitioner No. 1 was...
Union of India (Uoi) and ors. Vs. Kathi Bewa and ors.
Court: Orissa
Decided on: May-10-2000
Reported in: 90(2000)CLT305; 2000(II)OLR9
P.K. Misra, J. 1. This civil revision at the instance of some of the defendants is directed against the order of the trial Court admitting certain documents as evidence.2. Learned counsel appearing for the petitioners has submitted that the documents are inadmissible and cannot be utilised for any purpose and, as such, the trial Court has committed material irregularity in exercise of its jurisdiction by admitting such documents.3. Relevant provisions contained in Section 115 of the Code of Civil Procedure (in short, the 'C.P.C.') are extracted hereunder:'115. Revision.(1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears -(a) to have exercised a jurisdiction not vested in it by law. or(b) to have failed to exercise a jurisdiction so vested or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.the High C...
Hemanta Kumar Nayak and 7 ors. Vs. State of Orissa
Court: Orissa
Decided on: May-09-2000
Reported in: 90(2000)CLT338; 2000CriLJ3267; 2000(I)OLR652
P.K. Tripathy, J.1. This application Under Section 438 of the Criminal Procedure, 1973 (in short, 'the Code') has been filed by eight petitioners. It is the admitted position that by the date of application i.e., 1 8.2.1998 charge-sheet in the case had already been submitted, inter alia, against petitioners 1, 5, 6 and 7 showing each of them as absconders. It is also the admitted position that charge-sheet was not submitted against petitioners 2, 3,4 and 8. As it reveals from the case diary, on 31.12.1997 the investigating officer made the endorsement that he submitted the charge-sheet on that date for the offences Under Sections 147, 148, 323, 325, 379, 506/149. IPC. The aforesaid bail application as well as the investigation relates to G.R. Casc No. 2347 of 1997 of the Court of S. D. J. M., Bhubaneswar arising out of Balipatna P.S. Case No. 112 of 1997.2. Mr. S.S. Das, learned counsel appearing for the petitioners argued for considering the prayer for anticipatory bail of the aforesa...
Ab (Name Withheld), Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-09-2000
Reported in: 2000CriLJ3126; 2000(I)OLR629
P.C. Naik, J.1. On 26.7.1999, some local dailies reported the existence of a sex racket involving high officials, in which a P. T. I., of an institution at Balasore was luring young girls on false pretence. In particular, the headlines in The Sambad, screamed thus :'KRIDA SIKHYATRINKA DWARA MAHILA COLLEGE RA SEX RACKET, BAHU UCHA PADASTA ADHIKARI JADITA CHAKIRI LOBHA DEKHAI COLLEGE CHHATRINKU OFFICERNKA DHARSHAN UDYAM'.Said report created a sensation and social workers and students became agitated and wanted prompt action. It has come on record in one of the writ applications (OJC No. 9456 of 1999) that on receiving a telephonic message from one Gourisankar Panda of Balasore that a student of Kuntala Kumari Sabat Women's College has been abducted and taken by the P. E. T. to Bhubaneswar where attempts were made to use her for immoral purpose, she, i..e the Chairperson of the State Commission for Women, went to Balasore to enquire into the matter. After conducting an inquiry into the al...
Smt. Abanti Jena Vs. Smt. Priyambada Jena and ors.
Court: Orissa
Decided on: May-05-2000
Reported in: AIR2000Ori156
P.K. Tripathi, J.1. The above twowrit petitions are directed against the twodifferent interlocutory orders passed by the Civil Judge (Junior Division), Jaipur in Election Dispute Misc. Case No. 2 of 1997. Both the petitions were heard analogously and this common judgment will abide the result in both the writ petitions.2. In the last Grama Panchayat Election, Smt. Abanti Jena (petitioner in the Election Dispute Misc. Case as well as petitioner in writ application No. 11344/98 and hereinafter described as (petitioner) and opposite party No. 1 Smt. Priyambada Jena (opposite party No. 1 in the Election Dispute Misc. Case and petitioner in C.J.C. No. 12384/98 and hereinafter referred to as the 'opposite party') besides opposite party No. 2 Mataji Dei, contested for the office of Sarpanch of Mandari Grama Panchayat under Bari Block in the revenue district of Jaipur. In that election, as stated in the writ petitions opposite party No. 1 was declared elected by securing one vote more than the...
Swamy Aroopananda Vs. Bagmisri Nilamadhaba Bramha and ors.
Court: Orissa
Decided on: May-05-2000
Reported in: 90(2000)CLT756; 2000CriLJ4296; 2000(II)OLR159
B.P. Das, J.1. This application is directed against the order dated 17.5.1997 passed by the Sub-divisional Judicial Magistrate, Bhubaneswar, taking cognizance under Section 500, Indian Penal Code (for short the I.P.C.') against the petitioner in I.C.C.No. 137 of 1997.2. The allegations in this revision petition are that a complaint was filed by one Bagmisri Nilamadhaba Bramha, Advocate, Orissa High Court, alleging therein that the complainant came across a news item in daily newspaper 'THE SAMBAD' dated 1.5.1996 under the heading 'PURATAN MATHA, MANDIRARA SURAKHYA ANDOLANA KARAZIBA - SWAMY AROOPANANDA'. According to the complainant, in the said news item some false allegations were made against the Commissioner of Endowments, Orissa which are defamatory in nature.Decided on 5th May, 2000. As per the complainant, present petitioner Swamy Aroopananda made a statement that the Commissioner of Endowments, Orissa is going on granting permission for illegal sale of the landed properties of s...
Andhra Pradesh Handloom Weavers Co-operative Society Ltd., Hyderabad V ...
Court: Orissa
Decided on: May-04-2000
Reported in: AIR2000Ori153
P.K. Misra, J. 1. Defendant is the appellant against an affirming decision.2. Plaintiff-respondents had filed a suit for eviction of the defendant from the disputed shop room and for realisation of arrear house rent and damages. There is no dispute that the disputed shop room belongs to the plaintiffs which had been let out to the defendants -- a Cooperative Society. An unregistered lease deed was executed stipulating that lease was granted for a period of five years from 1-3-1984 to 28-2-1989 and the monthly rent had been fixed at Rs. 900/-. Notice was issued to the defendant to vacate the shop room by end of Sept. 1989. Thereafter the suit was filed for eviction and realisation of Rs. 7,200/- towards arrear rent.3. The defendant in its written statement challenged the maintainability of the suit on the ground that notice under Section 106 of the Transfer of Property Act was invalid and defective. It was further indicated that the defendant had not been properly representedthrough Its...
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