Orissa Court June 2000 Judgments
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Chandra Sekhar Sahoo and ors. Vs. Chandrasekhar Das and ors.
Court: Orissa
Decided on: Jun-21-2000
Reported in: 2000(II)OLR128
P.K. Misra, J1. Defendants 1 and 3 to 5 are the appellants against the decision of a learned Single Judge of this Court.2. Plaintiff-respondents 1 and 2 had filed the suit for declaration of right and for confirmation of possession and permanent injunction. The disputed property has been described in the plaint in Schedule-A 'B' Schedule is a part of Schedule-Ac. Lot No. 1 of Schedule-A consists of two plots - Plot No. 2023 with area of Ac. 4.64 decimals and Plot No. 2023/4525 with area of A. 1.12 decimals - both plots being in Khata No. 15. Lot No. 2 of Schedule-A consists of plot No. 2023/4567 with area of Ac. 0.38 decimals in Khata No. 326. Schedule-B has been described as Ac. 3.84 decimals out of Ac. 4.64 decimals in Plot No. 2023. It is not disputed that the property described in Lot No. 1 of Schedule-A was the Bramhottar Niskar land and in Lot No. 2 was Pahi land which originally belonged to one Nijakantha Sadasya.3. The plaintiffs' case is as follows :On the death of Nilakantha,...
Jagadananda Patel Vs. Divisional Forest Officer, Bamara Division, and ...
Court: Orissa
Decided on: Jun-21-2000
Reported in: 2001CriLJ1997
ORDERP.K. Mishra, J.1. Even though Criminal Misc. Case No. 1703 of 1995 Under Section 482, Code of Criminal Procedure (in short, the 'Cr. P.C.') has been disposed of on 12-2-1997, the matter is lingering for more than three years, as several petitions have been subsequently filed for passing ancillary orders.2. In the main application Under Section 482, Cr. P.C., the present petitioner had prayed for issuance of a direction to release the articles seized in connection with 2(b) CC Case No. 11 of 1989 (corresponding to T.R. No. 135/90) and for direction regarding issuance of necessary Timber Transit Permit in favour of the petitioner for transportation of seized articles from the spot to the residence of the petitioner. After considering the matter, a direction was given to the opposite parties to release the seized articles under the custody of opposite party No. 1 in favour of the petitioner and for issuance of necessary Timber Transit Permit for transportation of such materials. It w...
Babaji @ Balakrishna Mallik and Others, Shyama Jena and Others and Kel ...
Court: Orissa
Decided on: Jun-20-2000
Reported in: 91(2001)CLT65
P.K. Patra, J.1. Six appellants in the first appeal and three appellants each in the other two appeals, have challenged the judgment dated 23-12-1991 passed by Sri D.L.C.K. Patnaik, Sessions Judge; Balasore in S. T. No. 121 of 1990 convicting the appellants under sections 148/302, Indian Penal Code (for short 'I. P. C.') and sentencing each of them to undergo rigorous imprisonment for three years under the first count and imprisonment for life under the second count. Five of the co-accused persons of the appellants have been acquitted.2. The prosecution case, briefly stated, is as follows :In the night of 14-5-90 the deceased, his brother (p. w. 1) who is the informant in this case, and their family members attended the marriage ceremony of their niece (sister's daughter) in village Darsinghpatna which is at a distance of about one kilometre from their village-Nadigaon (Kanpur) under Sore Police Station in the district of Balasore. After the marriage ceremony, p. w. 1 returned to his v...
Lakshmi Kirsani Vs. the State
Court: Orissa
Decided on: Jun-20-2000
Reported in: 91(2001)CLT223; 2001CriLJ3648
P.K. Patra, J.1. The appellant has challenged the judgment dated 19-8-1993 passed by Smt. M. Patnaik, Sessions Judge, Kotaput, Jeypore in Sessions Case No. 205 of 1992 convicting him under section 302 of the Indian Penal Code (for short 'I. P. C.' and sentencing him to undergo rigorous imprisonment for life.2. Prosecution case briefly stated runs as follows:--Appellant Lakshmi Kirasani and deceased Mangala Kirsani were two brothers and were residents of village Tulagurang under Mudulipara Police Station in the district of Koraput. They had two other brothers also. Their father GuruKirsani was the owner of a piece of land locally known as 'Handriro Beda' The four brothers had been cultivating the said land in turn for a period of one year each. The appellant being the eldest brother deviated from that and cultivated the land for two years consecutively. Therefore while his turn came, the deceased who was the second son of his father also cultivated the said land consecutively for two ye...
Bhagaban Mishra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2000
Reported in: 90(2000)CLT709; 2000(II)OLR137
R.K. Patra, J.1. In this application under Articles 226 and 227 of the Constitution of India, the petitioners assail the propriety of the directions of the learned Chairman, Orissa Administrative Tribunal, Cuttack Bench, Cuttack in his order dated 8.11.1996 (Annexure-5) made in a group of cases filed before him under Section 19 of the Administrative Tribunals Act, 1985. Pursuant to the directions, the petitioners have been discharged from service as 'Junior Stenographers' by office order dated 1.5.1997 at Annexure-8 and in their place opposite parties 4 to 6 have been appointed by order of the even date at Annexure-10. The legality of both the orders have also been questioned. Some of the petitioners challenged the order discharging them from service and the learned Chairman, Orissa Administrative Tribunal by order dated 19.5.1997 did not grant any relief. The validity of this order is also the subject-matter of challenge in this writ application.2. Background facts :The State Police H...
Akhaya Naik Vs. State of Orissa
Court: Orissa
Decided on: Jun-20-2000
Reported in: 2000(II)OLR300
P.K. Patra, J.1. The appellant has challenged the judgment dated 9.7.1993 passed by Shri H. Mohapatra, Sessions Judge, Dhenkanal in Sessions Trial No. 70-D of 1989 convicting him Under Section 302 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for life.2. Prosecution case in brief may be stated as follows :The appellant is the nephew, of the deceased (son of his younger brother), aged about sixty years and both of them were residing in adjoining houses in village Kumarsingha under Balimi Police Station in the district of Dhenkanal. The father of the appellant died three years prior to the occurrence and it was suspected that he died due to practice of witchcraft by the deceased. One day prior to the date of occurrence, i.e., 1.2.1989, somebody had thrown vermilion in the house of the appellant and suspecting that Haguru, son of the deceased, was the miscreant, the appellant went to the deceased at about 1 p.m. on the date of occurrence on...
General Manager, Barsuan Iron Mines Vs. Mukta Naik
Court: Orissa
Decided on: Jun-20-2000
Reported in: I(2001)ACC205; 2001ACJ742; 90(2000)CLT300
P.K. Misra, J. 1. In this appeal under Section 30 of the Workmen's Compensation Act, the General Manager Barsuan Iron Mines, has challenged the decision of the Deputy Labour Commissioner, for Workmen's Compensation. Rourkela (in short, 'the Commissioner'), awarding a sum of Rs. 1,78,490 to the respondent, who is the widow of deceased Bhimsen Naik.2. The deceased was employed in Barsuan Iron Mines. While working as electrical attendant on 26.10.1997 in 'C' shift, the deceased died. In the post-mortem report, it was found that the cause of death was possibly due to syncope. Claim application of the widow for compensation was resisted by the employer on the ground that the deceased had died due to preexisting disease and his death had nothing to do with the employment and as such, the accident did not arise out of the employment.3. The Commissioner found that the deceased was a workman and had died in an accident arising out of and in the course of employment and accordingly awarded compe...
Mangal Munda Vs. State
Court: Orissa
Decided on: Jun-19-2000
Reported in: 91(2001)CLT197
P.K. Patra, J.1. The appellant has challenged the judgment dated 31-1-1996 passed by Shri P. B. Patnaik, Additional Sessions Judge, Jajpur in S. T. No. 467/44 of 1994 convicting him under section 304, Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years.2. Prosecution case runs as follows:The informant (p. w. 1) is the owner of a Stone Crusher at Aruha Chhak under Dharmasala P. S in the district of Jajpur. Aruha Chhak is at a distance of fourteen kilometres from Dharmasala P. S. On 6-6-1994 at 7 a. m. p. w. 1 lodged a written report at the Dharmasala P. S. stating that in the night of 5-6-1994 at 11 p. m, the appellant stabbed deceased Surendra Munda on his chest due to dispute among them. The appellantand the deceased were amongst the 10/12 labourers of p. w. 1 for crushing stones. There was profuse bleeding from the chest of the deceased and he was removed to the Aruha Hospital and as directed by the medical officer of that hospital the...
Niranjan Alias Tima Jena and Seven Others Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-2000
Reported in: 91(2001)CLT213
P.K. Patra, J.1. The appellants have challenged the judgment dated 19-4-1997 passed by Shri M. C. Ray, Additional Sessions Judge, Balasore in Sessions Trial No. 7/21 of 1993 convicting them under sections 376(2)(g)/366 of the Indian Penal Code (for short 'I. P. C.') and sentencing each of them to undergo rigorous imprisonment for seven years under the first count and to rigorous imprisonment for three years under the second count, with direction that the sentences would run concurrently, The appellants have been acquitted of the charge under section 379/34, I. P. C.2 Prosecution case runs as follows :--The informant (p. w. 1) is a resident of village Begunia under Simulia Police Station in the district of Balasore, who is the father of the victim girl (p. w 4), a minor aged below sixteen years, Appellant Nos. 2 and 3-Banshidhar ]ena and Rabindra alias Rabi Dalei respectively, are co-villagers of the informant (p. w. 1), whereas appellant Nos. 1, 4, 5, 6, 7 and 8, namely, Niranjan alias...
Keshaba Majhi Vs. the State of Orissa
Court: Orissa
Decided on: Jun-19-2000
Reported in: 91(2001)CLT261
P.K. Patra, J.1. The appellant has challenged the judgment dated 30-11-1998 passed by Shti H. C. Mohapatra, Additional Sessions Judge, Koraput, Jeypore; in T. R. No. 41 of 1997 convicting him under section 20(a) of the Narcotic Drugs and Psychorropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for two years aud to pay of fine of Rs. 3.000.00, in default to undergo rigorous imprisonment for a further period of three months.2. Prosecution case runs as follows :--On 26-7-1997 p w. 4, the'S. I. of Excise, Jeypore, in charge of Nandapur, was performing patrol duty with Excise Constable p. w. 3 and two other Excise Constables of Nandspur and at about 1 p. m. he got information that the appellant had cultivated cannabis plants on his land in village Hadiguda under Nandapur Police Station in the district of Koraput. After receiving the information p. w. 4 and the three Excise Constables proceeded to village Hadiguda and found ...
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