Orissa Court October 2001 Judgments
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Sadhu Patra Alias Sadhu Charan Patra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-15-2001
Reported in: 2002CriLJ863
B. Panigrahi, J.1. This is an appeal against the order of conviction and sentence passed by the learned Sessions Judge, Mayurbhanj at Baripada dated 27-3-1993, in S.T. Case No. 171/93 under Section 376(2)(g) of the Indian Penal Code, whereby the appellants are directed to undergo rigorous imprisonment for a period of ten years each.2. The skeletal picture of the prosecution story as presented in course of trial is as follows :--The victim Saibani Patra was working as a labourer at Laxmiposi. She developed friendship with another labourer named Laxmi Patra. At the request of the latter, Saibani and her minor son accompanied to village Nachhipur to attend a marriage ceremony of the niece of Laxmi Patra. In the said village, her uncle and aunt were living. After attending the marriage ceremony at Laxmi Patra's house on the following day's morning, the victim Saibani went to her uncle's house where she spent the entire day. In the evening, she left her uncle's house and went to the house o...
Purna Badnaik Vs. State of Orissa
Court: Orissa
Decided on: Oct-12-2001
Reported in: 2001(II)OLR654
B. Panigrahi, J.1. This appeal has been filed against the judgment/order passed by the Additional Sessions Judge, Jeypore, in Sessions Case No. 96 of 1992 (SC 321/92) whereby the appellant has been convicted Under Section 302/34, Indian Penal Code, and sentenced thereunder to undergo rigorous imprisonment for life for having committed the murder of Shyama Badnaik.2. Prosecution case, in short, as narrated in the trial Court's judgment, is that on 7.8.1992 at about 5.30 p.m. the deceased had abused Balabhadra Gollari and Somari Badnaik, for not having returned the money outstanding against them, but on intervention of Ramachandra Badnaik, son of the informant (P.W.4) the matter was subsided and the deceased returned to his house. At about 8.00 p.m., when the deceased and his wife were taking their meals, the appellant and three of his associates (since acquitted) came to their house and caught hold of the husband of P.W.3 and the appellant was said to have dealt a 'Kati' blow on the nec...
Pramod Kumar Samal and ors. Vs. National Aluminium Company Limited and ...
Court: Orissa
Decided on: Oct-11-2001
Reported in: 93(2002)CLT187; [2001(91)FLR958]; (2002)IIILLJ657Ori
P. C. Naik, J. 1. The petitioners, seventy-two in number, have approached this Court for issuance of an appropriate writ, direction or order directing the opp. parties to declare the petitioner Nos. 1 to 38, 40, 41, 43, 46 to 60 and 62 to 72 as regular Security Guards, petitioner Nos. 39, 42 and 61 as regular Surgents and petitioner Nos. 44 and 45 as regular Cooks in the establishment of NALCO. The further prayer is for a direction to the opp. parties 1, 2, 3, and 5 to pay the petitioners equal remuneration as is being paid to their counter-parts working in the regular establishment of the said Company.2. The case of the petitioners is that they are engaged as contract labourers and as such are being exploited by the management.It is, their case that in view of the provisions contained in Section 10 of Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the Act'), it is necessary to direct the opp. parties for abolition of contract labour system in the establishment. Placin...
Rathia Behera and anr. Vs. State of Orissa
Court: Orissa
Decided on: Oct-11-2001
Reported in: 93(2002)CLT184
M. Papanna, J. 1. The order dated 11.9.2001 passed by the learned Additional Sessions Judge, Bhadrak in S.T. Case No. 54/244 of 1996 is under challenge in this revision. 2. Facts of the case relevant only for determining the question in controversy are that on the petition under Section 311, Cr.P.C. filed by the petitioners, who are facing trial in Sessions Trial Case No. 54/244 of 1996 before the learned Additional Sessions Judge,Bhadrak for having been charged under Sections 147, 148, 323, 294, 302/143 of the Indian Penal Code, the I.O., N.C. Naik (P.W. 12) was recalled for further cross-examination on 1.6.2001 with a direction to the defence to deposit a sum of Rs. 500/- towards the expense of the witness. However, the sum of Rs. 500/- was not deposited by the defence towards expenses of P.W. 12 but on the date fixed as no witness was present, W.T. message was sent to P.W. 12 fixing 12.6.2001 for this cross-examination. Even on that day when P.W. 12 did not turn up as revealed from ...
Radha Krushna Gantayat Alias Kanhu Vs. the State of Orissa
Court: Orissa
Decided on: Oct-10-2001
Reported in: 2001(II)OLR566
B. Panigrahi, J.1. The appellant has assailed the order of conviction and sentence Under Section 302, Indian Penal Code, in Sessions Case No. 96 of 1994, passed by the learned Sessions Judge, Jeypore, whereby and whereunder the appellant was directed to undergo rigorous imprisonment for life.2. Prosecution story tersely stated is that on 24.10.1993 at about 8.00 P.M. the appellant was said to have given a heavy blow by means of a wooden handle ('Pahurani') oh the head of his co-villager Chanda Mohankud while the latter was sitting in the village road after taking his dinner in front of the house of his younger brother, Arjuna Mohankud. After receiving the injury. Chanda Mohankud fell down on the ground and immediately thereafter when his condition became bad to worse he was taken to the hospital in a critical state, where he succumbed to the injury on the day following. P.W.2, the brother of the deceased, reported the matter to the Assistant Sub-Inspector of Police, who came to the hos...
Dobulu Dhangada Majhi Vs. State of Orissa
Court: Orissa
Decided on: Oct-10-2001
Reported in: 2001(II)OLR558
B. Panigrahi, J.1. The appellant having been convicted for commission of the offence Under Section 302 of the Penal Code and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Jeypore, camp Malkangiri, has preferred this appeal.2. The case of the prosecution is that the informant P.W. 1 was taking the cow of the appellant to the jungle for grazing. On one such day there was a fracture in the leg of the cow of the appellant and the appellant insisted for giving a new cow. The informant accordingly gaved him a good cow and also a goat. The appellant not being satisfied forcibly took away a white bullock from the house of the informant at about 6 p.m. on 3.10.1992. The elder brother of P.W. 1 deceased Buda Dhengada Majhi, coming to know about the said incident asked the appellant near his house as to why he brought the bullock from the cow- shed of P.W. 1 and on being questioned the appellant stabbed the deceased by means of a knife and fled away with the knife f...
industrial Development Corporation Orissa Limited and anr. Vs. Regiona ...
Court: Orissa
Decided on: Oct-09-2001
Reported in: [2002]112CompCas527(Orissa); [2002(92)FLR945]; 2001(II)OLR593
P.K. Mohanty, J.1. The Petitioners assail the order of the Regional Provident Fund Commissioner under Annexure-3, the notice of attachment of movable properties given by the Recovery Officer, Employees' Provident Fund Organisation (Annexure-4), the notice of the R.P.F. Commissioner-11 (Complain and Recovery Officer), State of Orissa (Annexure-6) and the order of attachment issued by the Recovery Officer (Annexure-8) and for a declaration that any action in pursuance of the aforesaid notices are null and void and without jurisdiction.2. Petitioner No. 1, the Industrial Development Corporation, Orissa Ltd. (In short 'I.D.C.') is a Government owned company and petitioner No. 2 ABS Spinning Orissa Limited (In short 'ABS Spinning') is a subsidiary of petitioner No. 1. The petitioners' case in short is that the proceedings were started by the Regional Provident Fund Commissioner against Petitioner No. 2, the ABS Spinning for recovery of Provident Fund dues and in those proceedings certain as...
Maa Mangala Construction, Paradip Vs. Indian Oil Corporation Ltd. and ...
Court: Orissa
Decided on: Oct-09-2001
Reported in: 2001(II)OLR600
P.K. Mohanty, J. 1. The petitioner calls in question, the requirement of possessing an E.S.I. Registration Code, as an eligibility condition for participation in the tender, invited by the Indian Oil Corporation Ltd. on the ground that such a condition is illegal and inoperative and with an oblique motive.2. The fact in brief is that, the petitioner 'Maa Mangala Construction' is a proprietorship concern engaged in civil contract works and general order supplier, at Paradip in the district of Jagatsinghpur. It claims experience of having executed various works under Hindustan Petroleum Corporation as well as the opposite party, Indian Oil Corporation, two public sector undertakings and at the moment undertaking 'Hose Handling Work' under the opposite party-Corporation by virtue of the work order dated 15.3.2001, a copy of which is Annexure-4 to this petition.3. The opposite party No. 1. Indian Oil Corporation Ltd. (hereinafter called 'IOC') has invited tender for Hose Handling Work cont...
Rekha Gupta Vs. Collector, Balasore and ors.
Court: Orissa
Decided on: Oct-09-2001
Reported in: 93(2002)CLT66; 2001(II)OLR597
P.K. Mohanty, J. 1. The petitioner assails the order of the Collector, Balasore passed under section 6A of the Essential Commodities Act directing confiscation of 25% of the seized imported R.B.D. Palmoline Oil For violation of the Orissa pulses and Edible Oils Dealers' (Licensing) order, 1977 and the Edible Oil Packaging (Regulation) Order, 1998. 2. The petitioner, having been found by the Vigilance squad to have unloaded from a tanker and stored imported R.B.D. Palmoline oil at Bateswar Road, a place other than the licenced premises i.e. at Plot No. 541, in Khata No. 500 at mouza - Souelpur in violation of the condition 2(a) and (b) of the licence granted under clause 4(2) of the Orissa Pulses and Edible oils Dealers (Licencing) Order, 1977 and being found to be packing the said oil in old used tins without obtaining registration and licence under the Orissa Edible Oil Packaging Regulation Order, 1998, a report was lodged before the Collector, Balasore, the licencing authority. The C...
Orient Paper Mills and anr. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Oct-09-2001
Reported in: [2004]134STC128(Orissa)
P.K. Misra, J.1. By this writ petition, challenge has been made to the order dated November 28, 2000 passed by the Sales Tax Officer, Sambalpur III Circle, Jharsuguda. By the said order, he has calculated the amount of interest payable to the petitioners on the refunded amount at Rs. 31,16,438, as against their claim of Rs. 73,73,424.2. Brief facts of the case are as follows :Petitioner No, 1 is a company incorporated under the Indian Companies Act and petitioner No. 2 is its Vice-President. For the assessment year 1993-94, the Sales Tax Officer rejected the books of accounts of the company and raised a demand of Rs. 33,48,97,000 thus enhancing the original assessment by Rs. 3,04,48,546. Against the said order, the petitioners filed first appeal before the Assistant Commissioner, but were not successful. Therefore, they preferred second appeal before the Sales Tax Tribunal. When the matter was pending before the Tribunal, notice of attachment was issued on them by the Sales Tax Officer...
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