Orissa Court October 2001 Judgments
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Shyam Khatua and ors. Vs. Biswanath Panda
Court: Orissa
Decided on: Oct-09-2001
Reported in: 2002(I)OLR126
L. Mohapatra, J.1. This revision has been filed challenging the order dated 8.8.2000 passed by the Sub-divisional Magistrate, Jajpur, in a proceeding under Section 133 of the Code of Criminal Procedure directing the Tahsildar, Sukinda, to remove the earth deposited on the disputed plot Nos. 851 and 843 of village Asangaria and remove the encroachers.2. From the impugned order it appears that the proceeding under Section 133, Cr. P.C. was initiated on the basis of a petition filed by the opposite party Biswanath Panda alleging obstruction of a water channel by the present petitioners. On perusal of the report submitted by the Officer-in-charge of Korai P.S., a conditional order was passed directing the present petitioners to remove the obstruction made by them over the water channel which was alleged to have been filled up with earth on plot No. 851 as well as plot No. 843 and the present petitioners were directed to appear and file their objection, if any. The petitioners filed their o...
Manoj Kumar Binayak Prasad Mohapatra and Three ors. Vs. State of Oriss ...
Court: Orissa
Decided on: Oct-09-2001
Reported in: 2001(II)OLR541
ORDERB.P. Dash, J.1. This is an application Under Section 438 of the Code of Criminal Procedure (in short 'Cr.P.C.') praying for anticipatory bail.2. From the averments made in the application, it appears that an F.I.R. was lodged by the Deputy Chief Materials Manager (Stores) of Bokaro Steel Plant, Bokaro, registered as Marafari Thana Case No. 52/97 corresponding to G. R. Case No. 553/97 which is pending in the Court of Chas, Bokaro. From the affidavit filed by the petitioners, it reveals that the petitioners have been implicated in the offences Under Sections 407/420/421, I.P.C. It is also stated that the petitioners are the officers f M/s. Indian Metals and Ferros Alloys Ltd., Bhubaneswar, and at the relevant time were posted at its factory at Therubali and they are in no way connected with the alleged offences. However, the Bihar police have come to Orissa and are threatening the petitioners to arrest them. It is stated that the petitioners are all respectable citizens of the State...
Bhagirathi Subudhi Vs. State
Court: Orissa
Decided on: Oct-08-2001
Reported in: 93(2002)CLT132
R.K. Patra, A.C.J. 1. The appellant has been convicted under Section 304B I.P.C, and sentenced to undergo imprisonment for life. He has also been convicted under Section 201 I .P.C. and sentenced to undergo r.i. for two years. The sentences are to run concurrently. He has further been convicted under Section 498A I.P.C. and under Section 4 of the Dowry Prohibition Act, 1961, but no separate sentence under either of the was awarded. Along with the appellant, his younger brother Bhagaban and mother-Laxmi Dei and one Bhaskar Sethi also faced trial. But they have been acquitted of all the charges levelled against them. 2. The case of the prosecution is that the appellant married Ruma Dei (sister of P.W.I) in the year 1988. At the time of marriage, as per the demand made by the appellant and his parents, dowry in the shape of gold and silver ornaments, brass and belrnetal utensils, cash of Rs. 6,000/- and one bicycle was given. One and half years after the marriage, the appellant and Ruma D...
Special Land Acquisition Officer Vs. Arabinda Nanda
Court: Orissa
Decided on: Oct-08-2001
Reported in: 2001(II)OLR676
ORDER1. This is an application filed by the respondent-owner to permit him to withdraw 50% of decretal amount which has been deposited amounting to Rs. 16,67,703/- without furnishing any security.2. Mr. Sangram Das, learned Addl. Standing Counsel appearing for the appellant-State has, however, strongly resisted such prayer on the ground that such deposit is made only by way of security by the State Government and not in discharge of the decree. In support of his contention, he has relied upon the judgment of the apex Court reported in AIR 2001 Supreme Court 1975 (Superintendent of Central Excise and Ors. v. Somabhai Ranchhodhbhai Patel). Paragraphs 2 and 17 of which are quoted below :Para - 2 - The order dated 21st December, 1999 is the subject matter of challenge in the Special Leave Petition. While issuing notice in the petition on 27th March, 2000, this Court directed that the notice shall state that the matter may be disposed of at the SLP stage by varying the order under challenge...
Ashoka Trading Co. Vs. State Bank of India, Bolangir Branch
Court: Orissa
Decided on: Oct-05-2001
Reported in: 93(2002)CLT91
B. Panigrahi, J.1. Plaintiff, a partnership firm, is in appeal against the judgment and decree in Money Suit No. 67 of 1982 passed by the Subordinate Judge, Bolangir, dismissing the suit.2. The important facts leading to this appeal are as follows : The plaintiff entered into a cash-credit agreement with defendant-Bank. As per the agreement, the plaintiff is entitled to draw sixty per cent of the value of the goods pledged with the defendant. It has emerged from the pleadings that 1150 tins of ghee were kept under the custody of the defendant between 5th, June, 1980 and 30th, July 1980. Those articles were kept in 'Bank's a Godown' under lock and key. The market value of the said goods was claimed to be Rs. 3,00,000/-. On 15.12.1980, the plaintiff intended to draw a cheque for Rs. 95,000/- on the defendant-bank and it was presented for encashment on 17.12.1980, but the misfortune of the plaintiff, it is said, the said cheque was dishonoured on the ground 'not arranged for the referred ...
Disco Alias Jiban Manna Vs. State of Orissa
Court: Orissa
Decided on: Oct-05-2001
Reported in: 2002CriLJ1062; 2001(II)OLR723
ORDERP.K. Tripathy, J.1. Learned counsel for the petitioner and learned Addl. Govt. Advocate are ready. The case records of Criminal Misc. Case No. 5323 of 1998 and 3746 of 2001, two disposed of cases, are placed for perusal.2. It is seen from those records that in Criminal Misc. Case No. 5323 of 1998 though the petitioner applied for bail Under Section 439, Cr.P.C. on 1.12.1998 but on 19.3.1999 that bail application was dismissed as not pressed as per the order passed by Hon'ble Shri P. K. Mohanty, J. Similarly, bail application Under Section 439. Cr.P.C. vide Criminal Misc. Case No. 3746 of 2001 was filed by the petitioner on 4.5.2001 and after obtaining several adjournments, on 23.8.2001 that bail application was disposed of as withdrawn as per the order passed by Hon'ble Shri C. R. Pal, J. Four days thereafter i.e., on 27.8.2001 the present bail application was filed by the self-same petitionor praying for bail in the self-same case pending before the Special Judge, Balasore. In th...
Sundar Khadia Vs. State of Orissa
Court: Orissa
Decided on: Oct-05-2001
Reported in: 2001(II)OLR561
B. Panigrahi, J.1. This appeal has assailed the order of conviction and sentence passed by the learned Sessions Judge, Sambalpur, in S.T. No. 112 of 1994 Under Section 302, Indian Penal Code, whereby the appellant was directed to undergo rigorous imprisonment for life.2. The gist of the prosecution story as narrated in the trial Court's judgment is that on 7.1.1994 at 5.00 p.m. in village Gobindpur, the appellant had allegedly assaulted the deceased Paradeshi Khadia in his Bari by means of a spade (Rapha) causing his instantaneous death. When the other witnesses, namely P.Ws. 1 to 3 wanted to intervene at that time, the appellant immediately escaped from the scene of occurrence towards the nearby jungle. During the night, the appellant was said to have proceeded to village Tumbapali where his brother Punia Khadia was residing. It is alleged that in the early hours of the following morning, the appellant also escaped from the house of his brother Punia without his knowledge. The inciden...
Arati Mukherjee and ors. Vs. Sambhunath Mukherjee and ors.
Court: Orissa
Decided on: Oct-03-2001
Reported in: 93(2002)CLT205
M. Papanna, J.1. The order of the learned 1st Addl. Civil Judge (Sr. Division), Cuttack, passed in T.S. No. 91/91 allowing plaintiffs' prayer for amendment of the plaint is under challenge in this Civil Revision.2. Defendants 1 to 4 in T.S. No. 91/91 before the learned 1st Addl. Civil Judge (Sr. Division), Cuttack are the petitioners whereas the plaintiffs in the suit are the opposite parties herein.3. Brief facts of the case needed for determining the question in controversy in the revision are like this :Plaintiffs brought the above suit for the decree for partition of the suit properties. One late Birendra Kumar Mukherjee was the common ancestor of the plaintiffs and also defendants. He had five sons. Nirmal Kumar Mukherjee was his eldest son. He was the custodian of his father's property in Cuttack town. His other four sons being well placed were serving elsewhere. In 1973 there was a partition of his immovable properties among his widow Taru Bala Mukherjee and five sons by a Bibad...
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