Orissa Court December 2001 Judgments
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Bibekananda Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-18-2001
Reported in: 2002(I)OLR243
R.K. Patra, J.1. This application is practically an off- shoot of the judgment of this Court dated 27.6.1997 rendered in O.J.C. No. 1012 of 1996 (which was a writ petition filed by the applicant Bibekananda Das) reported in 1997 (II) O.L.R. 122.The applicant prays in this application for a direction to the opposite parties to implement and give effect to the order and direction contained in the aforementioned decision.2. It is relevant to briefly trace the history leading to filing of this application.The applicant was an assistant teacher in Pipili High School since 6.11.1989. He filed the aforesaid writ petition (O.J.C. No. 1012 of 1996) seeking for a direction to the opposite parties to approve his appointment and release his salary both arrear and current in the pay scale of untrained graduate teacher with effect from his date of appointment. He had also made a prayer for quashing of office order No. 1657 dated 8.2.1996 of the Inspector of Schools disapproving his appointment again...
Vishnu Borewell Vs. Income-tax Officer and anr.
Court: Orissa
Decided on: Dec-18-2001
Reported in: (2002)178CTR(Ori)409; [2002]257ITR512(Orissa)
R.K. Patra, J.1. In this application under Articles 226 and 227 of the Constitution of India the petitioner seeks quashing of the notice dated August 31, 1999, issued under Section 148 of the Income-tax Act, 1961, at annexures 1 and 1/A requiring it to file return in the prescribed form for the assessment years 1997-98 and 1998-99 for the purpose of reassessment of the income as the income chargeable to tax for the aforesaid assessment years has escaped assessment within the meaning of Section 147 of the said Act.2. Briefly stated the case of the petitioner is that it is a partnership firm constituted by a deed dated March 31, 1995, comprising of N. Venugopal, his two sons V. Kanan and V. Prasanna and his niece E. Puspa--to carry on the business for execution of the contract works. V. Venugopal, one of the partners, was alone assessed to income-tax up to the assessment year 1994-95 in the status of an individual. The other partners had not been assessed as their income fell below the t...
Chunta Nayak and Fifty ors. Vs. State of Orissa, Represented by Collec ...
Court: Orissa
Decided on: Dec-14-2001
Reported in: 2002(I)OLR139
P.K. Balasubramanyan, C.J.1. This suit was filed in the Court of Civil Judge.yunior Division). Kendrapara after complying with the requirements of Order 1. Rule 8 of the Code of Civil Procedure, 1908 (in short, Tnjj',pode'). The suit was one for perpetual injunction restraining the defendants from constructing the primary school building over the 'B' and 'C schedule lands or any other lands, and to direct the plaintiffs to construct school building in the plaint A' schedule land. In that suit, it is seen that on notice being published in terms of Order 1, Rule 8 of the Code, a number of villages got themselves impleaded. The appellants before us, filed an application under Order 1, Rule 10 of the Code seeking to get themselves impleaded in the suit. The trial Court dismissed that application. A revision was carried before the learned Additional District Judge. Kendrapara under Section 115 of the Code. The learned Additional District Judge refused to interfere with the order of the tria...
Harihar Sethi and anr. Vs. Ladukishore Sethi and ors.
Court: Orissa
Decided on: Dec-13-2001
Reported in: AIR2002Ori110; 93(2002)CLT261; 2002(I)OLR142
A.S. Naidu, J. 1. Defendants 2 and 3 in a suit for partition, have preferred this First Appeal being aggrieved by the judgment and decree dated November 25, 1997 passed in T. S. No. 52 of 1994 by the Civil Judge (Senior Division), Chhatrapur. 2. Bereft of all unnecessary facts, the case of the parties flowing out of their pleadings is narrated herein below : Admittedly one Raghu Sethi was the common ancestor. He died long long back leaving behind his only son Bira Sethi. At the time of his death, he owned and possessed a house situated on Patta No. 1470 and some landed propertied appertaining to Patta No. 783. After his death his only son Bira succeeded the same. Bira, during his life time, acquired some more properties. All the properties which were owned and possessed by Bira are morefully described in Schedule A and B of the plaint. Bira expired intestate on February 1, 1983 leaving behind his widow Chandramani (D-4), four sons i.e. Plaintiff No. 1 and Defendant Nos. 1 to 3 and two ...
Gandua Alias Laxman Mallik and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-2001
Reported in: 2002CriLJ871; 2002(I)OLR344
A.S. Naidu, J.1. The accused-appellants have been held guilty of the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, for committing murder of Krupa Gochhi by assaulting and firing Gun shots. The trial Court sentenced the appellants to undergo rigorous imprisonment for life. Being aggrieved by the said order of conviction and sentence, passed by the learned Sessions Judge, Puri in Sessions Trial No. 297 of 1993, the appellants have filed this appeal.2. The F.I.R. was lodged by Krushna Chandra Mohanty - P.W.4. The case of the prosecution is that on the fateful day of 15th September, 1989 at about 3.00 P.M., P.W.4,and the deceased, ' who were close friends, started from their respective houses and proceeded to Kantilo. The deceased carried his pant and shirt in a bag on the plea that if he would wear the same, his opponents would come to know that he was going out: of the village and might assault him. He instructed P.W.4 to .proceed ahead of him via T...
Dhanu Alias Dhanurdhar Sahu and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-2001
Reported in: 2002(I)OLR164
A.S. Naidu, J.1. Two appellants assail the judgment and order dated May. 29, 1996 passed by the 2nd Addl. Sessions Judge. Berhampur in Sessions Case No. 17 of 1995 (Sessions Case No. 78 of 1995) (GDC) convicting them under Section 302 read with Section 34 of the Indian Penal Code and sentencing to undergo rigorous imprisonment for life for committing the murder of Bhallu Dakua (hereinafter referred to as 'the deceased').2. Bereft of all unnecessary details, the short facts narrated in the F.I.R. are as follows :Village Mundula and village Chandanpur in the district of Ganjam are adjacent to each other. A dispute cropped up between the villagers centering round a water reservoir, locally caiFed as 'Champai Ghai' which is situated within the boundary of village Mundula. Taking advantage of the geographical situation, the villagers of Mundula demanded exclusive fishing right in the reservoir. At the other hand, the villagers of Chandanpur insisted that the fishing right should be put to a...
Ambika Charan Misra Vs. Anadi Charan Samantaray and anr.
Court: Orissa
Decided on: Dec-12-2001
Reported in: 93(2002)CLT342
P.K. Misra, J.1. This appeal arises out of the order dated 13.5.88 passed by the Subordinate Judge, Rairangpur, in Title Appeal No. 3 of 1986, reversing the judgment and decree dated 25.08.1986 and 4.9.1986 respectively passed by the Munsif, Rairangpur, in Title Suit No. 2 of 1984.2. The brief facts, according to the appellant, is that the appellant as the plaintiff before the trial court filed a suit for declaration of his title, recovery of possession and for permanent injunction against the respondent No. 1 (defendant No. 1 in the Trial Court). The disputed land bearing Plot No. 484 under Khata No. 50/39 corresponding to Hal Khata No. 66/12 of village Jhadgaon belongs to the appellant and respondent No. 2, The said plot was allotted to Ambika charan Misra, who was the original appellant and was subsequently substituted by his legal heirs, and his brother late Trailokya Nath Misra, the father of respondent No. 2 (defendant No. 2 in the Trial Court), in the final decree proceeding by ...
Siba Mahala Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-12-2001
Reported in: 93(2002)CLT12
P. C. Naik, J. 1. The petitioner herein challenges the order of detention whereby his brother Godhi alias Ranjan Mahala (hereinfter referred to as 'the detenu') has been detained in terms ofa order dated 4.3.2001 passed by the District Magistrate, Cuttack under Section 3(2) of the National Security Act, 1980 (in short, 'the Act'). The further prayer is for quashing the order of approval dated 12.3.2001 (Annexure - 3) and the order of confirmation dated 16.4.2001 (Annexure - 4) and for declaring his continued detention to be illegal and unwarranted.2. It is not disputed that at the time of passing of the detention order, the detenu was in jail custody in Choudwar Circle Jail and the order of detention was served on him on 15.3.2001. The grounds of detention along with all enclosures in English as well as Oriya language which were relied upon by the detaining authority forming a subjective satisfaction was served on the detenu onn 7.2.2001. The order of detention was approved by the Stat...
Anama Naik Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2001
Reported in: 93(2002)CLT28
B. P. Das, J. 1. The appellant having been convicted under Ssection 302 of the Penal Code and sentenced to imprisonment for life, has preferred this appeal against the judgment and order of conviction passed by the learned Sessions Judge, Dhenkanal.2. The prosecution case is that on 9.9.1987 at about 9 P.M. while the informant Krupa Naik, P.W. 1 (son of the deceased) was exchanging jokes with one Dukhia Naik and when both of them were playfully assaulting each other, the deceased intervened and caught-hold of Dukhia and on being explained that it was a game between them, he asked Dukhia to go to his house. The appellant took exception in the conduct of the deceased and when the deceased was about to enter the house, he dealt a blow by means of a Katari used for cutting trees on his right leg. The deceased raised alarm saying that he was assaulted by the appellant. In response to such alarm raised by the deceased, several co-villagers arrived at the spot and found the deceased having pr...
Bise Jhara Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2001
Reported in: 2002(I)OLR208
B.P. Das, J.1. The appellant having been convicted for commission of offences under Section 302 as well as 307 of the Penal Code by the learned Additional Sessions Judge, Rourkela, has preferred this appeal. The appellant and two other accused persons, namely, Lanka Jhara and Sanka Jhara, had been charged under Section 302/34 of the Penal Code for committing murder of deceased Budhu Jhara and they were also further charged under Section 307/34 of the Penal Code for attempting to commit murder of Sukutu Jhara (P.W.8). The learned Additional Sessions Judge on consideration of the evidence on record, convicted the appellant under Section 302 of the Penal Code for committing the murder of Budhu Jhara and sentenced him to imprisonment for life, and also convicted the appellant under Section 307 of the Penal Code for attempting to commit the murder of Sukutu Jhara and sentenced him to undergo rigorous imprisonment for seven years, with a direction that the sentences shall run concurrently.2....
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