Orissa Court February 2001 Judgments
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Prafulla Das Vs. Arakshita Behera and ors.
Court: Orissa
Decided on: Feb-23-2001
Reported in: 2001(I)OLR661
P.K. Misra, J.1. The plaintiff has filed this writ application against the order of the trial Court as confirmed by the revisional Court, rejecting the application for amendment of the plaint, Initially, the plaintiff had claimed the following reliefs :'(a) Let, a decree for granting or declaring schedule amount in favour of plaintiff payable by defendants with all future benefit thereon till date of recovery of same be passed in favour of plaintiff and also any other equitable relief as deem proper may please be granted in plaintiffs favour.'Subsequently, the plaintiff has filed a petition for amendment of the plaint on 3.8.1999 seeking to incorporate the following :'And the Defendant No. 4 claiming to have obtained the said Sale Deed from other defendants and also in respect of the said land being aware of the aforesaid agreement of Defendant Nos. 1 to 3 executed in favour of the plaintiff on 11.5.95 and the plaintiff is continuing in his possession by strength of said agreement and ...
Raju Qurasi Vs. State of Orissa
Court: Orissa
Decided on: Feb-20-2001
Reported in: 91(2001)CLT543; 2001CriLJ1949; 2001(77)ECC308
P.K. Patra, J. 1. The appellant has challenged the judgment dated 5-11-1997 passed by Shri U. S. Mishra, Sessions Judge, Sambalpur in Sesions Trial No. .234 of 1996, convicting the appellant under section 20(b)(i) of the Narcotic Drugs and psychotropic Substances Act, 1985 (for short 'the NDPS Act.) and 25(i)(b) of the Arms Act and sentencing him to,-undergo rigorous imprisonment for a period of five years and to pay Rs.50,000/-, in default, to undergo rigorous imprisonment for a further period of one year under the first count and to undergo rigorous imprisonment for three years under the second count, with directions that the sentences will run concurrently. 2. Briefly stated, the prosecution case runs as follows : On 6-9-96 at about 6.00 a.m. while the Officer-in-charge of the Jharsuguda Police Station (p. w. 6) was investigating Jharsuguda P. S. Case No. 191 dated 6-9-96 under section 147, 148, 302/149, I P. C. at Mangal Bazar inside Jharsuguda, town, he got reliable information th...
State of Orissa Vs. Sadana Gouda and Others
Court: Orissa
Decided on: Feb-20-2001
Reported in: 2001(I)OLR464
P.K. Patra, J.1. This is an appeal under section 378 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) preferred by the State challenging the judgment dated 5-7-1993 passed by Shri N. Nayak, Chief Judicial Magistrate-Cum-Assistant Sessions Judge, Jeypore in Sessions Case No. 2/359 of 1993/92 acquitting the respondents (hereinafter referred to as 'the accused persons') of the charge under section 395 of the Indian Penal Code (for short 'I.P.C.').2. The informant (p. w. 1) is a resident of Pandukumalliguda under Koraput Town Police Station in the district of Koraput and the accused persons are the residents of nearby villages under the said police station. It is alleged that in the night of 11-8-1992 when the informant and his family members had slept inside their house, ten persons knocked at the door of the informant calling his father by name and when the informant opened the door, they entered inside their house and took away clothes, gold ornaments, cash, etc. at the point of ...
Daman Bhoi and ors. Vs. the State
Court: Orissa
Decided on: Feb-20-2001
Reported in: 92(2001)CLT531; 2001(I)OLR458
P.K. Patra, J. 1. The appellants have challenged the judgment dated 3-9-1991 passed by Shri S. K. Patel, Sessions Judge, Balangir in Sessions Case No 84 of 1990 convicting them under section 307/34 of the Indian Penal Code (for shott 'I.P.C.') and sentencing appellant Mangan Bhoi to undergo rigorous imprisonment for ten years and to pay a fine of Rs.2,000.00, in default to undergo rigorous imprisonment for one year more; appellant Daman Bhoi to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000.00, in default to undergo rigorous imprisonment for six months more and sentenc- ing appellants Kiaban Bhoi and Asadhu Manhira to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500.00 each, in default to undergo rigorous imprisonment for further three months. Since appellant Mangan Bhoi expired on 1-3-1992 as per the report of the Sessions Judge, Balangir, his name has been deleted from the Memo of Appeal vide order No. 6 dated 6-4-1998 of this Court...
Jogindra Singh Vs. State of Orissa
Court: Orissa
Decided on: Feb-20-2001
Reported in: 92(2001)CLT655; 2001CriLJ2401; 2001(I)OLR404
P.K. Patra, J.1. The appellant has challenged the judgment dated 1-9-98 passed by Shri U.S. Mishra, Sessions Judge, Sambalpur in Sessions Trial No. 112 of 1997, convicting him under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/-, in default, to undergo rigorous imprisonment for a further period of one year.2. Briefly stated, the prosecution case runs as follows :On 5-4-1997 at about 11.10 a. m. the Officer-in-charge of Jharsuguda Police Station (p. w. 3) received reliable information that a person of Bihar was carrying Ganja in an attache having contacted local shop-keepers for disposal of the same. The said information was entered in the Station Diary Entry No. 114dated 5-4-97 (Ext. 4). P, w. 3 intimated the said fact to the Superintendent of Police, Jharsuguda in writing vide Ext. 5, besides enteting the same in the ...
Hemanta Kumar Sahu and Sribachha Naik Vs. State of Orissa
Court: Orissa
Decided on: Feb-20-2001
Reported in: 2001CriLJ2799; 2001(I)OLR596
P.K. Patra, J.1. The appellants in both the appeals have challenged the judgment dated 23.12.1994 passed by Shri M. R. Behera, Sessions Judge, Phulbani in S.T. No. 37/93, convicting the appellant Hemanta Kumar Sahu Under Sections 366/34, Indian Penal Code (for short 'I.P.C.') and sentencing him to undergo rigorous imprisonment for five years and to pay to fine of Rs. 200/-, in default, to undergo rigorous imprisonment for a further period of two months and convicting the appellant Sribachha Naik Under Sections 366/376, I.P.C. and sentencing him to undergo rigorous imprisonment for five years on each count and to pay a fine of Rs. 200/- In default, to undergo rigorous imprisonment for a further period of two months on each count. Both the appeal were heard together and this judgment will dispose of both the cases.2. Briefly stated, prosecution case runs as follows :The victim girl (P.W. 13) is the daughter of the informant (P. W.4). They were residing in village Hasanipadar under Phirin...
Udayanath SwaIn and anr. Vs. State of Orissa
Court: Orissa
Decided on: Feb-20-2001
Reported in: 2001(I)OLR391
P.K. Patra, J.1. The appellants (father and son) have challenged the impugned judgment dated 20.8.1997 passed by Sri D.K.Sahu, Sessions Judge-cum-Special Judge, Phulbani in S.T.No. 121 of 1996, convicting them Under Sections 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1989 (for short 'the Act') and sentencing each of them to undergo rigorous imprisonment for five years and to pay of fine of Rs. 5,000/- in default, to undergo rigorous imprisonment for a further period of three months.2. Briefly stated, prosecution case runs as follows :On 5.11.1996 at 2.00 p.m. the officer-in-charge, Balliguda Police Station (P.W.4) received reliable information that Ganja had been kept in a black tin box in the sweet-meat shop/stall belonging to appellant No-1 Udayanath Swain situated by the side of the road at Gandhi Chhack in Balliguda town. The said information was entered in the Station Diary vide S.D.E. No. 97 dated 5.11.1996 (Ext.4) and after intimating his superior officials;...
State of Orissa Vs. Kamakshya Prasad Meher
Court: Orissa
Decided on: Feb-20-2001
Reported in: 2001CriLJ3620
P.K. Patra, J.1. The State has preferred the above Government Appeal No. 39 of 1990 under Section 377 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) challenging the inadequate sentence passed against the respondent (hereinafter referred to as 'the accused') who has been convicted under Section 376 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000.00, in default, to undergo rigorous imprisonment for a further period of two months, in Sessions Case No. 1/6 of 1990 by the Assistant Sessions Judge-cum-Chief Judicial Magistrate, Bhawanipatna. The accused had preferred Criminal Appeal No. 26 of 1990 in the Court of the learned Sessions Judge, Kalahandi at Bhawanipatna challenging the judgment of his conviction and sentence passed in the aforesaid case. The said Criminal Appeal No. 26 of 1990 was transferred to this Court and has been renumbered as Criminal Appeal No. 191 of 2000. Both the appeals w...
Bhagabat Marandi and Others Vs. State of Orissa
Court: Orissa
Decided on: Feb-16-2001
Reported in: 91(2001)CLT425; 2001(I)OLR387
M. Papanna, J.1. This Criminal Revision is directed against the impugned judgment dated 29-11-1999 passed by the learned Addl. Sessions Judge, Rairangpur in Criminal Appeal No. 121/3 of 1997-98 confirming the judgment passed in S. T. No. 34/123 of 1994 by the learned Assistant Sessions Judge. Rairangpur convicting the appellants under sections 147/148/323/ 341/342/149, I. P. C. and sentencing each of them to undergo R. I. for six months on each count except for the offence under section 341, I. P C. in respect of which each of them has been sentenced to S. I. for one month and directing the sentences to run concurrently.2. Case of the prosecution is that on 20-3-1993 at about 9.45 a.m. at Bhatchhatar crossing on N, H. 6, a truck bearing Registration No. WB-23-2191 dashed against one Aswini Kumar Nanda who succumbed to the injuries on the spot. On the information lodged by the A.S.I. of Bisoi Police Station, Bisoi, P. S. Case No. 26/93 was registered under sections 279/304A. I.P.C.. Dur...
President, M/S Shivaji Multipurpose Co-operative Society Limited Vs. S ...
Court: Orissa
Decided on: Feb-16-2001
Reported in: 91(2001)CLT524; 2001(I)OLR395
ORDER1. Heard Mr. S. B. Panda, learned counsel for the petitioner and learned Additional Government Advocate for the opposite parties.2. The petitioner, a Co-operative Society, has prayed for quashing the Notice under Annexure-1 and Clause-3 of item No. 4 of Tender Notice No. 2 under Annexure-3 series. The petitioner has banked upon the Resolution issued by the State Government in Department of Co-operation, which has been published in the Orissa Gazette dated 4th. August, 1995, as per Annexure-4 and has submitted that item No. 4(3) of Annexure-3 tuns contrary to the aforesaid Government Resolution. The relevant portion of the Resolution is extracted hereinbelow :--'3. (d) That while purchasing their respective required material as aforesaid, the concerned departments of the Government and all other bodies under the Government Departments and the Government Undertakings, on the basis of the aforesaid directives of the Central Government, vis-a-vis under the continuing provisions of the...
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