Orissa Court June 2001 Judgments
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Gagan Behera Vs. State of Orissa
Court: Orissa
Decided on: Jun-29-2001
Reported in: 2002CriLJ696
ORDERN.Y. Hanumanthappa, C.J.1. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, the 'Code') requesting the Court to quash the proceeding initiated against him, i.e. G.R. Case No. 96 of 1997 pending on the file of learned J.M.F.C., Ranpur arising out of Ranpur P.S. Case No. 98 of 1997 for alleged commission of offence punishable under Section 376, I.P.C. by him.2. According to the petitioner, on 29-8-1997 the informant lodged a complaint in Ranpur Police Station which was registered as Ranpur P.C. Case No. 98 of 1997 alleging that on 20-4-1997 at about 7 p.m. the petitioner had sexual intercourse with her against her consent. Her father though lodged the F.I.R. on the next day same was not accepted. Accordingly, the informant had to lodge a written report on 29-8-1997. The said report was registered as Ranpur P.S. Case No. 98 of 1997 dated 3-9-1997. Later on it was registered as G.R. Case No. 96 of 1997. Pursuant to the F.I.R. lodg...
The Union of India and ors. Vs. Sushil Kumar Mohapatra and anr.
Court: Orissa
Decided on: Jun-28-2001
Reported in: 92(2001)CLT766
A.S. Naidu, J. 1. The petitioners have filed this writ application challenging the order dated September 1, 1998 passed by the Central Administrative Tribunal, Cuttack Bench, in O.A. No. 302 of 1998. Shorn of unnecessary details, the facts are ;Opposite party No. 1 initially joined as a Constable in the Orissa State Police Department on December 19, 1972. In the year 1974 he was selected by the Central Bureau of Investigation (for short, the 'C. B. I.') and was placed as Constable inits Orissa Branch at Bhubaneswar on deputation. In the year 1979, opposite party No. 1 was promoted to the post of Assistant Sub-Inspector of Police in the State Police Department and on reversion to the parent department, he joined as A.S.I. in the Orissa Police and continued as such till 1986. On July 19, 1986, he was once again sent on deputation to the C. B. I. and was posted at Bhubaneswar. On October 1st, 1987, opposite party No. 1 was promoted to the rank of Sub-Inspector of Police in the C.B.I.. Whi...
Laxmi Mallik Vs. Mayadhar Mallik
Court: Orissa
Decided on: Jun-28-2001
Reported in: 92(2001)CLT808; I(2002)DMC172; 2001(II)OLR141
A.S. Naidu, J.1. The appellant-wife has filed this Civil Appeal under Section 19 of the Family Courts Act challenging the judgment dated 30th September, 1999 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 149 of 1994.2. Bereft of all the unnecessary details, the short facts as would be evident from the inter se pleadings are as follows :Mayadhar Mallik married to Smt. Laxmi Mallik as long back as on 8th May, 1969, Admittedly, both the parties are Hindus and the marriage was solemnised according to the customs prevalent. After marriage, the parties led a blissful conjugal rights and out of the wedlock, 7 issues were born i.e. 3 sons and 4 daughters. Admittedly, the respondent-husband is working as a Primary School Teacher and thus is a Government Servant and resides at his place of posting.3. In the year 1994 the husband-respondent filed a petition under Section 13(1) of the Hindu Marriage Act, 1955 read with Section 7 of the Family Courts Act before the lear...
N. Budhiama Vs. Land Acquisition Officer and anr.
Court: Orissa
Decided on: Jun-28-2001
Reported in: 2001(II)OLR166
A.S. Naidu, J.1. Land measuring Ac. 0.413 decimals in village Raghunathpur under Tahsil Chhatrapur in the district of Ganjam was acquired by the State for public purpose. The Notification Under Section 4(1) of the Land Acquisition Act was published on August 9, 1992. The Land Acquisition Collector awarded a compensation of Rs. 2,785.30 paise. The original claimant having filed an application for reference Under Section 18 of the Land Acquisition Act. the Collector referred the case to the Subordinate Judge, Chhatrapur and the reference case was registered as MJC No. 80 of 1987. It appears that at the time of hearing of the said M. J.C. no one appeared on behalf of the claimant and the Subordinate Judge, Chhatrapur by his judgment and order dated October 30, 1989 disposed of the said case by enhancing the solatium from 1 2% per annum to 13% per annum. After about 5 years on May 2. 1994. N. Budhiamma filed First Appeal No. 181 of 1994 alongwith an application for condonation of delay in ...
Subhakanta SwaIn Vs. Board of Secondary Education, Orissa and ors.
Court: Orissa
Decided on: Jun-22-2001
Reported in: 92(2001)CLT739
A.S. Naidu, J.1. The petitioner, a minor, through his father guardian has approached the portals of this Court being aggrieved by the unilateral action of the Board of Secondary Education, Otissa (in short 'the Board'), cancelling his candidature for appearing at the Animal H. S. C. Examination, 2001.2. Bereft of all unnecessary details, the relevant facts of the case are :The petitioner after taking admission at R. D. HighSchool, Kandhanayagarh in the district of Nayagarh(opp. party No. 4's school) prosecuted his studies upto Class-Xand thereafter filled up the forms for appearing at theAnnual H. S. C. Examination, 2000 conducted by the Board.The Board authorities after scrutinising the application andon being satisfied that the petitioner has complied withall paraphernalias and has attended requisite numberof classes, permitted him to appear at the Annual H.S.C.Examination, 2000. Unfortunately, however, the petitionertailed in the said Examination. The guardian of the petitionerthoug...
Narada Maharana Vs. Pramila Kumari Dei
Court: Orissa
Decided on: Jun-22-2001
Reported in: AIR2002Ori33
P.K. Mohanty, J.1. The plaintiff is the appellant against the confirming judgment of the Courts below dismissing the suit for declaration.2. The plaintiff-appellant filed a suit for declaration that the sale deed executed by Dharamu Maharana in favour of Biki Dei, daughter of Champa, through her first husband, is invalid in law and for a partition of his half share therein. It was claimed that the suit property is the joint family property of both the branches. Gatei Maharana and Nitei Maharana. The learned trial Court held that the suit property is the exclusive property of Nitei's branch wherein the plaintiff has no right, title or interest and accordingly, dismissed the plaintiffs suit.3. The plaintiff carried tbe appeal to the first appellate Court. During pendency of the appeal before the first appellate Court, the appellant filed an application under Order 41 Rule 27 C.P.C. to admit into evidence two documents namely (a) a deed of family settlement of the year 1940 between Dharam...
The Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. Kumar ...
Court: Orissa
Decided on: Jun-22-2001
Reported in: 2001(II)OLR502
ORDERB.P. Das, J.1. The United India Insurance Company Ltd. (hereinafter referred to as the 'Insurer') has filed this appeal challenging the award dated 27.6.1998 passed by the 2nd M.A.C.T. (S.D.), Berhampur in M.A.C. No. 837 of 1996 (656/96). Respondents 1 to 3 were the claimants before the Tribunal.2. Facts of the case, briefly stated, are that on 7.10.1996 at about 3 p.m. on N.H. No. 5 near Rambha Sama Ghati while the deceased Antara Pradhan who was the husband of respondent No. 1, father of respondent No. 2 and son of respondent No. 3, was standing on the left side of the road, a truck bearing registration No. WMQ 5123 being driven in rash and negligent manner dashed against him causing his instantaneous death. The claim application was filed claiming compensation of Rs. 5,00,000/- from the appellant and respondent No. 4.3. The owner of the offending vehicle did not. contest the case and was set ex parte. The present appellant-insurer contested the case and filed written statement ...
Sri Daud Sagar Vs. State of Orissa
Court: Orissa
Decided on: Jun-21-2001
Reported in: 92(2001)CLT222; 2001CriLJ3868
P.K. Tripathy, J.1. Petitioner, who is an accused in G. R. Case No. 2116 of 1996 in the Court of S. D. J. M., Bolangir for the offence alleged under section 120B/469/420/34, I. P. C. read with section 9 of the Orissa Conduct of Examinations Act, 1988, has preferred this application under section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') with the prayer to quash the order of cognizance on the ground of non-existance of a prima facie case against the petitioner.2. Petitioner was the Chief Examiner of 2nd Paper English subject at Bolangir Centre in the Annual Higher Secondary Examination ( + 2 Examination) of 1996. The two other Co-accused persons were respectively the Examiner and the Scrutinizer. The F. I. R. lodged by the Controller of Examinations. Council of Higher Secondary Education, Orissa, is with the allegations that by their conduct the petitioner and the co-accoused persons have exhibited their mischief mind of improper valuations and for that purpose ...
Mahima @ Mahimananda Mishra and Others Vs. State of Orissa and Others
Court: Orissa
Decided on: Jun-20-2001
Reported in: 94(2001)CLT174; 2001(II)OLR104
L. Mohapatra, J.1. This application under section 482 of the Code of Criminal Procedure ('the Code', for short) has been filed for quashing the further investigation in Paradeep P, S. Case No. 162 of 1995, corresponding to G. R. Case No. 336 of 1998 pending in the court of the learned judicial Magistrate, First Class (P), Kujang.2. The case of the petitioners is that petitioner No. 1 is the Managing Director of Orissa Stevedores Limited, Petitioner No. 2 is one of the Directors of the said Company and petitioner No, 3 is a Senior Executive working in the said Company. One Soumesh Chakravarty lodged F. I. R. in Paradeep P. S. on 13-7-1995 stating that some unknown persons kidnapped one P. C: Das, opposite party No, 2, who is an Executive of M/s. J. M. Baxi & Co. while they were staying in Hotel Golden Anchor, Paradeep, in room No. 104. On the basis of the said F. I. R., Paradeep P. S. Case No. 162J95 was registered for offences alleged to have been committed under section 364/34, I. P. ...
Smt. Suryakanti Rao and Others Vs. Sarathi Rao
Court: Orissa
Decided on: Jun-20-2001
Reported in: 92(2001)CLT206; II(2001)DMC526; 2001(II)OLR126
P.K. Tripathy, J.1. This revision is directed against the judgment of learned Additional Sessions Judge, Titilagarh in Criminal Revision No. 11 of 1997.2. A detailed narration of facts is not necessary. The relevant fact is that petitioner No. 1 claiming as the legally married wife and petitioner Nos. 2 and 3 as the children out of wedluck claimed for maintenance under section 125, Cr. P. C. by filing an application in the court of S. D. J. M., Titilagarh which was registered as Criminal Misc. Case No. 43 of 1996. On 20-9-1996 an ex parte order of interim maintenance was passed granting interim monthly maintenance @ Rs. 200/- to each of the petitioners and the stipulation was made in that order that the petitioner shall execute a P. R. bond of Rs. 5,000/- with an undertaking to refund the interim maintenance amount if ultimately she would be found not entitled to the maintenance under section 125, Cr. P. C. On 27-3-1997, the proceeding under section 125, Cr. P. C. was disposed of ex pa...
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