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Orissa Court July 2001 Judgments

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Jul 31 2001

Kishore Das Vs. State of Orissa

Court: Orissa

Decided on: Jul-31-2001

Reported in: 2001CriLJ4801; 2001(II)OLR238

A.S. Naidu, J.1. This Jail Criminal Appeal is directed against an order of conviction of the appellant for offences Under Sections 302 and 404, IPC for having committed murder of one Raja Goudani (hereinafter referred as 'the deceased') and for misappropriating her golden ornaments on 1.9.93 at Kendudhipa jungle near village Nuagada in the district of Ganjam.2. Shorn of all the unnecessary details, the short facts are :Rama Gouda, the husband of the deceased used to tend goats. He along with his son used to take goats to different places for grazing and return in late afternoon everyday. The deceased as a matter of course, used to carry food for them at noon. On 1.9.93, the deceased took food for her husband and son to Kendudhipa jungle where they were grazing the goats. Rama and his son took their afternoon meals and thereafter, the deceased returned carrying the utensils and some left-over food. It is stated in the FIR that the deceased was wearing a Khasu mali (gold coins stung with...


Jul 26 2001

NabIn Pradhan Vs. State of Orissa

Court: Orissa

Decided on: Jul-26-2001

Reported in: 92(2001)CLT628

B. Panigrahi, J. 1. This appeal assails the judgment andorder passed by the 1st. Addl. Sessions Judge, Berhampur, inSessions Case No. 15/93 (S. C. 55/93-G. D. C.) whereby theappellant was convicted under section 302, I. P. C. and sentencedto undergo rigorous imprisonment for life and under section 323,I. P. C further sentenced to undergo rigorous imprisonment fortwo months. 2. The scenario of the prosecution story depicted in course of trial is as follows :-- The appellant Nabin Pradhan is the eldest son of deceased Chhaila Pradhan. They were living in separate mess, but in the same house on the date of occurrence. The appellant waspersistently demanding a share from the house, but the deceased could not part with a portion as the residential house was inadequate for partition. Therefore, the deceased suggested the appellant to take another house site adjoining to their residential house. Therefore, there was misunderstanding and bickering which turned out to the unfortunate incident. ...


Jul 25 2001

Anam Charan Behera Vs. State

Court: Orissa

Decided on: Jul-25-2001

Reported in: 2002CriLJ381

ORDERC.R. Pal, J. 1. The petitioner being aggrieved by the order dated 9-5-2001 passed by the learned S.D.J.M. (Sadar), Cuttack in G.R. Case No. 1775 of 1985 rejecting his prayer to dispense with his personal attendance in terms of Section 205, Cr. P.C. has filed this petition for quashing the impugned order.2. The petitioner is an accused in G.R. Case No. 1775 of 1985 of the Court of S.D.J.M. (Sadar), Cuttack. The allegation against him is that on 11-7-1985 at about 2.00 a.m. he entered into the house of the informant Mula Sahoo through the window of the kitchen room and seeing him the inmates of the house raised alarm and with the help of others caught hold of the petitioner and handed him over to the Grama Rakhi. But, the Grama Rakhi freed him on the request of the villagers. The matter was reported at the police station and a case was registered against the petitioner for the alleged offences under Sections 457, 380, 511, 224, 225, IPC. After investigation, police submitted charge ...


Jul 24 2001

Morning Flight Vs. Steel Authority of India and ors.

Court: Orissa

Decided on: Jul-24-2001

Reported in: AIR2002Ori95

ORDERA.S. Naidu, J.1. The petitioner, a private courier service Firm, has filed this writ application, inter alia, praying to quash the 'courier service contract' given to opposite party No.3 by opposite parties 1 and 2 i.e. the Steel Authority of India Limited, for the period 2001-2002.2. It is averred that opposite parties 1 and 2, which is a public sector undertaking, issued a notice on February 10, 2001, inviting tenders for carrying mail and materials to and from Bolani Ore Mines to R.N.D., Calcutta and to any other consignee and addressee which may be intimated from time to time (vide Annexure-1). The period of contract was for one year. The instructions to the tenders annexed to the Tender Notice stipulated the terms and conditions and other parafernalias to be complied by the tender. A copy of the instructions to the tenderers is enclosed as Annexure-2 to the writ application. On the same day, the special conditions of the contract was also published and supplied to the intendi...


Jul 23 2001

Oriental Insurance Co. Ltd. Vs. Kusa Dalabehera Alias Krushna and anr.

Court: Orissa

Decided on: Jul-23-2001

Reported in: 2003ACJ182; 2001(II)OLR232

B. Panigrahi, J.1. This appeal is directed against the award passed by the Commissioner for Workmen's Compensation- cum-Assistant Labour Commissioner, Angul, in W.C. Case No. 34/97.2. The facts involved in this appeal are stated below : The claimant's son Bikram Dalabehera was employed as a Driver in M/s. Golden Aqua Firm, Balasore, whose proprietor was one Swarup Kumar Das, present respondent No. 2. While said Bikram Dalabehma was driving the vehicle bearing Engine and Chasis No. DU 66867, a Jeep belonging to respondent No. 2. it met with an accident on 24.6.1997 near Basta at 12.30 p.m. as it collided against another Jeep bearing number WB 34-A-7999 which was coming from the opposite direction, as a result of which said Bikram Dalabehera sustained severe bleeding injuries and was immediately shifted to Rupsa Primary Health Centre and thereafter to the S.C.B. Medical College and Hospital, where he died on 30.6.1997. The Jeep in question was insured at the time of accident. The claiman...


Jul 19 2001

New India Assurance Co. Ltd. Vs. Manjulata Rout and ors.

Court: Orissa

Decided on: Jul-19-2001

Reported in: (2002)ILLJ422Ori; 2001(II)OLR246

B. Panigrahi, J.1. This appeal has been heard on merits at the admission stage on consent of counsels for both parties. This appeal has been directed against the order/judgment passed by the Workmen's Compensation Commissioner, Cuttack (in short the 'Commissioner') in W.C. Case No. 427-J of 1994, whereby the Commissioner has directed the appellant-Insurance Company to pay Rs. 77,500/- as compensation to claimant-respondents 1 to 4 within thirty days from the date of the order. 2. The claimant-respondents claimed to be the dependents of deceased Santosh Kumar Rout, who was employed as a Coolie in the truck bearing registration number OR-04-6395. Said Santosh Kumar Rout was going in the aforesaid truck as Coolie on Daitari- Paradeep Express Highway from Paradeep to Chandikhole. Near Badapalgoda, the said truck met with an accident as it had collided with another truck and due to such accident, Santosh Kumar Rout instantaneously died. 3. The driver Bhaskar Chandra Mallik who has been exam...


Jul 19 2001

Subhas Chandra Mishra Vs. Lokpal and anr.

Court: Orissa

Decided on: Jul-19-2001

Reported in: 2001(II)OLR248

R.K. Patra, J.1. By this application under Articles 226 and 227 of the Constitution of India the petitioner seeks quashing of the order dated 19.4.2001 made by the Lokpal and the notice No. 211/SRC dated 19.5.2001 issued by the Special Relief Commissioner, Orissa to him.2. The case of the petitioner is that at present he is the Engineer Member under the Bhubaneswar Development Authority (hereinafter referred to as 'B.D.A.') which is a statutory authority having been constituted under Sub-section (3) of the Section 3 of the Orissa Development Authorities Act, 1982. The B.D.A. consists of the following members :(i) Chairman(ii) Vice-chairman(iii) An Engineer Member to be appointed by the State Government, Planning Member appointed by the State Government. (iv) An architect member to be appointed by the State Government.(v) The Secretary, Housing and Urban Development Department of the Government.It takes up development works which are executed after inviting tenders. The tender committee...


Jul 13 2001

Balangir District Rice Mill Association and anr. Vs. State of Orissa a ...

Court: Orissa

Decided on: Jul-13-2001

Reported in: AIR2002Ori12

P.K. Mohanty, J. 1. The petitioners, Balangir District Rice Mills Association through its Secretary and Tanwani Rice Mill through its partner have filed this writ application challenging the policy decision of the Government, fixing and creating a target for the Khariff year 2000-2001 for procurement of rice by the Food Corporation of India from different districts allegedly in violation of the Orissa Rice and Paddy Procurement (Levy) and Restriction on Sale & Movement Order, 1982 (hereinafter called as 'the Procurement Order, 1982) and have prayed 'for quashing Annexures-4, 4/1, 4/2, 6 and 6/1 and for a direction to the opp. parties to strictly enforce the 1982 Procurement Order and purchase 75% of the rice produced and/or milled by the petitioners. 2. Petitioner No. 1 is a registered Association of 27 rice mills situated in the district of Balangir and petitioner No. 2 is one of the aggrieved mills and its partner is the Secretary of petitioner No. 1's Association. The members of the...


Jul 13 2001

Paragon Associates and anr. Vs. Pasupati Feeds

Court: Orissa

Decided on: Jul-13-2001

Reported in: 2001CriLJ3737; 2002(I)OLR157

L. Mohapatra, J.1. This application under Section 482, Cr. P.C. has been filed to quash the proceeding I.C.C. No. 28/98, pending in the Court of the learned J.M.F.C. (Rural), Cuttack.2. Case of the complainant-opposite party is that it is a partnership firm manufacturing cattle feed at Village Kairapari under the Tangi Police Station and Prakash Kumar Rout is the Managing Partner of the firm. After obtaining loans from different financial institutions the firm decided to contact with the manufacture of Plant and Machinery for commissioning the Cattle Feed Plant. Accused-petitioner company which was also involved in manufacturing cattle feed plant was contacted by the complainant and the complainant was introduced to believe that the accused-petitioner firm is a pioneer organisation in India in manufacturing cattle feed pellet making plant. At the time of visit of the Managing Partner, the accused-petitioner also handed over quotation for supply of the plant and machinery. The Managing ...


Jul 13 2001

Baikuntha Bihari Mohapatra Vs. State of Orissa

Court: Orissa

Decided on: Jul-13-2001

Reported in: 2001CriLJ4151

ORDERL. Mohapatra, J.1. This application under Section 482, Cr. P.C. has been filed challenging the Judgment and order dated 11-6-2001 passed by the learned Additional Sessions Judge, Angul, in Criminal Revision No. 16 of 2001 dismissing the revision and confirming the order dated 7-6-2001 passed by the learned Sub-Divisional Judicial Magistrate, Angul, rejecting the prayer of the petitioner for release of the vehicle seized for offence committed under the provisions of the Wild Life (Protection) Act, 1972 ('the Act', for short).2. The case of the prosecution is that on 15-5-2001 at night while performing night patrolling on Angul-Tikarapada PWD Road, the Divisional Forest Officer, Satkosia Wild Life Division, detected a white Tata Indica car bearing registratipn No. OR-02-R/2879 coming from Tikarapada area towards Angul. The car was intercepted and during search a fresh dead common Indian hare' was detected lying inside the dickey of the car. Accordingly the car was seized and a seizu...


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