Orissa Court August 2001 Judgments
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Bhagabat Pradhan Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-14-2001
Reported in: AIR2002Ori98
ORDERL. Mohapatra, J. 1. The petitioner in this writ application has prayed for quashing Annexure 5(B) wherein by order dated 21-5-1996 the State Government decided to stop payment of Freedom Fighters' pension under the Freedom Fighters' Pension Scheme, 1972 on the ground that the particulars furnished by the petitioner for getting pension under the scheme are not acceptable. 2. Case of the petitioner is that the Government of India introduced a scheme, i.e. Freedom Fighters' Pension Scheme, 1972 for providing pension to the living freedom fighters or to their families if such freedom fighters are no more alive. Under the scheme, the Freedom Fighter has been defined as a person who has suffered a minimum imprisonment for six months in the main land jails before Independence. The claims that he had actively participated in the Quit India Movement and was convicted under Section 188 of the Penal Code and was sentenced to imprisonment. His further case is that because of such conviction h...
G. Rama Rao Reddy Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-14-2001
Reported in: 2001(II)OLR486
L. Mohapatra, J.1. The petitioner in this application Under Section 482, Cr.P.C. has challenged the order dated 8.8.1995 passed by the learned J.M.F.C. (T), Berhampur rejecting the application of the petitioner for quashing the order taking cognizance as well as the order passed by the revisional Court, i.e. Special Judge (Vigilance), Berhampur dated 14.9.2000 dismissing the revision.2. Case of the prosecution is that on 2.7.1995 at about 3.45 p.m. C.I. (Sadar), Berhampur while returning from duty detected eight bags of Jaggery (Guda) in a tempo. On being asked, the accused persons namely Iswar Ch. Sahoo and R. Gama Reddy could not explain about the possession and transportation of the said Jaggery (Guda). Since it was suspected that the said Jaggery (Guda) is not fit for human consumption or cattle feed, the accused persons were arrested and forwarded to the Court on 3.7.1995. On the same day, the petitioner was arrested and sixteen bags of Jaggery (Guda) containing 50 kgs. each in pa...
Dhanraj Gupta Vs. State of Orissa
Court: Orissa
Decided on: Aug-13-2001
Reported in: 92(2001)CLT343; 2001(II)OLR318
B. Panigrahi, J.1. This revision is directed against the appellate judgment/order passed by the Sessions Judge, Sundar-garb, in Criminal Appeal No. 72 of 1992, confirming the order of conviction and sentence passed by the Sub-Divisional Judicial Magistrate, Bonai, in 2(c) C. C. Case No. 135 of 1990 under section 16(1) (a) and (c) read with section 7 (iii) & (v) of the Prevention of Food Adulteration Act, 1954 and also Rule 50 of the Rules framed thereunder.2. The factual matrix as narrated in the judgment of the courts below is as follows: On 21-2-1990 at about 9 a. m., the Food Inspector, Sundargarh (p. w. 1) had visited the grocery shop of the accused-petitioner who was having his business in the name and style of 'Agarwala Store' situated at Koida market. While p. w. 1, the Food Inspector, reached the petitioner's shop, the petitioner in hot haste ran away from the shop without allowing the Food Inspector to draw sample or purchase food articles. The Food Inspector frantically searc...
Mandal Alias Madhusudan and Khandet Alias Khandual Vs. State of Orissa
Court: Orissa
Decided on: Aug-13-2001
Reported in: 2001(II)OLR386
B. Panigrahi, J.1. This appeal assails the judgment/ order passed by the learned Sessions Judge, Mayurbhanj, Baripada, in S.T. Case No. 55 of 1993, whereby the appellant was convicted Under Sections 302 and 201, I.P.C. and sentenced to undergo rigorous imprisonment for life Under Section 302, I.P.C. No separate sentence was awarded Under Section 201, I.P.C.2. The scenario of the prosecution case as revealed during course of trial is as follows :On 4.12.1992, the appellant along with two other associates took a Video set. Generator, Cassettes from Premsankar Mishra of village Jharadihi on hire with undertaking to return those articles on the next following day. Those articles had been carried by Operator Diku Majhi, who went along with the appellant and his two other associates. But on the following day neither Diku Majhi returned, nor the equipments were returned. Suspecting that a mischievous game might have been played by the appellant and his associates, Premsankar and his nephew Ra...
National Insurance Co. Ltd., Cuttack Through Administrative Officer, H ...
Court: Orissa
Decided on: Aug-10-2001
Reported in: 92(2001)CLT351; 2001(II)OLR339
B. Panigrahi, J.1. These two appeals, one at the instanceof the Insurance Company and the other by the claimants, ariseout of the judgment and award passed by the Second MotorAccident Claims Tribunal, Cuttack, in Misc, Case No. 384/1990,directing the Insurance Company to pay a sum of Rs. 1,06,000/-including a sum of Rs. 5,000/- towards loss of consortium, toclaimant-respondents 1 to 3.2. Claimant-respondent No. 1 is the widow and claimant-respondents 2 and 3 are the parents of deceased Framed. Kumar Bhuyan, who died on 28-3-1990 at 8.30 p.m. while he was comingby a cycle when the Dumper bearing registration number WBI 5673 belonging to the owner-respondent No. 4 knocked down the deceased from front side resulting his death. The claimants filed claim application claiming Rs. 2,00,000/- as compensation. The owner did not appear and the Insurance Company contested the case by filing a written statement generally denying the allegations made in the claim application. The Claims Tribunal af...
National Insuzrance Co. Ltd. Vs. Hemalata Bhuyan and 3 ors.
Court: Orissa
Decided on: Aug-10-2001
Reported in: 1(2002)ACC186
B. Panigrahi, J.1. These two appeals, one at the instance of the Insurance Company and the other by the claimants arise out of the judgment and award passed by the Second Motor Accident Claims Tribunal, Cuttack, in Misc. Case No. 384/1990, directing the Insurance Company to pay a sum of Rs. 1,06,000/- including a sum of Rs. 5,000/- towards loss of consortium, to claimant-respondents 1 to 3.2. Claimant-respondent No. 1 is the widow and claimant-respondents 2 and 3 are the parents of deceased Pramod Kumar Bhuyan, who died on 28.3.1990 at 8.30 p.m. while he was coming by a cycle when the Dumper bearing registration number WBI 5673 belonging to the owner-respondent No. 4 knocked down the deceased from front side resulting his death. The claimants filed claim application claiming Rs. 2,00,000/- as compensation. The owner did not appear and the Insurance Company contested the case by filing a written statement generally denying the allegations made in the claim application. The Claims Tribun...
Satru Alias Satrughana Gouda Vs. State of Orissa
Court: Orissa
Decided on: Aug-09-2001
Reported in: 2001(II)OLR327
A.S. Naidu, J.1. A letter written by the accused-appellant from jail is entertained and registered as a jail criminal appeal.2. The appellant is convicted Under Section 302 read with Section 34, I. P. C. and has been sentenced to undergo imprisonment for life by the First Additional Sessions Judge, Berhampur. On the basis of an F. I. R. lodged by one Padma Charan Sarangi on 3.10.94, the Officer-in-charge of Badagada Police Station in the district of Ganjam registered P. S. Case No. 61 of 1994 which subsequently converted to Sessions case No. 5 of the 1995/S. C. No. 20 of the 1995-GDC.3. Bereft of unnecessary details, the short facts as narrated in the F. I. R. are that Nilachal Sadangi (herein referred to as the 'deceased'), brother of the informant Padma Charan Sadangi, a resident of village Mathura, had been to his fie,ld on 2.10.1994 for the purpose of watering the crops. He did not return till 8 p.m. The villagers or Mathura, thereafter searched for said Nilachal Sadangi in the nea...
Collector, Kalahandi and ors. Vs. Pawan Kumar Gupta
Court: Orissa
Decided on: Aug-06-2001
Reported in: AIR2002Ori1
L. Mohapatra, J. 1. This appeal at the instance of the defendants is directed against the decision of the learned Subordinate Judge, Nawapara, Kalahandi decreeing the respondent's suit for Rs. 5,30,210/-with interest @12% per annum from the date of institution of the suit till payment. 2. The respondent filed the suit for a direction to the appellants to pay the loss allegedly sustained by him in respect of the standing trees and felled trees (unpassed) numbering 253 and 727 respectively, with interest @12% per annum. Case of the plaintiff-respondent is that a sale notice was published by the defendant No. 2 in the Orissa Gazette dated 1-8-1980 for sale of timber, firewood and other minor forest produce of it's Division by auction sale which was scheduled to be held at Divisional Officer, Khariar on 18-8-80 and 19-8-80. In response to the sale notice plaintiff-respondent took part in the auction and being the highest bidder in respect of GandhamardhanS.W.C. No. 11, Lot No. 11, Division...
Dr. (Mrs.) Juthika Mohanty Vs. State Administrative Tribunal and ors.
Court: Orissa
Decided on: Aug-06-2001
Reported in: 2001(II)OLR342
R.K. Patra, J.1. All the aforesaid writ petitions divided into two sets. The first set consists of O. J. C. No. 10973 of 1997. 11093 to 11096 of 1997, 11240 of 1997, 11561 of 1997, 11562 of 1997, 15966 of 1997, 15967 of 1997, 15968 of 1997, 16132 of 1997, 3185 of 1999. 5413 of 1999 and 5944 of 1999. The second set consists of O. J. C. Nos. 17607 of 1998. 3460 of 1999, 4136 of 1999, 4455 of 1999, 5945 of 1999 and 4189 of 2000.In the first set of cases, the petitioners have prayed for quashing of order dated 3. 7. 1997 of the Chairman, Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O. A. Nos. 2250 (C) of 1993, 2747 (C) of 1994. 3 (C) of 1995 and 746 (C) of 1998 and order dated 9.3.1999 of Bhubaneswar Bench of the Tribunal in O. A. No. 464 (C) of 1998 and O. A. No. 3247 (C) of 1997. One of the grounds of challenge is that under the Administrative Tribunals Act, 1985, a single member of the Administrative Tribunal has no jurisdiction to decide the vires of a statute and declare ...
Sirish Jaltara Vs. State of Orissa
Court: Orissa
Decided on: Aug-03-2001
Reported in: 93(2002)CLT63
M. Papanna, J.1. This is an application under section 439 Cr.P.C. filled by the Petitioner Sirish Jaltare seeking his pre-trial release from detention in the jail custody in G.R.Case No.2089/2000 arising out of Khandagiri P.S.Case No.231/2000.2. The prosecution case.as disclosed from the FIR lodged by the S.I.of Police,Khandagiri P.S., is that after station diary entry No,609 dated 24.6.2000 was made on the information received by the said S.I. that a truck bearing registration No.MP-24-C-3536 was plying from Cuttack side towards Khurdha loaded with non-duty paid adulterated foreign liquior, the said S.I. accompanied bya constable stopped the vehicle at Khandagiri Chhak and on enquiry from the driver of the vehicle the latter told that it was loaded with washing soaps.However, in the mean time the driver along with the helper of the truck escaped from the notice of the said police officer who thereafter on search of the vehicle found that it was loaded with foreign liquor packed in car...
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