Orissa Court November 2002 Judgments
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Panchu @ Panchanan Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Nov-12-2002
Reported in: 95(2003)CLT189; 2002(II)OLR650
B. Panigrahi, J.1. This appeal is directed against the order of conviction and sentence passed under Section 302, IPC by the learned 2nd Addl. Sessions Judge, Puri in Sessions Trial No. 31/165 of 1989 directing the appellant to undergo imprisonment for life.2. The short story of the prosecution as unfolded in course of trial is as follows :P.W. 8, Hatakishore Lenka of village Kathuaredi lodged a report at Brahmagiri Police Station by stating that on 4.8.88 around 6.00 P.M. while he was returning from his paddy field situated near Luniary Jungle he noticed that some crows were chirping Inside the jungle. Out of curiosity he along with one Rabi Baral of village Hatia went to the jungle and found an old Khurda napkin (M.O. VII) lying at the entrance of the jungle. They also marked streak of blood in the nearby area. After they advanced a little distance, they found a young man aged about 25 years lying dead beneath a mango tree with pool of blood. Such incident, however, 'aroused their su...
Dubulu Raksa Vs. State of Orissa
Court: Orissa
Decided on: Nov-11-2002
Reported in: 95(2003)CLT83; 2002(II)OLR648
B. Panigrahi, J.1. The order of conviction and sentence under Section 302, IPC passed against the appellant by the learned Sessions Judge, Sambalpur in S. T. No. 17 of 1990 directing him to undergo imprisonment for life has been assailed in this appeal.2. The prosecution case as narrated in the FIR is as follows :On 19.10.89 at about 5.00 P.M. Padmabati Oram (P.W. 3), the daughter of the informant (P.W. 1) came to the informant's house and narrated that the appellant was assaulting the deceased Tuni Dharua by means of a crow-bar. P.W. 1, his son and the brother of P.W. 4 came to the house of Padmabati and saw that Tuni Dharua was lying dead in front of the house of Padmabati in a pool of blood. There were bleeding injuries on his fore-head and back side of his head. P.W. 4 though gave some water to the deceased Tuni, but by that time he had succumbed to the injuries. P.W. 3 further informed her father that Tuni Dharua and Dubulu Raksa had come and sat on her verandah. After some talk a...
Arati Das and ors. and Sagar Das and anr. Vs. State of Orissa
Court: Orissa
Decided on: Nov-11-2002
Reported in: 2002(II)OLR683
B. Panigrahi, J.1. This appeal calls in question the order dated 04.09.2001 passed by the learned Additional Sessions Judge Rairangpur, in S.T. Case No. 47/193 of 2000, whereby and whereunder the appellants have been convicted under Sections 302/149 and 148/460 of the Indian Penal Code (for short 'IPC') and sentenced to undergo imprisonment for life and rigorous imprisonment for two years on each count respectively, the sentences to run concurrently.2. The prosecution case, as narrated in the trial Court's judgment, is as follows :P.W.1 Rohidas Das, the brother of the deceased lodged oral report on 03.04.2000 at 7.00 A.M. at the Rairangpur (Rural) P.S. that since long after the death of their father, the five brothers used to stay separately and the landed property had been amicably partitioned. Till the mother was alive she was staying with deceased Udaya. The two sons of the elder brother of the informant, namely, Maheswar and Jogeswar, used to stay outside and seldom came to the vil...
Oriental Insurance Co. Ltd. Vs. Duryodhan Das and anr.
Court: Orissa
Decided on: Nov-08-2002
Reported in: II(2003)ACC324; 2003(I)OLR159
Pradipta Ray, J.1. Claimant-Respondent No. 1 filed a claim case in the 2nd Motor Accident Claims Tribunal, Cuttack, stating that on December 25, 1992 while he was coming to Pattamundai from Rajnagar in his cycle, a Trekker bearing registration No. ORY 2515 came form the opposite direction in a high speed and dashed against his cycle and as a result the claimant fell from his cycle on the road suffering dislocation of his left pelvis and multiple injuries on different parts of the body. According to the claimant he was first taken to Pattamundai Hospital wherefrom he was referred to Kendrapara Hospital. He was treated as an indoor patient in Kendrapara Hospital for 1 days. His left leg had to be plastered. Subsequently, he came to S.C.B. Medical College Hospital, Cuttack. for further treatment as an outdoor patient. In Cuttack his plaster was removed but his leg had to be replastered. Plaster was ultimately removed at. Kendrapara Hospital after about one month.2. In spite of service of ...
Manohar Ram Chandra Patil Vs. Union of India (Uoi) and 3 ors.
Court: Orissa
Decided on: Nov-07-2002
Reported in: (2003)180CTR(Ori)548; [2003]260ITR87(Orissa)
P.K. Balasubramanyan, C.J. 1. In this writ petition, an assessee under the Income Tax Act, 1961 (hereinafter referred to as the 'Act') challenges the constitutional validity of Section 44-AD of the Income Tax Act, and on that basis seeks the issue of a writ of certiorari to quash the order of assessment made for the assessment year 1994-1995 and the demand made pursuant thereto. Admittedly, the assessee is a Sub-contractor of M/s. Tata Robin, Frasers Limited and during the assessment year, he had executed work as a sub-contractor under the Principal Contractor. Admittedly the petitioner did not maintain accounts relating to the sub-contractor works. In that situation, the assessing officer invoked Section 44-AD of the Act and presumed the income of the assessee at 8% of the gross receipts payable to the assessee by the principal contractor during the previous year on account of the sub-contract business. It is in that context that the assessee has challenged the constitutional validity...
The Managing Committee, Rukmani Devi Memorial Girls' High School, repr ...
Court: Orissa
Decided on: Nov-07-2002
Reported in: 2003(I)OLR27
P.K. Balasubramanyan, C.J.1. The Managing Committee of an aided High School is before us in this proceeding initiated under Articles 226 and 227 of the Constitution of India. The Managing Committee challenges the order of the State Educational Tribunal. Orissa dated 12.7.1999 in Appeal No. 13 of 1998 an appeal filed under Section 10-Aof the Orissa Education Act, to. the extent it is against the contentions of the Managing Committee and subsequent order of the Director of Secondary Education dated 10.4.2000 in its entirety. Respondent No. 4 in the writ petition was appointed as an Assistant Teacher by the Managing Committee on 29.9.1990. She was a Science graduate but she was not trained. The Inspector of Schools therefore did not approve her appointment. On 7.9.1993, Respondent No. 4 became trained graduate. Her appointment was approved on 16.10.1995. For her unauthorised absence. a notice was issued to her on 10.11.1995 to show cause why action should not be taken. This was followed b...
Nalini Prava Behera and ors. Vs. Akshaya Kumar Behera
Court: Orissa
Decided on: Nov-07-2002
Reported in: I(2003)DMC544; 2002(II)OLR658
B. Panigrahi, J.1. This appeal is directed against the order passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 8 of 1995 and Criminal Proceeding No. 263 of 1995, arising out of applications under Section 13(1) of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure respectively. The respondent-husband Akshaya Kumar Behera had filed the application under Section 13(1) of the Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion. On the other hand, the appellant Nalini Prava Behera along with her two children, one son and one daughter, had filed the application under Section 125, Cr. P.C. praying for maintenance. Both the cases were heard together and disposed of by a common order.2. Undisputedly, the marriage between appellant No. 1 and the respondent was solemnised according to Hindu rites and customs in May, 1984. After consummation of the marriage, both the parties led a happy conjugal life. Two children, one ma...
Raja Brajendra Kishore Singh Mandhata Vs. Amarendra Kishore Singh and ...
Court: Orissa
Decided on: Nov-06-2002
Reported in: 94(2002)CLT693
L. Mohapatra, J. 1. Plaintiff is the appellant before this Court. This suit was filed for a declaration that the plaintiff is the sole owner of the properties described in Schedule 'A' and 'B' of the plaint and the defendants have no manner of right, title and interest therein, for rendition of accounts in respect of the usufructs from out of Schedule A and B properties as well as for permanent injunction restraining the defendants, their agents or servants in exercising any right over the properties in any manner whatsoever and from withdrawing compensation payable in Land Acquisition Case Nos. 26/82 and 27/82 corresponding to Execution Case Nos. 7/88 and 8/88.2. The dispute relates to title over the A and B schedule properties of Ex-state of Nayagarh which was a feudatory State under the sovereignty of British Crown which became independent from British Crown on all important matters as per the divergencies entered into between the British Crown and Ex-State of Nayagarh. The case of ...
S. Tripat Patra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Nov-06-2002
Reported in: 2003CriLJ1591; II(2003)DMC734; 2003(I)OLR13
P.K. Tripathy, J.1. Appellant No. 1 is the husband of deceased Suryamani Patra (hereinafter referred to as 'the deceased'), Appellant Nbs. 2 and 3 are respectively the father-in-law and mother-in-law of the deceased, Marriage between the appellant No. 1 and the deceased was performed on 1-3-1993 and on 19-11-1993 she died due to consumption of poison i.e. insecticidal substance. Prosecution case to the aforesaid effect is not disputed by the parties. Because of the aforesaid death of the deceased, appellants faced a trial for the charge under Sections 498-A, 304-B/34, IPC read with Section 4 of the Dowry Prohibition Act (in short 'the Act'). Learned Additional Sessions Judge, Jeypore on 20th January, 2000 delivered the impugned judgment of conviction conviting each of the appellants for the aforesaid offences and sentencing each of them to undergo rigorous imprisonment for 10 (ten) years for the offence under Sections 304-B/34, IPC, rigorous imprisonment for two years for the offence u...
Kruttibas Rup Vs. State of Orissa
Court: Orissa
Decided on: Nov-06-2002
Reported in: 2003(I)OLR21
ORDERP.K. Tripathy, J.1. Heard.2. In this application under Section 482, Cr.P.C. petitioner prays to quash the order of cognizance under Sections 509/506. I.P.C. in G.R. Case No. 2068 of 1997 of the Court of S.D.J.M., Bhubaneswar.3. Admittedly, petitioner is the accused in the said case. That case was initiated on the basis on the F.I.R. lodged by one Mrs. Swapna Mohanty, the then Assistant Secretary, Orissa State Board of Pharmacy under the Drugs Controller of Orissa, Bhubaneswar.4. It reveals from the Case Diary that the admitted case of the parties is that on the date of the occurrence i.e. on 17.7.1997 petitioner was the Deputy Drugs Controller (Intelligence) and Member-Secretary of O.S.B.P., Bhubaneswar. When he wanted to assume charge the outgoing Member-Secretary and the present informant did not cooperate with him in respect of taking charge of the examination papers etc., and because of that misunderstanding there were certain development happened in the office as a result of ...
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