Orissa Court March 2002 Judgments
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Ghasia Harijan Vs. State of Orissa
Court: Orissa
Decided on: Mar-18-2002
Reported in: 93(2002)CLT825; 2002(II)OLR136
B. Panigrahi, J.1. The conviction and sentence passed by the learned Addl. Sessions Judge, Jeypore under Section 302 of the Indian Penal Code, in short 'IPC', in Sessions Case No. 101 of 1993 have been assailed in this appeal.2. The skeletal picture of prosecution story is as follows :On 11.8.1993 the informant Sugri Gonda, wife of the deceased lodged an information at the Kotpad Police Station by stating that the appellant had killed her husband in his Bari. She further narrated that on 11.8.1993 at about 5.30 P.M. Santi Gonda (P.W. 1) came running to her while she was in the field and narrated that the appellant had assaulted her husband in his Bari as a result of which he died instantaneously. Hearing this, the informant immediately rushed to the village and noticed that her husband was lying dead in a pool of blood in the Bari and the appellant had sustained bleeding cut injuries on his head and other vital parts of the body- At that time the appellant was only present in his house...
Dr. Sidhartha Patra Vs. Republic of India
Court: Orissa
Decided on: Mar-18-2002
Reported in: 2002CriLJ2354
ORDERL. Mohapatra, J.1. This application has been filed under Section 438 of the Cr.P.C. for grant of anticipatory bail in a case where charge-sheet has already been submitted against the petitioner and non-bailable warrant of arrest has been issued.2. From the record it appears that S.P.D. No. 3/2000 has been registered in the Court of the learned Addl. C.J.M.-cum-Special C.J.M. (C.B.I.), Bhubaneswar for the offences alleged to have been committed under Sub-section 120-B/292/343/254/366/376 read with Section 511 of the Indian Penal Code against the petitioner and two others. The question raised before this Court is with regard to maintainability of the application under Section 438 of Cr.P.C. when charge-sheet has already been submitted and warrant has been issued.3. Learned counsel for the petitioner submitted that even if charge-sheet is submitted and warrant of arrest is issued whenever there is an apprehension in the mind of the accused that he may be arrested in connection with t...
Bachu Bhai Patel and ors. Vs. Ashoka Kumar Sahoo
Court: Orissa
Decided on: Mar-15-2002
Reported in: 93(2002)CLT545
P.K.Tripathy, J.1. This Civil Revision has been listed for orders on the application for stay vide above noted Misc. Case. After hearing learned counsel for the petitioners, this Court finds that there is no illegality or jurisdictional error committed by learned Additional District Judge, Bargarh, in passing a conditional stay order on 1.2.2002 in Title Appeal No, 6 of 2002.2. It is mentioned in the revision application and also learned counsel for the petitioners states that Title Suit No. 46 of 1999 filed by the petitioners claiming right, title and interest over the disputed property was dismissed by the Civil Judge (Senior Division) Bargarh as per the decree passed in Title Suit No. 46 of 1999 which is under appeal, as above, in the court of Additional District Judge, Bargarh. He further states that the counter claim of the defendant who is the opposite party in this revision claiming as the owner of the house and describing the petitioners as his tenant was decreed in that suit w...
Sk. Abdul Rajak Vs. Smt. Gulban Bibi
Court: Orissa
Decided on: Mar-15-2002
Reported in: 93(2002)CLT777
P.K.Tripathy, J. 1. This is the second journey to this Court by the petitioner with respect to the dispute between the parties on the claim of maintenance under Section 125, Cr.P.C. by the opposite party on the ground asserted by her that she is the legally married wife of the petitioner. 2. Opposite party filed Cri. Misc. Case No. 97 of 1993, claiming for maintenance from the petitioner under Section 125, Cr.P.C. on the ground of cruelty and desertion and her destitute condition. While that application was pending in the Court of S.D.J.M., Puri, petitioner filed an application challenging maintainability of the proceeding Under/Section 125, Cr.P.C. on the ground of not taking his consent Under/Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, 'the Act'), so as to continue the proceeding Under/Section 125.Cr.P.C. He also pleaded, interalia, about a divorce between the parties. That application being rejected by learned S.D.J.M., petitioner unsuccessfu...
Sri Khagendra Pradhan and 3 ors. Vs. Umesh Chandra Mohapatra and 6 ors ...
Court: Orissa
Decided on: Mar-15-2002
Reported in: 93(2002)CLT704
P.K. Tripathy, J. 1. Heard.2. This Civil Revision is directed against the order passed on 10th October, 2001 by the learned Ad hoc Addl. District Judge (Fast Track Court), Balasore in Miscellaneous Appeal No. 33 of 1997. Defendants 1 to 4 are the petitioners before this Court.3. Plaintiffs instituted Title Suit No. 160 of 1996-I in the Court of Civil Judge (Sr. Division), Balasore, inter alia, claiming the suit property as their joint family property and the defendants acquiring no right, title and interest over that land on the basis of a sale deed executed by the Co-sharers. Their further contention is that the gift deed executed by another co-sharer in favour of the defendant No. 9 who is also a co-sharer, is void and did not convey any right and title in favour of that defendant. Plaintiffs also asserted their possession and attempt of the defendants 1 to 4 to damage the crop and interfere with their right and possession. Accordingly, they filed Miscellaneous Case No. 71 of 1996 an...
D.K. Gupta and Co. Vs. Indian Oil Corporation Ltd. and anr.
Court: Orissa
Decided on: Mar-15-2002
Reported in: AIR2003Ori32; 2003(1)ARBLR450(Orissa)
ORDERP.K. Balasubramanyan, J.1. On my allowing Miscellaneous Case No. 238 of 2001 and recalling the order passed in this case on 24-8-2001, with the consent of parties, the main case itself was taken up for fresh hearing.2. This petition is filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the 'Act') for appointment of an Arbitrator in terms of the Act. According to the petitioner, in the original, contract between the parties, there was an arbitration clause as contemplated in Section 7 of the Act, and in spite of the petitioner invoking Clauses 17 and 18 of the contract containing the arbitration clause, the opposite parties have not responded or have failed to name the Arbitrator, and in that situation, the petitioner was entitled to move the Chief Justice under Section 11 of the Act for appointment of an Arbitrator.3. The contention raised in defence is that there was no proper invocation of the arbitration clause by the petitioner an...
Saraswati Naik Vs. Akuli Charan Naik
Court: Orissa
Decided on: Mar-14-2002
Reported in: 93(2002)CLT541
P.K. Tripathy, J. 1. This Civil Revision is disposed of at the stage of admission after hearing learned counsel appearing for both the parties.2. Petitioner is the plaintiff in Title Suit No. 382 of 1991 pending in the Court of Civil Judge (Junior Division), Kendrapara. Petitioner filed an application under Order 39 Rule 1 C.P.C. praying for interim injunction and that was registered as Misc. Case No. 255 of 1991 in the said Court. When the prayer for interim injunction was refused by that Court petitioner filed a Misc. Appeal and presently that is pending in the Court of Addl. District Judge, Kendrapara vide Misc. Appeal No. 69 of 1995. An application was filed by the petitionerto amend the Misc. petition of Misc. Case No. 255 of 1991 with the prayer to insert the pleading regarding acquisition of the property on the basis of gift deed in the year 1935. That prayer was turned down by the learned Additional District Judge on 17.1.2000 on the ground that such a plea advanced by the peti...
Ms. Pupli Das and Ms. Sunayana Mohanty Vs. Chairman, Admission Sub-com ...
Court: Orissa
Decided on: Mar-14-2002
Reported in: 93(2002)CLT590
P.C. Naik, J.1. The prayer is both the writ petitions being common, they were heard analogously and are being disposed of by this common judgment. 2. The writ petitioner appeared at the Joint Entrance Examination (E & M) - 2000 for which counselling was held on 24th and 25th July, 2000. The rank of petitioner - Ms. Pupli Das (OJC No. 7230/ 2000) was at serial No. 213 and that of petitioner - Ms. Sunayana Mohanty (OJC No. 7231/2000) was 214 in the general category. It is the case of the petitioners that due to the wrong procedure having been adopted by the Opp. parties, they were deprived of being admitted to the M.B.B.S. Course and accordingly, there being no other option, they were forced to take admission to the B.D.S. Course, 2000 at S.C.B. Medical College, Cuttack. it is their further case that since 229 seats are available in the general category, the petitioners, who were placed at Serial Nos. 213 and 214 were entitled to take admission to the M.B.B.S. Course. But that was not do...
Srikantha Mandal Vs. Government of Orissa, Represented by Collector, B ...
Court: Orissa
Decided on: Mar-14-2002
Reported in: 93(2002)CLT543
P.K. Tripathy 1. Heard. 2. This Civil Revision is disposed of on consent and participation of both the parties, at the stage of admission.3. Learned counsel for the petitioner files certified copy of the order passed by learned Civil Judge (Senior Division), Balasore in Misc. Case No. 584 of 1 996.4. Petitioner filed O. S. No. 434 of 1996-1, inter alia with the prayer for declaration of his right, title and interest on the suit property described in the schedule of the plaint. He filed an application under Order 39, Rules 1 and 2, C.P.C. registered as Misc. Case No. 584 of 1996 with the prayer to restrain the State Government represented through the Collector, Balasore and the Tahasildar, Baliapal not to evict him from the suit land and accordingly to issue an order of interim injunction. In that respect case of the plaintiff is that he is in possession of the suit land from the days of his father and matured his possessory title against the State. Though in the impugned orders of the ...
Smt. Laxahira Nayak and ors. Vs. Sri Subash Chandra Nayak and ors.
Court: Orissa
Decided on: Mar-14-2002
Reported in: 93(2002)CLT687; 2002(I)OLR552
P.K.Tripathy, J.1. Both the parties agree for disposal of the Civil Revision at the stage of hearing on admission.2. Heard. The Civil Revision is disposed of in the following manner.3. This revision is directed against rejection of an application under Section 24, Code of Civil Procedure, 1908 (in short 'the Code'), as per the impugned order dated 22.1.2000 by the District Judge, Balasore in Miscellaneous Case No. 70 of 1998.4. Petitioners are the plaintiffs in Title Suit No. 544 of 1995-1 pending in the Court of Civil Judge (Senior Division), Baiasore, wherein prayer has been made for a decree for partition. In that suit plaintiffs 1 to 3 in O.S. No. 1103 of 1994 of the Court of Civil Judge (Junior Division), Balasore are the defendants 8, 9 and 10. It is stated in the impugned order and also by learned counsel for the petitioners that lot No. 10 of the plaint scheduled property in the above suit for partition is the suit property in O.S. No. 1103 of 1994-1.5. Plaintiffs in O.S. No. 1...