Orissa Court April 2002 Judgments
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The Tata Engineering and Locomotives Company Limited Through Its Sr. M ...
Court: Orissa
Decided on: Apr-23-2002
Reported in: 93(2002)CLT771; 2002CriLJ3425
P.K. Tripathy, J.1. Petitioner who is the Senior Manager (Law) of the Tata Engineering & Locomotives Company Limited has filed this Application under Section 482, Cr.P.C. with the prayer to quash the order of cognizance and the complaint case vide I.C.C. No. 214 of 1996 of the Court of S.D.J.M., Bhubaneswar on the ground of absence of a prima facie case. Annexure-1 is the copy of the complaint filed by the petitioner wherein accused No. 1 on whose behalf this application is moved, has been described as follows :'1. The Tata Engineering & Locomotives Company Ltd. represented through its Managing Director, having its Regional Sales Office for Orissa, at N. H. No. 5, Patrapara, Bhubaneswar, District - Khurda.'The aforesaid description of accused No. 1 indicates that petitioner is not an accused in the said complaint case. The petitioner has not averred that he is the power of attorney holder or he has been authorised by the said accused to move application on his behalf. In fact it is dou...
Prafulla @ Mangulu Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Apr-23-2002
Reported in: 95(2003)CLT266; 2002(I)OLR662
B. Panigrahi, J.1. The appellant Prafulla @ Mangulu Pradhan has called in question the validity, legality and propriety of the order of his conviction under Section 302 of the Indian Penal Code (for short, 'IPC') for committing the murder of Nabaghan Bisoi and sentence of imprisonment for life passed by the Second Additional Sessions Judge, Berhampur, in S.C. No. 23 of 2001 (S.C. No. 85 of 2001-GDC).2. The skeletal picture of the prosecution story, as revealed during trial, is that on 18.8.2000 at about 2.00 A.M., the de facto complainant Khali Bisoi (P.W. 2) of village Banaraghunathpur lodged a report at Kabisurya Nagar Police-station vide Ext. 22 stating that his son Nabaghan Bisoi (deceased) was working at Surat along with other villagers and relatives. All of them decided to construct a Gram Devati Temple in the village by collecting subscriptions out of their income. Somehow or other, a dispute arose amongst them at Surat, which could be solved there. Notwithstanding such settleme...
Antaryami Dalabehera Vs. Bishnu Charan Dalabehera
Court: Orissa
Decided on: Apr-18-2002
Reported in: 93(2002)CLT585; 2002(I)OLR531
Pradip Mohanty, J. 1. The petitioner filed this revision challenging the order dated 20.7.2000 passed by the learned District Judge, Phulbani, in Misc. Appeal No. 8 of 1999 by which the appellate Court below has set aside the order dated 6.4.1999 passed by the learned Civil Judge (Junior Division), Phulbani, in M.J.C. No. 4 of 1999 arising out of T.S. No. 5 of 1994. 2. The petitioner is the defendant and the opposite party is the plaintiff. The opposite party-plaintiff filed Title Suit No. 5 of 1994 in the court of the Civil Judge (Junior Division), Phulbani, praying for declaration of right title and interest in respect of plot No. 891 of Khata No. 110 for permanent injunction restraining the defendant-petitioner from disturbing the peaceful possession of the disputed land measuring 28' x 4'. 3. The case of the plaintiff-opposite party, as it transpires from the plaint, is that, his grand-father Bhaskar Dalabehera was the recorded tenant in 1922 Record-of-Rights in respect of Sabik Pl...
Pratap Kishore Mund Vs. Secretary to Government, Schools and Mass Educ ...
Court: Orissa
Decided on: Apr-18-2002
Reported in: 94(2002)CLT173; 2002(II)OLR8
R.K. Patra, J. 1. The petitioner in this writ petition seeks to assail the validity of the order dated 20.7.2001 (Annexure-1) by which the Orissa Administrative Tribunal (hereinafter referred to as 'the Tribunal') rejected the application filed by him along with three others on the ground of limitation as well as want of permission to file a joint application as required under Rule 4(4) of the Orissa Administrative Tribunal (Procedure) Rules, 1986.2. Facts leading to fifing the writ petition are briefly stated hereunder :The petitioner along with three others filed G. A. No. 1920 of 1993 before the Tribunal Praying for a direction to count the period of services rendered by them in sided schools towards seniority and consider their case for promotion to Senior Subordinate Education Service Cadre. Their case was that they are all trained graduates and were serving as Assistant Teachers in Dharmagarh High School in the district of Kalahandi between 1962 to 1970. Their appointments were d...
Budhia Alias Budhadev Dalei Vs. State of Orissa
Court: Orissa
Decided on: Apr-18-2002
Reported in: 2002(I)OLR676
B. Panigrahi, J.1. In this appeal the sole appellant has challenged the conviction and sentence passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 28 of 1990 directing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code for commission of murder of one Sanatan Rout.2. Skeletal picture of the prosecution story as revealed during trial is that on 9.2.1990 the de facto complainant Rabindra Kumar Rout, the brother of one Sanatan Rout sent his brother to his father-in-law's house at village Sainkul at 3.00 P.M. to call him to their house for purchase of some utensils for the marriage of the sister-in-law of P.W. 1. In the same night while P.W. 1 was in his house one Alekha Jena, a co-villagers came to him and informed that at 6.30. P.M. while he along with Anakar Ojha were proceeding towards the village Tarava saw his brother Sanatan at the out-skirt or village Bareswar. But on returning towards his home from Tarava, he found the dead body o...
Sri Gati Krushna Sahoo Vs. Union of India (Uoi), Through Its Secretary ...
Court: Orissa
Decided on: Apr-17-2002
Reported in: 93(2002)CLT764
A.K. Patnaik, J.1. The petitioner has been working as a 'Rakshyak' in the Railway Protection Force. He was posted to Dhanmandal Railway Station on duty on 28.5.1983. On account of an occurrence which took place at the Dhanmandal Railway Station on 3.6.1983, he was placed under suspension w.e.f. 1.7.1983. On 7.7.1983 the Asst. Security Officer, Railway Protection Force, Khurda Road served a charge sheet on the petitioner. In the said charge sheet, the charge alleged against the petitioner is that he committed gross misconduct and was guilty of negligence in duties in as much as he failed to prevent or detect the theft of 149 kgs. of rice from Wagon No. SE 25093 Ex. Patiala to Bhubaneswar standing on Line No. 3 of Dhanmandal Station. Alongwith the charge, a statement of allegations against the petitioner was furnished and on the said statement of allegations it was alleged that on 3.6.1983 at 1.00 hrs. S. I. M. Khan of Cuttack and others during their secret watch, noticed that two crimin...
Pitambar Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-16-2002
Reported in: 93(2002)CLT679
P.K. Balasubramanyan, C.J. 1. The petitioner is a licensee of Indian Made Foreign Liquor 'ON' shop in Kuakhia in the district of Jajpur for the excise year 2001-2002. He was running his shop during that year in plot No. 1696, KhataNo. 423. He wanted to shift that shop to another site, namely, plot No. 2005, Khata No. 206. He wrote a letter in that behalf to the Collector, Jajpur through Superintendent of Excise, Jajpur, a copy of that letter is marked Annexure-3, but it does not bear any date. Nor is there any allegation in the writ petition as to when exactly that application was made. But, according to the petitioner, objections thereon were invited on 27.8.2001 under Annexure-4. According to the petitioner no objection was received and the Commissioner of Excise recommended the application. 2. While matters stood thus, the excise year 2001-2002 was coming to a close. According to the petitioner, on 30.3.2002 he approached the Superintendent of Excise for renewal of his 'ON' licence ...
Sabera Bibi Vs. Dr. Syed Habibur Raheman
Court: Orissa
Decided on: Apr-16-2002
Reported in: 2003CriLJ1608
B. Panigrahi, J.1. The Criminal appeal filed by appellant wife Sabera Bibi from an order passed by the learned Judge, Family Court, Cuttack directing refund of an amount of Rs. 5450/- being realised from the respondent by execution of a distress warrant and the Criminal Revision filed by the petitioner-husband Dr. Sayed Khalilur Rahman against an order of the S.D.J.M. Cuttack dismissing the application of the revisionist for exonerating him from paying the maintenance amount are assailed before us. These two cases have been heard together and this common order will govern both the cases.2. Appellant Sabera Bibi has claimed to be the married wife of Dr. Sayed Khalilur Rahman, the revisionist, and out of their wedlock a female child was born. The wife-Sabera Bibi filed an application for maintenance under Section 125. Cr.P.C. which was registered as Criminal Misc. Case No. 127 of 1980 in the Court of S.D.J.M. Cuttack. In the said application the petitioner husband was directed to pay Rs....
Smt. Kanakalata Maharana Vs. Smt. Shantilata Maharana and ors.
Court: Orissa
Decided on: Apr-15-2002
Reported in: 94(2002)CLT53
Pradipta Ray, J.1. One Durga Charan Maharana died in harness on June 15, 1996 while he was working as a lineman-B under Grid Corporation of Orissa. Kanaklata Maharana, the widow of Durga Charan Maharana, the present appellant, submitted claims before the concerned authority to receive death benefits like family pension, gratuity, provident fund etc. She also obtained a legal heir certificate from the Tahasildar, Khurda in support of her claim.2. Shantilata Maharana and her son Sri Dukhabandhua Maharana, respondent Nos. 1 & 2 herein, put forward a claim before the authority that she was married to Durga Charan in 1973 and she is his first wife and that Dukhabandhu, respondent No. 1, was born out of the wedlock between her and Durga Charan. According to them, during subsistence of the first marriage with her, Durga Charan married Kanaklata and such second marriage being void, Kanaklata and her children cannot have any claim to any death benefit of Durga Charan.3. As the dispute before th...
Sulochana Mohapatra Vs. Pravat Kumar Mohapatra
Court: Orissa
Decided on: Apr-15-2002
Reported in: 94(2002)CLT62
Pradipta Ray, J.1. The present appellant, Sulochana Mohapatra, filed a petition under Section 7 of the Family Courts Act before the Family Court, Cuttack, being Civil Proceeding No. 403 of 1995 for setting aside a decree of divorce passed by the Family Court on November 18, 1995 under Section 13-B of the Hindu Marriage Act in Civil Proceeding No. 348 of 1995. The present appellant in her petition has alleged that her consent was obtained by practising fraud, misrepresentation and under influence.2. The case of the appellant-wife, inter alia, is :She was married to respondent-husband, Prabhat Kumar Mohapatra, on June 11, 1993. On February 27, 1995 a daughter was born out of the wedlock. Since the date of marriage there was constant demand for valuable articles as dowry. As the wife's family could not meet the demand, there was constant ill-treatment and abuse. As the ill-treatment became unbearable, the wife requested the husband to arrange any type of service for her so that she could ...
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