Orissa Court April 2002 Judgments
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Shri Sidheswar Mallik and Shri B.K. Mohanty Vs. State of Orissa and or ...
Court: Orissa
Decided on: Apr-09-2002
Reported in: 94(2002)CLT107; 2002(I)OLR574
B.P. Das, J.1. As common questions of law and fact are involved in both these writ petitions, with the consent of learned counsel for the parties, they were heard together and are being disposed of by this common judgment.2. O.J.C. No. 8795/99 has been filed by a member of this Bar, namely, Shri Sidheswar Mallik, claiming himself to be a concerned resident and representing the residents of the Cuttack Municipal Corporation in espousing their cause. Similarly, the other writ petition, O.J.C. No. 6919/99, has been filed by one Shri B. K. Mohanty, General Secretary of the Cuttack Chamber of Commerce, the Orissa Byabasayee Mahasangha, the Cuttack Nagar Byabasayee Mahasangha and the Orissa Rice Merchants' Association, on behalf of the above organisations as well as the general public of Cuttack City. Both the writ petitions have been couched as public interest litigation.3. O.J.C. No. 8795/99 : In this writ petition, the petitioner has alleged that the decision of the Cuttack Municipal Corp...
Jagabandhu Kishan Vs. State of Orissa
Court: Orissa
Decided on: Apr-09-2002
Reported in: 2003CriLJ378
B. Panigrahi, J. 1. This appeal assails the order of conviction and sentence in Sessions Trial No. 118 of 1994 of the Court of learned Sessions Judge, Sundargarh under Section 302, I.P.C. directing the appellant to undergo imprisonment for life.2. The skeletal picture of the prosecution as unravelled during trial is as follows :That on 27-3-94 PW-1, Purna Chandra Kisan while he was in his house heard an outcry from house of PW-2, Dukhi Kisani. He rushed to the place of occurrence where he found the grand-daughter of Dukhi Kisani. namely, Muga alias Gurubari lying unconscious in the courtyard with bleeding injury on her neck and head. On interrogation the grand-mother of Gurubari narrated the graphic picture that while she was sleeping with Muga alias Gurubari around 1.00 p.m. the appellant being armed with a Gupti forcibly entered into their house and caught hold of Gurubari's hand and dealt successive blows on her head, neck and cheek as a reason whereof she fell down unconscious on a...
Orissa Pump and Engineering Co. Ltd. and ors. Vs. State of Orissa and ...
Court: Orissa
Decided on: Apr-08-2002
Reported in: 93(2002)CLT657
R.K. Patra, J.1. This is a writ petition filed on behalf of the Orissa Pump and Engineering Company Limited Workers' Union and by some employees of the Orissa Pump and Engineering Company Limited. They seek quashing of the agreement entered into by the Orissa Small Industries Corporation Limited (in brief 'OSIC') and opposite parties 5 and 6.Their further prayer is that the State Government should be directed to take steps for reconstitution of the Orissa Pump and Engineering Company Limited.2. Orissa Pump and Engineering Company was floated by OSIC as a fully owned subsidiary company. In course of time, the aforesaid company sustained huge loss for various reasons. As large number of such Government companies sustained losses, a Cabinet Sub-committee was constituted by the State Government to suggest measures for reform/restructurisation of Public Sector Undertakings. After making necessary review, the Cabinet Subcommittee recommended as follows :'While OSIC will continue to play the ...
Kate Munda Vs. State of Orissa
Court: Orissa
Decided on: Apr-08-2002
Reported in: 93(2002)CLT781
B. Panigrahi, J. 1. This is an appeal against the judgment/order dated 19.4.1995 passed by the learned Sessions Judge, Sundargarh, in Sessions Trial No. 66 of 1 994, convicting the appellant under Section 449/302/326 of the Indian Penal Code, in short, 'IPC', and sentencing him to undergo imprisonment for life under Section 302 IPC, rigorous imprisonment for ten years under Section 449 iPC, and rigorous imprisonment for seven years under Section 326 IPC; the sentences are to run concurrently. 2. The prosecution story as unravelled during trial is as follows : One Jeta Munda of village Patabeda has reported at the Police Station that on 16.11.1993 the pig of Kate Munda entered into the mustard field of the informant and damaged the mustard crops. The wife of the informant drove the said pig away. The appellant, on the other hand, charged the informant's wife that she had killed the pig. At about 5.00 P.M. in the evening of the Sunday preceding the date of lodging the information at the ...
Lesu Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Apr-08-2002
Reported in: 93(2002)CLT797
B. Panigrahi, J.1. The order of conviction and sentence under Section 302 of the Indian Penal Code (in short, 'IPC') dated 8.3.1995 passed by the learned Sessions Judge, Phulbani in Sessions Trial Case No. 5 of 1994 directing the appellant to undergo imprisonment for life has been assailed in this appeal.2. The brief narration of the facts leading to the present appeal is as follows :The sole appellant, Lesu Pradhan and the deceased, Upuka Pradhan were co-villagers of Dalabadi under Daringibadi Police Station. On the date of occurrence, both of them were working in the field of Satrughna Nayak, P.W. 1 as daily labourers. The appellant had a wound on his leg. The deceased Upuka attributed the wound of the appellant to be Leprosy. There was a quarrel between the two as (hey thought leprosy is a social taboo. The quarrel, however, subsided at the intervention of P.W. 1. At that juncture, Danabuda, the son of the deceased arrived at the place. The appellant and the son of the deceased left...
Debi Prasad Panda and 9 ors. and Dambaru Muduli Vs. State of Orissa
Court: Orissa
Decided on: Apr-06-2002
Reported in: 93(2002)CLT633; 2003CriLJ105; 2002(I)OLR618
M. Papanna, J. 1. Common judgment dated 29.11.1994 of the learned Additional Sessions Judge, Koraput-Jeypore passed in S. C. No. 15 of 1994 and S. C. No. 24/94 convicting appellant No. 1 Debi Prasad Panda and appellant No. 6 Manoj Kumar Padhi, under Sections 147, 148, 302 of the Indian Penal Code read with Section 149 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for one year on each count and life imprisonment respectively, thereunder and further convicting the other appellants, namely, Laxmi Narayan Sahu, Prabir Barik, K. Dharma Acharya, Arun Kumar Dash, Ram Prasad Gantayat, Kali Naik, Sarat Chandra Sahu and Dambaru Muduli under Section 147 and 302 read with Section 149 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for one year and life imprisonment, respectively, thereunder, with a direction to run the above sentences concurrently, is under challenge in these two Criminal Appeals which were heard analogo...
Manas Kumar Das Vs. State of Orissa
Court: Orissa
Decided on: Apr-06-2002
Reported in: 93(2002)CLT594
A.S. Naidu, J. 1. The order of conviction under Section 302, Indian Penal Code (for short 'I.P.C.') and the sentence to undergo rigorous imprisonment for life, passed by the learned Second Additional Sessions Judge, Cuttack in S.T. Case No. 4 of 1995, is impugned in this appeal by the sole appellant. 2. On the basis of an F.I.R. lodged before the Officer-in-charge, Tirtol Police Station on May 21, 1994, P.S. Case No. 141(33)/94 was registered initially under Sections 342/307/34 I.P.C. against the appellant and three others, namely, Babaji Das, Maheswar Das and Sara Bewa, for causing grievous hurt to one Babaji Bhoi. Since the victim later on succumbed to the injuries, the case was converted to one under Sections 342/302 read with 34 I.P.C. and charge-sheet was submitted. 3. Bereft of unnecessary details, the short facts as narrated in the F.I.R. which are relevant for appreciation of the case, are as follows: The F.I.R. was lodged by Laxmidhar Bhoi (P.W. 3) inter alia, alleging that on...
National Aluminium Company Vs. Smt. Danamati Mali and ors.
Court: Orissa
Decided on: Apr-06-2002
Reported in: 93(2002)CLT692
A.S. Naidu, J.1. National Aluminium Company ('NALCO' for short), the owner of the offending bus, has preferred this appeal under Section 173 of the Motor Vehicles Act, inter alia challenging the judgment and award dated 21 st May, 1996 passed by the Second Motor Accident Claims Tribunal (S.D.), Berhampur in M.J.C. No. 139 of 1989.2. The dispute has a chequered career, in as much as this is the second Miscellaneous Appeal filed before this Court. Bereft of unnecessary details, the short facts which are necessary for effectual adjudication are stated hereinbelow :Admittedly the accident took place on 8th June, 1989 causing death of one Bolu Mali who was working as a mason at Damanjodi, NALCO Township. The deceased was hit by the offending vehicle bearing No. ORK 8619 belonging to NALCO and succumbed to the injuries. The widow and minor son of the deceased filed application under Section 110-A the Motor Vehicles Act, 1939 claiming Rs. 2,00,000.00 (Two Lakhs) as compensation. The Tribunal ...
Pratap Behera Vs. State of Orissa
Court: Orissa
Decided on: Apr-05-2002
Reported in: 93(2002)CLT813; [2005(104)FLR179]; 2002(II)OLR74
B. Panigrahi, J. 1. This appeal challenges the legality, validity and propriety of the order of conviction of the appellant under Section 302 of the Indian Penal Code (in short, 'IPC') and sentence of imprisonment for life passed by the learned Additional Sessions Judge, Bhubaneswar, in Sessions Trial No. 4/97 of 1994. Additional Sessions Judge, Bhubaneswar.2. The factual matrix leading to this appeal is as follows :P.W. 1, Gouranga Behera who was the brother-in-law of the deceased Kandhia alias Gandharb Nayak, lodged a report at Sahidnagar Police Station stating that his brother-in-law Kandhia @ Gandharb Nayak was staying with his family at Shantipali. He was earning his livelihood as a rickshaw puller and sometimes by playing monkey. On 2.9.1993 at about 4.00 P.M. the appellant Pratap passed some unsavory comments against Kanchan, the wife of the informant, to which she protested, whereupon the appellant is said to have threatened to assault her. There was some quarrel on the followi...
Ramanath Das and ors. Vs. Collector, Balasore and ors.
Court: Orissa
Decided on: Apr-04-2002
Reported in: AIR2002Ori132; 93(2002)CLT513(NULL)
A.S. Naidu, J. 1. This writ application under Article 226 of the Constitution of India has been brought about by the inhabitants of village Dungura and its nearby villages situated in the district of Balasore by way of public interest litigation and raises some important questions concerning the true scope and ambit of environmental protection. The petitioners are aggrieved by the permission accorded by theCollector, Balasore to opposite party No. 6 for installing and operating a 'Stone Crusher Unit' within, according to the petitioners, a thickly populated village area, without taking note of the environmental hazards and consequential damage to the crops which may be caused due to installation and operation of the said Stone Crusher. The petitioners seek protection of life and livelihood of the inhabitants of the locality and pray for commanding the opposite party-authorities to cancel the permission so granted and to restrain opposite party No. 6 from establishing and operating the ...
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