Orissa Court July 2002 Judgments
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Debasis Sahu Vs. Nabeen Chandra Sahu and anr.
Court: Orissa
Decided on: Jul-05-2002
Reported in: AIR2002Ori211; 94(2002)CLT142; (2003)181CTR(Ori)427
B.P. Das, J.1. This revision application is directed against the order dated 4.5.2002 passed by the Civil Judge (Senior Division), Aska, in T.S. No. 65 of 1997 rejecting the petition filed under Order 13, Rule 10 of the Code of Civil Procedure (in short 'CPC') by defendant No. 1, the petitioner herein, with a prayer to call for certain documents from the office of the Asst. Commissioner Income Tax, Berhampur, as well as the Sub-Registrar, Kabisuryanagar.2. The short facts so narrated in the revision application tend to reveal that O.P. No. 1 as plaintiff has filed the aforesaid T.S. No. 65 of 1997 for partition of the suit lands making the present petitioner and O.P. No. 2 as defendants. During the course of hearing of the suit, defendant No. 1 filed a petition under Order 13, Rule 10, CPC contending that the plaintiff-O.P. No. 1 and his father had separately submitted income tax returns and also filed statements before the income tax authority disclosing therein partition of their anc...
Bakula @ Tikeswar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Jul-05-2002
Reported in: 94(2002)CLT302
B. Panigrahi, J. 1. This appeal is directed against the conviction and sentence passed by the learned Addt. Sessions Judge, Bargarh under Section 302, IPC in S.T. No. 219/38 of 1994 directing the appellant to undergo imprisonment for life.2. The bravity of the prosecution case as unravelled in course of trial is as follows :On 1.6.94 at about 11.00 A.M. Jita Bhoi (P.W. 5) of village Tukurla went to his Parwal garden and found his wife Rukmini lying dead with bleeding injuries on her neck and shoulder. He immediately rushed to the village and narrated the incident before the informant Manoranjan Bhoi. Thereafter Manoranjan Bhoi and few other villagers proceeded to Parwal garden and found deceased Rukmini dead having cut injuries on both sides of her neck. So Manoranjan Bhoi along with other villagers went to the police station and verbally reported the matter to the Officer-in-charge of Bhatli Police Station, who reduced the said information to writing and registered a case under Sectio...
Suresh Chandra Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-05-2002
Reported in: 94(2002)CLT321
A.K. Patnaik, J. 1. The petitioner was working as the Secretary of Bira Balabhadrapur Grama Panchayat. By a letter dated 11.10.1999, he was asked to show cause within seven days as to why disciplinary action will not be taken against him for misbehaving with the Sarapanch and the members of the Gram Panchayat. In the show cause notice, it was also alleged that the Gram Panchayat Office was not functioning properly, records of the Gram Panchayat Office are not available in the office and members were not informed with regard to the receipt of the grant-in-aid and non-availability of cash book for approval of income and expenditure. On 16.10.1999, the petitioner prayed for time to submit his show cause. On 25.10.1999, the Sarapanch of the Grama Panchayat passed an order dismissing the petitioner from the service. On 30.10.1999, the petitioner submitted his show cause reply. On an appeal filed by the petitioner, i.e., O.G.P. Appeal No. 40 of 1999, against the said order of dismissal dated...
Madhab Ch. Jena @ Sukanta Jena and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-05-2002
Reported in: 94(2002)CLT492
P.K. Tripathy, J.1. Heard.2. In this application under Section 482, Cr.P.C. all the three petitioners pray to quash the order of cognizance dt. 15.10.2001 of the Court of S.D.J.M., Khurda in I.C.C. No. 104 of 2001. It appears from the said order that cognizance of the offence under Section 302/34, I.P.C. has been taken on the basis of a complaint. As stated by learned counsel for the petitioner that complaint was instituted about two years after the date of the occurrence.3. Learned counsel for the petitioners drawing attention of the Court to Annexure-1, a xerox copy of the FIR said to have been lodged by the complainant and the xerox copy of the police papers in connection with death of the deceased states that on the face of such documents the allegation in the complaint appears to be false and frivolous and that is more inferable because of inordinate delay in filing the complaint. Accordingly, he prays to quash the order of cognizance.4. On a bare perusal of the FIR this Court fin...
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