Orissa Court September 2002 Judgments
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Md. Naseem Vs. State of Orissa
Court: Orissa
Decided on: Sep-25-2002
Reported in: 2003CriLJ1050; I(2003)DMC25; 2002(II)OLR476
P.K. Mohanty, J. 1. This is an application for grant of bail to the petitioner in terms of Section 167(2) of the Code of Criminal Procedure, the charge-sheet having not been filed within sixty days of the date of detention.2. The petitioner earlier had moved this Court for bail under Section 439, Cr. P.C. but on his prayer, the bail application was permitted to be withdrawn. The police having failed to file charge-sheet within sixty days of the detention, the petitioner moved the learned Additional Sessions Judge for grant of bail in terms of Section 167(2), Cr. P.C., but the application having been rejected, this petition.3. Shri B. S. Mishra, learned counsel submitted that the petitioner was arrested and produced before the Magistrate on 17-5-2002 for allegedly having committed offences punishable under Section 498-A/307/34, IPC and Section 4 of the Dowry Prohibition Act and he was remanded to custody and was continuing as such. An application was moved before the learned Additional ...
Epari Raghuram Patra and Sons Vs. Commissioner of Income Tax
Court: Orissa
Decided on: Sep-25-2002
Reported in: (2004)192CTR(Ori)569
R.K. Patra, J.1. This is a reference under Section 256(1) of the IT Act, 1961, made at the instance of the assessee. The question of law referred is as follows :'Whether, on the facts and in the circumstances of the case, the refusal of registration to the assessee-firm under Section 185(1)(b) of the Act for the asst. yr. 1985-86 is justified and valid in law ?'2. The assessment year is 1985-86. The petitioner (hereinafter referred to as the assessee-firm') consisted of four partners and was assessed in the status of registered firm upto and including the asst. yr, 1984-85. There was a change in the constitution of the firm w.e.f. 1st April, 1984, following retirement of two partners and admission of one Smt. E. Babirani Patra in place of her husband (E. Arun Kumar Patra, a retired partner) as a partner. The firm consisting of three partners applied for registration in Form No. 11-A along with the deed of partnership. The AO for the purpose of considering the application recorded the s...
Padmabati Rout and Banalata Parhi and anr. Vs. State of Orissa and ors ...
Court: Orissa
Decided on: Sep-24-2002
Reported in: 2002(II)OLR546
R.K. Patra, J.1. This batch of writ petitions consists of three sets of Government employees, namely, Pharmacists, Staff Nurses and Multi Purpose Health Workers (Female). Their common case is that the posts held by them were initially State cadre posts. The State Government in September, 1998 declared them as District cadre posts. Options were called for by the Director, Health Services from them as to which district they wanted to be allotted. After the options were exercised, provisional lists for different categories of employees were published inviting objections. Without finalising it, orders were passed transferring them to different districts to which they had not opted. Being aggrieved by such orders, they filed separate applications before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack. By a common order dated 12.8.2002, the learned Member (Judicial) dismissed all the applications holding that the decision of the Government treating the posts in question as distric...
Bidhubhusan Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-2002
Reported in: 2002(II)OLR459
M. Papanna, J.1. Invoking inherent as well as extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner sought for quashing the Charge Sheet dated 9.2.1995 laid by the police against him in G.R.Case No. 2361 of 1994, now subjudice in the Court of the learned S.D.J.M., Bhubaneswar as well as order taking cognizance of offences under Section 279/337 of the Indian Penal Code read with Section 187 of the Motor Vehicles Act against him.2. On the accusation made by one Khadala Sahu, to the effect that on 26.7.1994 at 5 P.M. while he was going along C.B.I. Road after selling mixture at D.A.V. School Chhak, an Ambassador Car bearing Registration No. ORO 1141 being driven by its driver came from his backside at a very high speed and dashed against him, as a result of which he sustained bleeding injuries on his head for which he was immediately shifted to the City Hospital, Bhubaneswar for his treatment, Capital P.S.Case No. 599 of 1994 was regi...
Raghunath Sahoo and Satrughna Sahoo Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-2002
Reported in: 2002(II)OLR490
B. Panigrahi, J.1. Criminal Revision No. 108 of 1995 is directed against the judgment and order of the learned Sessions Judge, Koraput-Jeypore dated 23.11.1994 in Criminal Appeal No. 64/94 and Criminal Revision No. 61/96 is directed against the judgment and order of the learned Addl. Sessions Judge, Khurda in Criminal Appeal No. 139/122/27 of 1995/92 dated 5.2.96. The aforesaid Criminal Appeals have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this revision is as follows :The petitioner was prosecuted under Section 47(a) & (f) of the Bihar and Orissa Excise Act in the Court of Judicial Magistrate, 1st Class, Kashipur at Rayagada. After completion of trial the learned Magistrate convicted the petitioner and sentenced him to undergo R.I. for 6 months and to pay a fine of Rs. 500/- in default to undergo further R.I. for one mont...
Gauri Shankar Padhi and 3 ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-2002
Reported in: 2002(II)OLR640
B. Panigrahi, J.1. This appeal is directed against the judgment and order dated 15.5.1996 passed by the learned Sessions Judge, Sambalpur in Sessions Trial No. 66/22 of 1994, convicting the appellants under Section 302/34, IPC and sentencing them to undergo R.I. for life.2. The prosecution case, as unfolded in course of trial, is as follows :P.W. 1, Sanatan Behera being informed by his son, Kailash Behera (P.W. 5) that some culprits of village Dumerpali were assaulting his brother Minaketan, who was having a betel shop in front of the M.E. School of the village, immediately rushed towards the spot. Standing at a little distance from the betel shop, he saw that a power tiller, belonging to the appellants was parked in front of the said betel shop. The appellants however challenged the informant by using intemporate language asking him not to proceed further. At that time, Minaketan was lying by the side of the road in a pool of blood. After the appellant left the spot P.W. 1 went near M...
State of Orissa and Dayanidhi Bisoi Vs. Dayanidhi Bisoi and State of O ...
Court: Orissa
Decided on: Sep-23-2002
Reported in: 94(2002)CLT642; 2003CriLJ123; 2002(II)OLR495
M. Papanna, J.1. This is a Death Reference under Section 366 of the Code of Criminal Procedure made by the learned Additional Sessions Judge, Koraput (Jeypore), who on conclusion of trial in Sessions Case No. 8 of 1999 convicted the accused under Sections 302/392 of the Indian Penal Code and imposed on him an extreme penalty of death and sought for confirmation of the death sentence against him. The accused challenged the impugned conviction and sentence by preferring an appeal from jail. The Death Reference as well as the Jail Criminal Appeal having given rise to common questions of fact and law, were heard analogously and are being disposed of by this common judgment.2. Prosecution case is that Anirudha Sahu, a Peon of Sales Tax Department along with his wife and daughter, was residing in Flat No. DCF-F/79 in the Irrigation Colony at Jeypore at the material time. The accused is of village Niranguda. He happens to be the agnetic nephew of the deceased Anirudha. He was carrying on turm...
New India Assurance Co. Ltd. Vs. S. Transport Pvt. Ltd. and ors.
Court: Orissa
Decided on: Sep-23-2002
Reported in: 2002(II)OLR710
ORDERP. Ray, J.1. The present appeal is directed against an interim award under Section 140 of the Motor Vehicles Act. The claimants have filed the claim case for a compensation of Rs. 3,00,000/- due to death of their mother in a motor vehicle accident.2. While allowing an interim award the Tribunal found that the deceased was killed in the accident involving the offending vehicle and that the offending vehicle was covered by a valid insurance policy. On behalf of the Insurance Company it has been contended that the driver of the offending tipper had no valid driving licence and, as such, the Insurance Company is not liable even to pay the interim compensation. The Tribunal however did not consider said question regarding validity of the driving licence on the view that the interim award is to be made on the basis of 'No fault liability' and the question relating to validity of the driving licence need not be considered at the stage of passing an interim award under Section 140 of the ...
Kusasan Samal and ors. Vs. Chandramani Pradhan (Dead) After Him Panche ...
Court: Orissa
Decided on: Sep-20-2002
Reported in: AIR2003Ori157
L. Mohapatra, J.1. Some of the defendants are the appellants before this Court against a reversing judgment.2. Initially the suit had been filed for declaration that the plaintiffs are the owner in possession of A-schedule property which they had purchased under a registered sale deed dated 4-12-1968 and for declaration that neither villagers nor the defendants ever used the suit property as passage for going to the river ghat, for a confirmation of possession and permanent injunction. During pendency of the suit notification under the Consolidation of Holdings and Fragmentation of Land Act was published and accordingly the suit was confined to prayer for permanent injunction only.2A. Case of the plaintiffs is that Schedule-B property is a part and parcel of Schedule-A property belonging to the plaintiffs 1 and 2 and father of plaintiff No. 3. Plaintiffs 1 and 3 and father of plaintiff No. 3 were the sikimi tenants and after death of father, the plaintiff No. 3 possessed the share of h...
Abul @ Sk. Karim Box Vs. State of Orissa
Court: Orissa
Decided on: Sep-18-2002
Reported in: 95(2003)CLT376
B. Panigrahi, J. 1. This appeal assails the order of conviction passed against the appellant under Sections 302 and 376 of the Indian Penal Code and sentence to undergo imprisonment for life and R.I. for 10 years respectively. Both the sentences were directed to run concurrently.2. The prosecution case as unravelled in trial court's judgment is as follows :On 8.8.1983 at about 1.00 P.M., P.W. 1, Mainsa Majhi noticed a deadbody of a girl in Kaju plantation of village Soso at the time of grazing buffaloes. He called Jogeswar Patra, the Gramarakhi (P.W. 2) of village Soso, who guarded the deadbody. Thereafter, P.W. 1 reported the matter before the officer-in-charge, Bahalda Police station at 3.45 P.M. The girl was clad a violate colour frock and a girls' panty M.Os. IV and I. By the side of her deadbody a pair of chappals (M.O. II) had been kept. The unknown girl was having a clean incised wound on her throat. On receipt of the said report, Officer-in-charge, Bahalda Police Station (P.W. ...
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