Orissa Court January 2003 Judgments
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Muna Jani Vs. State of Orissa
Court: Orissa
Decided on: Jan-22-2003
Reported in: 2003CriLJ4392; 2003(I)OLR321
A.S. Naidu, J.1. This Criminal Appeal is filed challenging the order dated 14th December, 1998 passed by the Chief Judicial Magistrate-cum-Asst. Sessions Judge, Nabarangpur convicting the appellant Under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years in Sessions Case No. 27 of 1998.2. Bereft of all the unnecessary details, the short facts apparent from the F.I.R. are that the house of the injured is in front of the house of the sister of the accused and there was a dispute between the wife of the injured and sister of the accused regarding the drying of paddy on the public road near the house. It is stated that the wife of the accused had spread paddy on the road to dry the same and Satyabhama, the sister of the accused, poured water on the same, as a result of which both of them started quarrelling with each other. Satyabhama threatened the wife of the informant, Laxmi Amanatya, that her brother Muna Jani would kill them. While ...
Hemanta Kumar Parida Vs. State of Orissa
Court: Orissa
Decided on: Jan-22-2003
Reported in: 2003CriLJ2206
ORDERA.S. Naidu, J.1. This Criminal Revision is filed challenging the order of the learned J. M. F. C., Bhubaneswar in 2 (c) C. C. No. 384 of 1991 convicting the petitioner under Section 3(a) of the Railway Property (Unlawful Possession Act (in short 'R. P. (U.P.) Act') and sentencing him to undergo rigorous imprisonment for a period of one year. The said order was confirmed by the learned Addl. Sessions Judge, Bhubaneswar in criminal appeal No. 48 of 1992.2. Bereft of all unnecessary details, the short facts of the case are that one Balaram Sehera (P.W.1), the S.I. of C.I.B., R.P.F., Khurda along with two constables and one Head constable (P.Ws.2, 3 and 4) while performing secret watch duty on the eastern side of Mancheswar Railway workshop in the night of 14-5-1991 found a cycle being kept near a hole in the boundary wall of the said Railway workshop. They entered inside the Railway workshop through that hole and found that three persons were advancing towards the Northern side with ...
Bhabani Sankar Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Jan-22-2003
Reported in: 2003CriLJ2465
ORDERA.S. Naidu, J.1. The order of conviction of the petitioner under Section 34-A of the Police Act and sentence to undergo simple imprisonment for one month and to pay a fine of Rs. 200/-, in default, to undergo further simple imprisonment for 15 days passed by the Judicial Magistrate, First Class, Berhampur in U.C. No. 445 of 1995, which has been confirmed by the learned Second Addl. Sessions Judge, Berhampur in Criminal Appeal No. 235 of 1997 (Cr. A. 50/97-GDC), is impugned before this Court.2. The prosecution case, bereft of unnecessary details, is that on 12-1-1995, at about 1.45 p.m., the S.I. of Police of Badabazar P.S., Berhampur along with Havildar B. Gouda raided the Shakti Cinema Hall campus before commencement of Matinee show and found that the petitioner was selling the balcony cinema tickets for the picture 'Karan Arjun' at a price of Rs. 15/- each against the actual price of Rs. 7.90 paise. The S.I. of Police, as alleged, seized 18 number of tickets from possession of t...
Sunil Rajgarhia Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-22-2003
Reported in: 2003(I)OLR355
A.K. Patnaik, J.1. This is a habeas corpus petition under Article 226 of the Constitution of India for quashing the order of detention dated 10.6.2002 passed by the District Magistrate, Ganjam.2. The brief facts relevant for the purpose of disposal of this writ petition are that the petitioner was arrested on 25.6.2002 at 6.00 A.M. and was forwarded to the Court of learned SDJM, Berhampur on the same day on the strength of Non-bailable warrants in G.R. Case Nos.291 of 2001. 1250 of 2001. 987 of 2000 corresponding to B.N. Pur P.S. Case No. 71 dated 21.3.2001 under Sections 147/148/341/332/307/149, IPC/3ES Act/27 Arms Act, Case No. 314 dated 1.12.2001 under Sections 147/148/307/149, IPC/27 Arms Act and Case No. 238 dated 16.10.2000 under Sections 399/402, IPC respectively and MC No. 388 of 1994. On 10.6.2002 the District Magistrate, Ganjam passed the order of detention under Sub-section (2) of Section 3 of the National Security Act, 1980 directing that the petitioner, who was in jail cus...
Mohan Behera Vs. State
Court: Orissa
Decided on: Jan-22-2003
Reported in: 2003(I)OLR344
A.S. Naidu, J.1. This Criminal Revision has been filed challenging the other of the Additional Sessions Judge, Bargarh in Criminal Appeal No. 35 of 1994 confirming the order of conviction passed by the J.M.F.C, Sohella in 2 (a) CC No. 22 of 1993, while reducing the sentence of imprisonment, but maintaining the sentence of fine.2. Prosecution caste is that on 13-11-1992 at about 11.30 a.m. while the S.I. of Excise was on patrol duty along with his staff found the petitioner carrying I.D. liquor in a motor-cycle. The same was seized and on hydrometer test and blue litmus paper test, was found to be I.D. liquor. On the basis of investigation, 2 (a) CC No. 22 of 1993 was initiated and the petitioner was prosecuted under Section 47 (a) of the Bihar and Orissa Excise act.3. To substantiate the case, in course of trial the prosecution examined four witnesses, of whom P.Ws. 3 and 4 were the Excise staff and P.Ws. 1 and 2 were independent witnesses. Prosecution also exhibited the seizure-list E...
Smt. Laxmi Magar and anr. Vs. Smt. Kishorimoni Patel
Court: Orissa
Decided on: Jan-21-2003
Reported in: 95(2003)CLT368; 2003(I)OLR290
B. Panigrahi, J. 1. The defendants in M.S. No. 68 of 1978 of the court of Subordinate Judge, Sambalpur after having suffered from a decree for payment of money of Rs. 6500/- together with interest at the rate of 6% per annum have preferred this appeal.2. The case of the plaintiff-respondent in the trial court is as follows :The appellants approached the plaintiff for purchase of 'A' Schedule properties of the plaint for a consideration of Rs. 10,000/-and executed a contract for sale in her favour on 17.10.73 and got it registered. The plaintiff intended to offer sale of the properties in order to meet the household expenses and there was pressing necessity for such sale. Appellant No. 1 also undertook to obtain permission from the concerned S.D.O. at the time of sale of the suit land and also further agreed to sell the land within a month from the date of obtaining permission from the S.D.O. Pursuant to such agreement defendant No. 1 applied for permission, but failed to produce necess...
Miss Ajanta Naik Vs. Sambalpur University and ors.
Court: Orissa
Decided on: Jan-21-2003
Reported in: 95(2003)CLT731; 2003(I)OLR310
A.K. Patnaik, J.1. The petitioner after completing +2 Science took admission in the Government College, Sundargarh in +3 Science Course. After completing 3-year course, she took final degree examination in 1996 of the Sambalpur University with Roll No. 2496 MPH 02. The result of the said examination as published and mark-sheet dated 13.2.1997 was issued by the Sambalpur University to the petitioner. The relevant columns of the said mark-sheet dated 13.2.1997 are extracted herein below : SubjectsFull MarksPass MarksMarks SecuredTotal12345Foundation Course 1. English5015- 2. M.I.L. (O)5015- Ancillary/Applied course Elect10030-60Core-l (Pass) Physics Theory Paper-l75/10023/3008 Paper-ll75/10023/3020 Pract.50/10020/4030 Core-ll (Pass) Chem. Theory Paper-l75/10023/3027 Paper-ll75/10023/3027 Pract.50/10020/4036 Core III (Hons.) Math. Theory Paper-l75/100/5023/30/1550 Paper-ll75/100/5023/30/1504 Paper-Ill75/100/5023/30/1545 Paper-IV75/100/5023/30/1533 Hons. Marks Secured in First Examination ...
Manas Ranjan Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-21-2003
Reported in: AIR2004Ori62
R. K. Patra, J.1. The petitioners are sub-wholesalers for distribution of Kerosene oil to retailers from nine different Blocks in the district of Keonjhar. In this writ petition, they seek to quash the appointments of opposite parties 3 to 19 as sub-wholesalers of Kerosene in 10 different Blocks in the district of Keonjhar as per the Government order dated 8-1-2002 at Annexure 7. According to the petitioners, the appointment of opposite parlies 3 to 19 as Sub-wholesalers is contrary to the circulars Issued by the State Government. The petitioners allege that they (opposite parties 3 to 19) were appointed at the behest of the local M.L.As.2. Counter-affidavits have been filed by the contesting opposite parties denying the allegations.The common case of the contesting opposite parties is that vacancies had arisen on account of resignation of the concerned sub-wholesalers or on account of suspension of licences necessitating fresh appointments. They have also stated that the existing sub-...
Gyanananda Sen Vs. Ranjit Kumar Das and anr.
Court: Orissa
Decided on: Jan-20-2003
Reported in: AIR2003Ori166
B. Panigrahi, J.1. This appeal is directed against the judgment and decree passed by the appellate Court in Money Appeal No. 5/94 affirming the plaintiffs dismissal of the suit in M. S. No. 8/5 of 1994/92-111 passed by the Addl. Civil Judge, Senior Division, Balasore.2. The appellant-plaintiff had advanced a loan of Rs. 15000/- as a family accommodation to defendant No. 1. It is alleged that the respondent-defendant No. 2 on several previous occasions used to take hand loans from the plaintiff-appellant to meet his household and other expenses and was repaying those amounts in time. On 16-7-89 during evening hours the respondent-defendant No. 1 approached the plaintiff for a loan of Rs. 15,000/-. But the appellant-plaintiff did not have sufficient cash at that time, therefore, he advanced him Rs. 5000/- and had taken a hand receipt from him with the understanding that on the day following both the defendants would go and execute an agreement in favour of the plaintiff-appellant and upo...
State of Orissa and ors. Vs. Dibakar Pati and ors.
Court: Orissa
Decided on: Jan-17-2003
Reported in: 95(2003)CLT381
Pradip Mohanty, J. 1. In this case, the plaintiffs have prayed for a declaration for right, title and interest over the suit tank. The trial court has found against the plaintiffs, but in appeal, the judgment of the trial court was reversed. Hence, the State of Orissa and its functionaries have filed the second appeal challenging the judgment and decree passed by the lower appellate court.2. The claim of the plaintiffs is founded as follows :In 1898 'Shaunria' Settlement operation, the suit tank situated in Mouza Rahani, under Khata No. 2, plot Nos. 87, 88 and 89, measuring Ac. 1.97 decimals of Kamakhya Nagar Tahasil was recorded in favour of Abhimanyu Paramaguru and Nanda Mohapatra. They are the ancestors of the plaintiffs. The tank was excavated by their ancestors. The said tank is otherwise known as 'Pati Ghara Tank, as the family members of Pati family were exclusively using the said tank. The plaintiffs and the proforma defendants had renovated and improved the tank through the te...
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