Orissa Court April 2003 Judgments
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Bidhu Bhusan Rath and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-24-2003
Reported in: 2003(II)OLR21
B.P. Das, J.1. This is an application under Section 482 of the Code of Criminal Procedure (Cr.P.C. in short) with a prayer to quash the order dated 8.9.1997 passed by the Addl. Sessions Judge-cum-Special Judge. Khurda, in G. R. Case No. 3120 of 2000 taking cognizance against the petitioners of the offences under Section 288/290/337/341/504/323/34 of the Indian Penal Code (IPC in short) and Section 3 (ii) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and issuing processes against them.2. The petitioners in this application have mainly taken two grounds: (i) that no case has been made out for the offences for which cognizance has been taken against the petitioners; and (ii) that even though the case was registered against the petitioners for the offence under Section 3 (ii) and (x) of the Act and cognizance Decided on 24th April, 2003. was taken thereunder, investigation has not been done by a Deputy Superintendent of Polic...
Mohan Biswal Vs. Sri Gopinath Dev and 6 ors.
Court: Orissa
Decided on: Apr-24-2003
Reported in: 2003(II)OLR16
ORDERP.K. Tripathy, J.1. Heard.2. This civil revision is directed against the order of injunction passed by learned District Judge, Puri in Misc. Appeal No. 14 of 2002 by reversing the order of refusal of injunction by learned Civil Judge (Junior Division), Puri in Misc. Case No. 167 of 2000. The admitted position on record is that the Record of Rights prepared by the Consolidation Authorities stands in the name of the defendant/petitioner. It is stated at the bar that there is no dispute on the position of the revenue record that the disputed land has been recorded as a homestead land. When the Civil Judge refused to grant interim injunction on the basis of the Record of Right prepared by the Consolidation Authority, learned District Judge has set aside that order and issued the order of temporary injunction on the ground that disputed property is a homestead land and the basis of entry in the consolidation R.O.R. in favour of defendant as a tenant is not clear.3. Learned counsel for ...
Rabinarayan Hati Vs. Nityananda Patra and anr.
Court: Orissa
Decided on: Apr-23-2003
Reported in: 95(2003)CLT747; 2003(I)OLR668
A.K. Patnaik, J.1. The election for Panchayat Samiti Member of Rangani Grama Panchayat of Rajnagar Panchayat Samiti was held on 19.2.2002 in which the petitioner and opposite parties 1 and 2 contested. Opposite party No. 1 filed an election petition numbered as Election Misc. Case No. 1 of 2002 in the Court of the learned Civil Judge (Senior Division )-cum-Election Commissioner, Kendrapara stating, inter alia, that opposite party No. 1 was declared elected initially by a public announcement, but thereafter the petitioner was declared elected after a show of re-counting by the Election Officer. The petitioner filed his show-cause in the said Election Misc. Case No. 1 of 2002 before the learned Civil Judge (Senior Division )-cum-Election Commissioner, kendrapara on 15.7.2002. The petitioner also filed petitions on 15.7.2002 and 30.9.2002 challenging the maintainability of the election petition on the ground that the allegations are vague and imaginary and the election petition does not d...
State Vs. Nirakar Panigrahi and anr.
Court: Orissa
Decided on: Apr-23-2003
Reported in: 2003CriLJ4391
L. Mohapatra, J.1. This Government Appeal is directed against a judgment and order dated 6th of November, 1984 passed by the learned Assistant Sessions Judge, Phulbani in S. C. No. 9 of 1984 acquitting the respondents of the charge Under Section 450/34 of the Penal Code read with Section 376 of the Penal Code.2. The case of the prosecution is that on 3-11-1983 at about 4.30 p.m. both the accused persons came to the house of P.W. 6 who is the victim girl. At that time the victim girl was alone in the house and her sister P.W. 7 had gone to the market. The brother of the victim girl was also not living with them and he was living at a place called Damigam where he had a shop. It is further alleged that when the victim girl was preparing food both the accused persons approached her to supply water. When she refused, the respondent No. 1 stood on the verandah and the respondent No. 2 entered inside the room, bolted the door from inside and forcibly committed rape on her.3. The defence plea...
Nikhil Kumar Pattanaik and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-23-2003
Reported in: 2003CriLJ3957; 2003(II)OLR61
A.S. Naidu, J.1. This Criminal Misc. Case has been filed invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 27-2-2003 passed by the J.M.F.C., Sohella in G. R. Case No. 160 of 2002 taking cognizance of offences under Sections 341/448/294/506/34, I.P.C. alleged against the petitioners.2. The criminal action was not in motion on the basis of an FIR lodged by the informant opposite party No. 2, who is an employee of the Road Transport Organisation and working as A.R.T.O. at Luhurachati Check Gate under Sohela P. S. in the district of Bargarh. It was alleged that the petitioners who were working as colleagues of the informant came to his house and started scolding him in filthy language. Most of them were drunk and were not in conscious state and they behaved in peculiar fashion. On the basis of the said FIR, the G. R. Case was initiated in which charge-sheet has been submitted on 26-2-2003 for commission of offences...
The Mancheswar Service Co-op. Society Ltd. Vs. Anant Narayan Mishra an ...
Court: Orissa
Decided on: Apr-23-2003
Reported in: 2003CriLJ4390
L. Mohapatra, J.1. This appeal is directed against the judgment and order dated 29th of January, 1986 passed by learned Addl. Sessions Judge, Sambalpur in Cri. Appeal No. 35 of 1983 allowing the appeal and acquitting the respondent of the charges.2. It appears from the record that the appellant was the complainant before the learned J.M.F.C., Sambalpur alleging commission of offence Under Section 409 of the Penal Code by the respondent. The learned trial Court found the respondent guilty of offence Under Section 408, I.P.C. and sentenced him to undergo imprisonment for a period of 2 years and pay fine of Rs. 2,000/-. Challenging the said order of conviction and sentences an appeal was filed by the respondent. The aforesaid appeal having been allowed, the complainant has filed the present appeal against the order of acquittal passed by the appellate Court. The learned counsel referring to the findings of the learned J.M.F.C., Sambalpur vehemently submitted, that in spite of evidence ava...
Manbodha Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Apr-23-2003
Reported in: 2003(I)OLR666
R.K. Patra, J.1. The appellant Manbodha Pradhan stands convicted under Section 302. I.P.C. and sentenced to imprisonment for life.2. The case of the prosecution briefly stated is that on 5.2.1995 at about 1 p.m. while Gethal Pradhan (hereinafter referred to as the deceased') and his son Rusava Pradhan (P.W.5) were cutting the ridge of their land situated adjacent to the land of the appellant with a view to take water to their land the latter picked up quarrel with the deceased and in course of quarrel dealt two blows with the back side of a spade on the head of the deceased causing severe bleeding, who fell down there losing his sense. P.W.5 raised hullah and on hearing the same. Babudhan Pradhan (P.W.3) rushed to the spot and found the deceased in a senseless condition with bleeding injury on his head. Immediately the deceased was removed to the hospital where he succumbed to the injuries three days after.3. The plea of the defence is one of denial.4. There is no dispute that the dece...
The Senior Divisional Manager, New India Assurance Co. Ltd. Vs. Smt. U ...
Court: Orissa
Decided on: Apr-22-2003
Reported in: 95(2003)CLT700
Pradip Mohanty, J.1. This is an appeal under Section 30(1) of the Workmen's Compensation Act, 1923 (for short 'the Act') against the award and judgment dated 30.4.2001 passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar in W. C. Case No. 57 of 1999.2. The case of the claimants-respondent Nos. 1 to 4 is that on 5.10.1999 at about 11 A.M. the deceased-driver Pramod Kumar Naik while discharging his duty in the truck bearing registration number OR-05F 6696 and was proceeding with the truck in a normal speed from village Bhanpur (under Cuttack Sadar) towards Rourkela loaded with freezes, met with an accident in village Mandasila under Barkote Police Station, by having collusion with another truck. As a result, he sustained serious injuries including compound fracture and was admitted to S. C. B. Medical College and Hospital, Cuttack where he succumbed to the injuries on 6.10.1999. In the claim petition it has been stated that the deceased was...
Sri Raghunath Dey Vs. Nirmal Chandra Dey @ Nilamani and ors.
Court: Orissa
Decided on: Apr-22-2003
Reported in: 96(2003)CLT11
ORDERP.K. Tripathy, J.1. Heard.2. This Civil Revision is directed against the order passed on 23.8.2000 in Title Appeal No. 13 of 2000 of the Court of District Judge, Balasore. Learned District Judge, after hearing the parties, rejected the application under Section 5 of the Limitation Act filed by the petitioner and accordingly dismissed the appeal being barred by law of limitation.3. Admittedly, the judgment impugned in the aforesaid Title Appeal was delivered on 22.3.1999 and as against that, according to the petitioner on the basis of a wrong legal advice he filed First Appeal No. 298 of 1999 in this Court and on 27.9.1999 when this Court found that the appeal was not maintainable in this forum, thereafter, he filed the appeal in the Court of District Judge, Balasore on 28.1.2000. To explain the delay, petitioner stated before the Court below relating to his intermittent illness one of which period is from 29.9.1999 to 27.1.2000. The respondent/opposite parties contested on the iss...
Sri Trilochan Behera and ors. Vs. the Collector and ors.
Court: Orissa
Decided on: Apr-21-2003
Reported in: 95(2003)CLT767
ORDERP.K. Tripathy, J.1. Heard.2. Petitioners' application is under Section 5 of the Limitation Act, 1963 (in short, 'the Act'), praying for condonation of delay of 7 years and 150 days in preferring the civil revision.3. Petitioners challenge to the order passed by the Special Land Acquisition Officer, Baripada in L. A. Case No. 33 of 1982. That order was passed on 17.6.1993. Admittedly, in the meantime petitioner approached this Court in writ jurisdiction on two occasions and thereafter he has filed this Civil Revision. Petitioners have not sought for protection under Section 14 of the Act. Even if such a ground is considered, then also there is unexplained delay in preferring the Civil Revision. Petitioners have taken plea of ignorance and rusticness as the ground for condonation of delay. When the petitioners could approach the courts of law for appropriate remedy more than once, therefore the plea of ignorance is a myth. There is no averment and proof that they were wrongly advise...
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