Orissa Court May 2003 Judgments
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Agro Service Center and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-2003
Reported in: I(2005)BC308; 2004(I)OLR137
ORDERA.S. Naidu, J.1. Heard learned counsel for the petitioners and learned counsel for the State. This is an application under Section 482 of Cr.P.C., inter alia praying to quash the order dated 3.4.2003 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 30/2003.2. Admittedly, a complaint case was filed against the petitioners and cognizance had been taken for commission of an offence Under Section 138 of Negotiable Instrument Act. It is submitted that when the case was posted, an application under Section 205, Cr.P.C. was filed on behalf of the petitioners with a prayer to dispense with their personal attendance and permitting them to appear by their pleader. The said petition was rejected by the impugned order. The learned Court below relying upon a decision of the Hon'ble Supreme Court in the case of N. Bhaskaran v. Sankaran Vaidhyan Balan, reported in 1999 S.C. (Crl.) 1284 Crl. L.J. 4606, has arrived at a conclusion that the Court has a discretion under Section 205, Cr.P.C....
Gini Vitreous Private Limited Vs. the Central Electricity Supply Co. o ...
Court: Orissa
Decided on: May-12-2003
Reported in: 2003(II)OLR73
B.P. Das, J.1. The petitioner M/s. Gini Vitreous Pvt. Ltd. represented by its Managing Director has approached this Court by the present writ petition seeking mainly a direction to the opposite parties, i.e. the Central Electricity Supply Company of Orissa Ltd. ('CESCO' in short) and its functionaries/authorities. i.e. O.P. Nos. 2 to 4, to restore power supply to its factory at Tangiapada in the district of Khurda, alleging the same to have been disrupted by the opposite parties illegally and arbitrarily. apart from seeking the incidental relief of quashing Annexure- 3, the show cause notice issued to the petitioner alongwith the penal electric charges, and the orders passed by the opposite parties consequential to Annexure-3. which have prejudicially affected the petitioner and have brought the petitioner's factory to a grinding halt.2. The case of the petitioner in brief is that it is a company within the meaning of the Indian Companies Act, 1956 and carries on the business of manufa...
Shyamasundar Palei Vs. State of Orissa
Court: Orissa
Decided on: May-09-2003
Reported in: 2003(2)ALT(Cri)19; 2003(II)OLR28
L. Mohapatra, J.1. This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge. Puri convicting the appellant Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo imprisonment for 10 years and pay fine of rupees one lakh.2. The case of the prosecution is that on 1.8.1999 at about 2.30 P.M. the Officer-in-Charge of Town Police Station. Puri received information that the appellant was selling drugs near Puri Singhasthan Kaibartya Sangha and on receipt of such information he entered the same in the Station Diary as Entry No. 10 on that date. Thereafter, the Officer-in-Charge passed the information to the Town Inspector, Puri. a Gazetted Officer and requested him to proceed to the spot to witness search and seizure along with other Police Officers. When the O.I.C. reached at the spot, he found the appellant surrounded by Police party on suspicion and the appellant disclosed his identity and was al...
Pravash Kumar Sahoo Vs. the Hon'ble Speaker, represented through Secre ...
Court: Orissa
Decided on: May-06-2003
Reported in: 96(2003)CLT398; 2003(II)OLR142
A.K. Patnaik, J.1.The petitioner is the Additional General Secretary of State Non-Gazetted Officers Coordination Committee, Orissa, He has stated in the writ petition that he is a public spirited citizen who has fought against corruption, nepotism, mis-managements and favourtism in the past and he has filed number of Public Interest Litigation against financial corporations committed by the bureaucrats. He has further stated in the writ petition that Dr. Hrushikesh Panda, I.A.S. is a dutiful, honest and competent officer with integrity and he has submitted various enquiry reports on allegations of corruption and mis-management. He has given illustrations of the manner in which Dr. Hrushikesh Panda has discharged his duties of different offices impartially and honestly. He has stated that Dr. Hrushikesh Panda is presently working as C.M.D. of IDCOL and having noticed various irregularities, corruption and mis-management, he has initiated action against about 32 employees of IDCOL. He ha...
Soubhagya Kumar Panda and Ugam Nath Vs. State of Orissa
Court: Orissa
Decided on: May-02-2003
Reported in: 96(2003)CLT78; 2003(II)OLR52
L. Mohapatra, J. 1. Criminal Revision No. 129 of 2003 is directed against the order dated 10.1. 2003 passed by the learned S.D.J.M., Anandapur in G.R. Case No, 437 of 2002 (T.C. No. 7 of 2002) rejecting the prayer of the petitioner for release of a motor-cycle under Section 457 of the Code of Criminal Procedure. 2. From the impugned order it appears that the said motorcycle hearing registration No. OR-04-C-1061 had been used by the accused persons for transporting I.D. liquor in two plastic jar each containing 20 litres. The vehicle having been seized in connection with commission of offence under Section 47 (a) of the Bihar and Orissa Excise Act, the learned Magistrate rejected the petition on the ground that the Criminal Court had no jurisdiction to entertain the application under Section 457, Cr.P.C. for release of the vehicle. 3. Criminal Revision No. 150 of 2003 is directed against the order dated 16.1.2003 passed by the learned J.M.F.C., Sohella in 2(a) C.C. No. 61 of 2002 (Crl.T...
Raghunath Das and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-02-2003
Reported in: 96(2003)CLT97; 2003CriLJ4274
L. Mohapatra, J.1. This application under Section 482, Cr.P.C. has been filed challenging the order dated 9.2.2001 passed by the learned S.D.J.M., Bhadrak in G.R. Case No. 1276 of 1999 taking cognizance of offences under Sections 325 and 395 of the Penal Code in addition to offences under Sections 341, 232, 324, 427 and 34 of the Penal Code cognizance of which had been taken by order dated 10.6.2000.2. The case of the petitioners before this Court is that on the basis of the information lodged by one Karunakar Das on 11.11.1999, investigation was taken up for offences punishable under Sections 324, 380, 364 and 34 of the Penal Code. The case of the prosecution is that on 10.11.1999 all the petitioners assaulted the family members of the informant, took away house-hold articles, kidnapped the sister and mother of the informant, respective wives of two other brothers and his son, namely, Rashmiranjan. On completion of investigation, charge-sheet was submitted for commission of offences u...
Land Acquisition Officer Vs. Trilochan Sahu
Court: Orissa
Decided on: May-02-2003
Reported in: 96(2003)CLT177
Pradip Mohanty, J.1. This appeal is one under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') filed by the Land Acquisition Officer, Dhenkanal, challenging the order dated 16.7.1993 passed by the Subordinate Judge (as it then was), Dhenkanal, in L. A. Misc. Case No. 43 of 1990.During pendency of the appeal, the claimant-respondent has filed a cross-appeal under Order 41, Rule 22, CPC read with Section 54 of the Act challenging the above order of the court below. Therefore, this judgment governs the first appeal as well as the cross-appeal.2. The brief facts of the case are that, admittedly, pursuant to Notification under Section 4(i) of the Act, Government acquired Ac. 0.44 decimals of land situated at mouza Nimabahali, P.S. Balami pertaining to Khata No. 126 and plot Nos. 958/1, 935/1 and 1148/1, which stood recorded in the name of the claimant-respondent, for construction of National High Way No. 42. The Land Acquisition Officer fixed the valuation of th...
State Transport Employees Federation Vs. O.S.R.T.C. Represented Throug ...
Court: Orissa
Decided on: May-02-2003
Reported in: 96(2003)CLT380
B. Panigrahi, J.1. In this case the state transport employees Federation being represented through its Vice-President, Mathura Charan Sahoo has questioned the legality, validity and propriety of the appointment of the opp. party No. 3 as the District Transport Manager (Enquiry) (hereinafter referred to as the D.T.M.). The petitioner has claimed as a federation of Union of Employees of Orissa State Transport Corporation (in short, 'OSRTC') and its main purpose is to espouse the service conditions of the employees and to safeguard the interest of the organisation. It is stated that the opp. party No. 1 is a statutory body constituted with effect from 1.5.1974 under Section 3 of the Road Transport Corporation Act, 1950. The Corporation has framed its own regulation under the name and style of OSRTC Employees (Classification, Recruitment and Conditions of Service) Regulation, 1978 (hereinafter referred to as the Service Regulation). As per the provisions of the Service Regulation the D.T.M...
Pratap Sahu Vs. State of Orissa
Court: Orissa
Decided on: May-02-2003
Reported in: 2003(II)OLR47
L. Mohapatra, J.1. This revision is directed against a judgment and order, passed by both the Courts below convicting the petitioner for commission of offence Under Section 376 of the Indian Penal Code and sentencing him to undergo imprisonment for 7 years and pay fine of Rs. 4,000/-.2. The case of the prosecution is that on the date prior to the lodging of F.I.R. at about 7 A.M. while the prosecutrix was sweeping the front courtyard of her elder father, Nabei Sahu, the petitioner who is a co-villager came near her. Prior to that date, the petitioner had proposed to marry the prosecutrix on several occasions. On the date of occurrence when the petitioner came near her, she tried to enter inside the house of her elder father out of fear but the petitioner is alleged to have forcibly embraced her and lifted her inside the house of her elder father. It is further alleged that the petitioner made her naked, gagged her mouth by putting his hand undressed himself and forcibly committed rape ...
Anima Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-01-2003
Reported in: 95(2003)CLT681; 2003(I)OLR686
ORDERP.K.Tripathy, J.1. Heard.2. In this application under Section 24, Code of Civil Procedure, 1908 (in short 'the Code') petitioner seeks for transfer of Civil Proceeding No. 124 of 2002 pending in the Court of Judge, Family Court, Cuttack to the Court at Jaleswar or Balasore. In course of argument, learned counsel for the petitioner states that there is no Court of competent jurisdiction at Jaleswar and therefore petitioner prays for transfer of the said proceeding to the Court of Civil Judge (Sr. Division) at Balasore.3. Relationship between the parties, i.e., petitioner and opposite party No. 2 is not in dispute. According to that, petitioner is the wife and opposite party No. 2 is the husband.4. The opposite party No. 2 has filed civil Proceeding No. 124 of 2002 in the Court of Judge, Family Court, Cuttack seeking the relief of a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (in short 'the Act') . Petitioner has stated that she is still in her in-law's house ...
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