Orissa Court April 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Maganlal JaIn Vs. Abhijeet Kumar Dash
Court: Orissa
Decided on: Apr-09-2004
Reported in: IV(2004)BC317; 2004CriLJ2415; 2004(I)OLR554
ORDERL. Mohapatra, J. 1. The judgment and order dated 19-10-2001 passed by the learned J.M.F.C., Bolangir in I.C.C. Case No. 40 of 1997 (Trial No. 86 of 2001) is challenged by the complainant.2. Case of the complainant-petitioner is that the opposite party borrowed a sum of Rupees one lakh in cash from him on 25-9-1995 with promise to repay same on demand. In token of said transaction the opposite party executed a money receipt on 25-9-1995. When the petitioner demanded payment of the money the opposite party issued a cheque in his favour towards repayment of the aforesaid amount drawn by the Central Bank of India, Janpath, Bhubaneswar vide cheque No. 033762 dated 30-10-1996. The said cheque was presented on 12-4-1997 in the State Bank of India, Tusura Branch. On 30-4-1997 the State Bank of India, Tusura Branch intimated the complainant petitioner that the amount standing to the credit of the opposite party in his account was insufficient for payment. After receiving the said informati...
Madhuri Sahu Vs. Sureswara Sahu
Court: Orissa
Decided on: Apr-09-2004
Reported in: 2004CriLJ3289
ORDERL. Mohapatra, J.1. This revision is directed against the judgment and order dated 12-12-2001 passed by the learned Additional District Judge (Fast Track Court), Bargarh in Criminal Revision No. 105/4 of 1994-2001 directing the proceeding under Section 145 of the Code of Criminal Procedure to be dropped.2. The first party in the proceeding under Section 145, Cr. P.C. is the petitioner before this Court. From the record it. appears that the petitioner filed an application before the Executive Magistrate, Bargarh for initiation of a proceeding under Section 145, Cr. P.C. and the said petition was registered as Misc. Case No. 116 of 1994. By order dated 27-8-94 the Executive Magistrate initiated a proceeding directing the opposite party to show-cause and attached the land under Section 146(1) of Cr. P.C. After receipt of notice the opposite party entered appearance and one Sureswar Sahu also intervened the matter as third party in the proceeding and hearing was concluded on the questi...
Orissa Air Products Ltd. Vs. Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Apr-08-2004
Reported in: [2004(102)FLR938]; (2004)IIILLJ968Ori
A.S. Naidu, J.1. This writ application has been filed invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India by Orissa Air Products Ltd. challenging the order dated April 25, 2001 passed by the Labour Court, Bhubarreswar in I. D. Misc. Case No. 5/94. The said Industrial -Disputes Misc. Case was registered on the basis of an. application filed by opposite party No. 2 workman under Section 33-C(2) of the Industrial Disputes Act (hereinafter referred to as the 'Act'), inter alia, praying for issuance of a direction to the Management for computation of full wages during the period of his suspension from service and disbursement of the same.2. For adjudicating the dispute, it would be pertinent to mention some of the facts. Admittedly, opposite party No. 2 was working as Assistant Depot Superintendent in the petitioner's establishment at Rourkela. After receiving allegation of gross misconduct and indiscipline as well as allegations of malfeasance an...
Jitendra Ballav Burdhan Vs. Dhirendranath Burdhan and ors.
Court: Orissa
Decided on: Apr-07-2004
Reported in: AIR2004Ori148
ORDERB.P. Das, J.1. This Civil Revision has been directed against a composite order passed by the Civil Judge (S.D.), Ist Court, Cuttack dated 16-2-2002 in Misc. Case Nos. 124 of 2000 and 138 of 2000 arising out of Execution Case No. 59 of 1995, which were heard analogously.2. The facts leading to this application are that the petitioner was the plaintiff in Title Suit No. 11 of 1984 and filed the suit for partition claiming 1/5th share in the suit property. The suit was contested and decreed declaring 1/5th share of the plaintiff by a preliminary decree dated 9-10-1990. The said decree was challenged in First Appeal No. 106 of 1996, which was ultimately withdrawn as per the order of this Court dated 26-7-1997. The final decree proceeding was initiated and the decree was made final on 29-1-1996.3. The further fact is that during the final decree proceeding due to the death of defendant No. 4, an application for substitution was filed in the said final decree proceeding on 7-1-1994 with...
Pramod Kumar Mohanty Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-05-2004
Reported in: 97(2004)CLT569; (2004)IIILLJ792Ori; 2004(I)OLR601
Pradip Mohanty, J.1. The petitioner has challenged the order of his transfer dated 18.7.2003, whereby he has been transferred from Bhubaneswar to Salepur ADB, alleging that the same is arbitrary and mala fide. According to the petitioner, the impugned order has been passed in total violation of the specific direction issued by this Court by order dated .27.3.2002 to the effect that Rule 47 of the SBI Officers' Service Rules and the transfer policy of the Bank should be applied to all the officers including the office bearers of the Association uniformly and there should be no discrimination.2. This is the second round of approach of the petitioner to this Court. Earlier, he filed O.J.C. No. 7862 of 2001 when he was transferred from Bhubaneswar to Nayagarh. The said writ petition was, however, dismissed with certain observations. Thereafter, without relieving the petitioner to enable him to join at Nayagarh, his services were placed at the Bhubaneswar Zonal Office where he was not assig...
Surendra Nath Biswal and ors. Vs. Presiding Officer, Labour Court and ...
Court: Orissa
Decided on: Apr-02-2004
Reported in: 98(2004)CLT52; [2004(102)FLR415]; 2004(I)OLR647
A.S. Naidu, J.1. 24 workmen had approached the Labour Court by filing an application under Section 33-C(2) of the Industrial Disputes Act (hereinafter referred to as 'the Act') praying for computation of their wages for the period from 31.7.1984 to 31.10.1985. The said petition was registered as I.D. Misp. Case No. 225 of 1985. All the workmen were working in the Textile Division of the Orissa Textile and Steel Ltd., Nayabazar, Cuttack.2. Bereft of unnecessary details, the short facts leading to raising the dispute under the Act is that while the Textile Unit of Opposite Party No. 2 was running smoothly, the authorities of the Company on 12.3.1984, it is alleged, submitted an application to the Government of Orissa to grant permission to close down the said Unit. It is alleged that the Assistant Labour Commissioner, who was acting as the appropriate authority of the Government, after conducting due enquiry and verification of the records and after giving opportunity to both the employe...
Umakanta Mishra Vs. State of Orissa
Court: Orissa
Decided on: Apr-02-2004
Reported in: 2004(I)OLR528
L. Mohapatra, J. 1. This revision is directed against the order dated 26.11.2003 passed by the learned Assistant Sessions Judge, Anandapur in S.T. No. 4/41 of 2003 framing charge under Section 376 of the Penal Code. 2. From the impugned order it appears that the learned Assistant Sessions Judge, Anandapur in S.T. No. 4/41 of 2003 had initially framed charge for commission of offences under Sections 493 and 313 of the Penal Code. A petition was filed by the Additional Government Prosecutor praying for amendment of the charge by adding offence under Section 376 of the Penal Code. In the impugned order the trial Court after hearing the parties framed charge under Section 376 of the Penal Code. 3. The sessions case arises out of a complaint filed by one Bipin Bihari Satpathy. The allegation in the complaint is that the daughter of the complainant Pramila Satpathy is a minor girl. The petitioner has got a grocery shop in the village and the victim was going to the said grocery shop for purc...
Gyan Ranjan Pattnayak Vs. State of Orissa
Court: Orissa
Decided on: Apr-02-2004
Reported in: 2004(I)OLR532
L. Mohapatra, J. 1. The order dated 12.11.2002 passed by the learned Sessions Judge, Berhampur in S.C. 54/2002 (Sessions Case No. 328 of 2002) (G.D.C.) rejecting the petition filed by the petitioner for sending the case record to the Juvenile Court, Berhampur for trial on the ground that the petitioner is a juvenile is under challenge in this application under Section 482 Cr.P.C. 2. It was contended before the learned Sessions Judge that the petitioner was aged about 16 years 8 months and 2 days on the alleged date of offence and, therefore, a juvenile and should be tried by the Juvenile Court. The learned Sessions Judge did not accept the age as mentioned in the petition and looking at the physique of the petitioner assessed his age at more than 18 years on the date of occurrence and rejected the petition. The learned counsel appearing for the petitioner submitted that if the learned Sessions Judge had any doubt about the age of the petitioner, he should have directed for an inquiry a...
- ‹ Prev
- 1
- 2
- Next ›