Orissa Court January 2005 Judgments
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Krushna Naik Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-2005
Reported in: 99(2005)CLT283; 2005CriLJ1343; 2005(I)OLR284
A.K. Samantray, J.1. The above noted DSREF (Death Sentence Reference) has been made under Section 366, Cr.P.C. by Learned Addl. Sessions Judge, Bhanjanagar on convicting accused Krushna Naik for the offence punishable under Section 302, IPC as per the judgment delivered on 6.12.2003 in Sessions Case No. 30 of 2001 arising out of Soroda P.S. Case No. 78 of 2000, and sentencing him to death. The said accused has challenged that order of conviction and sentence in JCRLA No. 130 of 2003. On consent of the parties, both the matters were heard analogously and disposed of by this common judgment, which will abide the result of both the cases.2. The factual position reflected in the FIR and as presented by the prosecution, sans unnecessary details, runs as follows :On 22.10.2000 at about 11 A.M. the informant Radhakanta Behera (P. W. 1) had been to the house of Chakradhar Malik (deceased) and there, during conversation, it was revealed by the deceased that Jhili, the wife of Banaro Malik had b...
Gopinath Dixit Vs. Rama Chandra Dixit and anr.
Court: Orissa
Decided on: Jan-04-2005
Reported in: 99(2005)CLT209
A.S. Naidu, J.1. This appeal under Order XLIII, Rule 1 of the Civil Procedure Code has been filed, inter alia, assailing the common judgment dated 20.9.2003 passed by the Civil Judge (Senior Division), Puri in Money Appeal No. 3/3 of 2000/1998 and Title Appeal No. 16/72 of 2001/1998.2. By the said judgment the Lower Appellate Court set aside the judgment and decree dated 29.7.1998 and 10.8.1998 respectively passed in Title Suit No. 185 of 1990 and Money Suit No. 80 of 1990 buy the Learned Civil Judge (Junior Division), Puri and remanded both the suits to the Trial Court for fresh trial with a direction to implead the third party-petitioner in Title Suit No. 185 of 1990 and to re-cast the issues consequent upon such the impletion.3. Bereft of tall unnecessary details the short facts for appreciating, the inter se disputes are :The appellant as plaintiff filed T.S. No. 185 of 1990 in the Court of Learned Civil Judge (Junior Division), Puri for a declaration that the plaintiff was the ado...
Biswamitra Majhi and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-2005
Reported in: 2005(I)OLR323
Pradip Mohanty, J.1. This is an application under Section 438 of the Code of Criminal Procedure ('Cr.P.C'., for short) with a prayer to release the petitioners on anticipatory bail. Petitioners 1 and 2 are Government servants being employed as Assistant Soil Conservation Officer and Soil Conservation Section Officer respectively. They were entrusted with the work of implementing the project named 'Wasteland Development 'Programmer' in Bargaon Block in the district of Sundargarh. On the allegation that some irregularities had been committed during the execution of the aforesaid project, File No. 39 of 2003 has been opened by the Sundargarh Squad of the Vigilance Department and investigation is going on.2. Mr. Panda appearing for the petitioners submits that though till date neither any FIR has been drawn up nor has any search warrant been issued, since the petitioners were entrusted with execution of the aforesaid work and a vigilance enquiry is going on, there is reasonable apprehensio...
Smt. Laxmipriya Sahu and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-03-2005
Reported in: 99(2005)CLT214; 2005(I)OLR198
B.P. Das, J.1. The petitioners, who are the Chairperson, Vice-Chairperson and Councilors of different Wards of Notified Area Council of Balugaon, have filed this Writ Petition under Articles 226 and 227 of the Constitution of India challenging the Order dated 22.7.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. No. 1436(C)/2004 refusing to grant interim relief (Annexure-14) as well as the office Order dated 29.6.2004 issued by the State Government Opp. Party No. 1 re-transferring and re-posting Opp. Party No. 3, Rabindranatn Sahoo as the Executive Officer of Balugaon Notified Area Council after 20 days of his transfer to Khandapara N.A.C. (Annexure-13).2. The brief facts leading to this Writ Petition are as follows :Petitioner Nos. 1, 2 and 3 to 9 after being elected as Chairperson, Vice-Chairperson and Councilors of Balugaon N.A.C. assumed their offices in the month of September, 2003. The elected body of the Balugaon N.A.C. took overcharge in Septem...
Oriental Insurance Co. Ltd. Vs. Durga Devi and ors.
Court: Orissa
Decided on: Jan-03-2005
Reported in: II(2005)ACC815; 2006ACJ2229; 99(2005)CLT575
M.M. Das, J.1. These three appeals having been filed against the common judgment and award passed by the Fifth Motor Accident Claims Tribunal, Bhubaneswar in Misc. Case No. 189 of 1995, were heard together and disposed of by this common judgment.2. The facts of the case, in brief, are that the deceased-Nb. Subedar Khadga Bahadur Thapa was travelling with other Army Officers from Berhampur to Bhubaneswar in a Mahindra Mini Bus bearing Registration No. OR-07A-1308 belonging to the Defence Department on N.H. 5 on 30.10.1994 during early morning hour. When they reached near village Ratamati in between balugaon and Khurda, a truck bearing Registration No. BIT-5859 coming from the opposite direction dashed against the Mini Bus, which was boarded by the deceased and due to the severe impact between the two vehicles, the deceased and one Conl. Satya Prakash sustained severe brain injuries and injuries on other parts of the body. The deceased succumbed to the injuries on the spot and on being c...
Purna Chandra Sahoo Vs. Santi Alias Sukanti and anr.
Court: Orissa
Decided on: Jan-03-2005
Reported in: 2005CriLJ1350; 2005(I)OLR229
A.K. Parichha, J.1. This is an application under Section 482 of the Code of Criminal Procedure (in short, 'Cr. P. C.') for quashing the order dated 4-4-2003 passed by the learned J. M. F. C., Nimapara in I. C. C. No. 60 of 2003 directing the Nimapara police authority to conduct investigation into the allegations raised by the opp. party No. 1 in her complaint petition.2. Opp. Party No. 1 filed complaint case No. 60 of 2003 before the learned J. M. F. C., Nimapara alleging that although she and her husband, the present petitioner are not pulling on well and are living separately, the accused- petitioner visited her at her parents house on dated 23-3-2003 and forcibly committed sexual intercourse with her during the night. She also alleged that on the following morning she discovered that the petitioner has decamped after removing her gold ornaments from the box without her consent. According to her she went to the Police Station and informed about the illegal action of the petitioner, b...
Mukesh Dhirubhai Ambani Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-03-2005
Reported in: 2005CriLJ2902; 2005(I)OLR234
B.P. Das, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C') with a prayer to quash the proceeding in I.C.C. No. 237 of 2003 pending in the Court of the Sub-Divisional Judicial Magistrate, Panposh at Uditnagar as well as the order passed therein taking cognizance against the petitioner of the offence under Sections 294/423/506/323/34 of the Indian Penal Code ('I.P.C.' in short).2. The brief facts giving rise to the present application, as have been stated in the complaint petition, are as follows :O.P. No. 2-Prafulla Kumar Mishra, an advocate of Rourkela Bar, filed the aforesaid complaint case impleading the present petitioner-Mukesh Dhirubhai Ambani, the Chairman of Reliance Infocomm, as accused No. 1, and two others, namely, Rajesh Hirwe, the Manager of Reliance Infocomm Ltd., Rourkela, and V.K. Gupta, the owner of M/s. Balajee Agencies (Telecom Division), Rourkela, as accused Nos. 2 and 3 respectively who are not parties to t...
Rabinarayan Hati Vs. Nityananda Patra and ors.
Court: Orissa
Decided on: Jan-03-2005
Reported in: 2006(1)OLR129
ORDER1. Heard Mr. S. K. Dash, learned counsel for the petitioner and Mr. P. K. Routray, learned counsel for opposite party No.12. This writ petition has been filed by petitioner challenging to the judgment delivered on 05.07.2005 by learned District Judge, Cuttack in Election Appeal No.4 of 2005.3. Opposite Party No.1 filed Panchayat Samiti Election Case No.1 of 2002 in the Court of Civil Judge (Sr. Division), Kendrapara. Petitioner in this case and the opposite party No.2 respectively appeared as opposite party Nos.1 and 2 in that Election Case. They are described as such in this order. The election petitioner alleged that on the first counting he was declared to be elected and after that result was declared, on the request of the opposite, party No.1 (writ petitioner) recounting was done and the said opposite party No.1 was declared elected. Accordingly a notification was published notifying that opposite party No.1 was duly elected as Panchayat Samiti Member of Rangani Gram Panchaya...
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