Orissa Court June 2005 Judgments
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Siba Mohanta and Vs. State of Orissa
Court: Orissa
Decided on: Jun-24-2005
Reported in: 2005(II)OLR317
Sujit Barman Roy, C.J.1. In this appeal the two appellants, namely, Siba Mohanta (appellant No. 1) and Jadumani alias Jadu Mohanta (appellant No. 2) seek to challenge the judgment dated 13.11.1987 passed by the learned Sessions Judge, Keonjhar in S.T.Case No. 14 of 1987 convicting both the appellants under Section 376/34, IPC and sentencing them thereunder to suffer R.I. for 7 years, and to pay a fine of Rs. 200/- each, and in default, to suffer R.I. for one month more.2. Prosecution case, in brief, is that on 21.2.1986 at about 7 P.M. P.W.2 Alekh Patra being the husband of the prosecutrix lodged a written complaint before the Superintendent of Police, Keonjhar alleging, inter alia, that on 16.2.1986 when his wife being P.W. 1 Kusum Patra was going towards the house of her parents to bring some rice, the two appellants appeared at the scene and forcibly raped her. After the said incident P.W. 1 returned home and narrated the incident to him. When P.W.2 went to the Police Station to lod...
Damji Narshi Das Vs. State of Orissa
Court: Orissa
Decided on: Jun-24-2005
Reported in: 2005(II)OLR383
B.P. Das, J. 1. This Civil Revision is directed against the order dated 27.8.2001 passed by the Additional District Judge, Angul in Probate Misc. Case No. 227 of 1999 dismissing the application of the petitioner praying to include the properties situated at Talcher, Pallahara, Telkoi, Deogarh and Rajkot in the probate proceeding.2. The brief facts as narrated in the revision application are as follows :The petitioner initiated a proceeding under Section 276 of the Indian Succession Act before the District Judge, Dhenkanal, on 12.10.1999 for probate of the Will dated 16.1.1999 executed by late Kanchan Gauri Narshi Das. Kanchan Gauri Narshi Das died issueless on 6.6.1999. The petitioner as the sole executor-cum-beneficiary under the Will instituted the proceeding for Probate of the aforesaid Will. The said case was registered as Misc. Case No. 227 of 1999. Under the Will, the properties of late Kanchan Gauri Narshi Das located at Talcher, Angul, Rajkot, Pallahara, Deogarh and Telkoi have...
Subhadra Bai and ors. Vs. Smt. Roop Bai
Court: Orissa
Decided on: Jun-24-2005
Reported in: AIR2006Ori10
M.M. Das, J. 1. The Plaintiffs as appellants have preferred this appeal against the judgment and decree passed in Title Appeal No. 8 of 1998 by the learned Addl. District Judge, Jeypore directing remand of the suit for trial on framing such additional issue as would be necessary on the pleadings of the parties.2. For better appreciation of the case, it is felt essential to state the facts in brief which are as under:The present appellants as plaintiffs filed Title Suit No. 54 of 1994 in the Court of the Civil Judge (Sr. Divn.), Jeypore for declaration of their right, title and interest over the plaint 'A' schedule property and also for recovery of possession of 'B' schedule property after evicting Defendant No. 2 or any other person claiming under her and also to declare that the defendants have no right over the suit properties. According to the plaintiff-appellants, Ram Singh was the common ancestor of the parties. He had one son, namely, Gobardhan Singh and a daughter Roop Bai. The ...
Saroj Kumar Balabantaray, Vs. State Orissa and ors.
Court: Orissa
Decided on: Jun-22-2005
Reported in: 100(2005)CLT182
J.P. Mishra, J. 1. All the aforesaid Writ Applications have arisen out of mal-administration in the Satyasai Engineering College, Balasore, which is a private unaided institution. In O.J.C. No. 11935/2001, the petitioner being a trustee of the institution has sought for a direction for constituting the Governing Body and not to allow the Managing Trustee (O.P. No. 6) or his agents to cause any disturbance in the administration. The Managing Trustee Padmalochan Panda also filed W.P.(C) Nos. 355/ 2002 and 6403/2002 praying to quash the order of the AICTE putting the institution into 'No Admission Category' and also it has been prayed to issue a Writ of mandamus compelling the AICTE for extension of approval for the year 2002-2003 and to appoint him (Padmalochan Panda) as a receiver for complying the requirement of the AICTE. The students of 3rd year of the institution also filed W.P.(C) No. 1061 of 2002 with a prayer to allow counseling for the academic year 2002-2003. The N.G.O. filed O...
Swasti Ranjan Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Jun-21-2005
Reported in: 2005(II)OLR299
A.K. Parichha, J.1. This is an application under Section 482. Criminal Procedure Code (in short, 'Cr.P.C.) for quashing the proceeding in Vigilance G.R.Case No. 7 of 2005, corresponding to Vigilance FIR No. 7 of 2005 pending in the Court of learned Special C.J.M., Vigilance, Bhubaneswar. The Deputy Superintendent of Police, Vigilance Cell, Bhubaneswar lodged an FIR alleging that the petitioner who is working as Company Secretary of Orissa Rural Housing Development Corporation Ltd., Bhubaneswar (in short, 'ORHDC') and the Managing Director of the said Corporation entered into a criminal conspiracy with a builder firm 'M/s. Metro Builders Pvt. Limited' and in prosecution of that conspiracy sanctioned and disbursed a loan of Rs. 1.5 crores to that firm abusing their official position. Basing on the said FIR Bhubaneswar Vigilance P.S.Case No. 7 of 2005 was registered under Section 13(2)(/13(1)(d) of the Prevention of Corruption Act read with Section 120-B of IPC and investigation was under...
Premraj Tripathy Vs. Republic of India
Court: Orissa
Decided on: Jun-21-2005
Reported in: 2005CriLJ3423
ORDERR.N. Biswal, J.1. This revision is directed against the order dated 13-11 -2003 passed by the Special Judge, C.B.I., Bhubaneswar in T.R. No. 2 of 2003 wherein he took cognizance of the offence under Sections 120-B/420/468/471, IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act against the petitioner along with others.2. Succinctly stated the facts giving rise to this revision is that the petitioner and some others are charge sheeted for the aforesaid offences on the allegation that Shri Tushar Mishra, M.D., M/s. B. Engineers & Builders Limited took BEML Excavator No. G-10340 on lease basis from M/s. SREL International Finance Limited on 18-8-1997 and engaged the same in construction work at Bagh barrage work site, Sagada in the District of Boudh. On 17-3-1998 Sri K. K. Santhalia of M/s. SREI International Finance Ltd. made application before Sri B. R. Das, Senior Branch Manager Oriental Insurance Company Limited (hereinafter referred to as 'OICL')...
Suresh Chandra Panda and Etc. Vs. State of Orissa
Court: Orissa
Decided on: Jun-21-2005
Reported in: 2005CriLJ4494
ORDERP.K. Tripathy, J.1. Order of conviction of the petitioners under Section 395, I.P.C. by the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Rayagada in the combined trial of Sessions Case No. 7 of 1993 and 11 of 1993, was upheld by learned Additional Sessions Judge, Koraput at Jeypore as per the common judgment delivered in Criminal Appeal , Nos. 26 to 30 of 1994 of the said Court. Being aggrieved by. such order of conviction and sentence the six convicted accused persons not only preferred Criminal Revisions in the following indicated manner but also three of them send applications from the Jail which were registered in this Court as Jail Criminal Revisions. To get a clear picture about their status, the total numbers of accused who faced the trial, the accused persons who were acquitted and convicted and the appeals and the revisions which were preferred are indicated below. (The names of the accused persons are described according to the serial numbers assigned to them ...
Dasarathi Mohapatra Vs. Secretary, Orissa Legislative Assembly and anr ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: 101(2006)CLT192; 2005(II)OLR274
A.S. Naidu, J.1. The petitioner, an erstwhile employee of the Orissa Legislative Assembly, has filed this Writ Petition inter alia challenging the Office Order dated 24.6.2003 (Annexure- 5) retiring him from Government service retrospectively with effect from 30.11.2002 afternoon, as well as the order dated 18.9.2003 (Annexure-8) rejecting his representation dated 15.7.2003.2. It is submitted that the petitioner was originally appointed as a Chowkidar in the erstwhile CD. & P.R. Department of the Government of Orissa by order dated 21.10.1966 although it appears from his service book that he had joined service on 12.10.1966. Thus discrepancy prevailed as to the entries made in his service book from the very inception. In his service book the date of birth of the petitioner was recorded as 17.11.1946. The petitioner was subsequently appointed as the Orderly to the Deputy Speaker in the Secretariat of the Legislative Assembly in the year 1967. Dispute arose when the authorities received ...
Satsang Vs. Akshaya Kumar Khatua and ors.
Court: Orissa
Decided on: Jun-20-2005
Reported in: 100(2005)CLT440; 2005(II)OLR285
A.S. Naidu, J.1. Fraud, collusion or misrepresentation nullify any order passed by any authority. The allegations of the petitioner in the present Writ Petition are to the same extent.2. The lands in dispute are situated in Mouza-Sindurpank in the district of Sambalpur. Certain dissensions cropped up inter se between the parties centering round the order passed by the Tahsildar in Mutation Case No. 1176 of 2003. It was alleged by the petitioner that on enquiry it was found that opposite party No. 1 had clandestinely obtained certain orders in his favour from the Tahsildar in consonance with the direction issued by the Consolidation authority in Consolidation Revision Case No. 291 of 2003 behind the back of the Petitioner. The aforesaid Consolidation Revision alleged to have been filed by opposite party Nos. 1 and 2 invoking jurisdiction of the Commissioner of Consolidation, Sambalpur under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act...
Kanak Devi Pandey Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jun-20-2005
Reported in: 100(2005)CLT462; [2005(107)FLR1131]; 2005(II)OLR436
A.S. Naidu, J.1. The petitioner, widow of one late Bhagabah Pandey, an ex-Serviceman of the Indian Army, has approached this Court being aggrieved by the inaction of the opposite party authorities in sanctioning and disbursing service pension to her deceased husband and communicating the same to her deceased husband as per letter dated 7th November, 1996, vide Annexure-1 to the Writ Application. The petitioner has prayed to quash the said communication Annexure-1 and direct the opposite party authorities to sanction and disburse pension payable to her deceased husband besides other consequential benefits at par with other pensioners.2. According to the petitioner her deceased husband Bhagaban Pandey was enrolled as a Gunner (Cook Special) in the Army medical Corps on 6th December, 1944 and he worked as such till 18th march 56 when he was discharged. Thereafter once again he was enrolled in the Regiment of Artillery on 17th September, 1958 as a Cook Special (Non-Combatant) and served th...
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