Orissa Court August 2005 Judgments
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Rabishankar @ Ramesh Meher and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-31-2005
Reported in: I(2006)DMC113; 2005(II)OLR412
R.N. Biswal, J.1. This CRLMC arises out of a petition under Section 482 of Cr.P.C. filed by the petitioners seeking quashing of the proceeding in G.R.Case No. 140 of 20.05 pending before the Court of S.D.J.M., Padampur.2. The facts of the case lie in a narrow compass. Petitioner No. 1 married opposite party No. 2 on 6.3.2003 in accordance with Hindu Rites and their caste custom. Sometimes thereafter skirmishes erupted between the petitioner and his family members in one hand and opposite party No. 2 on the other. So, opposite party No. 2 filed I.C.C. Case No. 12 of 2005 before the Court of S.D.J.M., Padampur, against the petitioner, his parents and sister on accusation of commission of offence under Sections 498-A/294/506/34, IPC read with Section 4 of the D.P.Act. The complaint petition having been referred to the O.I.C. of Jharbandha P.S. under Section 156(3) of Cr.P.C. by the S.D.J.M., it was treated as F.I.R. and registered as G.R.Case No. 140 of 2005. While investigation into the ...
Naresh Chandra Mohanty Vs. Millan Kumar Badu
Court: Orissa
Decided on: Aug-31-2005
Reported in: 2005(II)OLR578
R.N. Biswal, J. 1. This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. wherein the petitioner has prayed for quashing the complaint petition in I.C.C. case No. 243 of 1996 pending in the Court of J.M.F.C., Cuttack.2. The petitioner is the accused and the opp. party is the complainant in the aforesaid case. As per the complaint petition, one Agani Sahoo leased out Plot Nos. 855-Ac.022, 856-Ac. 0.11, 857- Ac. 0.24 and 858-Ac. 0.06 decimals with total area of Ac. 0.68 decimals appertaining to Hal Khata Nos. 2185 and 2187 corresponding to C.S. Khata No. 130 situated in mouza Kusunpur (Etmaran bazaar) under Purighat Police Station, Cuttack with a building and some thatched houses to the accused. The complainant purchased the said land with structure standing over it through a registered sale deed on 5.8.1996. After selling the said land along with structure standing over it, Agani Sahoo sent a registered letter to the complainant intimating him that he was no more his lan...
Smt. Pabani Gajendra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-2005
Reported in: 708(2005)CLT100; 2005(II)OLR686
ORDERM.M. Das, J.1. The petitioner was elected as Ward Member of Ward No. 7 in Baku Grama Panchayat under Kanas Block defeating the opp. party No. 3. After formation of the Grama Panchayat, the petitioner was elected as Naib Sarpanch of the said Grama Panchayat by the Ward Members. While the petitioner was discharging her duties as Naib Sarpanch. the opp. party No. 3 made a representation to the Collector, Puri-opp. party No. 2 herein, inter alia, alleging that the petitioner having more than two children was disqualified under Section 25(1)(v) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') from being elected as the Ward Member. When the said representation was pending before the Collector, the opp. party No. 3 filed W.P.(C) No. 5183 of 2002 and by order dated 16.12.2003 this Court disposed of the said writ application directing the Collector, Puri to consider the said representation if it is pending, after giving opportunity of hearing to all concerned ...
State of Orissa and ors. Vs. Markendeswar Nayak
Court: Orissa
Decided on: Aug-30-2005
Reported in: 2005(II)OLR614
I.M. Quddusi, J.1. This writ petition has been filed by the State against the judgment and order dated 6.8.1999 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 1018 of 1988, by which the original application filed by the opposite party before the Tribunal had been allowed and the impugned order of his removal from service was quashed declaring PMR 825(b) of the Orissa Police Rules given in Orissa Police Manual as ultra vires to Article 311(1) of the Constitution and the same was struck down by the impugned order of the Tribunal.2. The brief facts of the case are that the opposite party, namely, Markandeswar Nayak was appointed in state police service in the post of Asst. Sub-Inspector of Police (ASI) thereafter he was promoted to the post of Sub-Inspector of Police vide order dated 21.11.1985 passed by the D.I.G. of Police (Admn.).3. One Kamalini Nayak had made a complaint to the Superintendent of Police, Sundargarh that she was serving as craft teacher at Reserve...
Subash Chandra Routray Vs. Managing Director, Orissa State Civil Suppl ...
Court: Orissa
Decided on: Aug-30-2005
Reported in: 2005(II)OLR643
J.P. Misra, J.1.Subash Chandra Routrayand Ajay Kumar Nayak call in question Annexure-1 (WP (C) No. 9397/04) and Annexure-8 (WP (C) No. 10342/04) wherein they have been demoted to the post of Kantawala from the appointed/engaged post of Sales Assistant-cum-Godown Assistant (hereinafter referred to as 'S.A.- cum-G.A.') with the direction for recovery of financial benefit by their authority (opp. party No. 1). In addition, regularization of the post of Kantawala in respect of Ajaya Kumar Nayak also has been struck off.2. Briefly stated, Subash Chandra Routray (WP (C) No. 9397/04) was temporarily appointed (Annexure-2) on ad hoc basis for 44 days as Helper-cum-Kantawala by opp. party No. 1 by order dated 23.5.1988 and he joined on 26.5.1988 before the opp. party No. 2 and is working till today. As per the relaxation of Orissa State Civil Supplies Corporation Employees Service Rules, 1993 (hereinafter referred to 'the Rules, 1993'), he became eligible for the post of S.A.-cum-G.A. and, acco...
State Vs. Lal Chand Agarwal
Court: Orissa
Decided on: Aug-29-2005
Reported in: 100(2005)CLT703; 2005CriLJ366; 2006FAJ1
I.M. Quddusi, J.1. This appeal has been filed by the State against the judgment dated 20.9.1986 passed by the Chief Judicial Magistrate, Bolangir in 2 (C) C.C. No. 17 of 1985 (T. R. No. 220 of 1985) acquitting the Opp. Party of the offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short 'the Act').2. The brief facts of the case are that the Opp. Party had food licence for manufacturing biscuits only. On 28.11.1984 Puma Chandra Mishra, the Food Inspector, Mobile Unit, State Public Health Laboratory, Orissa and Anirudha Naik, the Food Inspector of the Bolangir district (P.W. 1) inspected the factory of the Opp. Party. According to the prosecution, P.W. 1 suspected the Goli-Peppermint manufactured and stored by the Opp. Party in his factory for sale for human consumption, to be adulterated. He expressed his intention to the Opp. Party to get the sample of Goli-Peppermint analysed and served notice upon him. Thereafter he purchased 900 gms. of Gol...
Sri Manoranjan Behera and Five ors. Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Aug-25-2005
Reported in: 2005(II)OLR706
ORDER1. Heard learned counsel for the petitioners and the learned Addl. Standing Counsel.2. The limited grievance of the petitioners in the present writ application is that they are in possession of the property in question from the time of their ancestors for much more than 30 years by constructing small residential houses thereon and that they are landless persons and they have no property far-less homestead property standing in their name. It is further stated that the petitioners have no shelter excepting small residential houses constructed by them over the plots of the land in question.3. It appears that W.P.(C) No. 433 of 2005 was filed by some persons making allegations therein that the land in question being of communal nature and having been encroached upon by some encroachers, they should be evicted therefrom. By order dated 5.7.2005, this Court disposed of the said writ application by directing that if the petitioners in the said writ application make a representation befor...
Nihar Nalini Nayak Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-23-2005
Reported in: 2005(II)OLR498
R.N. Biswal, J. 1. This CRLMC arises out of a petition under Section 482 of Cr.P.C. filed on behalf of the petitioner with a prayer to direct that G.R. Case No. 1909 of 2003 and I.C.C. Case No.586 of 2005 pending before E.B. Rao and R.M. Acharya both Judicial Magistrates First Class Bhubaneswar, respectively shall be tried and decided by one Court one after another.2. Opposite party No.2 filed I.C.C. Case No.586 of 2005 before the Court of S.D.J.M., Bhubaneswar on the allegation that the petitioner took a friendly loan of Rs.74,000/- from him for construction of her house at Puri with a stipulation that she would repay the loan within a period of one month, but she did not repay the same within the time stipulated. However, after much request and persuasions she handed over to him six cheques of Rs.74,000/- all of which were drawn on the account maintained by her with the State Bank of India, Station Bazar Branch, Puri. Out of the six cheques, the complainant {O.P. No.2) presented thre...
State of Orissa Vs. Purna Chandra Jena
Court: Orissa
Decided on: Aug-23-2005
Reported in: 2006CriLJ505; 2005(II)OLR784
A.K. Parichha, J.1. Learned Standing Counsel is present. Despite service of notice and intimation given by learned S.D.J.M., Bhubaneswar, the respondent is absent and no one has also appeared on his behalf.2. Heard learned Standing Counsel. Perused the impugned judgment and the L.C.R. The circumstances giving rise to this appeal are as follows :Prosecution was launched under Section 224, Indian Penal Code (in short, 'IPC') against the respondent in G.R. Case No. 1780 of 1983 of the Court of learned S.D.J.M., Bhubaneswar on the allegation that while under arrest in connection with Balianta P.S. Case No. 73 of 1983 for offence under Section 302, IPC, he escaped with the hand-cuff from the office of the C.S.I., Bhubaneswar on 27.8.1983. The plea of the respondent against the said charge was that he never escaped from police custody but had gone to answer the call of nature after taking permission from the Constables. According to him, when he returned after answering the call of nature no...
Cref Finance Ltd. Vs. Shree Shanti Homes (P) Ltd. and anr.
Court: Orissa
Decided on: Aug-23-2005
Reported in: I(2006)BC566
B.P. Singh, J.1. Special leave granted.2. This appeal is directed against the judgment and order dated 21.9.2004 of the High Court of Karnataka at Bangalore in Criminal Petition No. 4469 of 2002. The appellant is the complainant, and he is aggrieved by the order passed by the High Court whereby the High Court remitted the matter to the Magistrate on a finding that the Magistrate had issued process against the respondents without taking cognizance of the offence, and since taking of cognizance was a condition precedent, the issuance of process was bad. The correctness of this order is challenged before us.3. It is not in dispute that four cheques were issued by respondent 2, the Managing Director of respondent 1 Company for the total amount of Rs. five crores. The payments v/ere made by respondent 2 on behalf of respondent 1 Company of which he was a Director. The cheques were dishonoured since respondent 2 stopped payment of those cheques. The appellant filed a complaint before the 14t...
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