Orissa Court November 2006 Judgments
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Bimal Kumar Khetan and Sunil Kumar Khetan Vs. State of Orissa
Court: Orissa
Decided on: Nov-08-2006
Reported in: 2007CriLJ958; 2007(I)OLR109
A.S. Naidu, J.1. Both the aforesaid applications have been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.2. The petitioner in BLAPL No. 4575 of 2006, namely, Bimal Kumar Khetan, was the husband of deceased Manisha while the petitioner in BLAPL No. 4185 of 2006 was the brother-in-law (husband's brother) of the said deceased. The aforesaid Bail Applications had earlier been disposed of by order of this Court dated 11.6.2006. Thereafter the informant moved the Supreme Court in Criminal Appeal No. 972 of 2006 arising out of SLP (Cri) No. 3745 of 2006. By judgment dated 18th September, 2006 the Supreme Court allowed the said appeal and directed this Court to reconsider the Bail Applications afresh in consonance with law and keeping in view the principles enumerated in the said judgment and has observed as follows:There is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charge...
Shri Jayanta Kumar Sengupta Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-08-2006
Reported in: 103(2007)CLT86; [2007(113)FLR204]
I.M. Quddusi, J.1. This Writ Petition has been filed against the judgment and order dated 26.4.2000 passed by the Orissa Administrative Tribunal in O.A. No. 1451 of 1993 dismissing the same.2. The aforesaid O.A. was filed by the instant petitioner with a prayer for a direction to give him promotion to the rank of Additional Transport Officer (Stores) from the rank of Assistant Store Keeper in place of opposite party No. 6 of the instant writ petition.3. The brief facts of the case are that the petitioner was appointed as Store Keeper in the Central-Workshop of the Directorate of Health vide order dated 3.3.1969 temporarily ,but was confirmed later on. The Central Workshop was manned by two officers, namely, Store Keeper and Store Superintendent. The duty of the Store Keeper is to control the store and look to its maintenance. The Store Superintendent is in exclusive charge of the Store of the Central Workshop. The post of the Store Superintendent was upgraded to that of Additional Tran...
Samantaray Construction Pvt. Ltd. and anr. Vs. State of Orissa
Court: Orissa
Decided on: Nov-08-2006
Reported in: 2007(2)ARBLR309(Orissa); 103(2007)CLT319
A.S. Naidu, J.1. Both these appeals are directed against the order dated 5th August, 2005 passed by the Learned District Judge, Cuttack in Arbitration Petition No. 150 of 2003. The facts and the points of law arising in connection therewith being same, both the appeals were heard together and are disposed of by this common Judgment.2. M/s.Samantaray Construction Private Limited, the Appellant in Arbitration Appeal No. 49 of 2005, (hereinafter referred to as 'the contractors'), was awarded with the work of 'Construction of Mahanadi Barrage on the Right Side from the Right Divide Wall including Right Head Regulator', vide Agreement bearing No. LCB-2/1985-1986. The total cost of the project was Rs. 5, 15,63, 1 06.00 and the date fixed for completion of the work was 11th November, 1987. The work, it is averred, was financed by the World Bank. After entering into the agreement the contractors commenced the work, but then they could complete only 24.99% of work within the time stipulated und...
State Vs. Prasanna Kumar Senapati
Court: Orissa
Decided on: Nov-06-2006
Reported in: 2007CriLJ1344; 2007(I)OLR12
J.P. Mishra, J.1. The State has preferred this appeal against the acquittal judgment passed by the learned Assistant Sessions Judge, Boudh in S.C. No. 8 of 1989 (S.C. No. 57 of 1989) D.C.2. On the report (Ext. 2) lodged by P.W. 1 -the father of deceased Susama, the investigation commenced and by that time U.D. Case No. 3/86 (Ext.9) had already been registered by the O.I.C., Kantamal, for the suicidal death of Susama on the report of Laba Sahu (P.W. 7). The allegation in Ext.2 was that the accused had married his daughter Susama on 5.2.1984 at Chandimandir, Cuttack by exchange of garlands. Thereafter, the father and brothers of the accused demanded Rs. 50,000/- as dowry, but somehow he gave Rs. 10,000/- only. Thereafter, the accused being an employee in the Fire Brigade was transferred to Kantamal and stayed there on rent in the house of one Laba Sahu (P.W. 7). The accused took casual leave from 21.2.1986 and overstayed for one month leaving Susama at Kantamal. On 22.2.1986, Susama enqu...
Orient Paper Mills Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-06-2006
Reported in: 103(2007)CLT147; (2007)10VST547(Orissa)
A.K. Ganguly, J.1. The Petitioner, a registered company, claims to have established its plant in 1937 to manufacture paper and pulp. The case of the Petitioner is that as there was erratic supply of power by the State, it wanted to establish new captive power generation plant under which the power would be captively used by the Petitioner's factory which is situated at Brajarajnagar. The further case of the Petitioner is that it is a registered dealer both under Orissa Sales Tax Act and Central Sales Tax Act. The relevant registration certificates of the Petitioner, both under OST and CST, show that the Petitioner is entitled to purchase among other things plants, machinery and accessories on the strength of its registration certificates. The Petitioner's own case is that on such certificate it continued to purchase for its existing power plant, machinery and articles on concessional rate of tax under Section 8(1) of the CST Act and this was done to the knowledge of opposite party No. ...
Saheba Luha and anr. Vs. State of Orissa
Court: Orissa
Decided on: Nov-06-2006
Reported in: 2007(I)OLR49
J.P. Mishra, J.1. This is another saga of abuse of female class in our male dominated society. The allegations of the prosecutrix were under scrutiny by the learned Additional Sessions Judge, Sambalpur in S.T. No. 243/1 of 1997 which concluded in convicting and sentencing the accused-appellants to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1000/- (Rupees one thousand) each under Section 376(2)(g), I.P.C. and in default of payment of fine, to undergo rigorous imprisonment for three months more.2. The facts of the case, in brief, are that on 14.4.1997 (Monday), the victim and two daughters of Krushna Chand, namely, Kausia and Kamala, went to village Bhejitikra to enjoy Hanuman Jatra. They stayed in the house of Mahendra Podh, who is no other than the brother-in-law of Kausla, located at Musabenipada in village Bhjejitikra. On Tuesday night while she was sleeping in the thrashing floor (Khala) of the elder father of Mahendra Podh, the appellants lifted her p...
Shiva Prasad Samantaray and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-06-2006
Reported in: AIR2007Ori76; 103(2007)CLT339
B.P. Das, J.1. This writ petition has been filed by the Petitioners in the guise of Public Interest Litigation with a prayer to direct the Additional Director of C.B.I., Bhubaneswar, O.P. 8 to make an inquiry regarding illegal sanction of benefits under Indira Abas Yojana Scheme deviating the prescribed Guidelines and also selecting such persons, who are not eligible for getting such benefits by including the names of such ineligible persons in the 'Below Poverty Line' (B.P.L.) list. The Petitioners have further alleged that such list has been prepared without proper inquiry and to favour certain persons and such persons have also been allowed to construct Indira Abas Houses over the Government land in Paradeepgarh Gram Panchayat in the District of Jagatsinghpur.2. According to the Learned Counsel for the Petitioners, the action of the Project Director (D.P.) of District Rural Development Agency (DRDA), Jagatsinghpur, O.P. 5 is not free from doubt and more particularly he is a party to...
State Vs. Prahallad Rath and ors.
Court: Orissa
Decided on: Nov-03-2006
Reported in: 2007CriLJ1189
L. Mohapatra, J.1. This Government appeal is directed against an order of acquittal recorded by the learned Judicial Magistrate, First Class, Khurda in Case No. 2(c) C. C. 54/85 (T.R. Case No. 163 of 1988) acquitting the respondents from charge under Section 3(a) of the Railway Property (Unlawful Possession) Act.2. The case of the prosecution is that on 12-6-1985, P.Ws. 1 and 4 were escorting 215 of Up Bhubaneswar-Palasa passenger train from Khurda Road to Palasa. On their way, they received information that the staff on duty of generator coach in the said train were preparing to sell high speed diesel oil from the generator coach at Nirakarpur Station. The further case of the prosecution is that when the train arrived at Nirakarpur Railway Station, an outsider entered into the generator coach from the off side of the train and got down with a heavy bag on his shoulder. On suspicion, both the R. P. F. staff chased the outsider and caught him red handed. On interrogation, the said perso...
Prasant Kumar Choudhury Vs. Union of India (Uoi)
Court: Orissa
Decided on: Nov-03-2006
Reported in: 2008ACJ685; AIR2007Ori33
I. Mahanty, J.1. In the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellant who was the claimant before the Railway Claims Tribunal, Bhubaneswar Bench has sought to challenge the order dated 28th August, 2002 passed by the Railway Claims Tribunal in Case No. OA/87 of 1998 to the extent of non-granting of pendente lite interest on the compensation awarded to the claimant-appellant.2. The appellant filed a claim application before the Railway Claims Tribunal, Bhubaneswar Bench, inter alia, claiming for compensation on account of the injury sustained by him while travelling in a train. In the said application, the appellant claimed 'compensation with interest at the rate of 12% per annum from the date of untoward incident till the date of payment'. The Tribunal by its order dated 28-8-2002 partly allowed the claim application and directed as follows:The claim application is allowed partly. The respondent-railway is directed to pay a compensation o...
State Vs. Mina Mahanandia
Court: Orissa
Decided on: Nov-02-2006
Reported in: 2007CriLJ1100
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 8-5-1989 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 143 of 1988 acquitting the respondent of the charge under Sections 457 and 376, I.P.C.2. The case of the prosecution is that on 8-8-1988 mid night while the informant, in absence of her husband, was sleeping with her son aged about 17 years and unmarried daughter Sahebani aged about 14 years in a room of her house after closing the door from inside by putting a 'khidiki' (a crossbar), the accused-respondent entered inside the room and committed sexual intercourse on her by raising her wearing clothes. When she raised hullah by catching hold of the accused-respondent, her son (PW 6) got up, raised hullah and caught hold of the accused-respondent, who was trying to escape. Hearing such shout, younger brother of the informant's husband (PW 7) came. Thereafter, in presence of the witnesses accused-respondent was given to the custo...
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