Orissa Court April 2009 Judgments
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Bhaskar Chandra Nayak and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-30-2009
Reported in: 2009CriLJ3875; 2009(II)OLR153
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 06.04.1989 passed by the Addl. Sessions Judge, Balasore convicting the appellants under Section 412 IPC and sentencing them to undergo rigorous imprisonment for three years in S.T. No. 16/74 of 1988.2. The case of the prosecution is that on 03.09.1987 at about 6.30 A.M. two unknown persons were found sitting at Khuladi Bazar Chhak. Nagendra Mohan Jena, Harischandra Das and few others went near the said two unknown persons and asked them about their identity and destination. During that time one Satrughna Martha arrived there and immediately recognized them to be dacoits who had committed dacoity in 7- UP Howrah-Puri Express during the night in between 2nd and 3rd September, 1987. He further disclosed that he was one of the passengers in the compartment in which the dacoity took place. Nagendra snatched away the bag from those unknown persons, who took to their heels. After handing over the said bag to Bha...
Niranjan Dash Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-30-2009
Reported in: 108(2009)CLT95; 2009CriLJ3632
Pradip Mohanty, J.1. This criminal revision is directed against the Order Dated 24.04.2007 passed by the Learned Chief Judicial Magistrate, Dhenkanal rejecting an application under Section 239 Cr.P.C. filed by the Petitioner in G.R. Case No. 896 of 2005.2. The brief fact of the case is that the Petitioner along with two others have been implicated under Sections 409/417/419/420/467/468/471/34 I.P.C. in G.R. case No. 896 of 2005 of the court of S.D.J.M., Dhenkanal (subsequently transferred to the court of C.J.M., Dhenkanal). As per the F.I.R. story, the informant, while working as a Branch Manager, U.Co. Bank, Deogaon Branch received a complaint from the account holders of S.B. Account No. 200 that a sum of Rs. 56,000 had been withdrawn from the said account without their knowledge. The informant lodged an F.I.R. before the Police station about the withdrawal of money by the present Petitioner and one Basudev Dehury (Head Cashier).The police registered a case, took up investigation and ...
Subash Chandra Parida and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-30-2009
Reported in: 108(2009)CLT101
Pradip Mohanty, J.1. This criminal revision is directed against the Order Dated 18.07.2007 passed by the Learned Ad hoc Additional Sessions Judge, Chhatrapur in Sessions Case No. 7 of 2004, framing charge under Sections 341/323/363/364/324/302/201/342/34 of I.P.C. against the accused-Petitioners.2. The brief facts of the case are that one Jayasen Nayak reported before the O.I.C. Beguniapada Out Post under Kodala P.S. alleging that on 16.02.1998 at about 5 P.M. there was a quarrel between the family of the informant & that of the accused-Petitioners as deceased-Santosh, the brother of the informant had sent a letter to the minor daughter of accused Subash Parida (Petitioner No. 1). Thereafter, there was a tussle between the parties in course of which the accused-Petitioners assaulted the informant & his 2 brothers by means of lathi. It is further alleged that the deceased Santosh was lifted by the accused-Petitioners & thereafter he was not found. Next day, the dead body of the deceased...
Guru Prasad Mohanty and anr. and Kailash Sahu Vs. State of Orissa and ...
Court: Orissa
Decided on: Apr-30-2009
Reported in: AIR2009Ori172; 2009(II)OLR65
Sanju Panda, J.1. Since common questions are involved in both the writ petitions, they were heard together and are being disposed of by this common judgment.2. Challenge has been made in these writ petitions to the instructions dated 5.8.2008 and 20.8.2008 issued by the inspector General of Registration, Orissa, Cuttack (in short 'IGR') regarding fixation of market value of the land while the Sub-Registrar registering the documents for the purpose of transfer of property, as without jurisdiction and inconsistent with the Indian Stamp Act and the Orissa Stamp Rules, 1952 (in short, 'the Act and Rules').3. The petitioners for the purpose of registration of documents disclosed the valuation of the property before the Registering Authority to facilitate payment of proper stamp duty. The Registering Authority did not accept their documents on the ground that the valuation of the property as disclosed by the petitioner was at a lower rate than the fixed Bench Mark valuation. Accordingly, it ...
Surjya Kanta Tripathy and anr. Vs. State of Orissa (G.A.)
Court: Orissa
Decided on: Apr-30-2009
Reported in: 2009(II)OLR113
M.M. Das, J.1. The petitioners are two of the accused persons in VGR Case No. 25 of 1998 corresponding to Vig. C.D.P.S. Case No. 8 dated 23.3.1998.2. Allegations have been made against the petitioners and other accused persons for alleged commission of offences under Sections 409/406/488/471/120B IPC. The petitioners in the charge sheet, who have been made accused, are the then Executive Engineer and the Junior Engineer of Mahanadi North Division respectively and allegation against them is with regard to non-execution of two numbers of spurs of Rs. 90,450/- and non-recovery of royalty charges of stones amounting to Rs. 39,000/- utilized for stone packing and construction of two Nos. of spurs in course of 'Bank Protection of Scoured Bank on Karandia Right near village Nankar (Biswal Bank) from 17.00 K.M. to 17.225 K.M.'. The other accused persons are the erst-while Assistant Engineer and the Contractor, who are stated to have since expired.3. It is pleaded on behalf of the petitioners t...
Pradeep Satapathy Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-30-2009
Reported in: 2009(II)OLR132
Pradip Mohanty, J.1. This criminal revision is directed against the order dated 18.07.2006 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. Case No. 1792 of 2005 refusing to summon witnesses and directing the petitioner to produce all his witnesses on the date fixed.2. The brief facts of the case are that the petitioner is the accused and opposite party No. 2 is the complainant in I.C.C. Case No. 1792 of 2005 pending in the Court of learned S.D.J.M., Bhubaneswar. The accused-petitioner appeared and the trial of the case was commenced. After examination of the complainant (P.W.1), two applications were filed on behalf of the petitioner on 18.07.2006, one for permitting the accused-petitioner to be a witness and the other petition was for summoning some official witnesses. After hearing the parties, the learned Magistrate by order dated 18.07.2006 allowed the prayer of the petitioner to examine himself as a defence witness, but rejected his second prayer for summoning the official w...
Nirvik Printers Private Limited and ors. Vs. Orissa Primary Education ...
Court: Orissa
Decided on: Apr-30-2009
Reported in: 108(2009)CLT308
B.P. Ray, J.1. In this writ application, the Petitioners have assailed and prayed to quash the order of the Opp. Party No. 1 State Project Director, Orissa Primary Education Programme Authority communicated in Letter No. 1973/MC/08, dated 10.3.2008, copy of which has been appended to the writ application as Annexure-, forfeiting the Petitioners' earnest money deposit of Rs.4,800 furnished in connection with order Nos. 319(3)/MC/08, dated 10.1.2008 and 441(3)/MC/08, dated 15.1.2008 for printing and supply of hand books for Village Education Committee (VEC) Training and blacklisting the Petitioner No. 1 - press/firm by debarring it from participating in any tender to the Orissa Primary Education Programme Authority, (in short, 'OPEPA').2. The Petitioner No. 1 is a printing press & the Petitioner No. 2 happens to be its Director. The case of the Petitioner is that by availing huge loan from Orissa State Financial Corporation, the Petitioner company was set up. The Opp. Party Nos.2 & 3 are...
Sri Sujit Kumar Giri Vs. Smt. Laxmipriya Manna @ Giri
Court: Orissa
Decided on: Apr-30-2009
Reported in: 2009(II)OLR198
M.M. Das, J.1. The petitioner (hereinafter referred to as 'the petitioner husband') was the opposite party in Misc. Case No.235 of 2003filed under Section 125 Cr.P.C. by the present opp. party (hereinafter referred, to as 'the wife') claiming maintenance from the petitioner-husband, before the learned S.D.J.M., Balasore. The wife (opposite party herein) alleged that she is the legally married wife of the petitioner-husband and the marriage was solemnized on 27.2.2001 as per Hindu rites and customs at her parent's house situated at Dubulagadi. After the marriage, she stayed in her matrimonial house located at Mansingh Bazar, Balasore. While residing in her matrimonial house, the parents of the writ petitioner-husband asked her to bring Rs. 30,000/- from her father for doing transport business, to which she did not agree. Thereafter, she has alleged that there was ill treatment by the petitioner - husband as well as the parents-in-law and even she was not allowed to go to her parents' ho...
Arjuna Charan Patra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-29-2009
Reported in: 108(2009)CLT490
B.P. Das, J.1. The Petitioners, fourteen in number, have filed this writ application with a prayer to direct the O.Ps. to regularise their services against the vacant posts, particularly Junior Stenographer & one Investigator & also other vacant posts available under the Puri Konark Development Authority (hereinafter called as 'PKD Authority') from the date of their engagement, without filling up the same from outside & with all consequential service & financial benefits.2.The facts, as delineated in the writ application, tend to reveal thus:Petitioner No. 1 having B.A. qualification with Stenography was appointed as DLR on 5.12.1990. Petitioner No. 2 having B.A., B.Ed., qualification was appointed on DLR basis to work as Clerk on 21.8.1990. Petitioner No. 3 having Matric qualification was appointed on DLR basis on 14.4 .1991. Petitioner No. 4 having Matric qualification was appointed as DLR on 22.3.1990. Petitioner No. 5 having I.A. qualification as DLR basis on 1.10.1994. Petitioner ...
Naju Mallik Vs. State of Orissa
Court: Orissa
Decided on: Apr-27-2009
Reported in: 108(2009)CLT40
L. Mohapatra, J.1. This appeal is directed against the Judgment and Order Dated 05.05.1999 passed by the Learned Additional Sessions Judge, Parlakhemundi in Sessions Case No. 1 of 1997 (Sessions Case No. 390 of 1996 (GDC)) convicting the Appellant for commission of an offence under Section 302 I.P.C. and sentencing him for imprisonment for life.2. The case of the prosecution as reveals from the F.I.R. is that on 24.3.1996 at about 7.00 A.M., while the deceased was standing at his verandah, the Appellant suddenly arrived and shot an arrow at the deceased which pierced into his belly and came out from the back side & thereafter, the Appellant fled away from the spot. The deceased fell down with bleeding injury & removed the arrow by breaking the same. He was removed to Mohana Hospital & succumbed to the injuries at about 9.30 P.M. On these allegations, the F.I.R. having been lodged by P.W.2, investigation was taken up & charge-sheet was submitted for commission of offence u/s. 302 of the...
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