Orissa Court April 2009 Judgments
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Sanyasi Palasi @ Sania Vs. State of Orissa
Court: Orissa
Decided on: Apr-21-2009
Reported in: 108(2009)CLT109
Pradip Mohanty, J.1. The Appellant has been convicted for commission of offence under Section 302 I.P.C and sentenced to imprisonment for life by the Sessions Judge, Koraput-Malkangiri-Rayagada-Nabarangpur at Jeypore, in Sessions Case No. 142 of 1996.2. The case of the prosecution is that on 04.01.1996 a pig belonging to the accused-Appellant entered into the bari (back-yard) of the deceased and damaged the vegetable plants. The deceased shot an arrow at the pig and the pig ran away. On that day at about 8 P.M. while the deceased was sitting on a cot lying on the outer-verandah along with his wife, the accused-Appellant came and dragged the deceased by holding his hand. In the process, he took him to the back side of his house and gave a blow by a knife to his chest. The wife of the deceased, who was coming behind them, saw the incident. The deceased brought out the knife from the wound but succumbed to injury. The wife of the deceased went to the Head-man of the village and narrated t...
Arabinda Dhali Vs. Principal Secretary to Government of India, Ministr ...
Court: Orissa
Decided on: Apr-21-2009
Reported in: 2009(II)OLR37
I.M. Quddusi, J.1. This writ petition has been filed with a prayer for Issuance of a writ in the nature of mandamus directing the opposite party Nos. 4 and 5, i.e. the Director General of Police, Orissa and the Inspector General of Police, Orissa to restore 'Z' category security coverage to the petitioner and communicate their decision to opposite party No. 1.2. The facts of the case are that the petitioner is a political personality and a resident of M.V.55, P.O. Chitrangapali in the district of Malkangiri. He was elected as M.L.A., Malkangiri Assembly Constituency from 1995 to 1999 and was also a Cabinet Minister from May, 2000 to 2004. Now he is the General Secretary of Samajbadi Party and is looking after the organizational affairs of the party in the State of Orissa. After deployment of C.R.P.F. in Malkangiri district to combat the Naxal menace, the Naxals have targeted the petitioner thinking that he is instrumental in deployment of C.R.P.F. and time and again tried to do away wi...
Basant Kumar Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-21-2009
Reported in: 108(2009)CLT494
B.P. Das, J.1. The Petitioner, on being selected by the Selection Committee headed by the Secretary to the Govt. of Orissa in Tourism Department-Opposite Party No. 1, was, appointed as Financial Controller-cum-Secretary in the Orissa Tourism Development Corporation (hereinafter Corporation) by Order Dated 29.08.1988 (Annexure-1). The Petitioner after serving the Corporation for more than fifteen years was terminated from service by the Order Dated 30.06.2003 (Annexure-2) passed by the Managing Director of the Corporation-Opposite Party No. 2. Aggrieved by the said order of termination, the Petitioner on 08.07.2003 filed an appeal before the Chairman of the Corporation-Opposite Party No. 3. Since the Chairman did not dispose of the appeal, the Petitioner approached this Court in a writ application bearing W.P.(C) No. 3321 of 2004, which was disposed of on 23.11.2004 with a direction to the Opposite Parties to dispose of the appeal filed by the Petitioner within a period of two months fr...
Kinkar Prasad Mandal Vs. State of Orissa
Court: Orissa
Decided on: Apr-20-2009
Reported in: 2009(II)OLR44
B.K. Patel, J.1. Criminal Appeal No. 73 of 1997(195/96-GDC) preferred against the judgment and order dated 18.8.1996 passed by the learned S.D.J.M., Berhampur in 2(c) C.C. No. 167 of 1994 (T.R. No. 588 of 1994) convicting him under Section 16(1-A)(i) of the Prevention of Food Adulteration Act, 1955 (for short, 'the Act') and sentencing to undergo R.I. for one year and to pay fine of Rs. 2000/-, in default to undergo R.I. for three months, having been dismissed by the learned Additional Sessions Judge, Berhampur, the petitioner has preferred this revision.2. Prosecution case in brief is as follows:The petitioner was running a sweet meat shop in the name and style of 'M/s. Mukla Sweets' on the Janana Hospital Road, Berhampur. On 19.5.1993 P.W.1 Food Inspector of Berhampur Municipality went for inspection to the shop along with P.W.2 his Office Peon. The petitioner was engaged in selling food articles like Rasgola, Golapjamun and Raskadam etc. for human consumption. On verification, the p...
Smt. Namita Subudhi Vs. Union of India (Uoi) and 7 ors.
Court: Orissa
Decided on: Apr-20-2009
Reported in: 2009(II)OLR156
B.S. Chauhan, C.J.1. This writ petition has been filed for quashing the punishment order dated 25.11.2005 (Annex-18) passed by the Disciplinary Authority removing her from service and the order of the appellate authority dated 5.5.2006 (Annexure-20) rejecting the appeal against the said order.2. The facts and circumstances giving rise to the case are that the petitioner who had been serving as a Lady Constable in the Railway Protection Force, Bhubaneswar was given the charge sheet under Rule 153 of Railway Protection Force Rules, 1987 for gross negligence of duty and disobedience of lawful order of superior officers.3. The charge against the petitioner had been that she had remained under medical treatment and thus on medical leave for one year. After expiry of the said period, she had gone through the medical examination and it was found that she was suffering from psychotic features with mental disability and required adequate treatment. Subsequently, Chief Medical Officer examined h...
Bishnu Mohan Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Apr-17-2009
Reported in: 2009(II)OLR51
I. Mahanty, J.1. In the present application under Section 482 Cr.P.C., challenge has been made to an order of cognizance dated 6.1.2004 passed by the learned J.M.F.C., Basudevpur in G.R. Case No. 184 of 2003, whereby, cognizance against the petitioner was taken under Sections 488, 427, 506 & 201 I.P.C.2. The petitioner is a practising advocate of the Bhadrak Bar Association and was appointed as Assistant Public Prosecutor in Bhadrak District since July 2001. From the pleadings of the case, it appears that one Sk. Barsat Ahamed, Office Peon attached to the Court of J.M.F.C., Basudevpur submitted a report against the petitioner on 27.9.2003 which was forwarded by the learned J.M.F.C. to Basudevpur Police Station, on the basis of which Basudevpur P.S. Case No. 128 of 2003 was registered.3. Sri Sahoo, learned Counsel for the petitioner, inter alia, contended that on a plain reading of the entire F.I.R. and the charge-sheet as well as the evidence collected by the Investigating Officer, no ...
Chinar Jawaharlal Patro Vs. State of Orissa (G.A. Department)
Court: Orissa
Decided on: Apr-17-2009
Reported in: 2009CriLJ3881; 2009(II)OLR135
Indrajit Mahanty, J.1. In the present revision application the petitioner has sought for quashing of an order dated 5.4.2008 passed by the Special Judge (Vigilance), Cuttack in T.R. Case No. 119 of 2007/V.Gr.122 of 1999, by which, a petition filed by the Special Public Prosecutor (Vigilance), Cuttack under Section 319 Cr.P.C. came to be allowed and the learned Special Judge came to a finding that, a prima facie case under, Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act having been found against the petitioner (who. was then working as Motor Vehicle Inspector, Cuttack) can be tried together with the co-accused in the pending trial and accordingly, directed for the issue of summons against the petitioner.2. Mr. Mund, learned Counsel for the petitioner submitted that the petitioner had been posted as Motor Vehicle Inspector at Cuttack in the year 1997. One Md. Siddique submitted a written report on 9.12.1997 before the S.P. (Vigilance), Cuttack to the effe...
BipIn Bihari Nag Vs. State of Orissa
Court: Orissa
Decided on: Apr-17-2009
Reported in: 2009CriLJ3610
Pradip Mohanty, J.1. Aggrieved by the judgment and order dated 8-8-1997 passed by the learned Addl. Sessions Judge, Titilagarh convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life in S. C. No. 94/24 of 1996, the appellant has preferred this appeal.2. The prosecution case is that on 21-3-1996 at about 6.30 a.m. in village Deng near Adivasi Colony, the accused seeing the deceased plucking of Mahua from his tree, protested against the same. There was exchange of hot words between them in course of which the accused by means of an axe assaulted the deceased who succumbed to the injuries. The accused surrendered at Sainthala P. S. by giving information about commission of the offence. The Officer-in-charge, Sainthala P. S. rushed to the spot, drew up plain paper FIR ad took up investigation. Ultimately, final form was submitted by the C. I. of Police, Titilagarh P. S. under Section 302, IPC.3. The plea of the defence was complete denial of the ...
National Aluminium Company Ltd., Bbsr Vs. Commissioner of Sales Tax an ...
Court: Orissa
Decided on: Apr-16-2009
Reported in: 108(2009)CLT446; (2009)25VST404(Orissa)
B.N. Mahapatra, J.1. This Writ Petition has been filed for quashing of a part of the assessment order which relates to disallowance of deduction claimed by the Petitioner on the basis of declaration Form No. 1-D(96) issued by Opposite Party No. 5-Rishab Electricals Pvt. Ltd.(for short, 'REPL') against the sale made to it on the ground that such action of the assessing officer is contrary to law.2. The facts & circumstances giving rise to this case are that the Petitioner-company is a Government of India Company registered under the Companies Act, 1956 & under the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the OST Act') having its refinery & alumina plant at Angul. The Petitioner-company is engaged in the business of manufacture & sale of aluminum ingots, wire rods, billets, etc. During the year under consideration, i.e., 2002-03, the Petitioner sold wire rods worth Rs. 31,58,39028.51 p. to M/s. REPL against the statutory declaration Form No. 1 -D(96) issued by it claiming ...
Satyananda Barik and ors. Vs. Anilai Dei and anr.
Court: Orissa
Decided on: Apr-16-2009
Reported in: 108(2009)CLT662
A.S. Naidu, J. 1. The Judgment & decree dated 22.3.1999 passed by the Learned District Judge, Keonjhar in T.A No. 29 of 1993 reversing the Judgment & decree dated 16.1.1993 passed by the Learned the then Sub- ordinate Judge, Keonjhar in T.S No. 3 of 1988, is assailed in this Second Appeal filed by Defendants of the said suit.2. Respondent No. 1, as Plaintiff, filed T.S No. 3 of 1988 praying for declaration of her right, title & interest over the suit 'C & C-1' schedule of lands for confirmation of possession & in the alternative for recovery of possession & for permanent injunction restraining the Defendants from interfering & disturbing in her possession over the suit scheduled lands & also for declaration that the alienation of 'D' schedule lands made in favour of Defendant No. 1(f) by Defendant No. 1 (a) is invalid.3. One Panu Barik was originally the sole Defendant. After his death the present Appellants were substituted as his legal heirs & successors. Bereft of unnecessary detail...
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