Orissa Court January 2010 Judgments

Sri Saroj Kumar Tripathy Vs. Collector and ors.

Court: Orissa

Reported in: 2010(I)OLR446

ORDERR.N. Biswal, J.1. Heard learned Counsel for the petitioner and learned Addl. Government Advocate for the opposite parties.2. The petitioner challenges order No. 897/CS dated 19.6.2009 passed by the Collector, Sambalpur wherein he had suspended the Sub-wholesaler licence in respect of Kerosene Oil of the petitioner and tagged his quota to M/s. Sharma Trading Company Kerosene Oil wholesaler, Rairakhol under Annexure-2.3. Learned Counsel for the petitioner submits that in the impugned order there is nothing to show that the Collector, Sambalpur was satisfied that it was not in the interest of the smooth operation of the Public Distribution System to allow the petitioner to handle P.D.S. stock. So, the order cannot stand. He further submits that licence of the petitioner was renewed upto 30.9.2009 but it was suspended on 19.6.2009. Had it not been suspended, he would have worked as a Sub-wholesaler for two months and thirteen days more. Moreover, learned Counsel for the petitioner sub...

Nrusingha Nath Mishra Vs. Republic of India

Court: Orissa

Reported in: 2010(I)OLR934

M.M. Das, J.1. This application under Section 482 Cr.P.C. has been filed by the petitioner seeking quashing of the order dated 7.8.2003 passed by the Special C.J.M. (CBI), Bhubaneswar in SPE No. 8 of 2003 arising out of R.C. Case No. 29 (A) of 2001. By the said order, the learned C.J:M. took cognizance of the offence under Sections 420/120-B I.P.C. against the petitioner and the co-accused, namely, S-hri Prabir Kumar Acharya. An F.I.R. was registered, being drawn up by one Arun Kumar Mohapatra, Inspector, C.B.I., Bhubaneswar, under Sections 420/120-B IPC and Section 13(2) read with 13(1)(d) of the P.C. Act, 1988 against the petitioner, Shri Prabir Kumar Acharya and one Beni Madhab Dwivedi, Senior Divisional Manager, New India Assurance Company Ltd., Cuttack. It was recorded in the F.I.R. that information has been received from a reliable source to the effect that Shri Beni Madhab Dwivedi, while functioning as the Divisional Manager, New India Assurance Company Ltd. entered into a crimi...

Anupama Behera and ors. Vs. Divisional Manager, L.i.C. of India and an ...

Court: Orissa

Reported in: 2010(I)OLR534

S.C. Parija, J.1. The action of the Life Insurance Corporation of India (for short 'LLC.') in repudiating all its liabilities under Policy Nos. 583852302, 583851466 and 583707315, on the ground that the deceased insured had withheld material information regarding his health at the time of effecting the insurance policies with L.I.C., is under challenge by the legal heirs of the insured in the present writ petition.2. The brief facts of the case as narrated in the writ petition is that the insured Pramod Kumar Behera was working in Deulabera Colliery under Mahanadi Coalfields Ltd. and during his service period, he had taken six insurance policies bearing Nos. 581483762, 581487043, 581488222, 583707315, 583851466 and 583852302. The insured Pramod Kumar Behera died on 18.6.2004 due to heart failure. After the death of the insured, the wife (petitioner No. 1) made claims in respect of the aforesaid policies. The LIC, while settling the claim and releasing the assured amount in respect of t...

Rabindra Kumar Das and ors. Vs. the Commissioner, Settlement and Conso ...

Court: Orissa

Reported in: 109(2010)CLT639

A.S. Naidu, J.1. The Petitioners, who claim to be the inhabitants of village Balabudhi in the district of Balasore, have filed this Writ Petition challenging/inter alia, the Order Dated December 29, 2005 passed by the Commissioner, Settlement & Consolidation, Bhubaneswar in Consolidation Revision No. 498 of 2003 dismissing the said revision & thereby confirming the Order Dated 23.9.2002 passed by the Deputy Director, Consolidation, Opp. Party No. 3 in Remand Appeal No. 5 of 2001. By the said orders, the Consolidation authorities had directed to record the suit land in favour of Opp. Party No. 4. 2. Bereft of unnecessary details, the short facts which may be necessary for effectual appreciation of the inter se disputes are as follows: The disputed land, as it appears from the pleadings was an Anabadi land of ex-intermediary Sri Manmatha Nath Dev & Manoranjan Dev. Bhagaban Behera, the predecessor in interest of Opp. Party No. 4, it appears was inducted as a tenant in respect of an area o...

Bhuklu @ Manga MundA. Vs. State of OrissA.Mr. A. Mohanty

Court: Orissa

1. This jail criminal appeal is directed against the judgment of conviction and order of sentence dated 22.01.2000 passed by the learned Additional Sessions Judge, Rourkela in S.T. Case No.31/7 of 1998 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for one month more.2. The case of the prosecution as unfolded during trial is that on 05.09.1997 the appellant enquired from his wife (P.W.2) about the parentage of her seven months old last daughter (deceased). His wife replied that, she was his daughter. The appellant got angry, snatched away the deceased from P.W.2, killed her by a tangia and put her dead body in an earthen pot. The further case of the prosecution is that, deceased was born when the appellant was detained in jail custody in connection with a case. So the appellant was suspecting her parentage and was quarrelling with his wife. The matter was repo...

Duryodhan PatrA. Vs. State of OrissA.

Court: Orissa

1. Calling in question the correctness of the common judgment and order dated 31.03.1999 passed by the learned Special Judge (Vigilance), Sambalpur in T.R. Case Nos.26, 27, 28, 29, 30 and 31 of 1988, this appeal has been preferred by the appellant, who has been convicted for commission of offences punishable under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for short 'the P.C. Act') as well as under Section 409 and 468 of the Indian Penal Code (for short 'the I.P.C.'), in the trial on consolidation of aforenoted T.R. Cases. The appellant has been sentenced to undergo R.I. for one year and to pay a fine of Rs.1,000/- in default to undergo R.I. for one month under Section 5(1)(c) read with Section 5(2) of the P.C. Act, R.I. for two years and to pay a fine of Rs.1,000/- in default to undergo R.I. for one month under Section 409 of the I.P.C. and R.I. for one year and to pay a fine of Rs.500/- in default to undergo R.I. for six months under Section 468...

Brusasan Nayak Vs. State of Orissa and Two ors.

Court: Orissa

Reported in: 109(2010)CLT732,2010(I)OLR627

ORDER1. Heard Mr. J. Rath, learned senior counsel for the petitioner and learned Counsel for the State.2. The petitioner has filed this writ petition challenging the order dated 5.1.2009 passed by the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No. 683(C)/2001.3. The case of the petitioner before the Tribunal that he was appointed as an Assistant Teacher by the erstwhile Managing Committee of Kothar High School Kothar in the district of Balasore vide their resolution dated 17.5.1953 and joined in that school as an Assistant Teacher on 17.5.1953. While continuing as an Assistant Teacher of that school, he was directed by the Managing Committee to remain in charge of Headmaster of that school with effect from 20.7.1954 and was promoted to the rank of Headmaster from 1.8.1956 and discharges is duty as Headmaster till 20.11.1961 in the said school. By that time, Kothar High School, Kothar, was an Aided Educational Institution. Thereafter, the applicant was appointed as an Assist...

Pramod Kumar Bastia Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR688

Indrajit Mohanty, J.1. In this application under Section 482 Cr.P.C, the petitioner has sought for quashing of the criminal proceeding in G.R. Case No. 819 of 1992, arising out of Jagatsinghur P.S. Case No. 381 of 1992 pending before the learned S.D.J.M., Jagatsinghpur for the offence under Section 376 I.P.C.2. Learned Counsel appearing for the petitioner submits that while the alleged offence took place in the year 1992, in the meantime, the informant Krushna Chandra Nayak has expired for which reason the prosecution would measurably fail to prove the allegations against the petitioner and further, in the meantime also the victim-Sarala Nayak has got married to some other person and does not want to proceed with the case in view of the compromise reached between the parties and therefore, the criminal proceeding pending against the petitioner may be quashed.In support of his contention, learned Counsel for the petitioner placed reliance on a decision of this Court in the case of Sri A...

Dasaru Kisan. Vs. State of OrissA.

Court: Orissa

1. This appeal from jail has been preferred by the appellant aggrieved by the judgment and order dated 07.01.2000 passed by the learned Sessions Judge, Sambalpur in S.T. No.2 of 1999 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.1,000/- in default to undergo imprisonment for two months more.2. The case of the prosecution is that the accused himself, the informant (P.W.2) and the deceased are three brothers. The accused had previous land dispute with the deceased. On 07.07.1998 in the evening, while the deceased was present in his house in village Barhamundi, the accused-appellant called him uttering his name, whereupon the deceased came out of the house. After sometime, the wife of the deceased (P.W.4) and the mother of the deceased (since dead) heard the cry of the deceased, rushed to the spot and found the deceased lying with bleeding injury on his left side chest. He was holding an axe, which he had snatched away from ...

Pramod Kumar BastiA. Vs. State of OrissA.

Court: Orissa

1. In this application under section 482 Cr.P.C., the petitioner has sought for quashing of the criminal proceeding in G.R. Case No.819 of 1992, arising out of Jagatsinghpur P.S. Case No.381 of 1992 pending before the learned S.D.J.M., Jagatsinghpur for the offence under section 376 I.P.C..2. Learned counsel appearing for the petitioner submits that while the alleged offence took place in the year 1992, in the meantime, the informant- Krushna Chandra Nayak has expired for which reason the prosecution would measurably fail to prove the allegations against the petitioner and further, in the meantime also the victim-Sarala Nayak has got married to some other person and does not want to proceed with the case in view of the compromise reached between the parties and therefore, the criminal proceeding pending against the petitioner may be quashed.In support of his contention, learned counsel for the petitioner placed reliance on a decision of this Court in the case of Sri Ajaya Dalua Vrs. St...