Orissa Court January 2010 Judgments

Dhani @ Sanjiba BeherA. Vs. State of OrissA.

Court: Orissa

1. Heard the petitioner has been implicated in the offence punishable under Sections 20(b) (ii) (c) and 25 of the N.D.P.S. Act, on the basis of allegation that he along with some other co-accused persons were found in possession of 23 Kgs. Of ganja, which is of commercial quantity according to the Notification issued by the appropriate Government.2. The present petitioner has earlier moved this Court for bail. While rejecting the prayer for bail, this Court had directed the trial court to complete the trial expeditiously within four months, as submitted by Mr.Bijan Ray, learned senior counsel appearing for the petitioner. That order was passed on 07.07.2009 and, according to Mr.Ray, trial in the case has not yet been completed.3. A report, therefore, was called for from the Trial Court. Learned Trial Court has reported that the order dated 07.07.2009 passed in BLAPL. No.591 of 2009 having not been communicated, the trial could not be taken up and completed as per the direction.4. Mr. B...

Biswanath Sabar. Vs. State of OrissA.

Court: Orissa

1. The appellant has assailed the judgment and order dated 15.04.1999 passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in S.C. No. 188 of 1998 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.2. Case of the prosecution is that on 31.01.1998 the goats of appellant's family had damaged the 'mung' crop of the deceased. In the evening, the deceased and Sankar Sabar, brother of the appellant, were quarreling with each other near a tamarind tree situated adjacent to the house of the appellant over that issue. At that time, the appellant was carrying utensils for a fest to be given by one kailash Sahoo. Seeing the two (deceased and Sankar) quarrelling, he entered inside his house, brought out an axe, challenged the deceased and dealt a blow with that axe on his left shoulder. When appellant dealt the second blow with the axe he held, the deceased raised his left hand to ward off and in the process received injury on his left hand. There...

Executive Engineer (Ele), Puri Electrical Division and ors. Vs. Prasan ...

Court: Orissa

Reported in: 109(2010)CLT643

A.S. Naidu, J.1. The Judgment & award dated 27.7.2001 passed by the Learned Addl. Civil Judge (Senior Division), Puri in Money Suit No. 5/313 of 2001/95 is assailed in this appeal by the Appellants who were Defendants in the Court below. 2. Bereft of unnecessary details the short facts, which are necessary for appreciating the inter se dispute are as follows. On 04.12.1992 at about 3.30 P.M the Plaintiff-Respondent No. 1 was going to his paddy field, on the way, he came in contact with a 33 K.V live electric wire, which was snapped from the electric pole & was hanging near the ground. Consequently, he received heavy electric shock. Due to the shock his face was partially burnt, his skull was damaged & his fingers as well as veins were burnt. He also lost the eyesight of both his eyes. It appears that due to their injuries in his brain his normal behaviour was affected & he has become a crippled man & is unable to do any work to earn his livelihood. He became senseless & was tying at th...

Sk. Ibrahim Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT388,2010(I)OLR716

B.K. Nayak, J.1. In this writ application the Petitioner prays to quash the order of confiscation of his vehicle under Annexure-1 passed by the Authorised Officer-cum-A.C.F., Angul Forest Division, Angul in C.P. Case No. 5 of 2005-06 & also the Appellate order under Annexure-2 passed by the Learned District Judge, Dhenkanal in FAO No. 7 of 2006 confirming such confiscation order.2. The facts of the case are that on 8.5.2005, the Forester, Panchamahala Forest Check Gate & his staff detected a Tata Sumo vehicle bearing registration number plate OR-02-J/9891 at 12.30 A.M. that was carrying 93 bundles of kendu leaves unauthorisedly. The three occupants of the said vehicle including the driver having failed to produce any document of authority regarding such transportation, the vehicle along with kendu leaves were seized & brought to the forest rest house, Angul. Further enquiry revealed that the kendu leaves were being transported from Kishorenagar area of Angul to Balijhari in the distric...

Sri Jeyaram Educational Trust and ors. Vs. A.G. Syed Mohideen and ors.

Court: Orissa

Reported in: 2010(I)OLR838

R.V. Raveendran, J.1. Leave granted. Heard learned Counsel for the appellants and respondents. We have also heard the learned Counsel for the State of Tamil Nadu and Registrar General of the Madras High Court to whom notices had been issued in regard to the interpretation of Section 92 of the Code of Civil Procedure ('Code' for short), with reference to the State Government Notification No. GOM No. 727 dated 8.3.1960.2. The respondents instituted a suit (OS No. 13 of 2006) on the file of the Principal District Judge, Cuddalore against the appellants under Section 92 of Code, seeking a direction to the second appellant to repay all the amounts spent by him after 20.6.2005 contrary to the terms of the supplementary deed of Trust, and also to convene the Trust meeting for approval of the income and expenditure and other consequential reliefs.3. Appellants 2 to 4 herein filed a memo before the District Court stating that having regard to the decision of the Madras High Court in P. S. Subra...

Sarat Chandra Sahoo. Vs. State of OrissA.

Court: Orissa

1. This Jail Criminal Appeal is directed against the judgment and order dated 12.09.2000 passed by the learned Additional Sessions Judge, Angul in S.T. No.38-A of 1995/10 of 1998 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.2. Case of the prosecution is that on 03.01.1995 at about 1.45 P.M. the deceased was going with her brother to the school. On the way, the accused-appellant chased them and while running away the deceased fell down. The accused-appellant caught hold of her, assaulted her, made her naked and ultimately threw her into the well. Getting information, the father of the deceased reached at the well, but he failed to save her daughter. Then fire brigade came and brought out the dead body of the deceased from the well. The police on being reported registered a case, took up investigation and after its closure filed charge sheet against the accused-appellant under section 302, IPC.3. Plea of the accused is of complete de...

Sk.ibrahim. Vs. State of Orissa and ors.

Court: Orissa

1. In this writ application the petitioner prays to quash the order of confiscation of his vehicle under Annexure-1 passed by the Authorized Officer-cum-A.C.F., Angul Forest Division, Angul in C.P. Case No.5 of 2005-06 and also the appellate order under Annexure-2 passed by the learned District Judge, Dhenkanal in FAO No.7 of 2006 confirming such confiscation order.2. The facts of the case are that on 08.05.2005, the Forester, Panchamahala Forest Check Gate and his staff detected a Tata Sumo vehicle bearing registration number plate OR-02-J/9891 at 12.30 A.M. that was carrying 93 bundles of kendu leaves unauthorized. The three occupants of the said vehicle including the driver having failed to produce any document of authority regarding such transportation, the vehicle along with kendu leaves were seized and brought to the forest rest house, Angul. Further enquiry revealed that the kendu leaves were being transported from Kishorenagar area of Angul to Balijhari in the district of Cutta...

Subash Samal. Vs. State of OrissA.

Court: Orissa

1. This Jail Criminal Appeal is directed against the judgment and order dated 5.12.2000 passed by the learned Sessions Judge, Khurda at Bhubaneswar in S.T. Case No. 21 of 2000 convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.2. The case of the prosecution is that in the night of 15/16.04.1999 the deceased and his wife (P.W.1) slept on the verandah of their house, as they were cementing the floor, and their son (P.W.2) slept in the house of their daughter. In the midnight, the accused came to the house of the deceased wearing a black trouser (M.O.II) and a red 'T' shirt (M.O.III) holding a cricket bat (M.O.I) and woke them up. The appellant informed them to have broken their cabin and took the deceased towards the cabin by dragging him. Some time thereafter, the appellant alone came to the house of the deceased holding the cricket bat (M.O.I) and asked P.W.1 to follow him to her husband. As P.W.1 declined to accompany him, the appella...

Niranjan Sahoo Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR653

ORDERB.K. Nayak, J.1. This the second journey of the petitioner to this Court seeking anticipatory bail under Section 438, Cr.P.C. in connection with Nayagarh Sadar P.S. Case No. 32 of 2009 corresponding to G.R. Case No. 393 of 2009 pending on the file of learned S.D.J.M., Nayagarh for alleged commission of offences under Sections 341/294/323/324/ 325/307/379/34 of the Indian Penal Code.2. Earlier the petitioner and Anr. co-accused, namely, Sanjaya Sahoo filed application in this Court for anticipatory bail in BLAPL No. 12849 of 2009 in connection with the very same Nayagarh Sadar P.S. Case No. 32 of 2009. In the said bail application, the present petitioner figures as petitioner No. 1 Upon hearing, a co-ordinate Bench of this Court passed order in that bail application on 28.08.2009 granting anticipatory bail to co-accused-Sanjaya Sahoo, but rejected the prayer for anticipatory bail of the present petitioner. The relevant portion of the said order in so far as it relates to the presen...

Pramod Pradhan. Vs. State of OrissA.

Court: Orissa

1. The appellant has assailed the judgment and order dated 29.11.1999 passed by the learned Sessions Judge, Dhenkanal-Angul, Dhenkanal in S.T. No. 32D of 1997 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The case of the prosecution, as narrated in the FIR, is that in the night of 07.01.1997 all the inmates of the house of the informant having taken their night food went to sleep at about 10.00 PM. The deceased along with his wife slept inside the paddy husking room (Dhinkisal) by the side of the fire that was lit in the room to scare away the January winter cold. The accused, who is the brother of the deceased and had been residing in village Baladiabandha 8 to 9 months ago, had come to the village on 06.01.1997 and was staying in the house of the deceased. To warm up himself, the accused sat by the side of the said fire. In the night at about 3.00 AM P.W.2, the wife of the deceased, shouted that the accused assaulted the deceased on his ...