Orissa Court May 2010 Judgments
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Sk. Faiyaz. Vs. State of OrissA.
Court: Orissa
Decided on: May-05-2010
1. By the impugned judgment dated 28.02.2003 passed by the learned Sessions Judge-Cum-Special Judge, Ganjam-Gajapati, Berhampur in 2(a).C.C. No.1/2002(N), the appellants in both CRLA Nos.66 and 90 of 2003 have been convicted under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (for short the 'N.D.P.S. Act') and each of them has been directed to undergo rigorous imprisonment for twenty years and to pay fine of Rupees Two Lakhs, in default to undergo further period of rigorous imprisonment for five years.2. During the period of occurrence P.Ws.1 and 2 were working as Sub-Inspector and Constable of Excise respectively at Chatrapur. Prosecution case is that on 28.03.2002 P.W.1, while performing patrolling duty with other excise staff including P.W.2 on the National Highway No.5, stopped a white Maruti Van bearing registration No.DL-20-D-8972 moving towards Ganjam village from Chatrapur side on suspicion. The vehicle was being driven by the appellant in Criminal...
State of OrissA. Vs. Kunda @ Bhatua LakrA.
Court: Orissa
Decided on: May-05-2010
1. The learned Sessions Judge, Sundargarh having convicted the accused- opposite party under Section 302, IPC by judgment dated 12.11.2002 in Sessions Trial No. 201 of 1998 has made this reference under Section 318 Cr.P.C. for passing of necessary orders regarding imposition of sentence by this Court being of the view that the accused is unable to understand the proceedings.2. The case of the prosecution as unfolded during trial is that the accused-opposite party, a deaf and dumb, was residing with his father, mother, brother and sister-in-law at village Chandiposh. He used to loiter in the village and was avoiding any work for which his father was often becoming displeased with him. On the date of occurrence, i.e., 19.03.1998, a quarrel ensued between the accused and his deceased father on a flimsy ground. Consequently, the accused picked up a wooden plank (a piece of fire-wood) and mercilessly assaulted on the head, back, arms and body of his father causing severe bleeding injuries, ...
Prasant Kumar Bisoi. Vs. Tripati Bisoi and ors.
Court: Orissa
Decided on: May-05-2010
1. In this writ petition, the petitioner challenges the judgment dated 25.03.2008 passed by the learned District Judge, Koraput, Jeypore in Election Appeal No.5 of 2007 confirming the judgment dated 6.8.2007 passed by the learned Civil Judge (Senior Division), Jeypore, Koraput in Election Petition No.15 of 2007.2. As per the notification of the State Election Commissioner, election for member of Panchayat Samiti of Kusumi Gram Panchayat was scheduled to be held on 21.02.2007. The petitioner and two others contested for the office of Panchayat Samiti Member on the scheduled date and the writ petitioner own the election. Tripati Bisoi, one of the contestants filed Election Petition No.15 of 2007 before the court of learned Civil Judge (Senior Division), Jeypore, Koraput challenging the election of the returned candidate on several grounds including the ground that the returned candidate was disqualified for becoming a member of Panchayat Samiti and continuing as such since he committed m...
The Executive Engineer, Badanala Irrigation Division, Kenduguda, Dist. ...
Court: Orissa
Decided on: May-05-2010
1. In this writ petition the employer has assailed the legality of the award dated 26.6.2000 passed by the learned Presiding Officer, Labour Court, Jeypore (for short 'the Labour Court') in I.D. Case No.74 of 1999 directing reinstatement of the opposite party no.1-workman as N.M.R. Mate within three months from the date from which the award becomes enforceable failing which the workman has been held to be entitled to get full back wages from that date.2. The impugned award was passed in adjudicating the following reference made under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947 (for short 'the Act'): "Whether the action of the Executive Engineer, Badanala Irrigation Vision, Kenduguda, Dist. Rayagada in terminating the services of Sri Ratnakar Sahu, Ex-N.M.R. Mate with effect from 11.2.87 is legal and/or justified if not, what relief Sri Ratnakar Sahu is entitled to ?"3. The workman's case, in brief, is that he was engaged as N.M.R. in different Sub-divisi...
Dusmanta Ku. Sahoo and ors. Vs. Raj Kishore Sahoo and ors.
Court: Orissa
Decided on: May-05-2010
1. In this writ application, the petitioners have challenged the order dated 31.10.2007 passed by the learned Ad hoc Addl. District Judge, Fast Track Court No.I, Cuttack in F.A.O. No.98 of 2007 confirming the order dated 27.6.2007 passed by the learned Civil Judge (Junior Division), 1st Court, Cuttack in C.M.A. No.92 of 2007 (arising out of T.S. No.187 of 2001).2. The facts as narrated in the writ application are as follows: The petitioners as plaintiffs filed T.S. No.187 of 2007 before the learned Civil Judge (Junior Division), 1st Court, Cuttack seeking permanent injunction and mandatory injunction in respect of 'B' schedule property, its demarcation, declaration of their title by way of prescription in respect of 'C' schedule property and other consequential relief against the defendants- opposite parties. 'A' schedule property consists of Hal Plot No.844 measuring Ac.0.047 decs, Hal Plot No.842 measuring Ac.0.026 decs., Hal Plot No.841 measuring Ac.0.020 decs. and Hal Plot No.911 m...
Union of IndiA. Vs. Hadibandhu BeherA.
Court: Orissa
Decided on: May-04-2010
1. The Union of India has filed this writ application assailing the order passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.22 of 2004. This Original Application was disposed of by the learned Tribunal by order dated 16.11.2005 by which the learned Tribunal has quashed the order of punishment dated 31.10.2003 passed by the Under Secretary to the Government of India, Ministry of Communications & Information Technology, Department of Telecommunications and the consequential report of the Inquiring Officer and the charges.2. The fact giving rise to filing of O.A. No.22 of 2004 before the Tribunal was that the opposite party retired from service as Telecom District Engineer, (in short "T.D.E."), Rourkela in the month of July, 1991. After retirement, a charge sheet dated 31.8.1994 was issued under Rule 9 of CCS (Pension) Rules, 1972. The gist of the allegation in the charge sheet was that while the opposite party was functioning as T.D.E. during the pe...
Gopal Choudhury. Vs. State of OrissA.
Court: Orissa
Decided on: May-04-2010
1. The appellant has filed this appeal challenging the judgment and order of conviction dated 28.2.2001 passed in Sessions Trial Case No. 28/19 of 1999 on the file of Addl. District & Sessions Judge, Rourkela. The learned Additional Sessions Judge in the impugned judgment held the appellant guilty of the charge U/s. 302 I.P.C. and sentenced him to undergo punishment of imprisonment for life.2. The prosecution case in brief is that on 18.6.1998 the deceased Namita Padhi married to the accused-appellant in the Laxminarayan temple of Sector-14, Rourkela. It was an arranged marriage. In the marriage the appellant and his family members demanded scooter, gold ring and gold chain or instead of scooter Rs.20,000/- as cash for purchase of the scooter and the informant, the father of the deceased paid Rs.15,000/- and promised to pay the rest amount later. On 18.6.1998 being Thursday, the informant did not allow his daughter to go her husband's house. On the next day i.e. on 19.6.1998 deceased N...
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