Court : Orissa
Reported in : 2008CriLJ257
ORDERR.N. Biswal, J.1. The petitioners have sought for quashing of the criminal proceeding initiated against them in G.R. case No. 173 of 2005, arising out of Loisingha P.S. case No. 171 of 2005 pending on the file of J.M.F.C. Loisingha and the orders dated 3-1-2006 taking cognizance of the offence under Sections 379/411/120B/34 of IPC and issuing N.B. Ws. of arrest against them.2. Succinctly stated prosecution case is that on 25/26-10-2005 at about 1.30 a.m. while Ganesh Padhan, the Security Supervisor of 220 KV Grid Co. Tower line along with other security guards was engaged in patrolling duty, saw one trekker and one truck coming from village Kutarapalli towards village Sakma. On suspicion they detained both the vehicles, on the midway, between village Sakma and Kuturapalli. During this time 10 to 12 persons sitting in the truck jumped out of it and fled away in darkness. Similarly 3 to 4 persons sitting in the trekker took to their heels. Immediately the Security Supervisor and the...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR190
S.K. Mishra, J.1. Learned Addl. Standing Counsel receives notice on behalf of the State.Heard.Keeping in view the limited nature of the question involved, this Criminal Revision is disposed of at the stage of admission.A short question arises in this Revision. Should the Sessions Judge dismiss a criminal appeal for default or for non-prosecution?2. Petitioner was convicted for the offence under Section 47(a) of Bihar and Orissa Excise Act, 1915 and was sentenced to undergo simple imprisonment for two years and to pay fine of Rs. 5,000/-, in default, to undergo further simple imprisonment for six months in G.R. Case No. 118 of 2001 of the court of J.M.F.C, Baripada. Against such judgment of conviction, the appellant preferred an appeal before the learned Sessions Judge, Mayurbhanj at baripada. The Appeal was transferred to the Court of Addl. Sessions Judge, Baripada and numbered as Criminal Appeal No. 7/65 of 2008-07. The case was called for hearing on 16.09.2009, but the appellant was ...
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR888
M.M. Das, J.1. The petitioner is a private limited company incorporated under the provisions of the Companies Act, 1956 represented through its Managing Director - Abhishek Kar. The petitioner - company applied for a term loan and packing credit loan to the State Bank of India, Chhatrapur Branch. The bank authorities, being satisfied and after following due procedure, sanctioned credit facility on 13.7.2007 as per Annexure-2 to the petition.It is the case of the petitioner-company that while the petitioner-company was operating the said loan account and enjoying the credit facility, the Investigating Officer in Crime Branch P.S. Case No. 13 of 2007, corresponding to G.R. Case No. 2073 of 2007 pending before the Court of the learned S.D.J.M., Bhubaneswar, directed the State Bank of India, Chhatrapur Branch to stop operation of the loan account of the petitioner-company and accordingly, the petitioner-company has been prevented from operating the said loan account.2. This fact was intima...
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR995
ORDERPradip Mohanty, J.1. Heard Mr. Udgata, learned Counsel for the petitioner, and Mr. Dash, learnec Counsel for the opposite party.2. This revision is directed against the order dated 8.11.2007 passed by the learned S.D.J.M., Cuttack in I.C.C. Case No. 316 of 2002 rejecting the petition filed by the petitioner for dismissal of the complaint.3. At the outset, Mr. Udgata, learned Counsel for the petitioner, submits that during pendency of this criminal revision the parties have settled their dispute amicably out of the Court and on account of that the complainant-opposite party is no more interested to prosecute the complaint case.4. Mr. Dash, learned Counsel for the opposite party also admits the above fact and states that the matter has been settled outside the Court and the opposite party has already received Rs. 16,000/- in shape of a bank draft and, therefore, she is no more interested to prosecute the complaint case.5. A joint affidavit has been filed today sworn to by the petiti...
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ536
ORDERM.M. Das, J.1. This is the third time that the petitioner is before this Court in connection with G.R. Case No. 1344 of 2005 relating to Jharsuguda P.S. Case No. 413 of 2005 which is now pending before the Court of learned Addl. Sessions Judge, Jharsuguda in S.T. No. 24 of 2006.2. The co-accused-Bimal married to the daughter, namely, Manisha (hereinafter referred to as 'the deceased') of one Gajanand Agrawal, the informant. The marriage took place on 9-5-2005. Within five months of the marriage, the deceased was found dead in her bed-room in the matrimonial home on 1-10-2005. An information was lodged by said Gajanand Agrawal in the Jharsuguda Police Station alleging, inter alia, that the deceased was being tortured on account of demand of dowry, by her husband and other in-laws. The FIR, was registered under Sections 498A/302/304B/ 406/34, IPC read with Section 4 of the D.P. Act.3. The petitioner is the brother of the husband of the deceased. The husband of the deceased Bimal Kum...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR335
ORDERM.M. Das, J.1. Heard Mr. Routray, learned Counsel for the petitioner and Mr. Jena, learned Counsel for the opp.parties 2 and 3.2. The petitioner is the Principal of Angul Evening College, Angul. 49 regular students of the petitioner's college appeared at the +2 Annual Higher Secondary Examination, 2007.3. It is the case of the petitioner that there were no allegations whatsoeveras against any student, when they appeared in the said examination, from any body in the examination centre. Rather, the examination was conducted strictly in accordance with the rules prescribed by the Council. Though the result of the said examination was published on 8.6.2007, but the name of the petitioner's college did not find place and the result of the students of the said college was not declared. Finding thus, they moved before the Council to know the reason for not declaring the result.4. After about a month, a notification was issued on 4.7.2007 notifying that the examination in respect of Econo...
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR761
A.K. Ganguly, C.J.1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'said Act') for appointment of an Arbitrator.2. The Arbitration Clause is as follows:25. Procedure for Disputes:25.1. The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute.25.2. The Adjudicator shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will be final and binding.25.3. The arbitration shall be conducted in accordance with the arbitration procedur...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT271
L. Mohapatra, J.1. The Petitioners are the accused persons in I.C.C. No. 11 of 1993 pending before the Learned J.M.F.C, Aska. They have filed this application under Section 482, Cr.P.C. challenging the order dated 2.3.2002 passed by the Learned Additional Sessions Judge, Bhanjanagar-Aska in Criminal Revision No. 30 of 2002 dismissing the same and confirming the order of the Learned J.M.F.C., Aska dated 10.2.1995 framing charge for commission of offences under Sections 420 and 34 of the Indian Penal Code.2. The case of the Complainant-Opposite party No. 1 is that the Petitioner and two others are the Officers of the Public Welfare Department. An agreement was executed between the Complainant and the Petitioner for construction of a fair-weather road. In terms of the agreement, it is alleged that the Complainant executed the work. It is further alleged that on 26.12.1 990 the Petitioner called the Complainant and sought for help stating that unless the Complainant arranged Rs. 25,000/- t...
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR784
ORDERM.M. Das, J.1. Heard Mr. Dash, learned Counsel for the petitioner, Mr. Pattnaik learned Counsel for the opp.party No. 1 and the learned Counsel for the State.2. As Mr. Pattnaik has produced certified copies of the various orders passed by the Election Tribunal, I do not find it necessary to call for the lower Court records for verification of the same.3. The writ petitioner in this writ petition has called in question the judgment dated 25.7.2008 passed by the learned District Judge, Dhenkanal in F.A.O. No. 15 of 2007 confirming the judgment dated 21.6.2007 passed in Election Misc. Case No. 13 of 2007 by the learned Civil Judge, (Junior Division), Dhenkanal declaring the election of the petitioner as Sarpanch of Govindprasad Grama Panchayat as null and void and further declaring the opp.party No. 1 as Sarpanch.4. Bereft of unnecessary details, relevant facts for the purpose of disposal of the writ petition are as follows:The petitioner was the returned candidate as Sarpanch of the...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT376; 2007(I)OLR209
P.K. Mohanty, J.1. The Managing Committee of Sayeed Seminary, Nimasahi in the city of Cuttack and its Headmaster are the Writ Petitioners seeking for the relief of declaration that the Sayeed Seminary, a High School recognized by the Government of Orissa and the Board of Secondary Education, Orissa, was established and administered by the Muslim Community of the State and that of Cuttack city and as such comes within the purview of Section 2 of Orissa Education Act, 1969 and for quashing the Government Order dated 29.3.1995 refusing to declare the said institution as a Minority Community managed educational institution.2. Briefly stated Petitioners case is that, the Minority Community, the Muslims of Orissa and more particularly of Cuttack town being prevented by poverty and financial backwardness from continuing their education and/or academic career beyond primary classes felt the need for establishing a Minority Community institution for educational and social upliftment of the musl...
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