Court : Orissa
Decided on : Feb-04-1993
Reported in : 1993CriLJ2507
ORDERS.C. Mohapatra, J.1. Accused in proceedings in the court of the Special Judge, Bhubaneswar, for his trial along with two others under Section 13(2) read with Section 13(1) (c) and (d) of the Prevention of Corruption Act, 1988 and under Sections 120-B, 409, 467 and 471 of Indian Penal Code, is petitioner against the order refusing to discharge the accused on account of inordinate delay by the investigating agency to file the charge-sheet.2. During the period between 11-6-1970 and 30-4-1971, petitioner was an Executive Engineer. On receipt of information that during that period petitioner along with others received bank drafts and cash and transacted with them without proper scrutiny and recorded the same in the cash book maintained in the Division Office intentionally conspiring to commit the offences alleged, vigilance staff investigated into the incident. Charge-sheets having been submitted, cognizance was taken by the learned Special Judge. Petitioner approached this Court for e...
Tag this Judgment!Court : Orissa
Decided on : Aug-31-1993
Reported in : 1993(II)OLR548
D.P. Mohapatra, J.1. Batliboi & Company Ltd., a company registered under the Companies Act, 1956 filed this application under Arts, 226 and 227 of the Constitution of India against the Cuttack Municipal Council, represented by its Octroi Superintendent seeking a direction to it to release the consignment of diesel engine meant for sate by the petitioner to Hart Machines, Rajgangapur, which passed through the Cuttack Municipality in course of transit.2. The case of the petitioner, shortly stated, is that in Course of its trading activities it had negotiated for sale of diesel engine, manufactured by Kirleskar Cummins Ltd. at Pune to Hari Machines Ltd., at Rajgangpur in Orissa and had arranged for transport of the said diesal engine from the factory at Pune to Rajgangpur through Kaharasht a Road Carrier Pvt. Ltd. Copies of the envoice and the delivery note issued by Kirloskar Cummins Ltd. and copy of the consignment note issued by the Carrier are filed as Annexures 1,2 and 3 respectively...
Tag this Judgment!Court : Orissa
Decided on : May-10-1993
Reported in : AIR1994Ori117
Pasayat, J. 1. Our operations have become successful but the patients have died,allege the petitioners in this batch of writ applications. They appeared at the annual entrance examination for selection of candidates for admission to MBBS/BDS courses pertaining to the session 1992-93. Year after year the 'annual check up' is demanded by candidates. Such applications have become almost a ritualistic feature, and candidates continue to question correctness of the question set and/or answers indicated to be correct answers. For the examination in question, 150 multiple choice objective questions were required to be answered. Four alternative answers were indicated against each question. According to the examining body, only one of them is the correct answer. The body selects the correct answer or most appropriately correct answer which is normally called the 'key answer'. A candidate is required to cross the alphabet box which stood for the answer, which according to him, was the correct o...
Tag this Judgment!Court : Orissa
Decided on : Aug-30-1993
Reported in : 1993(II)OLR515
B.L. Hansaria, C.J.1. Some cases have a message and it becomes necessary at times even to see beyond a case to maintain the purity in life and to take case to the extent possible and permissible in law of tailing moral values of the society. When a case is brought to the Court, no matter what is the status of the Court, a ligant is expected to tell the truth. It is for this reason that affidavits are required to be filed in those Courts where a matter is not decided on oral evidence which is led on oath. When a parson is administered oath, he is required to state, 'I shall speak the truth, the whole truth, and nothing but the truth'. When Courts decide cases on affidavits, the deponent has to solemnly affirm and state the truth as ha knows it and sees it. If to serve personal gain or end or purpose, wrong statements are made : Court would be justified in taking a serious view of the same.2. Here is a case where the petitioner approached this Court first in OJC No. 1835 of 1978 with the...
Tag this Judgment!Court : Orissa
Decided on : Jul-22-1993
Reported in : AIR1993Ori259; 76(1993)CLT720
Hansaria, C.J.1. Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfil this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named 'Orissa Special Courts Bill' to the State Assembly...
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