Court : Orissa
Reported in : 2008(II)OLR82
a.s. naidu, j.1. the petitioner contested the election held in the year 2007 for the post of sarpanch of sagada grama panchayat under nimapara police station in the district of puri. he polled 1,436 votes and was elected. an election dispute was raised by opposite party no. 3 who had polled 1,429 votes and was defeated. other candidates were also impleaded as opp. parties. the said election dispute was registered as election petition no. 12 of 2007 in the court of the learned civil judge (jd), nimapara.2. in course of hearing of the election petition, a petition was filed by the election petitioner (present opposite party no. 3) praying to call for the used ballot papers for inspection and recounting of votes. such prayer was made mainly on the ground that many fictitious persons impersonating dead voters had cast votes taking the advantage of the fact that the names of such dead voters were found in the voters' list. the said prayer was resisted by the present petitioner. the court below after going through the pleadings and evidence adduced, as well as the death certificates with regard to the alleged dead voters, by order dated 7.12.2007, annexure-4, came to the conclusion that inspection of used ballot papers and recounting of votes by court would meet the ends of justice as fake votes cast for dead voters would materially affect the result of the election.3. mr. mohanty, learned counsel for the petitioner, submitted that no steps having been taken by the election .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR227
r.n. biswal, j.1. this appeal is directed against the judgment and order dated 23rd december, 1991 passed by the learned addl. sessions judge, bolangir in sessions case no. 96/15 of 1990 wherein while acquitting all the accused persons numbering nine of the charge under sections 148/307/149 of the i.p.c., he convicted accused-appellants, agni kumar meher and dalaganjan meher for the offence under section 325 of i.p.c. and sentenced them there under to undergo r.i. for one year each accused-appellant gandharba under section 324 of the i.p.c. and accused balkrishna rout @ hadu and pahilman rout for the offence under sections 324/34 of the i.p.c. and sentenced them thereunder to undergo r.i. for six months each.2. shorn of unnecessary details, case of the prosecution is that on 2.6.1990 at about 11.30 a.m., while p.w.11, the headmaster of luhasinga u.p.school was going on a scooter being driven by p.w.9 to his school to receive his salary, on the way, the scooter developed some mechanical troubles, for which p.w.9 went to the village to fetch a plug. as there was some delay, p.w. 11 went towards the village-basti only to be assaulted by accused agni meher with a tabli and premananda bag with a lathi. because of the assault he sustained injuries on his head and leg. in the meantime, while p.w.9 was returning on a bicycle from the house of banamali meher, accused pahilman rout caught hold of his cycle and hadu @ balakrushna rout assaulted him. on the same date p.w.10, brother of .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT277; 2008(I)OLR544
p.k. tripathy, j.1. accused has preferred this appeal from the jail against the order of conviction under section 304, part-ii, i.p.c. and sentence of rigorous imprisonment for ten years imposed by learned addl. sessions judge, nabarangpur in sessions case no. 15 of 2000, arising out of g.r. case no. 364 of 1998 of the court of judl. magistrate first class, umerkote.2. prosecution case is that on 15.12.1998 in village rengabhati, bhanumati bhotra alias bhanu, the deceased and jamuna bhotra (p.w. 2) were engaged in catching fish in a paddy land in their village. accused arrived there at about noontime and offered a medicine to be taken by the deceased. latter refused to consume that medicine and then accused threw a stone, which hit on her left side ribs and she fell down. the deceased in injured condition was brought to the village and thereafter she was taken to addl. p.h.c., raighar, where dr. niranjan padhi (p.w. 11) examined the injured and found one abrasion of the size of 2' x 2' x 1/2' of the left lateral side of lower chest. he found the injury to be simple and could have been caused by blunt weapon like stone, m.o.i. he proved the injury certificate, ext. 8/2. because of the poverty, the injured could not stay in the addl. p.h.c. beyond the period of three days and returned to her htfuse with her husband (p.w. 1) and she died on 03.01.1999. initially, the case was registered on 15.12.1998 under section 294/323, i.p.c., which was converted to a case under section, 302 .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR254; (2008)16VST122(Orissa)
b.n. mahapatra, j.1. this writ petition has been filed by the petitioner challenging the inaction of opp. parties 4, 5 and 6, who are the executive officer, administrator and octroi superintendent of berhampur municipality respectively, in granting certificate of exemption from payment of octroi in terms of indusirial policy resolution 1996, (hereinafter referred to as the i.p.r. 1996') in respect of machineries and equipments which are required to set up new industrial unit under the said i.p.r. 1996.2. the case of the petitioner in short is that it is a private limited company and being encouraged by various incentives including the incentives in respect of octroi provided under ipr 1996, the petitioner proceeded to establish an industrial unit for manufacturing of rigid pvc pipes. and for the said purpose, the petitioner obtained 'provisional certificate' bearing registration no. 150610289 dated 4.5.1996, 'no objection certificate' dated 5.8.1996 and 'sales tax registration certificate' both under orissa sales tax act, 1947 and central sales tax act, 1956, from the general manager, district industries centre, ganjam, state pollution control board, bhubaneswar and sales officer, ganjam 1 circle, berhampur, respectively. the petitioner also obtained permission from executive officer, berhampur municipality for installation of 100 hp electric motor. thereafter the petitioner placed orders with the parties from outside the state of orissa for supply of machineries and .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR23
1. heard further and the judgment is as follows:2. the appellant challenges the order of conviction and sentence imposed against him by the sessions judge, mayurbhanj in s.t. case no. 55 of 1995.3. it appears on record that the appellant was charged under sections 302/203 ipc on the allegation that on 24.10.1994 at about 7.00 p.m. he committed intentional murder of his wife and caused her death by strangulation and that gave false information to the police that his wife died due to taking of poison.4. according to the case of the prosecution, the accused is the husband and hira mahali (hereinafter referred as 'deceased') is his wife. after leading a happy conjugal life for long period with the accused, the deceased expressed her desire to stay with her sister's husband because he was more attractive. on the date of occurrence, when the deceased and the accused were returning home from the market, the deceased also expressed similar desire. they joined ram mahali, raghunath mahali and their wives and took handia, thereafter, they resorted to keshapada route to reach their village balma, whereas the others proceeded on the other route and reached the same village. the accused came and reported to his mother and brother-jeda @ jagannath mahali (p.w.2) that his wife died by consuming poison and therefore the mother should not prepare fish curry. he also called the villagers and narrated the story of death of his wife by taking poison. thereafter, the accused along with the .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT570; 2008(I)OLR98; (2008)16VST472(Orissa)
b.n. mahapatra, j.1. petitioners 35 in number who are the truck owners have filed this writ petition being aggrieved by the action of the opposite party no. 2-sales tax officer, unified check gate, girisola, ganjam (hereinafter called 'the s.t.o.') for collecting sales tax from them on the fish transported by their trucks from the state of andhra pradesh to the states of west bengal or bihar. the reliefs sought in this writ petition are as follows:(i) the action of the s.t.o. in collecting tax on fish carried by the trucks of the petitioners from the state of andhra pradesh to the states of west bengal or bihar is contrary to law and not sustainable. hence the sales tax so collected vide annexure-1 series, 2 series, 3 series and 4 series should be refunded to them;(ii) direction should be given to the opposite parties not to realize any amount from the petitioners in respect of fish carried by them from the consignors in andhra pradesh to the consignees in west bengal and other states; and(iii) for quashing rule 94(4) (a) of the o.s.t. rules, 1947.2. briefly stated, the case of the petitioners is that they are transporters and are engaged in transporting fish from the consignors in the state of andhra pradesh to the consignees in the states of west bengal or bihar. while proceeding from andhra pradesh to west bengal or bihar they have to move through the state of orissa. the s.t.o. in excess exercise of his power under the orissa sales tax act, 1947 (hereinafter referred to .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR410
r.n. biswal, j.1. the appellants assail the judgment and order dated 18.12.1991 passed by the addl. sessions judge, titilagarh in sessions case no. 101/5 of 1990-91 convicting the accused-appellants for offence under sections 366/34 ipc and sentencing each of them to undergo r.i. for one year and to pay a fine of rs. 100/- and in default to undergo r.i. for 15 days more.2. succinctly stated the case of the prosecution is that on 29.10.1984 during morning hour p.w.6, a minor girl (the victim) alongwith her sister p.w.3 and some of her co-villagers went to jurabandh market to sell guava and dry fish. at about 11.00 a.m., while they were returning home, on the way, near dhubapali all the accused-appellants emerged out from a bush and accused balaram @ guman patra forcibly dragged p.w.6 to his house in order to marry her against her will and without consent. in the process an earthen pot containing molasses and brinjals held by the victim fell down and got broken. when the companions of the victim tried to rescue her, the other co-accused pushed them. hulla raised by p.w.3 did not yield any result. so, she went to her house and informed about this incident to her father p.w.4, who orally reported the incident before the a.s.i, of tikrapara out post, who reduced it into writing and a case was registered under sections 366/ 354/34 of i.p.c. on the next date the victim was rescued from the house of the accused-appellant balaram @ guman patra and was sent to district headquarters .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR514
pradip mohanty, j.1. this appeal is directed against the judgment and order dated 07.02.1990 passed by the addl. sessions judge, jajpur. by the impugned order, the trial court convicted the appellant under sections 498a and 306 ipc and sentenced him to undergo rigorous imprisonment for seven years and pay a fine of rupees three thousand, in default to undergo rigorous imprisonment for three months, under section 306, ipc. it, however, imposed no separate sentence for the offence under section 498a, ipc.2. the case of the prosecution is that on 25.06.1982 the deceased married to co-accused bhagabat mohapatra (since acquitted), the son of the present appellant. there was a demand of cash of rs. 10,000/- and 7 tolas of gold at the time of marriage negotiation. but cash of rs. 6,000/- and 5 tolas of gold along with other moveable articles like utensils, etc., were given at the time of marriage by the informant. six months after the marriage, the appellant went to the bank with the gold ornaments to fetch some loan but could not procure his intended loan for which he formed an opinion within himself that the gold ornaments were spurious. after returning from the bank, he started abusing the deceased and her father, the informant (p.w.1), for giving spurious gold ornaments and subjected the deceased to cruelty. on one occasion, in the year 1983, the informant had sent two 'sadabharas' anticipating the delivery of the deceased, according to the custom. but the present appellant did .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT477
m.m. das, j.1. this writ petition has been filed in the nature of public interest litigation challenging the action of the government in transferring/allotting a piece of government land situated in cuttack city in favour of the s.c.b. medical public school- opp. party no. 5.2. the petitioners have filed this writ petition claiming themselves to be fishermen by profession and members of different fishery co-operative societies and also as members of the public. the question with regard to the locus standi of the petitioners to maintain the present writ petition as a public interest litigation would be dealt with at a later stage of this judgment.3. as per the averments made in the writ petition, the land proposed to be transferred to the opp. party no. 5 constitutes an area of ac. 5.715 decimals covering several plots under khata no. 136 in mouza - cuttack town, unit no. 20, mangalabag. the record of rights of the said land which has been annexed as annexure-2 to the writ petition. from the same, it is revealed that the said land stands recorded in the name of the irrigation & power department of the government of orissa. it is alleged that over the said land, four fishery nursery tanks, two laboratory buildings and 32 numbers of staff quarters are situate. in addition to above, there is a bore well and some sheds for class-iv employees. administrative building of the director of fisheries also stands adjacent to the said area. it is the petitioners' case that the said area .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT611; 2007(II)OLR113
a.k. parichha, j.1. both the appeals arise out of and the same award passed by the learned civil judge, (senior division), bhubaneswar in l.a. misc. case no. 12 of 1998 and, therefore, they are heard analogously and disposed of by this common order.2. ac. 0.400 decs of land appertaining to plot no. 20/782/864 under khata no. 220/27 of mouza majena belonging to the claimant sanatan nayak was acquired by the state government for elephant sanctuary by notification no. 516 dated 04.04.1987 under section 4(1) of the land acquisition act (in short the 'act'). learned land acquisition officer, puri awarded compensation to the claimant at the rate of rs. 8,000/- per acre. the claimant received that amount of compensation under protest and demanded reference of the matter to the civil court under section 18 of the act for determination of market value of the acquired land. that is how the matter came up before the learned civil judge (senior division) bhubaneswar in the above noted l.a. misc. case. to substantiate the claim for higher compensation of rs. 1,00,000/- per acre, the claimant examined himself and another witness, namely, surendra kumar sahu and produced notification dated 04.04.1987, certified copy of the sale deed dated 25.10.1986 and the reference letter of the l.a. collector which were marked as exts.1 to 3 respectively. the state-opposite party examined the revenue inspector only as o.p.w.1 but did not produce any document. on consideration of the above noted evidence, .....
Tag this Judgment!