Orissa Court June 1975 Judgments
ishwar Behra Vs. the State
Court: Orissa
Decided on: Jun-30-1975
Reported in: 1976CriLJ611
N.K. Das, J.1. This appeal is directed against conviction of appellant under Section 302 Indian Penal Code and sentence to undergo rigorous imprisonment for life. He was also charged under S. 307, I. P.C. for attempting to cause death of P.W. 4 and P.W. 6, but he has been acquitted of the said charge on benefit of doubt.2. The prosecution case, as found from the facts, is as follows. The appellant and the deceased belong to village Kothabhuin in Purunakota Police Station District Dhenkanal. Plot No. 908 measuring about 3 decimals belongs to the appellant. The villagers of Kothabhuin were recorded as Sikimi tenants in respect of A0.01 decimal out of the aforesaid A0.03 decimals. The paddy Gola of the villagers was on the aforesaid A001 decimal of land which had collapsed 5 to 6 years back. The house and the Bari of the appellant are adjacent to the land. Appellant had included that area into his Bari by putting fence and had also constructed his cowshed on the same and had planted trees...
Tag this Judgment!State of Orissa Vs. Rameswar Patabisi
Court: Orissa
Decided on: Jun-27-1975
Reported in: AIR1976Ori69; 42(1976)CLT48
R.N. Misra, J.1. This is an application under Section 13 (3) (a) of the Orissa Merged Territories (Village Offices Abolition) Act, 1962 (Orissa Act 10 of 1963) (hereafter referred as the 'Act') directed against the appellate order of the Board of Revenue.2. Under the provisions of the Act. Gountiship of village Dainidihi within the district of Sundergarh was abolished. The opposite party was the Gountia of the said village until abolition of that office. Under the provisions of the Act, Bhogra lands as defined under Section 2 (b) of the Act vested in the State Government under the provisions of Section 3 (f) and steps were taken to settle the same under Section 5 (1) of the Act. While preparing the final zamabandi, the Tahsildar left out five plots being plot Numbers 85, 123, 124, 129 and 129/1. According to the opposite party, the Tahsildar omitted to consider his claim in regard to the first two plots and disallowed the claim in regard to the other three plots on the ground that they...
Tag this Judgment!Arjuna Pujari Vs. the State
Court: Orissa
Decided on: Jun-25-1975
Reported in: 1976CriLJ772
N.K. Das, J.1. The appellant, a postal runner of Malkangiri area district Koraput, has preferred this appeal against his conviction under Section 302, Penal Code and sentence to undergo rigorous imprisonment for life and under Section 404, Indian Penal Code and sentence of R. I. for two years; both the sentences to run concurrently. The prosecution case emerging out of the facts is, that on 8-1-72 at about 3.00 p.m. the appellant went inside the Bharabi temple at Malkangiri and caused death of Ramdas Babaji, Puiari of the temple assaulting his head by means of an iron rod. Thereafter the appellant removed the transistor radio belonging to the deceased from the temple. The appellant tried to dispose of the radio with the help of others but was unsuccessful. Two other persons, namely; Ram Chandra Patnaik and Trinath Naik were charged under Section 380, Indian Penal Code for committing theft of the transistor radio but they have been acquitted. The accused pleads complete innocence and ha...
Tag this Judgment!G.C. Harichandan Jagadeb Vs. Jagannath Swamy and ors.
Court: Orissa
Decided on: Jun-20-1975
Reported in: AIR1976Ori38
K.B. Panda, J. 1. The appellant Shri G.C. Harichandan Jagadeb who was originally opposite party No. 13 in O. P. No. 128 of 1968 under Section 41 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the Act) having lost both in the Court of the Assistant Commissioner of Endowments as well as in appeal in the Court of the Commissioner of Endowments has preferred this appeal alleging that the findings of the learned Courts below that he is not the hereditary trustee of the deity Shri Jagannath Swamy situated in village Arkhapur under Purusottampur police station within the district of Ganjam are not sustainable. The short facts giving rise to this appeal are as follows: Lord Shri Jagan-nath Swamy is situated in village Arkhapur within a respectable temple having a height of about 90 feet. There are certain parswa Debatas. It has a compound wall and lion's gate etc. As it appears, there is no controversy at this stage that at one time the ancestors of the Raja of ...
Tag this Judgment!Gouranga Sahu and ors. Vs. Bhaga Sahu and anr.
Court: Orissa
Decided on: Jun-16-1975
Reported in: AIR1976Ori43
S.K. Ray, J.1. The unsuccessful defendants 1 to 5 are the appellants. This appeal arises out of a suit for partition in which the plaintiff has also sought for a declaration that he is the adopted son of late Mohan, which has been decreed.2. The plaintiff and defendants are members of one family. The family genealogy is set out hereinbelow :-- Dayanidhi alias Danara | --------------------------------------------- | | | Mohana (dead) Bhubana Sujana =Surya (dead) | | | ---------------------- ------------------------------- Bhaga (Plff.) | | | | | | | (Adopated son) Gouranga Lochana Baida Bhaga Talabyasa Tikunu Bishnu (D.1) (D.2) (D.3) (Adopted) (D.6) (D.4) (D.5)The plaintiff claims to be the adopted son of Mohan a and, therefore, wants to partition his one-third share in the entire joint family properties described in schedules A, B and C of the plaint. He further claims that his adoptive father Mohan got his Jyesthansa which he has separately mentioned in schedule G and that he is in po...
Tag this Judgment!Ratnakar Mohanty Vs. Jugal Kishore Patnaik
Court: Orissa
Decided on: Jun-16-1975
Reported in: AIR1976Ori85
ORDERS.K. Ray, J. 1. The Last general election to the Orissa Legislative Assembly was held in the month of February, 1974 pursuant to a notification calling upon all Assembly Constituencies in the State of Orissa to elect members to the said Assembly. In the notification a period between 22nd to 29th of January, 1974 was fixed for filing of nomination papers. The date for scrutiny of nomination papers was specified to be held on 30-1-74. Polling for the election took place on 26-2-74 and the result was declared on 28-2-74.2. Bhadrak Assembly constituency is a single member general constituency. From this constituency four nomination papers were duly filed in favour of the petitioner. The respondent also was nominated as a candidate for election from this constituency and nomination papers were duly presented on his behalf. At the time of scrutiny an objection was raised at the instance of one Balaram Sahu before the Returning Officer that the petitioner was disqualified for being chose...
Tag this Judgment!Mst. Anar Bai and ors. Vs. Muralidhar Modi and ors.
Court: Orissa
Decided on: Jun-16-1975
Reported in: AIR1976Ori72
S.K. Ray, J. 1. The two aforesaid appeals are by two sets of judgment-debtors in an execution proceeding and are from the same order dated 18-3-1974 passed in Misc. Case No. 213 of 1972 in Execution Case No. 193 of 1971 by which their application under Section 47, Civil Procedure Code was rejected. Judgment-debtors 1 to 19 who are the legal representatives of defendant No. 2, and defendant No. 3, who is judgment-debtor No. 20, in the said execution proceeding are the appellants in M. A, No. 68 of 1974 Judgment-debtors Nos. 21 to 27 who are the legal representatives of defendant No. 1 in the same execution proceeding are the appellants in M. A. 70 of 1974.2. To understand the nature of the objections raised by the judgment-debtors in the execution proceeding, it is necessary to narrate some background facts The plaintiff-decree-holder filed Title Suit No. 42 of 1957 for specific performance of contract. Late Nikunja Kishore Das the original owner of the property was im-pleaded as defend...
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