Orissa Court November 1981 Judgments
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Basanta Kumari Mohanty Vs. Sarat Kumar Mohanty
Court: Orissa
Decided on: Nov-16-1981
Reported in: 53(1982)CLT53; 1982CriLJ485
ORDERR.C. Patnaik, J.1. The neglected wife, whose application for maintenance Under Section 125 of the Code of Criminal procedure has been rejected, has moved this Court for vacating the order of the Magistrate and granting her maintenance.2. Facts shortly stated :The petitioner married the opposite party in 1973 and lived a happy conjugal life for some years. However, when the petitioner did not conceive, it is alleged, the opposite party kept a tnistress and started ill-treating and neglecting and occasionally assaulting the petitioner. The petitioner, having ultimately been driven out from the house, took shelter under the roof of her father. As she was unable to maintain herself, she made the application for grant of maintenance at the rate of Rs. 150/- per month.3. The opposite party did not dispute the marriage, but denied the other allegations. He pleaded that all his attempts to take back the petitioner had failed due to the obstinacy of the petitioner and especially when he di...
Hagiri Dei and anr. Vs. Budhiram Behera
Court: Orissa
Decided on: Nov-16-1981
Reported in: 54(1982)CLT25; 1982CriLJ491
ORDERR.C. Patnaik, J.1. petitioner No. 1 is the wife and petitioner No. 2 is the daughter of opposite party, on ground of neglect by the opposite party, the petitioners filed an application Under Section 125 of the Criminal P. C. in the court of the Sub-Divisional Judicial Magistrate, Balasore, which was registered as Misc. Case No. 128 of 1972. By order dated 7-11-1973, the petitioner No. 1 was granted maintenance of Rs. 20/- per month and petitioner No. 2, Rs, 10/-.2. As the opposite party committed default in payment, the petitioners filed Misc. Case No. 392 of 1975 Under Section 488(3) of the Criminal P. C. 1898, corresponding to Section 125(3) of the new Code for dues of 18 months from the date of order. Order having been passed against the opposite party, a revision was carried by him to the Sessions Judge and being unsuccessful there, he filed a writ petition before this Court in o. J. C. No. 216 of 1977. It was contended therein that the opposite party having been adjudged inso...
Khagendra Gahan Vs. the State
Court: Orissa
Decided on: Nov-07-1981
Reported in: 53(1982)CLT121; 1982CriLJ487
B.K. Behera, J.1. The appellant, who stood trial along with other persons, being charged Under Section 395 of the I.P.C. with having committed dacoity in the house of Satrughna Sahu of village Biridisasan in the district of Balasore during the night of 12th/l3th Mar. 1975, in the course of commission of which cash, ornaments and many other articles were removed from the possesson of the victim, stands convicted thereunder and has been sentenced to undergo ramous imprisonment for a period of ten years and to pay a fine of Rs. 100/- and in default of payment thereof, to undergo rigorous imprisonment for a further period of two months. There were in all eleven accused persons in the case of whom the appellant and eight others stood charged Under Section 395 of the I.P.C. and two others, namely, Gayadhar Sahu and Shyam alias Hunda Jena stood charged Under Section 412 of the I.P.C, All the accused persons except the appellant were acquitted of the charges.2. Briefly stated, the case of the ...
Surendranath Das Adhikari (Dead) and After Him Harendra Kumar Das and ...
Court: Orissa
Decided on: Nov-02-1981
Reported in: 53(1982)CLT23
Behera, J.1. The defendant No. 2 and upon his death, his legal representatives and defendant No. 21 are in appeal against the judgment and decree passed by the learned Subordinate Judge, Balasore, holding that the sales effected by the defendant No. 22 (respondent No. 23) in their favour were not binding on the plaintiffs Nos. l and 2, the sons of the defendant No. 22, who are the respondents Nos. l and 2 in this appeal.2. The respondents Nos, 1 and 2 and the wife of the respondent No, 23 Trai-lokyanath Behera (defendant No. 22) had instituted the suit for a declaration that the transfers made by the respondent No. 23 in respect of the ancestral properties described in schedule 'Ka' of the plaint including the sales on 25-11-1957 in favour of the appellant No. 1 (defendant No. 2) under Ext. A for Rupees 100/- and in favour of the appellant No. 2 (defendant No. 21) on 16-10-1963 under Ext. D for Rs. 2,500/-, were not binding on them on the ground that the respondent No. 23, who had take...
Nandipalli Appalaraju Vs. G. Pannalal Sowcar and ors.
Court: Orissa
Decided on: Nov-02-1981
Reported in: AIR1982Ori131
R.N. Misra, C.J. 1. The appellant in both these appeals seeks to challenge the affirming common judgment of a learned single Judge of this Court in First Appeals Nos. 65 and 66 of 1977. The said First Appeals were directed against a common judgment in Title Suits Nos. 71 and 72 of 1964. First Appeal No. 65 of 1967 arose out of Title Suit No. 72 of 1964 while First Appeal No. 66 of 1967 was out of Title Suit No. 71 of 1964- 2. The short facts are the following : One Pannalal Sowcar carried on business in the name and style of 'Baughmal Pannalal Sowcar'. He obtained a money decree against defendants 2 to 13 of Title Suit No. 71 of 1964 and levied execution of the said decree in E. P. No. 4 of 1958 in the court of the Subordinate Judge, Jeypore. In execution, he brought the disputed properties of Title Suit No- 71 of 1964 under attachment by contending that these properties belonged to the judgment-debtors. One Lakshmanrao, plaintiff in Title Suit No. 72 of 1964, also obtained a money dec...
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