Orissa Court September 1981 Judgments
Simadri Panda Vs. Durgasi China Appanna and ors.
Court: Orissa
Decided on: Sep-30-1981
Reported in: AIR1982Ori25
ORDERR.C. Patnaik, J. 1. The plaintiff filed an application for amendment of the plaint seeking inter alia to raise the valuation of the suit. His application having been allowed and the valuation of the suit after amendment being beyond the pecuniary jurisdiction of the trial court, the plaint was directed to be returned for presentation in the proper Court. In the appeal of defendant numbers 2 and 3, the order of the trial court was set aside. The plaintiff is in revision before this Court. 2. The petitioner instituted a suit seeking a declaration that the defendants have no manner of right, title or interest in the suit land nor were they in possession and he also sought the relief of permanent injunction. The suit was, however, valued at Rs. 100/- for the purpose of jurisdiction. After defendants 2, 3 and 4, filed their written statements claiming title through purchase under certain registered sale deeds, the petitioner (plaintiff) filed an application seeking amendment of the pla...
Tag this Judgment!Damu Santa Vs. the State
Court: Orissa
Decided on: Sep-30-1981
Reported in: 53(1982)CLT470; 1982CriLJ1160
P.K. Mohanti, J.1. The appellant along with four others stood charged Under Section 147, IPC for having formed themselves into unlawful assembly with the common object of causing the death of one Laxman Santa of village Katranguda under Tentulikhunti police Station in the district of Koraput and also under Sec 302 read with Section 149, IPC for having caused his death in prosecution of their common object. The appellant was separately charged Under Section 302, IPC After trial, the appellant was convicted Under Section 302, IPC and sentenced to undergo imprisonment for life and the other accused persons were acquitted of the charges framed against them.2. Prosecution case wars that on 8-3-1978 morning P.W. 4 Dhana Santa and P.W. 5 Kamulu Santa who were the maternal uncles of the deceased went to his house to see his ailing son. At about noon, the deceased accompanied by P. Ws, 4, 5 and his brother Suna Santa (P.W. 1) went t0 the bank of the river Murana for taking both. On the other si...
Tag this Judgment!Gandaram Taria Vs. the State
Court: Orissa
Decided on: Sep-30-1981
Reported in: 53(1982)CLT520; 1982CriLJ1229
B.K. Behera, J.1. This appeal arises out of the judgment and order dated the 18th March, 1978, passed by Mr. K. S. Mishra, Sessions Judge, Balangir-Kala-handi, in Sessions Case No. 2-B of 1977 convicting the appellant Under Sections 392 and 307 of the I.P. C, and sentencing him under the first-mention- ed section to undergo imprisonment for life and under the latter section to undergo rigorous imprisonment for a period of ten years with a direction that the sentences would run concurrently.2. The case of the prosecution may briefly be stated. The appellant had been staying in the house of his father-in-law Gobardhan Kuanr at village Nuapali. Gobardhan had divided his lands between his two daughters, leaving a portion for the maintenance of his wife who had mortgaged her piece of land with the deceased Ballav Tripathy, father of the first informant Rama-chandra Tripathy (P.W. 10, also of that village. On 17-11-1976 at about midday, while Ballav and P.W. 10 were in their house, the appel...
Tag this Judgment!Rahas Bewa Vs. Kanduri Charan Sutar and ors.
Court: Orissa
Decided on: Sep-29-1981
Reported in: AIR1982Ori48; 54(1982)CLT143
R.N. Misra, C.J.1. Plaintiff's suit for permanent injunction restraining the defendants from interfering with her possession and enjoyment of the property having been declared to have partly abated by the trial Court under the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (Orissa Act 21 of 1972) (hereinafter referred to as the 'Act') she has filed this revision application challenging the order of partial abatement. When the revision petition came up for hearingbefore one of us, it was directed to be placed before a Division Bench as some single Judge decisions to which we shall make reference later took contradictory views oa the point in issue.2. The suit property covered both homestead and other lands. So far as homestead property is concerned, the learned Munsif held that there would be no abatement and accordingly in the impugned order he directed the suit to continue in regard to plots Nos. 534, 538, 539 and 540. He, however, direc...
Tag this Judgment!Ajoy Kumar Singh Vs. Pata Dei and ors.
Court: Orissa
Decided on: Sep-28-1981
Reported in: AIR1982Ori51
R.N. Misra, C.J.1. These are appeals under the Letters Patent read with the Orissa High Court Order directed against the common appellate decision of B. K. Ray, J. under Section 110D of the M. V. Act rendered in Miscellaneous Appeals Nos. 148 and 181 of 1974.2. On 12-7-1973 at about 3.30 P. M. one Niranjan Senapati, a Class IV employee in the Establishment of the Gold Controller was knocked down while coming on bicycle on the Link Road within the town of Cuttack by a motor truck bearing registration number ORU 5905, Niranjan succumbed to the injuries while attempts were being made to take him to the hospital. His dependants filed a claim under Section 110-A of the M. V. Act asking for compensation of Rs. 40,000/-. They im-pleaded the owner of the truck as also the Insurer thereof as respondents. It was pleaded that at the time of death, Niranjan was getting a monthly salary of Rs. 157/-. He was aged about 30 and his contribution to the family was above Rs. 90/- per month. Niranjan's de...
Tag this Judgment!Rama Subudhi and ors. Vs. Bhagirathi and ors.
Court: Orissa
Decided on: Sep-28-1981
Reported in: AIR1982Ori86; 53(1982)CLT78
P.K. Mohanti, J.1. This appeal is directed against the decision of a learned single Judge of this Court confirming an order for delivery of possession of immovable property under Order 21 Rule 35, C. P. C. passed by the learned Subordinate Judge of Bhubaneswar. The appeal poses for determination a question as to the competency of the executing Court to direct a fresh delivery of actual possession of immovable property there having been earlier a symbolical one.2. The short facts are the following: Respondent No. 1 obtained a decree for delivery of possession of 0.523 acre of land out of plot No. 1108 which comprises an area of 0.525 acre. He levied execution of the decree and applied for delivery of actual possession after demarcation and identification of the land by a survey knowing commissioner. The executing Court issued a writ of delivery of possession under Order 21, Rule 35, C. P. C. and appointed a commissioner to demarcate the property at the time ofdelivery of possession. The...
Tag this Judgment!State of Orissa Vs. Pitabas Naik and ors.
Court: Orissa
Decided on: Sep-28-1981
Reported in: 1982CriLJ1163
N.K. Das, J.1. The respondents have been acquitted of the charges Under Section 302/140 I.P.C. for committing murder of one Benia Domb of village Garuda Gachha on 5-2-1977 at about 7 P. M.2. The prosecution case is that the deceased was rendering service as watchman in the neighbouring villages including Dindaraja. On 5-2-1977 at about 7 P. M. the deceased and the respondents gathered at the front ninda of respondent Pitabas and started discussing questions relating to disposal of hides of six buffaloes after the local festival. The deceased stated that he would take the hide on payment of Rs. 5/- whereas the respondents demanded Rs. 10/-. At that time the deceased as well as respondents were taking liquor. Suddenly a quarrel arose. The respondents, it is alleged, gave slaps, fist blows' and kicks on the deceased. The deceased became unconscious. He was thereafter carried to a place called Nisanimunda Jholla and was placed on the side of the road, On the following morning, as the decea...
Tag this Judgment!Krishna Chandra Das Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Sep-28-1981
Reported in: 53(1982)CLT7; 1982CriLJ1724
N.K. Das, J.1. The undisputed fact is that the petitioner has been convicted under Section 302 I.P.C. by the Additional Sessions Judge, Cuttack in Sessions Trial No. 30 of 1970 and has been sentenced to undergo rigorous imprisonment for life. The judgment of the Additional Sessions Judge has been confirmed in appeal by this court in Criminal Appeal No. 28 of 1971. The sentence has also been upheld. During the course of imprisonment, the petitioner was released on furlough for a period of fourteen days and he again surrender ed on 28-12-1978. Admittedly the petitioner is now undergoing the sentence of life imprisonment in the aforesaid sessions case. The Inspector General of Prisons submitted the case of the petitioner to State Government for consideration for his premature release in pursuance of Rule 518 of the Orissa Jail Manual. The Government in Law Department rejected the reference for premature release and suggested for consideration of the case after one year, The petitioner con...
Tag this Judgment!Dolagobinda Panigrahi Vs. the Orissa University of Agriculture and Tec ...
Court: Orissa
Decided on: Sep-26-1981
Reported in: AIR1982Ori89; 54(1982)CLT16
R.N. Misra, C.J.1. This application under Article of the Constitution calls in question the punishment imposed on the petitioner on the allegation of malpractice by the Orissa University of Agriculture & Technology (hereafter referred to as the 'O. U. A. T.') under Annexure-12.2. Petitioner sat at the final B. V. Sc. the A. H. Examination, 8th Semester, held by the O. U. A. T. One of his papers, being 'Fish Disease and Sanitation', was scheduled for the second sitting on 8-6-1979 from 3 P. M. to 5 P.M. One Dr. Maheswar Misra, Professor and Head of the Department of Animal Production was the Senior Invigilator. On 14th of June. 1979, Petitioner received notice from the Dean of the Faculty of Veterinary Science and Animal Husbandry, to show cause against a complaint made by Dr. Misra and an extract of the report was enclosed to the notice. Petitioner submitted his explanation on 19-6-1979 denying the allegations and explaining the background in which Dr. Misra had made false allegations....
Tag this Judgment!Niranjan Behera Vs. Satyanarayan Mahaswari
Court: Orissa
Decided on: Sep-25-1981
Reported in: 52(1981)CLT485; 1981CriLJ1790
P.K. Mohanti, J.1. The appeal arises out of a judgment of the learned Chief Judicial Magistrate. Ganjam acquitting the respondent of an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. 1954.2. Appellant is the Food Inspector of the Berhampur Municipality. On 13-1-76 he visited the shoo of the respondent for inspection of food articles exposed for sale for human'consumption. After ob-searwing the formalities he purchased 1500 grams of Vanaspati as sample from a closed and sealed tin and paid Ha. 12.72 paise towards its price. He divided the sample into three equal parts and placed them in three clean and dry bottles and sealed and labelled them. One pottle containing the sample was sent to the Public Analyst and the other two bottles were handed over to the local Health authority as required by law. The Public Analyst of the Government of Orissa opined that the sample in question was adulterated. After obtaining necessary sanction under Section 20 of the Act...
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