Orissa Court December 1982 Judgments
Lingaraj Paikaray and ors. Vs. Raghunath Chhotray and ors.
Court: Orissa
Decided on: Dec-22-1982
Reported in: AIR1983Ori146
ORDERP.K. Mohanti, J.1. The short question that requires determination in this Civil Revision is whether the decree under execution is declaratory or executory.2. The petitioners and the pro forma opposite parties Nos. 2 to 4 as plaintiffs brought original suit No. 605 of 1964 in the High Court of Calcutta for declaration that the defendant Raghunath Chhotray (O. P. No. 1 here) had ceased to be a partner of the partnership business of Tapang Light Foundry and Co. with effect from 4-4-1964; that the plaintiffs along with one Satish Ch. Bhattacharjee were the only partners of the said firm with effect from that date; that the resolution dated 4-4-1964 was validly passed; that the defendant Raghunath Chhotray had no other right against the plaintiffs or the partnership firm or its assets except to receive the amount standing in his name in the books of the firm and the value of his share in the good will assessed at Rs. 5,000/- and also for a permanent injunction restraining the said defe...
Tag this Judgment!Mitu Khadia Vs. State of Orissa
Court: Orissa
Decided on: Dec-20-1982
Reported in: 1983CriLJ1385
B.K. Behera, J.1. The appellant stood charged under Section 302 of the Penal Code with having committed the murde of Gaja Khadia (hereinafter described as the 'deceased') on Sept. 20, 1976 at about 7 P.M. at village Tarigerpalli. The appellant was under treatment by two Gunias (sorcerers), namely, the absconding accused Lalu and Bandhu (P.W. 9) owing to his illness and he called the deceased who had come to take his wife (P.W. 7) from the house of his father-in-law (P.W. 8) and abruptly taking out the Gupti which had been brought by Lalu stabbed the deceased on his chest which resulted in his death. Information was lodged with the police authorities and P.W. 11 took charge of the investigation. He examined witnesses, seized some articles on the spot, arrested the appellant, took steps for his medical examination as he noticed abnormalities in the conduct of the appellant and on the completion of investigation, placed a charge sheet against the appellant and the absconding accused Lalu....
Tag this Judgment!Commissioner, N.C.C. Group Vs. Smt. Nirmala Moharana and ors.
Court: Orissa
Decided on: Dec-17-1982
Reported in: AIR1983Ori193
R.N. Misra, C.J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act of 1939 challenging the award of the Second Motor Accident Claims Tribunal dated 3-8-1977 awarding compensation of Rs. 36,000/- to respondents 1 to 4.2. One Satyananda Moharana, while proceeding on cycle around noon time on 30-1-1976 from Daragha Bazar to Bhagatpur was knocked down on the road near the Cuttack Central Jail by a truck bearing registration No. RD 22341. That truck belonged to the 1st Orissa Batallion of the National Cadet Corps. As a result of the impact of the collision, Satyananda fell down from his cycle and came under the vehicle. He was removed to the City Hospital and from there to the SCB Medical College Hospital where he was declared to be already dead Respondents 1 to 4 who are his dependants laid claim for compensation of Rs. 50,000/- by alleging that the deceased who was aged about 30 years was having a monthly income of about Rs. 500/-.3. In the abjection the appellant took th...
Tag this Judgment!Smt. Manohari Devi and ors. Vs. Choudhury Sibanava Das and ors.
Court: Orissa
Decided on: Dec-16-1982
Reported in: AIR1983Ori135
B.N. Misra, J. 1. Plaintiffs 1, 2 and 3 wives of brothers Puranmal, Matrumal and Prabhudayal respectively, have preferred this appeal against the judgment arsd decree of the learned 4th. Additional Subordinate Judge, Cuttack dismissing their suit for specific performance of contract, Choudhury Sibanava Das is defendant No. 1. The late Durgabati Devi was his first wife and defendants 2 to 4 are his sons and defendants 5 to 7 are his daughters through the late Durgabati. Defendant No. 8, Satyabhama Devi is the second wife of defendant No. 1 and defendants 9 to 11 are the adult sons and defendants 12 to 15 are the minor sons of defendant No. 1 through Satyabhama. The properties described in Schedules 'A' and 'B' appended to the plaint form the subject matter of dispute between the parties. Schedule 'A' comprises Ac. 0.063 decimals of land together with a portion of the house appertaining to plot No. 422 of C. S. Khata No. 163 and Schedule 'B' comprises Ac. 0.041-5 links of land together w...
Tag this Judgment!Nityananda Guru and Etc. Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-13-1982
Reported in: AIR1983Ori54
Patnaik, J.1. Reference of these two applications, one by the father Nityananda (O. J. C. No. 262 of 1977) and the other by his sons Prakash Guru and others (O. J. C. No. 266 of 1977), has been made to resolve if the lands allotted to members of the erstwhile Hindu joint family on partition can be dubbed for the purpose of determining the ceiling area under Chapter IV of the Orissa Land Reforms Act, 1969 (hereinafter referred to as the 'Act').2. Admittedly Nityananda has three sons and three slaughters. Admittedly none of the sons was major and married on 36-9-1970, the appointed day under Section 37(b) of the Act. By a registered deed of partition dated 31-12-1965/13-1-1986, the lands in village Gunderpur were allotted to the shares of the sons and the daughters.3. A suo motu proceeding under Section 42 of the Act was started by the Revenue Officer against Nityananda and the draft statement was published on 30-9-1975 in O. L. R. Ceiling Case No. 98 of 1975. Nityananda filed his object...
Tag this Judgment!Miss Krishna Kaveri Patnaik Vs. Director of Medical Education and Trai ...
Court: Orissa
Decided on: Dec-13-1982
Reported in: AIR1983Ori182
Patnaik, J. 1. The petitioner, youngster, who has a brilliant academic career, with the aspiration to take the Hippocratic oath, sat for the Entrance Examination conducted by the State through a Selection Board for admission to the M.B.B.S. Course, 1982.2. For the purpose of the test, certain objective type questions are set, The system is different from the one, one gels accustomed to, in course of the traditional form of examination and tests conducted in the schools and colleges. Each question indicates a few probable answers, one of which is the exact correct answer, the others may be incorrect or not so very exact. The question indicates a box or a few boxes. The question is answered by putting the appropriate mark corresponding to the answer selected by the candidate. With a view to eliminating bluffs, instructions indicate that a wrong answer would entail one minus point. The candidates are further instructed that where he or she does not know the answer, that is to say, if the ...
Tag this Judgment!Sarat Chandra Panda Vs. Hari Das and ors.
Court: Orissa
Decided on: Dec-10-1982
Reported in: AIR1983Ori196
R.N. Misra, C.J. 1. This appeal underOrder 43. Rule 1 (r) of the; CivilP. C. is directed against the order, of thelearned Subordinate Judge of Berhampur rejecting 9 prayer for injunctionagainst the respondents from proceeding with execution of the decree obtained in Title Suit No. 33 of 1978, in E. P.No. 43 of 1981. 2. The appellant as Plaintiff has, filed Title Suit No. 102 of 1982 on the allegation that he purchased the disputed property by a registered sale deed dated 30-12-1980 for a consideration of Rupees 10,000/- from Hari Das and was put into possession. Rs. 3,700/- out of the consideration money was paid before the Sub-Registrar and that fact has been duly endorsed on the title deed. Balance of Rs. 6,300/- was paid to one Narasimha Mohapatra under instructions of Hari Das to be adjusted towards litigation expenses and other charges incurred by Narasimha on behalf of Hari Das. Hari Das, the admitted owner, being a leper was under the care of his maternal uncle Gobinda Mohapatra...
Tag this Judgment!The Land Acquisition Officer Vs. Tarini Charan Patnaik and ors.
Court: Orissa
Decided on: Dec-06-1982
Reported in: AIR1983Ori98
Behera, J.1. The quantum of compensation awarded by Mr. K.M. Subudhi, the learned Subordinate Judge, Berhampur, for acquisition of land belonging to the three respondents on a reference being made to him under Section 18 of the Land Acquisition Act (the Act, for short) is under challenge by the State of Orissa. The total area of land acquired is 14 cents with trees standing thereon. The market value of the land was fixed by the Land Acquisition Officer at Rs. 2,000/- per acre, while according to the claimant-respondents, the land ought to have been valued at Rs. 50,000/-per acre. In respect of trees standing on the land, the case of the respondents was that from the trees alone, the income was about Rs. 7,000/- per year, but the compensation towards the trees was fixed at Rs. 7,245.35 paise by the Land Acquisition Officer which was grossly inadequate. One of the claimants, namely, Sadhu Charan Patnaik, spoke for himself and the other claimants in his deposition recorded by the learned ...
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