Orissa Court April 1982 Judgments
Md. Yakub Ali and anr. Vs. Md. Shibli and anr.
Court: Orissa
Decided on: Apr-30-1982
Reported in: AIR1982Ori261; 53(1982)CLT600
P.K. Mohanty, J. 1. The second appeal, by defendants 1 and 3, is against a decree of affirmance and arises out of an action for partition.2. The plaintiff's case may be briefly stated as follows:The suit land measuring 2.41 acres originally belonged to Tadmul Alii, He died leaving behind him his two sons namely Sahabad and Abdul Rasid who got equal shares in the suit property, The plaintiff represents the branch of Abdul Rasid while the defendants represent the branch of Sahabad. Abdul Rasid, the father of the plaintiff, transferred his half share in the property in favour of his wife Hazira Bibi by a registered Haba-bilawaz (vide Ext. 1). On 7-12-51, Hazira Bibi sold a portion of the property out of her 8 annas share in favour of the plaintiff (vide Ext. 3). She also made an oral gift in respect of the remaining property in favour of the plaintiff. Thus, the plaintiff became the full owner of the entire 8 annas share of Abdul Rasid,After the death of Sahabad his three sons inherited h...
Tag this Judgment!State and ors. Vs. Dandasi Sahoo
Court: Orissa
Decided on: Apr-29-1982
Reported in: AIR1982Ori239
ORDERJ.K. Mohanty, J.1. The opposite party-contractor was entrusted with the work 'construction of distribution system of Ramguda M. I. P. in Kakudakhandi Block' as per agreement No. 4 F-2 of 1973-74, executed between him and the Executive Engineer (petitioner No. 3), Minor Irrigation Division, Berhampur, Ganjara District, on behalf of the Government of Orissa. As dispute arose between the parties, the Chief Engineer (petitioner No. 2) appointed Shri A. N. Nanda, Superintending Engineer, as Arbitrator. The opposite party filed M. J. C. No. 211/80 in the court of Subordinate Judge, Berhampur, Under Sections 5, 11 and 12 of the Arbitration Act for revolting the authority of Shri Nanda and to appoint another Arbitrator. The Subordinate Judge by his order dated 17-3-1981 revoked the authority of Shri Nanda and directed both parties to furnish list of names to be appointed as Arbitrators. Both parties submitted their lists of names and the Suborinate Judge by his order dated 16-4-1981 appoi...
Tag this Judgment!Dhaneswar Patra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-27-1982
Reported in: 54(1982)CLT250; 1983CriLJ130
B.N. Misra, J1. The three appellants In this jail criminal appeal have been convicted under Sections 302/34, 457/34 and 380/34 I.P.C. Each one of them has been sentenced to imprisonment for life for the offence under Section 302/34 I.P.C., rigorous imprisonment for two years for the offence under Section 457/34 I.P.C. and rigorous imprisonment for four years for the offence under Section 380/34 I.P.C. The sentences have been directed to run concurrently.2. The prosecution case may be briefly stated. Deceased Megha Behera lived in village Pabitrapur with his wife, sons and daughters. On the night of Saturday, 15-1-1977, all the family members of deceased Megha Behera went to village Haripur, situated at a distance of one kilometre from Pabitrapur, to witness Rasa Jalra. Deceased Megha Behera stayed behind in his house. The house was locked by the deceased's wife and the deceased who slept on the verandah adjoining house kept the key under his pillow. At about 5 a. m. on 16-1-1977 the fa...
Tag this Judgment!Budhia Singh Vs. State
Court: Orissa
Decided on: Apr-27-1982
Reported in: 1983CriLJ1020
B.K. Behera, J.1. Poverty in a triabal household in the village of Upardiha in the district of Balasore consisting of the appellant, his deceased father-in-law Gopinath Singh, whom the appellant allegedly murdered Bela Dei (P. W. 6) and Jema Dei (P. W. 1). the wife and mother-in-law respectively of the appellant, all of whom had been serving on daily' wages to feed their bellies, led to the unfortunate incident of the appellant killing his father-in-law in the night of the 5th-6th Nov. 1977 after he was driven away by the deceased from his house by being called a dog as the appellant did not part with four Gaunis of paddy which were due to be paid to him and had been brought by his mother-in-law (P. W. 11 from Gajendra Narayan Mishra (P. W. 2) under whom the appellant had been serving as the family had no food to eat and the appellant sold this paddy away to Nanda Kishore Das (P. W. 8) without sparing it for the household and being enraged on his being called a dog. it was alleged, the...
Tag this Judgment!Kesab Sahu and ors. Vs. State
Court: Orissa
Decided on: Apr-26-1982
Reported in: 1982CriLJ1624
B.K. Behera, J.1. The appellants Kesab Sahu and Bisikesan Sahu who are brothers and the other two appellants have been convicted under Section 302 read with Section 34 of the I.P.C. for having committed the murder of the deceased Dina-bandhu Naik at village pingabaru in the district of Ganjam in furtherance of the common intention of all of them on July 23, 1977 when the deceased protested against the action of the appellants Kesab, Bisikesan and Gajendra going upon the land of Mian Majhi (P. W. 4) and forcibly ploughing the land while the othsr appellant Udeswar Patro was watching his paddy seedlings on a land nearby and it was alleged, the appellant Gaj,endra caught hold of both the hands of the deceased and the appellants Kesab and Bisikesan assaulted the deceased on his head by means of axes and when the deceased was being carried by Amar Singh and Baliar Singh (P. W, 2), two sons of the deceased, the appellant Udeswar came to the spot running with an axe and dealt a blow by it on ...
Tag this Judgment!Debananda Das Mohapatra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-24-1982
Reported in: 1982CriLJ1727
R.N. Misra, C.J.1. The petitioner was detained by the District Magistrate of Puri, opposite party No. 2, by an order made under Section 8 of the National Security Act of 1980 (hereinafter referred to as the 'Act') on 6-11-1981. The grounds of detention are as specified in Annexure-1. Challenge in this application is to the said order of detention. Five instances have been relied upon in support of the order of detention,2. The petitioner, aged about 19 years, was a student of the Samanta chandrasekhar College at Puri. From the grounds of detention it appears that for his activities in the years 1980 and 1981 he has been prosecuted in five cases. The order of detention indicates that all these cases were in progress at the time the order was made,3. Law is well settled that the satisfaction that detention is necessary is subjective and the Court's power is not annellate. It is equally well settled that if any single ground of detention fails, the order of detention has to be struck down...
Tag this Judgment!Debiprasad Padhi and anr. Vs. State
Court: Orissa
Decided on: Apr-23-1982
Reported in: 1982CriLJ2214
B.K. Behera, J.1. Challenge in this appeal is to the judgment and order of conviction recorded by the Additional Sessions Judge of Ganjam against the appellants Debiprasad Padhi and Ramachandra Choudhury, the former being the son-in-law of the latter, finding them guilty of the charge of murder of Niranjan Subudhi (hereinafter described as the deceased) committed, in furtherance of their common intention, on July 28, 1979, between 1.30 p.m. and 3.00 p.m., at Berhampur in the district of Ganjam. The two appellants and the deceased had partnership business in medicine having a firm under the name and style of 'Messrs Pratap Medical Stores' in the city of Berhampur. It was alleged that dissensions arose between the appellants on the one hand and the deceased on the other with claims and counter-claims and the matter had been referred to the Auditor (P. W. 3) of the firm on July 27, 1979. On the day following, the two appellants allegedly duped the deceased into believing that he would be ...
Tag this Judgment!Mulraj Doshi Vs. Gangadhar Singhania
Court: Orissa
Decided on: Apr-21-1982
Reported in: AIR1982Ori191; 53(1982)CLT577
ORDERR.N. Misra, C.J. 1. This is a judgment-debtor's application under Section 115 of the Civil P. C. challenging the executability of the order of eviction passed by the Controller amounting to a decree in the court of the Subordinate Judge at Rourkela. The opposite parly filed House Rent Control Case No. 28 of 1968, obtained an order of eviction and levied execution thereof in the court of the Munsif, Panposh. The District Judge of Sundergarh transferred the said case in exercise of powers under Section 24 of the Civil P. C. to the court of the Subordinate Judge at Rourkela. When notice to show cause why the order of eviction may not be executed was issued, the judgment-debtor appeared before the Subordinate Judge and objected to his jurisdiction to proceed with the execution on the ground that it was contrary to the provisions of Section 15 of the Orissa House Rent Control Act. The objection has been overruled and the judgment-debtor has carried this revision application.2. Section ...
Tag this Judgment!Joda Sabaran and ors. Vs. State
Court: Orissa
Decided on: Apr-20-1982
Reported in: 1982CriLJ1926
N.K. Das, J. 1. All the three appellants have been convicted under Section 302 I.P.C. and each of them has been sentenced to undergo rigorous imprisonment for life for committing murder of Doma Sabar on 19-3-1977 at 12 noon.2. Prosecution case is that on 19-3-77 P. Ws. 1, 6 and 13 and the deceased came to the house of one Bodu Sabar to negotiate about a marriage. On the way P. W. 3 accompanied them. All of them drank liquor known as 'Bihari Mai'. The appellants also joined them and they also drank liquor. Then they went to the house of Ulla Sabar where each one of them drank two more bottles of liquor. Thereafter they came and drank 'Tadi' (Kha-juri juice). All of them had been intoxicated. At that time appellant Raghu gave a slap on the check of P. W. 3 who is his brother-in-law. P. W. 3 also retaliated with a slap. Thereafter quarrel ensued. It is alleged that appellant Raghu asked the appellant Joda to bring a Kati. Joda brought a Kati from his house. The deceased was highly intoxic...
Tag this Judgment!Madhu Sethi and anr. Vs. Bishnu Sethi and ors.
Court: Orissa
Decided on: Apr-19-1982
Reported in: AIR1982Ori204
ORDERR.C. Patnaik, J. 1. This is a plaintiff's revision directed against rejection of his application filed under Section 152 read with Section 151 of the Civil P. C. for correction of the judgment and decree.2. The original petitioner instituted Title Suit No. 70/85 of 1971-73 in the Court of the Subordinate Judge, Sonepur for declaration of title and that he was entitled to possess the suit property. During the pendency of the suit, a proceeding under Section 145 of the Criminal P. C. terminated in favour of the original opposite party declaring the possession of the opposite party on the day of the preliminary decree. So, the original petitioner was obliged to seek recovery of possession by way of amendment of the plaint. His prayer for amendment was allowed by order dated 2-7-1974 and the original petitioner was directed to pay additional court fee on the relief of recovery of possession and he paid the additional court-fee. On 27-2-1975 the suit was decreed.3. It was discovered la...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »