Orissa Court December 1983 Judgments
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Property Association of Baptist Churches Private Limited and anr. Vs. ...
Court: Orissa
Decided on: Dec-16-1983
Reported in: 1984(I)OLR164
P.C. Misra, J.1. This revision is directed against an order dated 23-3- 1983 passed by the Additional Sub Judge, Balasore, refusing to admit some documents during the course of hearing. Two petitions were filed by the plaintiffs, one on 16-3-83 and the other on 17-3-83 purported to be under the provisions of Order 13 Rule 2, C. P. C. seeking permission of the court to admit into evidence the documents enumerated therein. Their plea for production of the documents at a late stage was that the documents are relevant and material for a fair decision of the court which could not be filed earlier as the same were misplaced. The learned Additional Sub Judge has also disposed of some other applications in the same order with which we are not concerned in this revision.2. The main ground on which some of the documents were refused to be admitted in evidence by the impugned order was that the plea of the plaintiffs that the documents were misplaced some where and could not be sorted out in time...
Makaradbwaja Bhoi and anr., Vs. the State of Orissa
Court: Orissa
Decided on: Dec-15-1983
Reported in: 1984(I)OLR122
Pathak, C.J.1. All these three appeals arise out of a common judgment dated 15-3-80 passed by the learned Additional District & Sessions Judge, Bhawanipatna, in Sessions Case No. 21-K/15 of 1979.Appellants Makaradhwaja Bhoi and Jhaja Bhoi have filed Jail Criminal Appeal No. 93 of 1980 and appellant Jogendra Sahu has filed Jail Criminal Appeal No. 117 of 1980. All the three appellants have also filed a regular appeal being Criminal Appeal No. 102 of 1980 through Mr. D P. Sahu, Advocate. But before the said appeal was taken up for hearing, Mr. Sahu withdrew his appearance as he was appointed Public Prosecutor for the State. In view of this contigency, we appointed Mr. Krushna Prasad Misra, Advocate, to represent the appellants in all the three appeals at the State expense.2. All the three appellants stood their trial Under-section 302/34, I. P. C. and they have been convicted Under-section 392, I. P. C. and sentenced to undergo R. I. for life.3. The prosecution case in brief is that on 2...
Sudhansu Mishrani and ors. Vs. Subal Mishra
Court: Orissa
Decided on: Dec-13-1983
Reported in: AIR1984Ori205; 1984(I)OLR348
ORDERD.P. Mohapatra, J.1. The legal representatives of the original plaintiff, Kumar Misra, have filed this revision petition challenging the order of the Subordinate Judge Sonepur setting aside the ex parte decree in Money Suit No. 7/18 of 1977-78.2. Late Kumar Mishra filed the suit for realisation of Rs. 3,000/- towards damages on account of malicious prosecution against the defendant. The said suit was decreed ex parte by the order dated 28-4-78 of the learned Subordinate Judge. The defendant filed an application under Order 9, Rule 13, C. P. C. for setting aside the ex parte decree which was numbered as Misc. Case No. 22 of 1978. The gist of his case as stated in the petition is that he is a Brahmin who earns his livelihood by begging and he was absent in the village during the period from the months of Kartik to Falguna of the year 1977 and he went to Fuljhar side in Madhya Pradesh for begging purposes. The petitioner further stated that he was not tendered any summons in the suit...
Rusava Hota Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-13-1983
Reported in: 1984(I)OLR333
D.P. Mohapatra, J.1. One of the plaintiffs' in Title Suit No. 29 of 1978 in the court of the Subordinate Judge, Sonepur has filed this Revision Petition challenging the order of the learned court below dated 1. 5. 1980 holding the suit to have abated under Section 4(4) of the Orissa Consolidation of Holding and Prevention of Fragmentation of Lands Act 1972 ( hereinafter called the 'Act' ).The plaintiffs filed the suit praying for the following reliefs.(1) A degree for perpetual injunction be passed restraining the defendants from constructing any road or any portion of the suit land either personally or through any contractor.(2) Mandatory injuction be issued against the defendants directing them to remove the materials used for the construction of the road over the suit lands and to level the lands so as to make the same fit for cultivation.(3) Permission be granted to the plaintiffs for reserving their right to file a suit for damages against the defendants.(4) The costs of the suit ...
Md. KamruddIn Jamma Vs. Ganga Prasad and ors.
Court: Orissa
Decided on: Dec-08-1983
Reported in: AIR1984Ori207; 57(1984)CLT153; 1984(I)OLR239
P.K. Mohanti, J.1. This writ application has been filed by the landlord against the appellate order of the learned Chief Judicial Magistrate, Sundargarh reversing an order of eviction passed by the learned House Rent Controller under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as the Act).2. The house in question was let out to opposite party No. 1 for the period from 1-11-1973 to 30-9-1974 on a monthly rent of Rs. 110/- and in evidence thereof an agreement was executed on 2-12-1973 vide Ext. 5. According to the terms of agreement the tenant was to pay the monthly rent within the first week of the succeeding month and to vacate the house after expiry of the lease on 31-9-1974. On 15-1-1975, the landlord filed an application under Section 7 of the Act for eviction on the grounds that the house was required by him for Ms own occupation and that the tenant was a wilful defaulter.3. The tenant filed counter denying the allegations of bona fide requirement ...
Nirod Chandra Misra Vs. Dijabara Swain
Court: Orissa
Decided on: Dec-07-1983
Reported in: 57(1984)CLT124; 1984(I)OLR117
P.C. Misra, J.1. The petitioner is an accused in the complaint case registered as I, CC. Case No. 318 of 1981.2. This revision is directed against an order of the Chief Judicial Magistrate, Cuttack dated 31-8-1981 by which the learned Chief Judicial Magistrate issued processes against the present petitioner and some others.3. The opposite party Dijabara Swain lodged an F. I. R. in the Sadar Police Station, Cuttack alleging that the present petitioner along with Lingaraj Acharya, Charulata Panda, Aparna Devi and Saila came in a vehicle and asked his wife to vacate the house. It is further alleged that Charubal a caught hold of the hand of the wife of the complainant and Lingaraj opened a bottle and threw something which, however, did not fall on his wife as she closed the door and went inside. It is also alleged that one Gandharba Sahu, the Brother-in-law of the complainant was stabbed on the upper portion of the left eye by the petitioner. The matter was investigated by the police who ...
Kotari Suri Vs. the State of Orissa
Court: Orissa
Decided on: Dec-07-1983
Reported in: 1984(I)OLR199
Pathak, C.J.1. The appellant Kotari Suri has been convicted by the learned Additional Sessions Judge, Berhampur, Circuit at Paralakhemundi, under section 302, I. P. C. and sentenced to undergo R. I. for life for causing the death of one Medi Tiwa.2. The brief narration of the prosecution case' is that the appellant suspected the deceased, a co-villager, to be in illicit connection with his wife and took exception to it. In the early hours in the morning of 8. 3. 1979, the appellant picked up a quarrel with his wife for her being in illicit connection with the deceased and attempted-to assault her. At that time the deceased chanced to come there. As the deceased tried to intervene, the appellant out of rage dealt two-blows on him with the blunt side of a spade and caused his death. It is alleged that on previous occasions also there was quarrel between the appellant and the deceased regarding the latter's illicit connection with the farmer's wife. After the occurrence the appellant absc...
Sri Brundaban Patra Vs. Priyanath Acharya
Court: Orissa
Decided on: Dec-07-1983
Reported in: 57(1984)CLT164; 1984(I)OLR147
P.K. Mohanti, J.1. This revisional application is directed against an order refusing the defendant's prayer for abatement of the suit under section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.2. The opposite party brought O.S. No. 340/59 of 1980/83(I) in the Court of the Munsif, Puri for recovery of passession of the suit lands alleging that though he had executed a usufructuary mortgage in favour of the petitioner, yet in order to avoid the provisions of the Orissa Money Lenders Act the document was scribed in the garb of a 'Kant Kabala' and that although the mortgage stood statutorily discharged the defendant did not deliver possession of the mortgaged lands.3. The stand taken by the defendant was that the document in suit is a deed of sale with a condition of repurchase and it was not meant to be a deed of usufructuary mortgage.4. During the pendency of the suit the village where the lands are situated came under the consolidation o...
Khageswar Pujari Vs. the State of Orissa
Court: Orissa
Decided on: Dec-06-1983
Reported in: 57(1984)CLT158; 1984(I)OLR142
D. Pathak, C.J.1. The appellant Khageswar Pujari has been convicted by Additional District and Sessions Judge, Bhawanipatna under section 302 I. P. C. and sentenced to under go R. I. for life for murdering his daughter Basanti, aged about 2 1/2 years.2. The facts of this case are telling and standing almost uncontroverted. The evidence on record as to the factum of infliction of injury by the appellant on the victim while she was feasting on some soaked rice in the morning of the date of occurrence is conclusive and of clinching nature.3. As the appellant was not represented by any Counsel we engaged Mr. Krutibas Kar, Advocate to represent him at the state expense.4. The only point that has been urged by the learned counsel for the appellant is that the appellant at the time of the occurrence was labouring under mental insanity covered by the general exception engrafted under section 84 of the Indian Penal Code. The learned counsel further submits that the Trial Court did not properly ...
Managing Director, the Orissa Agro Industries Corporation Ltd. Vs. Pre ...
Court: Orissa
Decided on: Dec-05-1983
Reported in: 57(1984)CLT129; 1984(I)OLR95
B.N. Misra, J.1. These twenty-seven writ petitions were heard analogously and will be governed by this common judgment. In all these, cases, petitioner is the Managing Director, Orissa Agro Industries Corporation Limited, Cuttack. In each of these cases, opposite party No. 2 claiming to be a workman in employment under the Orissa Agro Industries Corportion Limited (hereinafter reffered to as 'the Corporation') had filed a petition under Section 33-CC2) of the Industrial Disputes Act (hereinafter referred to as 'the Act') praying for computation of the monetary benifits to which they claimed to be entitled pursuant to the resolution of the Board of Directors of the Corporation accepting the report of the Fourth Pay Committee appointed by the Government of Orissa and directing implementation of the said report as accepted by the Government vide Finance Department Notification No. 652/74 dated 2-9-1974. According to the workmen-opposite parties, they are workers in the General Engineering...
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