Orissa Court July 1983 Judgments
Narahari Prusty Vs. the State
Court: Orissa
Decided on: Jul-19-1983
Reported in: 1984(I)OLR1
B.K. Behera, J.1. The appellant assails the judgment and order recorded by the learned Assistant Sessions Judge, Athagarh, finding him to be guilty of the charge of dacoity, convicting him under section 395 read with section 75 of the Indian Penal Code (for short, the 'Code') in view of his previous conviction in a case of dacoity and sentencing him thereunder to undergo rigorous imprisonment for a period of nine years. Another co-accused person, namely, Satyabadi alias Bajia Naik, also stood trial and was convicted under section 395 read with section 75 of the Code in view of his previous conviction in a case of robbery and sentenced thereunder to undergo rigorous imprisonment for a period of seven years. The case of the prosecution was that during the night of the 18th/19th August, 1979, the appellant and the co-accused person along with three others, being armed with deadly weapons, committed dacoity in the house of Mukunda Charan Khuntia (P.W. 13) at village Badabara singh, causing...
Tag this Judgment!Potula Subba Rao Vs. G. Ganga Rao
Court: Orissa
Decided on: Jul-14-1983
Reported in: AIR1985Ori140
ORDERG.B. Patnaik, J.1. Defendant is the petitioner against the Judgment of the Subordinate Judge, Bargarh, in Money Appeal No. 5 of 1977. Originally a second appeal had been filed but being confronted with the provisions of Section 102 of the Civil P.C., the Second Appeal has been convened to a civil revision.2. Plaintiff filed the suit for recovery of a sum of Rs. 730/- on the allegation that the defendant had taken a loan of Rs. 575/- from him on 19-8-1971 with the promise to repay it with interest at the rate of 12 per cent per annum and since the defendant did not repay the amount in spite of service of a registered notice on 1-8-1973, the suit was filed.3. The defendant filed a written statement taking the stand that the plaintiff has been paid all his dues under receipt Dt. 14-7-1973 executed by the plaintiff in favour of Potula Venkata Satyanarayana Murty, the brother of the defendant, living in joint mess and property and, therefore, the suit was liable to be dismissed.4. The ...
Tag this Judgment!Dr. Sarojini Pradhan Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Jul-11-1983
Reported in: AIR1984Ori9; 56(1983)CLT388
Behera, J.1. Challenge in this application under Arts. 226 and 227 of the Constitution is to the orders (Annexures 1, 6 and 11) refusing to grant prospecting licence for graphite over an area of 46.07 hectares in village Tentulipodar in the district of Koraput by the State and Central Governments on an application made by the petitioner on 25-8-1973 before the Collector, Koraput, annexing the documents as required under the Mineral Concession Rules, 1960 (for short, the 'Rules'). As the State Government did not dispose of the application within the prescribed period of twelve months, the application was deemed to have been refused under Rule 11 (1) of the Rules and thereupon the petitioner made an application in revision before the Government of India (opposite party No. 1) under Rule 54 of the Rules in Nov., 1974. The opposite party No. 1 allowed the application, set aside the deemed order of refusal and directed the State Government (opposite party No 2) to consider and pass appropri...
Tag this Judgment!Nilu and ors. Vs. the State
Court: Orissa
Decided on: Jul-11-1983
Reported in: 56(1983)CLT123; 1983CriLJ1590
B.K. Behera, J.1. The petitioners, accused of offences punishable under Sections 120-B, 147, 148 and 302 read with Section 149 of the Indian Penal Code, besides other offences, in the court of the Subdivisional Judicial Magistrate, Chatrapur, in the district of Ganjam, for having formed an unlawful assembly being armed with dangerous weapons and committed the murder of Pratap Swain in furtherance of their common intention after a criminal conspiracy, assail the order under Section 439(2) of the Cr. P.C. (for short, the 'Code') passed by the learned Sessions Judge, Ganjam-Boudh, Berhampur, cancelling the bail granted to them by the learned Subdivisional Judicial Magistrate under the proviso to Section 167(2) of the Code, as the investigation was not completed within a period of ninety days. Each of the petitioners had been released on a bail of Rs. 5,000/-with two sureties each for the like amount subject to the conditions that (i) the petitioners would not leave the jurisdiction of the...
Tag this Judgment!Land Acquisition Officer Vs. A. Krishna Murty Patnaik
Court: Orissa
Decided on: Jul-06-1983
Reported in: AIR1984Ori6; 56(1983)CLT100; 1984(I)OLR34
G.B. Patnaik, J. 1. Land Acquisition Officer, Ganjam, is the appellant in this appeal impugning the order of the Subordinate Judge, Berhampur, in Land Acquisition M.J.C. No. 185 of 1970 whereunder the learned Subordinate Judge has enhanced the market value of the acquired land and fixed the same at the rate of Rs. 25,000/- per acre. In addition, the learned Subordinate Judge has also awarded fifteen per cent solatium. 2. The subject-matter of consideration in this appeal is 1.35 cents of land appertaining to survey Ncs. 348/2F and 348/21 of village Bhapur acquired for the purpose of construction of a medical college in Berhampur town by a notification dt. 5-1-1982 (1962?). Notification under S. 6 of the Land Acquisition Act (hereinafter referred to as the 'Act') was published in the Orissa Gazette on 20-4-1962. The Land Acquisition Officer determined the market price of the land at the rate of Rupees 8,230/- per acre and also awarded fifteen per cent solatium. Objection to the award be...
Tag this Judgment!Raghunath Behera Vs. Revenue Divisional Commissioner (Southern Divisio ...
Court: Orissa
Decided on: Jul-06-1983
Reported in: AIR1983Ori281; 56(1983)CLT209
Beheka, J.1. The petitioner Raghunath Behera, 'Keuta' (fisherman) by caste and a fisherman by profession, who claims himself to be a member of the Manikeswar Fishermen Co-operative Society, Berhampur, of which there is no supporting material and which has been denied by the opposite parties, calls in question and prays for quashing of Annexure-8, the order dt. 25-8-1981, conferring fishery rights on the opposite party No. 4 Jalandhar Behera, a retired Fishery Extension Officer, with knowledge and experience in pisciculture and a member of the Scheduled Castes and in addition, a fisherman by caste, in respect of 'Dhoba-bandho' fishery sairat in village Shan-karpur under the Berhampur Tahsil for a period of five years on an annual lease value of Rs. 3,000/- as being arbitrary, illegal and violative of the rules contained in the Manual of Tehsil Accounts and instructions issued by the Government, as per Annexures 1 and 2, for giving preference to the co-operative societies or where no via...
Tag this Judgment!Chalku Vs. State
Court: Orissa
Decided on: Jul-06-1983
Reported in: 56(1983)CLT205; 1983CriLJ1717
P.K. Mohanti, Actg. C.J.1. This is a prisoner's appeal presented through the Superintendent of Jail against his conviction under Section 302, I.P.C. and the sentence of imprisonment for life.2. The charge against the appellant was that on 3-7-1977 about 3 p.m. the appellant intentionally caused the death of Gula Minz of village Chandiposh under Biramitrapur Police Station in the district of Sundergarh by dealing axe-blows on him.3. The appellant belongs to village Lanjibarga which is at a distance of about half a mile from the house of the deceased Gula Minz. There was ill-feeling between the appellant and 'the deceased over the repayment of a loan. To add to it, on the date of occurrence a bullock of the appellant suddenly died and he suspected that the deceased got it killed by practising witchcraft. In this background, it was alleged that on 3-7-1977 about 3 p.m. the appellant went to the house of the deceased and enquired from his wife Hauri Minz (P. W. 2) as to the whereabouts of ...
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