Orissa Court September 1983 Judgments
State of Orissa Vs. R.N. Misra
Court: Orissa
Decided on: Sep-30-1983
Reported in: AIR1984Ori42
B.N. Misra, J. 1. This appeal has been filed by the State of Orissa represented by the Executive Engineer, Ramiala Canal Division, Kamakhyanagar, Dis-trict-Dhenkanal against the judgment dated 16-2-1982 passed by the learned Subordinate Judge. Bhubaneswar in O. S. No. 293 of 1981-1 making the award of the learned Arbitrator a rule of the Court subject to the modification that future interest is to be limited only to the principal claim of the respondent. 2. The respondent was entrusted with certain works under the Ramiala Irrigation project by the Executive Engineer. Ramiala Canal Division under agreement No. 4 F-2 of 1978-79. As disputes arose between the parties, the Additional Director of Designs, Bhubaneswar was appointed as the Arbitrator to decide the disputes. Bv his order dt. 20-11-1981 the learned Arbitrator gave an award for a sum of Rs. 2,54,048.50 paise to be paid by the appellant to the respondent besides refund of the security deposit and earnest money. The learned Arbitr...
Tag this Judgment!State of Orissa and anr. Vs. Puri Municipality and ors.
Court: Orissa
Decided on: Sep-30-1983
Reported in: AIR1984Ori132; 57(1984)CLT111
ORDERR.C. Patnaik, J.1. This revision arises from an order of temporary injunction granted by the trial court and confirmed in appeal.2. The plaintiffs-opposite parties 2 to 6 brought a representative action seeking permanent injunction against the defendants who are the State of Orissa, its Executive Engineer and the Puri Municipality, restraining them from making any construction on the area marked 'red' in the sketch map appended to the plaint.3. The plaintiffs averred that one of them was an ex-member of the Legislative Assembly and the rest were freedom-fighters. They brought the action as representatives of the civil community of Puri to preserve and protect a piece of Government land earmarked for the construction of 'Gandhi Memorial'. It was alleged that over a part of the land where the proposed memorial was to be raised, the petitioner had commenced construction of an inspection bungalow.4. Bapuji breathed his last on 30th January, 1948. His holy ashes were immersed in the Ba...
Tag this Judgment!Banamali Tripathy Vs. Biswanath Pattanaik (Deceased by L.R.) and ors.
Court: Orissa
Decided on: Sep-30-1983
Reported in: AIR1984Ori145
R.C. Patnaik, J. 1. This is a plaintiff's second appeal from an action for recovery of possession. The decree granted to him by the trial court has been reversed by the lower appellate court. 2. One Gobinda Panda had three sons, namely. Bhima. Madhaba alias Pada and Shyamsundar. After Gobinda's death, the three brothers separated and partitioned their property. Madhaba and Shyam sold their shares to Bhima who thus became the absolute owner of 1.80 acres. For legal necessity, Bhima sold the entire 1.80 acres to the plaintiff by registered sale deed dated 4-8-1905 and delivered possession of the property sold. The plaintiff sold 1.15 acres to Balabhadra Kar and Krupasindhu Dash and retained Ac. 0.65 with him which is the subject matter of the suit. It may be stated here that Bhima us the Karta of the joint family consisting of his brother, himself and members of the family had earlier executed a simple mortgage in favour of Biswanath, defendant No. 1. On 25-11-1968, defendant No. 1 filed...
Tag this Judgment!Ram Bhagat Agarwala Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-30-1983
Reported in: 1984CriLJ392
B.K. Behera, J.1. Challenge in this writ application under Articles 226 and 227 of the Constitution of India is to the order of detention of the petitioner under Section 3(1) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') by the District Magistrate, Sambalpur, by his order dated Apr. 8, 1983.2. Mr. Ranjit Mohanty, appearing on behalf of the petitioner, has contended that there has been infraction of the mandatory provision contained in Section 3(4) of the Act requiring the State Government to report the fact of detention after its approval to the Central Government within seven days from the date of approval together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order. It has also been submitted on behalf of the petitioner that some of the grounds of detention are not only unfounded, but vague in c...
Tag this Judgment!Lachhman Dhublia Vs. the State
Court: Orissa
Decided on: Sep-29-1983
Reported in: 1984(I)OLR20
P.K. Mohanty, J.1. This appeal has been preferred against an order of conviction under Section 302, I. P. C. and sentence of imprisonment for life.2. The charge against the appellant was that on 6-5-79 about 8 P. M. he committed the murder of Ramachandra Dhublia of village Anta under Jeypore Police Station in the district of Koraput by dealing a knife blow on his neck. It was alleged that while the deceased was talking to P. W. 3 Damaru Naik on presence of his neighbour P. W. 5, the appellant went there and addressed the deceased as 'MISA DHUBLIA' thereby meaning that the deceased was of mixed-breed. The deceased took exception to such utterance. There ensued a quarrel between the two in course of which the deceased gave a slap to the appellant. This was followed by a scuffle between the two and the deceased pushed the appellant to some distance. Then the appellant came near the deceased and dealt a blow on his neck with the knife which he was holding and left the place. The knife blow...
Tag this Judgment!Sundar Bairagi Vs. the State
Court: Orissa
Decided on: Sep-29-1983
Reported in: 1984CriLJ124
P.K. Mohanty, J.1. The appellant was tried for an offence under Section 302. I.P.C. for having caused the death of his wife Bhagabati and also for an offence under Section 309. I.P.C. for attempting to commit suicide. He was found guilty of both the offences and sentenced to undergo imprisonment for life for the offence under Section 302. I.P.C. and simple imprisonment for six months for the offence under Section 309. I.P.C. Both the sentences were directed to run concurrently.2. Prosecution case may be briefly stated as follows:On the night of 7th January. 1979 the appellant with his wife and two children - a son aged four years and a daughter aged six months - was sleeping in his house. One Purendar Tarasia a leper was taking shelter on the outer verandah of the house of the appellant. Some time before dawn the said Purandar Tarasia raised a cry that the children of the appellant were crying and that something unusual had happened in his house. The cry raised by Purandar attracted th...
Tag this Judgment!Chandra Pati Vs. Badi Gigira and ors.
Court: Orissa
Decided on: Sep-28-1983
Reported in: 1984(I)OLR69
B.K. Behera, J.1. In this appeal arising out of the order of acquittal recorded by the trial court under section 256 of the Code of Criminal Procedure (for short, the 'Code') in which the appellant was the complainant and the respondents were the accused persons owing to temporary absence from the court of the appellant, Mr. Mohapatra appearing on behalf of the appellant has submitted that the trial court had improperly exercised its jurisdiction by recording an order of acquittal although earlier on the date of hearing i. e, on September 22, 1979, the appellant was ready for hearing and had filed a list of his witnesses and during his temporary absence when he went out to ease himself, the case was called and the order of acquittal was recorded. In spite of service of notices, the respondents have not entered appearance.2. Section 256 of the Code provides.'Non-appearnce or death complainant.(1) If the summon has been issued on complaint, and on the day appointed for the appearance of ...
Tag this Judgment!Maringa Kondh Alias Krupeti Vs. the State
Court: Orissa
Decided on: Sep-23-1983
Reported in: 57(1984)CLT210; 1984(I)OLR213
B.K. Behera, J.1. Upon hearing the learned counsel for the appellant and the learned Additional Standing Counsel and after perusing the record, we would accept the finding recorded by the learned Sessions Judge based on the evidence of the doctor (P. W. 1), who had conducted the autopsy of the deceased Pongasa kondh. that death was homicidal in nature and as has fairly been submitted by the learned counsel for the appellant, the learned trial Judge had riguty accepted the evidence of Benja Kandha (P. W. 6). Ranjt Kandhuni (P. W. 7) and Hinjamalu Kandhuni (P. W. 8), the brother, daughter and widow respectively of the deceased- P. W. 7 being the wife of the appellant- to the effect that or. July 16, 1979, after these witnesses, the deceased and the appellant took their food together in the farm house of the deceased at Dabarkona and then the appellant wanted to bring back his wife, who intended to stay for a day more and the deceased did not want to leave his daughter, the appellant drag...
Tag this Judgment!Dr. Ashok Kumar Mishra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-22-1983
Reported in: AIR1984Ori121; 1984(I)OLR248
G.B. Patnaik, J.1. These two writ petitions filed by some doctors already in Government service seeking admission to the R. H. S. Course for the current year raise common questions of fact and law and as such are being disposed of by this common judgment.2. In O. J. C No. 1569 of 1983, there are five petitioners out of which the case of petitioner No. 5 stands on a slightly different footing and, therefore, bis case will be considered separately. In O. J. C. No. 1679 of 1983, there are eleven petitioners. All these petitioners in both the writ petitions were appointed as Assistant Surgeons in the State Medical and Health Services Cadre on ad hoc basis for a period of six months with effect from the date of their joining or till the recommendations of the Orissa Public Service Commission for appointment as regular Assistant Surgeons are received or until further orders whichever is earlier. The appointment orders of the petitioners have been annexed to the writ petitions as Annexures 2 ...
Tag this Judgment!Mansidh Suria Vs. Republic of India
Court: Orissa
Decided on: Sep-22-1983
Reported in: 1984CriLJ593
ORDERB.K. Behera, J.1. The petitioner assails the judgment and order passed by the learned Additional Sessions Judge, Puri, upholding the order of conviction and sentences passed against him by the learned Additional Chief Judicial Magistrate, Bhubaneswar, under Sections 420, 468 and 467 read with Section 471, Penal Code (for short, 'the Code') with, sentences of rigorous imprisonments for a term of three years under Section 420, for term of three years under Section 468 and for a term of five years under Section 467 read with Section 471 of the Code with a direction that the sentences would run concurrently.2. The petitioner, it was alleged, while serving at the relevant time as an Assistant Postmaster in the Rourkela Post Office in the district of Sundargarh, cheated the Government of India and committed forgery and used a false document as genuine by falsely scribing an application (Ext. 26/3) purported to be that of Trilokya Chand Bhumji ('the deceased', for short), although, the p...
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