Orissa Court December 1984 Judgments
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Putti Ramulu and anr. Vs. Smt. Kotha Gunnamma and ors.
Court: Orissa
Decided on: Dec-14-1984
Reported in: AIR1985Ori70
P.C. Misra, J.1. Defendants 1 and 2 in T.S. No. 76 of 1970 of the Court of Subordinate Judge, Berhampur, are appellants against the judgment and decree dated 30-6-1973 and 6-7-1973 respectively passed in the said suit The plaintiffs' suit was for declaration of thier title, confirmation of possession or in the alternative for recovery of possession of the suit properties described in schedules A and B of the plaint.2. The facts relevant for this appeal are as follows:One Kuti Parasuramudu was the common ancestor of the plaintiffs and defendants 1 to 5. He died on 15-5-1958 leaving his widow Puti Chitamma, adopted son Ganapati (father of defendants 3 and 4), natural sons defendants and 2 and a daughter who is plaintiff 1 in this suit Plaintiff 2 is the son of plaintiff 1. Defendant 5 is the son of defendant 1. According the plaintiffs the said family properties (were settled) by a deed of partition Ex. 1 dated 24-6-1955. In the said family settlement the suit properties fell to the shar...
Kunjalata Dei Vs. State of Orissa
Court: Orissa
Decided on: Dec-14-1984
Reported in: 1985(I)OLR72
J.K. Mohanty, A.C.J.1. The husband of the petitioner, Baikuntha Nath Patnaik, and her two sons, Biranchi and Bikram were charge-sheeted by the police on 5.9.1983 and were committed to the Court of Session for committing offences under Sections 302 and 201 read with Section 34 I. P. C The allegation against them was that they committed murder of Swarnalata (daughter-in-law of Baikuntha and wife of Biranchi) and caused disappearance of evidence of the offence committed and gave false information that the death of Swarnalata was by suicidal hanging. While the matter stood thus, the I. O. submitted a supplementary charge-sheet on 18.1.1984 arraying the petitioner as an accused. The petitioner thereafter was committed to the Court of session to stand trial. So he filed Criminal Revision No. 92 of 1984 to quash the order of commitment. This Court, by order, dated 23.3.1984 was pleased to dismiss the revision petition with the observation that the learned Sessions Judge is to consider as to w...
Regional Provident Fund Commissioner Vs. Hind Builders
Court: Orissa
Decided on: Dec-12-1984
Reported in: AIR1985Ori103; 1985(I)OLR109
B.K. Behera, J. 1. The claimant --respondent entered into an agreement with the appellant on February 9, 1973 for construction of the office building and staff quarters for the office of the Regional Provident Fund Commissioner at Bhubaneswar. As dispute arose between the parties, the matter was referred to Mr. Justice. H. Mohapatra, a retired Judge, as the sole arbitrator, by the learned Subordinate Judge, Bhubaneswar, in Miscellaneous Case No. 78 of 1980, as the learned Judge found that dispute did exist between the parties. Both the parties submitted to arbitration. The arbitrator passed a non-speaking lump sum award for a sum of Rs. 2,34,221/- with interest at the rate of 12 per cent per annum with effect from May, 5, 1981 after perusing the statements and documents put in by both the parties and hearing them. Objections were raised by the appellant before the learned Subordinate Judge who did not accept the objections because the arbitrator had given a lump sum unreasoned award an...
Orissa State Financial Corporation Vs. Gopal Chandra Ghosh
Court: Orissa
Decided on: Dec-12-1984
Reported in: 1985(I)OLR81
S.C. Mohapatra, J.1. This Civil Revision arises out of an order of the District Judge:, Cuttack, in Misc. Case No. 79 of 1981 setting aside the final order passed under section 38(7) of the Orissa State Financial Corporation Act, ( hereinafter referred to as the 'Act'), confirming the order of attachment and directing the sale of attached property of the opposite party.2. The short facts bereft of details relevant for disposal of the case, are as follows :'In the year 1971, the Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') accommodated the opposite party with some loan as per the agreement entered into with him. On the allegation that the opposite party failed to discharge the loan, the Corporation enforced the claim under section 31 of the Act. On receipt of the application, the District Judge passed an ad interim order attaching the security for the loan and issued notice to the opposite party. After the opposite party showed cause, the District Ju...
Ananta Bhottamisra Vs. Smt. Saraswati Bhottamisra
Court: Orissa
Decided on: Dec-12-1984
Reported in: 1985(I)OLR87
B.K. Behera, J.1. The petitioner has assailed the revisional order passed by the learned Additional Sessions Judge, Koraput, reversing the order passed by a Judicial Magistrate, First Class, Jeypore, disallowing maintenance claimed by the opposite party as the married wife of the petitioner, for herself and their minor child, by accepting the petitioner's case that the opposite party had been living in adultery and was not entitled to maintenance. It is not disputed that the petitioner had married the opposite party and it was in evidence that some children born to them expired. While according to the opposite party, the child in respect of whom maintenance had been claimed by her had been born through their wedlock, the petitioner's case was that this child was born not through him, but because the opposite party had been living in adultery. The learned Additional Sessions Judge has held that the verdict recorded by the learned Magistrate was unreasonable and unfounded and rejecting t...
The Orissa Kendupatra Karmachari Sangh Vs. the State of Orissa and anr ...
Court: Orissa
Decided on: Dec-12-1984
Reported in: 1985(I)OLR212
D.P. Mohapatra, J.1. The Orissa KEndupatra Karmachari Sangh (hereinafter called 'the union') a trade union registered under the Indian Trade Union Act, 1926 has filed this application under Articles 226 and 227 of the Constitution of India for quashing of the order of the State Government, dated 7. 1. 1983 refusing to refer the demands raised by it for adjudication by the Industrial Tribunal (Annex.-2) to the writ petition.The gist of the facts relevant for the present proceeding is that the members of the petitioner-Union are workmen employed by the Additional Chief Conservator of Forest (Kendu Leaves), opposite party No. 2, in the Kendu Leaves trade, monopoly right whereof is vested with the said opposite party No. 2. The Union submitted a charter of demands of 21 items to bring about improvement in conditions of service of the employees in the industry. The employer, opposite party No. 2, paid no heed to the said demands. TheUnion then raised the dispute before the conciliation offi...
Cuttack Municipality Vs. Commissioner-cum-secretary, Orissa Board of W ...
Court: Orissa
Decided on: Dec-12-1984
Reported in: 1984(I)OLR78
S.C. Mohapatra, J.1. Cuttack Municipality is the petitioner against a reversing - judgment of the District Judge, Cuttack. Money Suit No. 253 of 1977 was filed against the Secretary, Wakf Board, Orissa, for realization of tax of holding No. 362A of Ward No. 19 amounting to Rs. 1203.24 paise in respect of the years 1974-75, 1975-76 and 1976-77. Defendant denied the liability. The trial Court decreed the suit on the finding that the defendant was the owner but the same was reversed by the appellate Court.2. The assertion in the plaint is that the defendant as owner is liable to pay tax. The defendant has denied specifically the ownership of the holding. In order to be successful in the suit onus lies on the plaintiff to prove that the defendant is the owner. In discharge of the onus, the plaintiff has adduced evidence that Board of Wakf, Orissa, is the owner. The defendant is the Commissioner-cum-Secretary of such Wakf Board. The Board of Wakf being established under the Wakf Act, 1954 (...
Harihar Paik and anr. Vs. State
Court: Orissa
Decided on: Dec-12-1984
Reported in: 1985CriLJ432
B.K. Behera, J.1. The appellant Harihar, his brothers Makhnu and Srikar, his sons Safei (appellant) and Souki and Kartika alias Bidyadhar, the son-in-law of Makhnu, stood trial in the court of the learned Sessions Judge, Sambalpur, being charged Under Section 148 of the I.P.C. (for short, the 'Code') for being members of an unlawful assembly and for having committed rioting being armed with deadly weapons, such as, Tabal, axes, spear and lathis, Under Section 302 read with Section 149 of the Code for committing the murder of Gurucharan Singh (hereinafter referred to as the 'deceased') in furtherance of their common object by assaulting him to death and Under Section 323 read with Section 149 of the Code for voluntarily causing hurt to Bhola Singh (P.W. 13) in furtherance of their common object on Aug. 7, 1979, in village Bichhuan in the district of Sambalpur. The acts were committed by the appellants, as alleged, because of a long standing dispute over the possession of a piece of land...
Benguli and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-1984
Reported in: 1985CriLJ580
B.K. Behera, J.1. The appellants stand convicted Under Section 302 read with Section 149 of the Penal Code ('the Code', for short) and sentenced thereunder to undergo imprisonment for life and in addition, each of them has been convicted Under Section 148 of the Code and sentenced thereunder to undergo rigorous imprisonment for a period of one year with a direction that the sentences would run concurrently. All the appellants stood charged Under Sections 148, 302 read with Sections 149 and 302 read with Section 34 of the Code. Besides, two of them, namely, Benguli alias Subarna Khuntia and Keshaba Behera, stood charged Under Section 324 of the Code and the other appellants stood charged Under Section 324 read with Section 149 of the Code.2. The appellants, it was alleged belonging to a faction hostile to Saroj Baliar Singh (to be described hereinafter as 'the deceased') waylaid him, being armed with deadly weapons after nightfall on Aug. 20, 1980 at Khapuria crossing in the city of Cut...
Secretary to Government of Orissa, Irrigation Dept. and ors. Vs. Raghu ...
Court: Orissa
Decided on: Dec-10-1984
Reported in: AIR1985Ori182
B.N. Misra, J.1. This appeal under Section 39(1)(vi) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is directed against the judgment dt. 4-10-82 of the learned Subordinate Judge, Nayagarh in O.S. No. 18 of 1982 (Arbitration).2. The respondent is a contractor. Appellant No. 3 had entrusted him with the execution of 'Construction of Panipoila MIP' under agreement No. 187-F-2 of 1971-72. Disputes arose between the parties and as appellant No. 2 failed to appoint an arbitrator as per Clause 23 of the agreement, the respondent moved the court for appointment of an arbitrator under Section 8(2) of the Act. The application was registered as Misc. Case No. 8 of 1980 and after hearing the parties the learned Subordinate Judge by order dt. 18-11-80 read with order dt. 15-12-80 appointed Shri PrafullaChandra De, Retired District & Sessions Judge, as the Arbitrator to decide the disputes between the parties. The respondent filed a statement of claims and the appellants filed c...
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