Orissa Court March 1984 Judgments
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Sarat Kumar Malu Vs. State of Orissa
Court: Orissa
Decided on: Mar-15-1984
Reported in: 57(1984)CLT381; 1984CriLJ984
ORDERG.B. Patnaik, J.1. The petitioner, registered owner of truck No. ORX 8589, challenges the legality of the order of the Sub-Divisional Judicial Magistrate, Khurda, dated 24-8-1983 whereunder the learned Magistrate has rejected the prayer of the petitioner for release of the truck. The truck in question was seized by the officials of the forest department on 24-6-1983 on the allegation that certain teak logs were stealthily being removed in the said vehicle and thereby an offence under the Orissa Forest Act (14 of 1972) (hereinafter referred to as the Act) is said to have been committed and the vehicle in question was used in committing such offence. The petitioner filed an application in the court of the Sub-Divisional Judicial Magistrate on the ground that he is the registered owner of the vehicle and had absolutely no knowledge about carrying of any teak logs in the vehicle and in the interests of justice, the truck should be released in his favour. By the impugned order, the lea...
Abhan Singh Vs. Election Officer, Raighara Grama Panchayat and ors.
Court: Orissa
Decided on: Mar-14-1984
Reported in: AIR1985Ori135; 57(1984)CLT451
P.C. Misra, J.1. The petitioner was a candidate for election to the office of Sarpanch of the Raighara Grama Panchayat for which he had filed his nomination. Opposite Party 3, Dhanuram Ganda, raised an objection against the candidature of the petitioner on the ground that the petitioner had been described as Abhan Singh Rajput at serial No. 82 against Holding No. 43 of the electoral roil whereas he had signed the nomination paper as Abhan Singh without mentioning 'Rajput' after his name. The Election Officer-Opposite Party No. 1 by his order D/- 24-12-83 (vide Annexure-2) rejected the nomination paper of the petitioner on the ground that the petitioner's name did not tally with the name given in the electoral roll. Consequently, the list of validly nominated candidates did not contain the name of the petitioner for which he could not contest the election. Therefore, the petitioner has prayed for quashing of Annexure-2 and also for quashing the election held without giving him an opport...
Brajabehari Patnaik Vs. Hari Behera and ors.
Court: Orissa
Decided on: Mar-13-1984
Reported in: 57(1984)CLT442; 1984(I)OLR406
G.B. Patnaik, J.1. Plaintiff is the appellant against a reversing judgment in a suit for declaration that the orders passed by the revenue officers in 'the O.L.R. proceedings are without jurisdiction, null and void and for permanent injunction against the defendants restraining them from entering upon the suit lands.2. According to the plaintiff, one Iswar Behera, the recorded sikkimi tenant with respect to the suit lands filed an application, to be declared as a raiyat under sub-section (5) of Section 4 of the Orissa Land Reforms Act (here in after referred to as the 'Act') which was registered as O. L. R. Case No. 260 of 1967, The Revenue Officer in the said proceeding passed an order in favour of the applicant Iswar Behera on 24. 7. 1969 and the said order was confirmed in appeal by the Sub-Divisional Officer in O. L. R. Appeal No. 50 of 1971 by order dated 19. 5. 1971. The Revenue Officer had directed to pay the compensation amount to the tune of Rs. 542.90 paise within one year fr...
Ananta Dixit Vs. State
Court: Orissa
Decided on: Mar-08-1984
Reported in: 57(1984)CLT429; 1984(I)OLR381
B.K. Behera, J.1. The appelant and another co-accused person, namely, Baina Das, stand convicted for commission of an offence of dacoity under Section 395 of the Indian Penal Code and sentenced thereunder to undergo rigorous imprisonment for a period of five years by Mr. G. S. Patra, then functioning as the Additional Sessions Judge, Balasore, by his judgment and order of conviction dated the 30th September, 1983, solely based on the confession of one of the accused persons, namely Narendra Behera, who had stood trial previously with the other accused persons and not jointly with the appellant and the co-accused Baina Das and who had implicatad himself and the appellant and the accused Baina Das in the commission of the crime of dacoity in the house of Dibakar Jena. (P W. 1) at village Keratapadia in the District of Balasore during the night of the 6th/7th November, 1975 in the course of which the culprits were alleged to have removed cash and other properties after-assaulting the inma...
Pampilas Bagh Vs. the State
Court: Orissa
Decided on: Mar-07-1984
Reported in: 57(1984)CLT520; 1984(I)OLR337
B.K. Behera, J.1. The petitioner stands convicted under Section 457 and 380 of the Indian Penal Code (for short, 'the Code') and has been sentenced under the first-mentioned Section to undergo rigorous imprisonment for a period of two years and under the latter Section to undergo rigorous imprisonment for a period of one month and to pay a fine of Rs. 500/- and in default of payment thereof, to undergo rigorous imprisonment for a further period of three months with a direction that the substantive terms of imprisonment would run concurrently. The order of conviction recorded by the trial court has been maintained by the appellate court-2. The petitioner, it was alleged, committed house-breaking and entered into the dwalling house of Tonkodhara Khiller (P. W. 21 and committed theft of clothes during the night of the 10th July, 1980. He had then an iron instrument and a torchlight with him. He was caught and a report was lodged at the Papdahandi Police Station. Investigation followed and...
Divisional Railway Manager Vs. M. Laxmi Bai
Court: Orissa
Decided on: Mar-06-1984
Reported in: II(1984)ACC108; 57(1984)CLT337
P.C. Misra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 by the Divisional Railway Manager, S.E. Railway, Khurda Road against the order of the Workmen's Compensation Commissioner dated 24-4-1982 in WCC No.25/81.2. An application was filed by the widow of late M. Appalaswamy, Driver G.C. praying for compensation on account of the death of her husband while on duty as an employee of Railway Administration. She claimed a compensation of Rs. 24000/- against the present appellant before the Commissioner under the Workmen's Compensation Act. The Railway Administration filed their reply to the notice issued in pursuance of the application under Compensation Act alleging that the deceased M. Appalaswamy was not a workman as defined in the Workmen's Compensation Act. It was alleged that the monthly wages of late M. Appalaswamy was more than Rs. 1000/-. Thus it excludes him from the definition as given in the Act. A calculation sheet indicating the average pay ...
Siba Prasad Dashson Vs. Kali Charan Dash
Court: Orissa
Decided on: Mar-01-1984
Reported in: AIR1984Ori108; 57(1984)CLT560
ORDERD.P. Mohapatra, J.1. This revision is directed against the order dated 29-7-1980 by the Subordinate Judge, Bargarh in Title Suit No. 91/70 (holding that the suit abates in part under Section 7(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act').Before coming to the facts relevant for the purpose of the case it will be helpful to give the genealogy showing relationship between the parties: Dhanpati Dash(Died on 8-12-1954) | ________________________________________________________________ | | | | | Sebak Bhakta Prasad Ramprasad Shiba Prasad kalicharan (died in 1933) (died in 1969) (died in 1948) (Defdt.4) (Defdt.1) | | | | | | = Sushila | Ashmati | ______________________ | | | ____________________________ | | | Bairagi Charan Premalata Govinda Prabhat Rajani (c.D2) (D.3) (PLf.1) (Plf.2) (Plf.3)The petitioner along with opposite parties 4, 5 and 6 filed the suit praying for the following reliefs :--(a) P...
Modern United Traders Firm Vs. Ramkisan Narayan Prasad Firm and ors.
Court: Orissa
Decided on: Mar-01-1984
Reported in: AIR1986Ori124
ORDERD.P. Mohapatra, J.1. The plaintiff in O. S. No. 29 of 1974-III in the court of the Subordinate Judge, Bhadrak is the petitioner in this revision challenging the order dated 21-8-1980 rejecting his petition for amendment of the plaint.2. The petitioner filed the suit for recovery of Rs. 42,844,00 from the opposite parties, inter alia on the allegations that the said amount is due from the defendants (opposite parties) on the khata account opened by them with the petitioner-Firm. The petitioner further alleged that on 16-2-1971 opposite party No. 3, Babulal Mahawar came to the petitioner-Firm and calculated the amount outstandingon the Khata account to be Rs. 36,382.92. He paid Rs. 2,400.00 on that day leaving and promised to pay the balance amount of Rs. 33,982.92 paise. According to the petitioner, it was agreed between the parties that the opposite parties would pay interest at the rate of 9 per cent per annum on the outstanding dues. Calculated at that rate the amount due toward...
Bishnu Charan Naik Vs. Harihar Sabu and ors.
Court: Orissa
Decided on: Mar-01-1984
Reported in: 57(1984)CLT334; 1984CriLJ836
ORDERD.P. Mohapatra, J.1. This revision is directed against the order dated 9-7-1981 by the Sessions Judge, Ganjam-Boudh, Berhampur in Criminal Revision No. 8 of 1980-81 and setting aside the order of the Executive Magistrate, Boudh in a proceeding under Section 145 Criminal Procedure Code.2. On a petition filed by the petitioner, Criminal Misc. Case No. 40/78 was instituted under Section 144 Criminal Procedure Code wherein, the preliminary order restraining the opposite parties from entering upon the land in question was passed on 18-7-1978. After hearing the objection filed by Narayan Sahu one of the members of the 2nd party-opposite party No. 4 in this revision petition, the proceeding was converted to one under .Setcion 145 Criminal Procedure Code. The disputed land is 0.62 cents in plot No. 374 under holding No. 91 in village Godubhelipadar. For the very same land another proceeding bearing No. 121 of 1979 under Section 145 Criminal Procedure Code was instituted between the same p...
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