Orissa Court June 1984 Judgments
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Smt. Dhara Dei Vs. Prafulla SwaIn and ors.
Court: Orissa
Decided on: Jun-29-1984
Reported in: 58(1984)CLT101; 1984(II)OLR621
K.P. Mohapatra, J.1. This appeal is directed against the order passed by the Judicial Magistrate, Baramba, acquitting respondents 1 and 3 from charges under Section 494 and 494/109 I. P. C. respectively. The complainant is the appellent.2. Stated in brief the case of the appellant, Dhara Dei (P. W. 1), was that she was legally married to respondent No. 1, Prafulla Swain and both of them led a conjugal life. There was misunderstanding between her father (P.W. 2) and father-in-law, respondent No. 3 relating to dowry at the time of her marriage. She came to the house of her father according to custom, but on account of the aforesaid misunderstanding, she was not taken back to her matrimonial home. On the other hand, on 3. 12. 1979, respondent No. 1, Prafulla married respondent No 2, Tava Dei daughter of Mana Naik of Salijanga. During the subsistence of her marriage with respondent No. 1, Prafulla, the second marriage having been contracted was void according to law. Respondents 1 and 2, t...
Steel Authority of India Ltd. Vs. S.N. Patnaik
Court: Orissa
Decided on: Jun-28-1984
Reported in: AIR1985Ori123
ORDERR.C. Patnaik, J. 1. This revision is directed against an order of rejection of an application filed under Order 9, Rule 4 of the Civil P. C. for restoration of a suit dismissed for default of both parties on 8-3-1979.2. On the motion of the parties the suit was posted for hearing on 8-3-1979. On 27-2-1979 the learned counsel for the plaintiff-petitioner filed an advance application for adjournment of the suit beyond 11-3-1979 on the ground that from 8-3-1979 he would be away at Delhi to assist the senior counsel in some matters pending before the Supreme Court. The learned Subordinate Judge directed the matter to be called on 8-3-1979. That day the prayer for adjournment was refused and the case was taken up for hearing. As both the parties remained absent, the suit was dismissed for default of both the parties. On 7-4-1979 an application under Order 9, Rule 4 of the Civil P, C.was filed by the petitioner for restoration of the suit. It was pleaded that the counsel was to instruct...
Smt. Bimala Nepak Vs. Budhulal Sahoo
Court: Orissa
Decided on: Jun-27-1984
Reported in: AIR1985Ori278
ORDERD.P. Mohapatra, J. 1. This revision petition is directed against the order dt. 4-8-1980 by the Munsif, Bargarh rejecting the petitioner's application under Order 21, Rule 58, Civil Procedure Code. 2. Budhulal Sahoo, the predecessor-in-interest of opposite party, Purusottam Sahoo, filed a House Rent Control Proceeding (H.R.C. Case No. 1/1969) for eviction of the tenant, Bhimsen Mohanty and the order of eviction of the tenant was passed in the said suit. The order of eviction was put to execution in Execution Case No. 23/1972 in the Court of the Munsif, Bargarh. In the schedule to the execution petition the house in question was described as 'House standing on plot No. 750 AD.01/2 decimal bounded by the Uma Talkies Road in the East, North-House of Brusabhanu Panda, South House of Kunjabehari Nepak, the father-in-law of judgment-debtor.' The Execution Case was filed by the present opposite party, then a minor, through his next friend Chhotelal Sahu. In the said case the petitioner wh...
Jogeswar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Jun-27-1984
Reported in: 1984CriLJ1232
D. Pathak, C.J.1. This appeal from jail is directed against the judgment and order passed by the learned Additional Sessions Judge, Bhawanipatna, convicting the appellant Under Section 302, I.P.C. for causing the death of one Gobinda Prasad Dubey and sentencing him to R.I. for life.2. A brief narration of the prosecution case leading to the present appeal is that on the night of September 20/21, 1978 while the deceased was sleeping on his Thela (push-cart) in Junagarh, the appellant killed him by inflicting injuries on his person with a Tangia. It is further alleged that towards the small hours of 21st September, 1978, Saraswati, the concubine of the deceased, came out of her house and saw that her parmour who was asleep on his Thela just in front of her house was lying dead. She went near him and found blood-stains on his clothings which were lying disturbed. Thereafter she brought a lamp from her house and on examining the deceased she found numerous injuries on the left part of the ...
Bhuban Chandra Dutta Gupta Vs. General Manager, Orissa State Road Tran ...
Court: Orissa
Decided on: Jun-26-1984
Reported in: AIR1985Ori19
D.P. Mohapatra, J.1. This appeal by the claimant is directed against the judgment dated 2nd July, 1981 of the Second Motor Accidents Claims Tribunal, Balasore (hereinafter referred to as 'the Tribunal') in Misc. Case No. 79(c) of 1977 rejecting his application for compensation.On 14-7-1977 the appellant was travelling in the bus bearing Registration No. ORB 2312 belonging to the Orissa State Road Transport Corporation (Respondent No. 1) from Bhubaneswar to Balasore. The said bus met with an accident at about 4 P.M. near Akhuapada on the National Highway when it collided with the truck bearing No. WCB 2641 belonging to Ranjit Kumar Samui (Respondent No. 2). The Oriental Fire and General Insurance Company Ltd. (Respondent No. 3) is the insurer of the truck. The appellant alleged that due to the accident he sustained a fracture on his right leg for which he was hospitalised at Balasore for two days. Thereafter, he was treated at his residence and the treatment was still continuing at the ...
K.T. Abraham Vs. P.J. Vergese
Court: Orissa
Decided on: Jun-26-1984
Reported in: 58(1984)CLT91; 1984(II)OLR809
D.P. Mohapatra, J.1. The short question involved in this revision relates to the correctness of the order dated 27.5.1981 in Criminal Appeal No. 53/53K-80 of the appellate Court directing the property in question, a tyre retrading machine, to be returned to the opposite party.2. G. R. Case No. 473/1977 (T. C. No. 173/78) was initiated against the opposite party on the information lodged by the petitioner. The allegations made by the petitioner were that he purchased a tyre retrading machine and leased it out with its accessories to the opposite party on a monthly tent of Rs. 1,000/- on 17. 2. 1974 for a period of three years i. e., till 16. 2. 1977. Subsequently, the period of lease was reduced to two years i. e., till 16. 2. 1976, by a supplementary agreement. The opposite party paid rent upto 17. 2. 1975 in accordance with the terms of the agreement and stopped payment thereafter. After expiry of the lease period the petitioner approached the opposite party to hand over the machine a...
Chhala Banchhor Vs. Rajan Banchhor and ors.
Court: Orissa
Decided on: Jun-26-1984
Reported in: 1984(II)OLR650
D.P. Mohapatra, J.1. The short question involved in this case is whether the amendment of the judgment and decree sought for by the petitioner comes within the scope of Section 152, C. P. C. The Court below having rejected the petitioner's application under Section 152, C. P. C, the revision petition has been filed impugning the said order.The petitioner filed Title Suit No. 65 of 1975 in the Court of the Munsif, Bargarh, for declaration of title over plaint 'A' Schedule land and for recovery of possession of the same. The suit was decreed by the Court by its judgment dated 21st of August, 1979. The ordering portion of the judgment reads as follows :'That the suit be decreed on contest against the defendants with costs. The title of the plaintiff to the suit property is hereby declared and the defendants are directed to make over possession of the suit property to the plaintiff within 15 days hence, in default, the plaintiff shall be entitled to recover possession of the same through C...
Kolha Jena Vs. Pravakar Patra and anr.
Court: Orissa
Decided on: Jun-26-1984
Reported in: 58(1984)CLT115; 1985CriLJ1837
ORDERD.P. Mohapatra, J.1. The order of the Sub-Divisional Magistrate, Anandapur in a' proceeding under Section 145, Criminal P.C. declaring possession in favour of opposite party; No. 1 the first party, is impugned in this revision' petition. The petitioner was one of the members of the second party in the said proceeding.On a petition filed by opposite party No. 1, the learned Magistrate passed an order under Section 145(1) on 17-11-1980 and called upon the parties to file written statements and documents, if any, and appear before him on 17-12-80 for hearing. By the same order he attached the crop standing on the disputed; land under Section 145(b), Cr. P.C. and appointed the R.I. as Receiver for harvesting the crops. This order of the Court was promulgated in presence of the petitioner as well as opposite party No. 2, on 17-11-80 as reported by the A.S.I., Ramachandrapur P.S. The Revenue Inspector, Khaliamenta who was appointed us the Receiver harvested the crop from the disputed la...
Sania Dora Alias Badnaik Vs. State
Court: Orissa
Decided on: Jun-22-1984
Reported in: 1984(II)OLR665
B.K. Behera, J.1. The appellant stands convicted under Section 302 of the Indian Penal Code, for having committed the murder of Sama Dora ( hereinafter described as 'the deceased' ) by dealing an axe-blow on his head on February 12, 1979 at village Chalanpada in the district of Koraput. The order of conviction has been based on the evidence of the two witnesses to the occurrence, namely, P. Ws. 2 and 3.2. It is not disputed at the Bar that the appellant's act had resulted in the death of the deceased. Mr. Routray has submitted on behalf of the appellant that the appellant had the right of private defence of the person of the co-accused Sania Dora at whom the deceased had shot an arrow. The appellant had not pleaded the right of private defence in his statement before the trial Court. Such a plea can, however, be sustained if it is spelt out of the prosecution evidence. As has been submitted by Mr. Rath for the State, there are no materials to indicate that at the time the fatal assault...
Sauney Majhi and anr. Vs. Duli Dei and ors.
Court: Orissa
Decided on: Jun-21-1984
Reported in: AIR1985Ori22
P.C. Misra, J. 1. Defendants 1 and 2 are the appellants in this appeal. The suit is for declaration of right, title and interest in respect of the properties described inSchedule 'B' of the plaint and for a further declaration that the mutation of the suit lands in favour of defendants Nos. 1 and 2 is void and that the sale deeds executed by the defendants as per the list given in Schedule 'C of the plaint are void and inoperative transactions and for recovery of possession of the suit lands.The plaintiff was a minor and has sued through her next friend, the maternal grandfather. The suit was filed by her as an indigent person.2. The plaintiff's case is that the suit lands belonged to one Gangu Majhi who died leaving behind his widow, Bhagu Bewa, and the only daughter. Duli Dei and her husband, Barsa Majhi, both predeceased Bhagu Bewa leaving their only son Piru Majhi, their other son Gangu having died during their lifetime. Piru and his wife both died leaving behind the plaintiff as t...
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