Orissa Court July 1984 Judgments
Gopal Chandra Chaudhury Vs. the Life Insurance Corporation of India
Court: Orissa
Decided on: Jul-31-1984
Reported in: AIR1985Ori120; 58(1984)CLT352
ORDERK.P. Mohapatra, J. 1. This revision is from the order passed by the learned Munsif, First Court, Cuttack, rejecting the plaintiffs petition under Order 6, Rule 17 C.P.C. for amendment of the plaint. 2. The plaintiff instituted Title Suit No, 95 of 1977 against the defendant, the Life Insurance Corporation of India for permanent injunction to restrain it from making further constructions of projections and cornices, for mandatory injunction to remove those which have already been constructed and for serening or closure of windows and openings. The plaintiff has his double storied old residential building described in Schedule 'A' of the plaint. The defendant has been constructing a multistoried building on Schedule 'B' land of the plaint on the adjoining west of Schedule 'A' property within the municipal area of Cuttack. According to the plaint averment, the defendant has violated different provisions of the Orissa Municipal Act and did not leave a space of more than 3 feel width o...
Tag this Judgment!Mantu Alias Sunil Kumar Bhuyan Vs. State
Court: Orissa
Decided on: Jul-30-1984
Reported in: 1985(I)OLR4
B.K. Behera, J.1. The appellant assails the order convicting him under Section 302 of the Indian Penal Code (for short, 'the Code') for having committed the murder of Gunadhar Gochhayat (hereinafter described as the 'deceased') by intentionally and knowingly causing his death during the night of the 2nd/3rd January, 1979, in a cabin' near the Taladanda Canal Bridge at Chhatra Bazar in the city of Cuttack and sentencing him to undergo imprisonment for life and also the order of conviction under Section 307 of the Code recorded against him for attempting to commit the muder of Tarapada Jena (P. W. 13) during the same night with a sentence to undergo rigorous imprisonment for a period of ten years concurrently with the sentence passed against him under Section 302 of the Code. The appellant has been acquitted of the charge under Section. 380 of the Code for committing theft of about Rs. 1,200/- which was in the possession of the deceased during the same occurrence.2. The case of the prose...
Tag this Judgment!Gouri Shankar Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-24-1984
Reported in: AIR1985Ori30
K.P. Mohapatra, J. 1. This is a petition under Articles 226 and 227 of the Constitution for issuance of a writ of mandamus to quash the order of dismissal of the petitioner from the Orissa Police Force. 2. The case of the petitioner is that he joined the Orissa Police Force in 1965 as a Writer Constable. In due course he was promoted to the cadre of Assistant Sub-Inspector. In the year 1970 he was posted as such a Fagu anti-smuggling post under Raruan Police Station in Mayurbhanj district. While serving in such capacity, allegations of corruption were made against him. After preliminary enquiry a disciplinary proceeding was started and charge was framed against him in proceeding No. 34 of 1972 for misconduct on the grounds of acceptance of illegal gratification and disobedience of orders and instructions of higher authorities. He submitted his statement dt. 5-9-72 denying the charges (Annexure 1). In the year 1973 he was transferred to Khunta Police Station. On a single occasion he att...
Tag this Judgment!Mayadhar Behera Vs. Bhagabat Nath and anr.
Court: Orissa
Decided on: Jul-24-1984
Reported in: 58(1984)CLT598; 1984(II)OLR749
S.C. Mohapatra, J.1. Plaintiff is the petitioner against the order of the Teamed Munsif, Jajpur, staying the hearing of the money suit till disposal of Title Suit No. 8 of 1978 in the Court of Munsif, Jajpar.2. Plaintiff's allegation is that the house which is a shop room; belongs to both plaintiff and defendant No. 2 who are the two brothers. Plaintiff has let out the house on monthly rent to defendant No. 1 since the middle of 1974, The monthly rent was agreed @ Rs. 50/-. Defendant No. 1 has not paid rent since September, 1974. He denied to pay the rent since 3rd August, 1977. Hence, Money Suit No. 310 of 1977 has been filed for recovery of arrear monthly rent for the period 1. 9, 1974 to 30.11.1977.3. Defendant No. 1 in his. written statement denies the relationship of landlord and tenant. His case is that the house belongs to Biraja Talkies, a partnership firm. Biraja Talkies had let out the shop room to one Nityananda Das after Nityananda deposited security. Nitynanda was paying t...
Tag this Judgment!Somnath Sipka Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-23-1984
Reported in: AIR1985Ori100
G.B. Patnaik, J. 1. Petitioner, a person belonging to the Scheduled Caste, has impugned in this writ petition the orders of the Certificate Officer, the Additional District Magistrate exercising the appellate power and the Revenue Divisional Commissioner, Northern Division, exercising revisional power, annexed as Annexures 1, 6 and 10 respectively to the writ petition in respect of a certificate proceeding started against the petitioner. 2. To appreciate the contentions raised by the petitioner, it is necessary to briefly state the facts. Petitioner had taken some money as agricultural loan and the amount of loan was recoverable as land revenue in accordance with the procedure laid down in the Orissa Public Demands Recovery Act. Certificate proceedings were instituted for realisation of the amount due on the petitioner and as required under the provisions of Section 6 of the said Act, due notice was issued and served on the petitioner. But notwithstanding due service of notice, petitio...
Tag this Judgment!Smt. Meera Devi Vs. Shyam Sundar Agarwalla
Court: Orissa
Decided on: Jul-23-1984
Reported in: AIR1985Ori65
D.P. Mohapatra, J.1. This appeal is directed against the order dt 28-4-1982 of the District Judge, Ganjam-Berhampur in Misc. Judicial Case No. 37 of 1982. Smt Meera Devi Agarwal, the appellant, is the wife of Shri Shyam Sundar Agarwalla, the respondent. Both of them belong to Marwari Community and come from families of businessmen. They were married in 1971 and out of the wedlock was born a son, Sanjaya in 1974, who is the central figure in this unfortunate controversy. The proceeding was initiated on an application filed by the respondent under Sections 7, 8, 9, 10 and 12 of the Guardians and Wards Act, 1890. By the order dt. 16-4-1983 of the trial Court the application was treated to be one under Section 25 of the Act The said order is not in challenge in this appeal. The respondent in his application stated inter alia that his marriage with the appellant failed almost from the inception; the differences between them are irreconcilable and there is no possibility of their living toge...
Tag this Judgment!Rama Chandra Kar and ors. Vs. Bichitrananda Kar and ors.
Court: Orissa
Decided on: Jul-23-1984
Reported in: 58(1984)CLT275; 1984(II)OLR714
S.C. Mohapatra, J.1. 'Matrubhumi' is a Daily Oriya newspaper published from Cuttack. There was a dispute between the management and the non- journalist workers. This dispute was resolved by an agreement dated 6. 1. 1978. The said agreement was executed by the petitioners and opposite party No. 1 representing the employers. In accordance with the agreement, the management and publication of the newspaper was handed over to a Committee constituted by the workers.2. On 2nd April, 1979, opposite party No. 1 filed a suit seeking the following reliefs as has been indicated in the prayer portion of the plaint :(a) Let a decree of mandatory injunction be passed restraining the defendants not to manage, administer, publish and circulate the daily newspaper 'Matrubhumi' commanding and directing the defendants to restore its possession and management to the plaintiff.(b) Let a decree for permanent injunction be passed restraining the defendants not to receive any amount from the department of Pub...
Tag this Judgment!Gatikrishna Mohanty and anr. Vs. Board of Secondary Education and anr.
Court: Orissa
Decided on: Jul-23-1984
Reported in: 1984(II)OLR1013
G.B. Patnaik, J.1. Petitioner No. 1 was a regular student in the Government High School in Unit No. 1, Bhubaneswar, and was prosecuting his study upto Class-X. He was duly sent up by the Headmaster for appearing at the Supplementary High School Certificate Examination for the year 1983, in accordance with Chapter-X of the Regulations of the Board of Secondary Education, Orissa, but could not fill up the forms and, therefore, could not appear at the Supplementary Examination in the year 1983 for some unforeseen reasons. Thereafter he approached the Headmaster of the School to permit him to appear at the annual examination of 1984, but the Headmaster (opposite patty No. 2) did not permit the petitioner to fill up the forms to appear at the annual examination of 1984. Petitioner was informed that under instructions of the Board of Secondary Education, Orissa, he was not entitled to appear as a regular candidate. Petitioner No. 1 thereafter made an application on 11th of January, 1984, to ...
Tag this Judgment!Kirtan Jena Vs. Biswanath SwaIn and anr.
Court: Orissa
Decided on: Jul-23-1984
Reported in: 1984(II)OLR1039
D.P. Mohapatra, J.1. The petitioner, a member of the second party in a proceeding under Section 145, Criminal Procedure Code, seeks to challenge the revisional order of the Sessions Judge, Ganjam-Boudh, Berhampur, directing the proceeding under Section 145, Cr. P. C, to continue in spite of the petitioner having been declared as the tenant in. respect of the disputed property under the Orissa Land Reforms Act.2. A proceeding under Section 144, Cr.P.C. (M. C. No. 19/76) was initiated on the petition filed by the opposite party No. 1 before the Executive Magistrate, Aska. In the said proceeding, Bira Jena, father of the petitioner was impleaded as the second party. The disputed property was described as 4,55 cents in Survey No. 290 under Patta No. 532 of village Govindapur. Subsequently, opposite party No 2 claiming to be the landlord in respect of the disputed property was impleaded in the proceeding on his own application. By order dated 17.12.1976 the learned Magistrate being satisfie...
Tag this Judgment!Dandapani Rout and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jul-20-1984
Reported in: 58(1984)CLT167; 1984(II)OLR671
B.K. Behera, J.1. The petitioners are the accused persons in G, R. Case No. 25 of 1984 in the Court of Judicial Magistrate, First Class, Banpur. Some of the petitioners were released on anticipatory bail by this Court and the other petitioners were released on bail by the learned Assistant Sessions Judge, Khurda, exercising the power of the Court of Session under Section 439 of the Code of Criminal Procedure (for short, the 'Code'). On an application made by the. officer-in-charge of police-station stating that the petitioners had violated the conditions of the bail bonds, the learned Magistrate cancelled the bail and directed issue of non-bailable warrants of arrest against the petitioners. This order is sought to be quashed in exercise of the inherent jurisdiction of this Court.2. I have heard the learned counsel for the petitioners and Mr. Rath, the learned Additional Standing Counsel.3. The inherent jurisdiction of this Court is to be exercised in rare and exceptional cases and in ...
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