Orissa Court July 1984 Judgments
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Purusottam Padhee Vs. Mst. Panchali Bewa
Court: Orissa
Decided on: Jul-09-1984
Reported in: AIR1986Ori138
ORDERD.P. Mohapatra, J.1. This Civil Revision is directed against the order dated 7-7-1980 of the Subordinate Judge, Sambaipur in Misc. Case No. 55 of 1979 holding that the decree in Title Suit No. 80 of 1974 is inexecutable.2. The petitioner filed the aforesaid suit against the opposite party for specific performance of a contract for sale of the suit land. The contract was executed by the opposite party on 31-8-1973. The suit was decreed ex parte on 17-9-1975. It was ordered that the defendant-opposite party will execute the registered sale deed in respect of the suit property in favour of the plaintiff-petitioner within six months failing which the latter is to deposit the stamp duty and necessary charges for registration of the property by Court. The opposite party was further directed to pay Rs. 1138.75 paise to the petitioner towards cost of the suit. The decree was put under execution first in Execution Case No. 38 of 1978 (1977?), which was dismissed on 15-12-1977. Thereafter, ...
Purna Chandra Dash Vs. Smt. Bishnu Priya Mohapatra
Court: Orissa
Decided on: Jul-09-1984
Reported in: 1984(II)OLR673
D.P. Mohapatra, J.1. The order dated 20th of September, 1983 by the Subordinate Judge, Puri, allowing the application of the opposite party for recalling the order making ad interim order of injunction absolute in her absence, is impugned in this case.Since the scope of the revision petition is very limited it is not necessary to recite in detail the facts of the case and the background leading to the litigation. Suffice it to say that the petitioner filed O. S. No. 280 of 1982 in the Court of the Subordinate Judge, Puri, praying for declaration of his right as a tenant, confirmation of his possession and for a direction that the opposite party should not evict him from the suit house without taking recourse to Orissa House Rent Control Act. In the said suit the petitioner filed an application under Order 39, Rules 1 and 2, Civil Procedure Code, for grant of injunction against opposite party, not to disturb his possession over the suit house. The said application was numbered as Misc. ...
Dasarathi Patnaik and ors. Vs. Nilamani Bewa and ors.
Court: Orissa
Decided on: Jul-09-1984
Reported in: 1984(II)OLR745
D.P. Mohapatra, J.1. This is a defendant's second appeal against the confirming decision of the Courts below decreeing the plaintiffs' suit.The plaintiffs filed O. S. No. 216/66-1 in the Court of the Munsif, Puri, for declaration of title, confirmation of possession and for recovery of damages of Rs. 20/- in respect of a strip of land measuring 335 into 15 links appertaining the Sthitiban plot No. 963, as shown in red ink in the sketch map attached to the plaint. The gist of their case was that the disputed strip of land with a mango tree standing thereon was a part of their plot No. 953 which was demarcated by a ridge from plot No 964 belonging to the defendants. The plaintiffs asserted that they were in possession of the disputed strip of land along with the mango tree standing thereon. The defendants with a view to amalgate a portion.of the suit strip of land removed the intervening ridge on 9.7.1965 and subsequently forcibly plucked mango from the tree in question. Hence the suit.T...
Krushna Chandra Behera Vs. State
Court: Orissa
Decided on: Jul-06-1984
Reported in: 58(1984)CLT201; 1984(II)OLR698
D.P. Mohapatra, J.1. This revision petition is directed against the order of the Second Additional Sessions Judge, Cuttack, in Criminal Appeal No. 53 of 1980, confirming the order of the Judicial Magistrate, Second Class, Cuttack in G. R. Case No 1366 of 1977, convicting the petitioner under Section 353, Indian Penal Code, and sentencing him to undergo rigorous imprisonment for two months.2. The gist of the prosecution case was that on 13. 6. 1977 Sri G. C. Lehka, Excise Sub-Inspector (P. W. 1) with his staff was patrolling at Govindpur Chhak under Tangi Police Station. At about 7. 30 A. M. a Land Master Car bearing registration number O. R. N. 903 approached the place. On suspicion the Excise staff stopped the vehicle. The petitioner was alleged to have come out with a sword and threatened to kill the staff in case the vehicle is searched. He aimed a blow at P. W. 1 with the sword, but the latter could escape being hit by dodging a little. Thereafter the Excise staff overpowered the p...
Pati Digal Vs. Bandu Malik and ors.
Court: Orissa
Decided on: Jul-04-1984
Reported in: 58(1984)CLT107; 1984(II)OLR633
S.C. Mohapatra, J.1. Budrukia is a village in Balliguda Police-Station. Both petitioner (hereinafter referred to as the transferee) and opposite party No. 1 (hereinafter referred to as the transferor) belong to that village. Opposite party No. 1 is a members of the Scheduled Tribes being Khonda. Petitioner alleges to be a member of the Scheduled Castes which is not disputed in the counter-affidavit filed on behalf of opposite party No. 1.2. The Tribal and Rural Welfare Amin submitted a report to the Subdivisional Officer, Balliguda through the Tahasildar, Balliguda, wherein he intimated that on enquiry he could come to know that Hal Plot No. 698 measuring 196 decimals of village Budrukia belonging to Bandu Mallik (transferor) is in possession of Pati Digal (transferee) being transferred to him illegally by. way of mortgage for a consideration of Rs. 400/- since 1957. In the report, the Amin submitted that the alleged transfer being one to which provision of Regulation 2 of 1956 is attr...
Udayanath Mohapatra Vs. Kanchan Mohapatrani and ors.
Court: Orissa
Decided on: Jul-04-1984
Reported in: 1984(II)OLR986
P.C. Misra, J.1. This appeal has been preferred by defendant No. 2 against the decision dated 30.4.1971 of the learned Subordinate Judge, Aska, passed in Title Suit No. 21 of 1967.2. The suit was filed by the respondent No. l plaintiff for partition of her half share in the joint family immovable properties described in Schedule A and the movable properties described in Schedule B of the plaint.3. The genealogy as indicated below would show the relationship of the parties: Kshetrabasi Mohapatra|-----------------------------------------------------------| | |Ramachandra Umeshchandra Rameshchandra=widow (Khali) (adopted to =widow KanchanMohapatrani) Bain Padhi) (plaintiff)|----------------------------------------------------------| | | | Uadhaynath Kailash (D.) Pushpanjali AshalataD. 2 adopted to (D. 3) (D. 4)Binayak Padhi=Pramila (D.6) 4. The plaintiff's case was that Kshetrabasi Mohapatra, who died in the year. 1949, was the common ancestor of the parties. He had three sons, namely, Ra...
Kedarnath JaIn Vs. Shripal Mahajan and ors.
Court: Orissa
Decided on: Jul-02-1984
Reported in: AIR1984Ori199
ORDERD.P. Mohapatra, J.1. One of the defendants in Title No. 215 of 1971 now pending in appeal T.A. No. 60/8 of 1975-30 in the court of the Additional District Judge, Bhawanipatna, is the petitioner in this case challenging the order D/-- 19-7-1980 by the appellate court rejecting the application for amendment of the written statement.The opposite party 1 filed the suit for declaration of his title over the disputed land and for delivery of possession of the same after demolition of any structure built thereon by the defendants and to restrain them from encroaching upon the disputed land. The gist of the plaintiff's case was that ho was the owner of plot No. 352 of village Tusra and the defendants were the owners of plot No. 351 of the same village, the two plots being contiguous to each other. The disputed land, a part of plot No. 3152 measuring 13 in length and 6 in width towards the East and 1 width towards the West, was all along in possession of the plaintiff and was being utilise...
Chintamani Nahak Alias Naik Vs. State
Court: Orissa
Decided on: Jul-02-1984
Reported in: 58(1984)CLT211; 1984(II)OLR653
B.K. Behera, J.1. The order of conviction under Section 302 of the Indian Penal Code, with the sentence to undergo imprisonment for life has been recorded by the trial Court against the appellant on the basis of the evidence of a solitary eye-witness (P. W. 2) coupled with the act of absconding by the appellant soon after the occurrence, after accepting the case of the prosecution that the appellant, having borne a grudge against Hadu Nahak (to be described hereinafter as the 'deceased') suspecting that he had played witch-craft and had killed his two ailing sons, killed the deceased in the early hours of November 28, 1978, at village Karapada in the district of Ganjam by stabbing him by means of a Kati while the deceased was coming out of the tea-shop of Indramani Raul (P. W. 3 ) near that of P. W. 2 and then took to his heels and absconded until December 16, 1978, before his surrender and arrest at the Chhatrapur Police Station on that day.2. The finding that the deceased died a homi...
The State Vs. Aru Pradhan
Court: Orissa
Decided on: Jul-02-1984
Reported in: 1985CriLJ161
B.K. Behera, J.1. Hanging in the balance between life and death with an order of conviction recorded by the Court of Session against him Under Section 302, Penal Code (for short, the Code) with a direction that he be hanged by the neck till he is dead, the accused-convict (described hereinafter as the 'appellant') has appealed against the judgment and order. The learned Sessions Judge has made 'a reference to this. Court for confirmation of the sentence of death. The death reference and the criminal appeal have been heard together and will be governed by this judgment.2. The case of the prosecution and the plea of the appellant have been set out in details in the judgment of the trial court.There had been land dispute between the appellant and his mother Labanya, who also figured as a co-accused being charged of abetment of the commission of the offence of murder by the appellant, on the one hand and Hadiani alias Urbasi Pradhan (hereinafter described as the 'deceased'), born through s...
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