Orissa Court August 1984 Judgments
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T. Prasanta Kumar Patra Vs. State of Orissa
Court: Orissa
Decided on: Aug-10-1984
Reported in: 1984(II)OLR956
B.K. Behera, J.1. The petitioner stands convicted under Sections 307 and 452 of the Indian Penal Code (for short, the 'Code') and sentenced thereunder to undergo rigorous imprisonment for a period of seven years on each count to run concurrently. Concurrent findings of facts have been recorded by the trial and the appellate Courts that in the afternoon of February 18 1980, the petitioner residing then in a rented house adjoining the house taken on rent by P.W. 5, then working as a Lecturer in Marine Science, entered the rented house after corning to know of his absence from his wife (P.W. 2) and asked P.W. 2 to part with rupees two hundred which P.W. 2, did not have in the box or in the almirah which were shown to the petitioner and she had rupees one hundred with her which she was prepared to hand over whereafter the petitioner, by means of a long knife (M.O.I), assaulted P.W. 2 and caused injuries on her person. The evidence of P.W. 2 with regard to the entry of the petitioner into h...
Shyam Sahu and Two ors. Vs. State
Court: Orissa
Decided on: Aug-10-1984
Reported in: 58(1984)CLT331; 1984(II)OLR929
B.K. Behera, J.1. The petitioners are three of the fourteen accused persons facing trial in the Court' of the Assistant Sessions Judge, Bhanjanagar, The petitioners, besides some of the co-accused persons, stand charged under Section 395 of the Indian Penal Code for having committed dacoity in the house of Raghunath Nayak in village Rangamaru in the district of Ganjam during the night of April 21/22, 1982, being armed with guns and lathis in the course of which a number of articles were removed after keeping the intimates of the house under awe and causing hurt to some of them. On the completion of investigation, a charge-sheet was placed after a prima facie case was found out. On commitment, the learned Assistant Sessions Judge found a case for framing the charge against the petitioners. On a perusal of the materials gathered in the course of investigation, it would not be appropriate at this stage to say that there are no materials to connect the petitioners with the commission of th...
Bhola Alias Rama Lenka Vs. State
Court: Orissa
Decided on: Aug-09-1984
Reported in: 58(1984)CLT303; 1984(II)OLR841
B.K. Behera, J.1. The appellant stood charged along with some other co-accused persons under Section 395 of the Indian Penal Code (for short, the 'Code') with having committed dacoity in the house of Ashamani, who died sometime after the occurrence, in village Bajana in the district of Balasore at about 8 to 9 p. m. on March 30, 1983. The appellant and the other cc-accused persons were held not guilty of this charge. Because of the recoveries of some stolen articles including two brass utensils (M. Os, I and II) from the house of the appellant, he has been held guilty under Section 411 of the Code and sentenced thereunder to pay a fine of Rs. 500/- and in default of payment thereof, to suffer simple imprisonment for a period of six months.2. Mr. Nayak, appearing amicus curiae for the appellant, has submitted before me that the order of conviction cannot be sustained on facts and maintained in law. Mr. Panigrahi, the learned Additional Government Advocate, has supported the order of con...
Orissa Road Transport Company Limited and anr. Vs. Sachidananda Kanung ...
Court: Orissa
Decided on: Aug-08-1984
Reported in: 1984(II)OLR978
P.C. Misra, J.1. The defendants are the petitioners in this revision against the order, dated 19.8.1980 of the Munsif, First Court, Cuttack, passed in T. S. No. 53 of 1977 deciding issue No. 6 in favour of the plaintiff by holding that the Civil Court has jurisdiction to try the suit.2. The plaintiff's case is that he was appointed in the office of the Managing Director of defendant No. 1 at Cuttack on 3.6.1960 as Lower Division Assistant and was subsequently promoted to Gr. II Assistant since 8. 9. 1964. In accordance with Resolution No. 31 dated 22.9.1962 of the Board of Directors of defendant No. 1, the post of Gr. II Assistant in the office of defendant No. 2 which was then at Cuttack was declared permanent and consequently the plaintiff was declared to be a permanent employee in the said post with effect from 8.9.1965. The plaintiff has further alleged that he had been working in the said post to the satisfaction of the authority concerned all through. In normal course, the plaint...
Surendra Mohapatra Vs. State
Court: Orissa
Decided on: Aug-08-1984
Reported in: 1984(II)OLR1031
B.K. Behera, J.1. The petitioner stood his trial in the Court of Mr. A. B. Das, Additional Chief Judicial Magistrate, Puri, and was convicted under Sections 279 and 337 of the Indian Penal Code (for short, the 'Code') and sentenced under Section 337 of the Code to pay a fine of Rs. 500/- (the maximum fine prescribed under the law) and in default of payment thereof, to suffer simple imprisonment for a month, without any separate sentence having been passed under Section 279 of the Code. The trial Court held it established, as alleged by the prosecution, that on October 1, 1978, while the petitioner, a Government servant, had been driving the jeep bearing registration No. ORG 2130 of the Public Health Department on the Pipli-Puri Road, an accident occurred owing to his rash and negligent driving by the sudden application of brakes.2. The petitioner appealed against the order of conviction and sentence to the Court of Session. After the appeal suffered some adjournments for hearing on the...
Raghunath Sahu and anr. Vs. Trinath Das and ors.
Court: Orissa
Decided on: Aug-07-1984
Reported in: AIR1985Ori8; 58(1984)CLT416
G.B. Patnaik, J.1. This is an appeal by the defendants against the judgment and decree of the Subordinate Judge. Nayagarh. in O. S. No. 8 of 1971. wherein the defendant was directed to pay a sum of Rs. 7,040/- to the plaintiff with future interest at six per cent per annum on the principal sum of Rs. 6,971/-. During the pendency of the appeal, the defendant having died, his legal heirs have been substitued who are pursuing this appeal.2. According to the plaint case, the defendant posing himself to be a forest contractor having taken some forest coupe on lease, persuaded the plaintiff to be a partner in business and took Rs. 6,971/- in cash from him on 30-9-1968. On that date, an agreement (Ext. 2) was executed wherein it was agreed that the plaintiff would get one-third share in the profit out of the timbers that would be sold, bul notwithstanding the same agreement, the defendant did not pay anything for which the plaintiff filed a petition on 7-8-1970 (Ext. A) before the Sub-Divisio...
Uamash Chandra Guru and ors. Vs. Dinabandhu Guru and ors.
Court: Orissa
Decided on: Aug-06-1984
Reported in: AIR1985Ori115
ORDERD.P. Mohapatra, J. 1. Defendants 2 to 2(h) in Title Suit No. 69 of 1972 pending in final decree proceeding before the Subordinate Judge, Bargarh are the petitioners in this revision petition, challenging the order dt. 11-8-1980 rejecting their prayer to drop the final decree proceeding.2. The opposite party No. 1 filed the above mentioned suit for partition of the suit properties. The said suit by judgment dt. 4-1-1977 was decreed preliminarily, ex parte against defendants 1, 2 and 4 and on contest against defendant No, 3. Under the preliminary decree, the plaintiff was to get 1/5th share and defendants 1, 2, 3 and 4 were to get 1/5th each in the suit schedule properties. The total extent of land involved in the suit is above 27.50 acres. Admittedly no appeal was carried against the preliminary decree. The parties having failed to demarcate the lands by mutual arrangement the opposite party No. 1 (plaintiff) filed a petition for making the decree final and to appoint a Commissione...
Sankar Prasad Dev Burman and anr. Vs. Indumati Sahoo
Court: Orissa
Decided on: Aug-06-1984
Reported in: [1985]154ITR826(Orissa)
Mohapatra, J.1. The order dated June 22, 1981, of the Subordinate Judge, Puri, in Misc. Case No. 303 of 1980, rejecting the petitioners' application under Section 47, Civil Procedure Code, is under challenge in this revision petition. 2. The opposite party filed O.S. No. 28/1 of 1976, wherein she obtained a decree against the petitioners for specific performance of a contract. Under the decree, the petitioners were directed to obtain necessary permission of the Collector to convey the suit property to the opposite partywithin two months and to execute a registered sale deed in her favour within a period of two months from the date of obtaining such permission and receipt of balance consideration of money from her. The decree contained certain further directions to the decree-holder. Since they do not arise for consideration in this case, it is not necessary to state them in detail. The petitioners (judgment-debtors) having failed to execute the sale deed, the opposite party (decree-hol...
Mangal Prasad Patel Vs. Chandramani Naik
Court: Orissa
Decided on: Aug-06-1984
Reported in: 58(1984)CLT398; 1984(II)OLR843
D.P. Mohapatra, J.1. These two revision petitions have been filed by Mangal Prasad Patel against opposite party Chandramani Naik. In both these cases the petitioner seeks to impugne the order dated 8. 2. 1932 of the Member, Board of Revenue (the 'Board' for short ) disposing of O. M. T. Appeal Cases Nos. 13 and 14 of 1979. In the said order the Board came to the conclusion that opposite party Chandramani Naik was entitled to be recognised as a raiyat in respect of the disputed land and rejected the claim of the petitioner for settlement of the said land. The disputed land comprises of 1. 44 acres in Hal Plot No. 735 of village Belsara corresponding to Plot No. 857 with an area of 1.-38 acres as per Sabik settlement record.2. The disputed land was held by late Dharanidhar Patel, the brother of the petitioner Mangal Prasad as the Gauntia of village Belsara under the ex-State of Gangapur now in the district of Sundergarh. The village offices of the district of Sundergarh were abolished wi...
Ajit Kumar Mitra Vs. Puri Municipality and anr.
Court: Orissa
Decided on: Aug-06-1984
Reported in: 58(1984)CLT298; 1984(II)OLR870
D.P. Mohapatra, J.1. The short question involved in this case is whether the application filed by the petitioner under Order 9, Rule 13, C. P. C., was rightly rejected by the Courts below as being barred by limitation.Puri Municipality, the opposite party No. 1, filed Money Suit No. 82 of 1971 against the petitioner and one Ranjit Kumar Mitra who, as it appears now, was dead since 25.11.1945, for realisation of Rs. 501/- towards holding tax. In the said suit notice sent to Ranjit Kumar Mitra, was returned back with report that he is dead. Notice on the petitioner could not be served due to his absence and a copy of the notice was hung up on the premises. The suit was decreed ex parte on 17. 3. 1972.On 8. 11. 1978 the petitioner filed a petition under Order 9, Rule 13, C. P. C. for setting aside the ex parte decree and for restoration of the suit alleging inter alia that he was not aware of the filing of the suit or its disposal till 6. 11.1978 when he came to know about it on inspectio...
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