Orissa Court January 1985 Judgments
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Mulshankar Narveram Ojha Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-18-1985
Reported in: 1985(I)OLR199
S.C. Mohapatra, J.1. Defendant No. 1 is the petitioner against the order of the learned Additional Subordinate Judge, Cuttack, permitting withdrawal of the suit by the plaintiff-opposite party No 1 under Order 23, Rule 1, C. P. C. 2. The suit is of the year 1957. It came up to this Court in second appeal. While disposing of the appeal the suit was remitted back to the trial Court for issue of a commission for measurement of the land in dispute and for disposal of the suit in accordance with law. At that stage the plaintiff filed an application for withdrawal of the suit on the ground that in view of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 coming into force the suit is not maintainable. The trial Court has permitted the withdrawal of the suit which is being challenged in this Civil Revision. 3. Mr. R. K. Mohapatra, the learned counsel for the petitioner has pressed into service a decision reported in A. I. R. 1979 Patna 73 : Basudeb Narayan Singh and Or...
Bhabagrahi Vs. the State
Court: Orissa
Decided on: Jan-18-1985
Reported in: 1985CriLJ1847
B.K. Behera, J.1. The Criminal Appeal and the government Appeal arising out of the same judgment and order have been heard together and will be governed by this common judgment.2. The convicted prisoner Bhabagrahi Mohanty has appealed against the order of conviction passed against him by the court of trial under Section 302 of I. P. C. (for short, 'the Code') sentencing him to undergo imprisonment for life and the State is in appeal against the order of acquittal recorded in respect of the co-accused Sudam alias Babaji Pradhan. The two accused persons stood charged under Section 302 read with Section 34 of the Code with having committed the murder of Muralidhar Sahu (to be described hereinafter as 'the deceased') in furtherance of their common intention by assaulting the deceased on his head with lathis some time before the evening of Sept. 7, 1980, at Kurtang in the district of Cuttack and the reason for this was said to be a sudden quarrel between the deceased on the one hand and the...
Brajamohan Pradhan Vs. State
Court: Orissa
Decided on: Jan-15-1985
Reported in: 1985(I)OLR175
B.K. Behera, J.1. While functioning as a Police Constable, who was supposed to maintain law and order and to guard against the commission of theft, the petitioner stood charged under Section 379 and in the alternative, under Section 411 of the Indian Penal Code (for short, 'the Code') with having committed theft of a brass piece belonging to the Rourkela Steel Plant on the New Year's day of 1982 which was detected by three employees (P. Ws. 1 to 3) serving in the Central Industrial Security Force attached to the Plant while the petitioner was coming on a bicycle from the plant sits and was at the Hirakud Gate. P. W. 1 lodged the first information report (Ext. 1), investigation followed and on its completion a charge-sheet was placed and the petitioner was prosecuted. The petitioner had denied to have committed theft and according to him, he had been involved falsely by P. Ws. 1 to 3 owing to a quarrel which. had occurred between him and P.Ws. 1 to 3. The prosecution had examined four w...
State of Orissa Vs. Sibanarayan Panda and Nine ors.
Court: Orissa
Decided on: Jan-14-1985
Reported in: 1985(I)OLR132
B.K. Behera, J. 1. Upon hearing the learned Addl. Govt. Adv. and the learned counsel for the respondents, I find no case for interference in this appeal against acquittal directed against the judgment and order passed by the learned Assistant Sessions Judge, Dhenkanal, acquitting the respondents who figured as the accused persons in the trial Court being charged under Section 395 of the Indian Penal Code for commission of dacoity in the house of Rejendramohan Naik (P. W. 3) in village Ranipal in the district of Dhenkanal by causing injuries to the inmates of the house and using deadly weapons in the course of which cash and other articles had been removed, as alleged, from the house, as with regard to the complicity of the respondents, the prosecution had depended only on the evidence of Lodha alias Nodha Raut (P. W. 12), who had figured as the approver and some other items of circumstantial evidence which could only corroborate the evidence with regard to the commission of the crime, ...
State of Orissa Vs. Sadhu SwaIn and ors.
Court: Orissa
Decided on: Jan-14-1985
Reported in: 1985(I)OLR164
B.K. Behera, J.1. The State has challenged the judgment and order of acquittal recorded by the Court of trial holding the respondents not guilty of the charge of dacoity punishable under Section. 395 of the Indian Penal Code. The respondents with the other co-accused persons stood charged with having committed dacoity in the house of Kulamani Das (P. W. 1) during the night of the 26th/27th December, 1978. To bring home the charge, the prosecution had examined six witnesses of whom P. W. 1 had implicated the respondents having identified them in the Court and at an earlier test identification parade as the culprits who had committed dacoity in his house. There was no other incriminating evidence against the respondents. The trial Court did not accept the evidence of P. W. 1 and recorded an order of acquittal.2. I have heard the learned counsel for both the sides and have perused the evidence adduced by the prosecution. Hare is one of the many cases one comes across where a case of robbe...
State of Orissa Vs. Khora Paradesi and ors.
Court: Orissa
Decided on: Jan-14-1985
Reported in: 1985(I)OLR153
B.K. Behera, J.1. The State is in appeal against the judgment and order of acquittal recorded by the trial Court finding the respondents, who had figured as the accused persons, not. guilty of the offence of dacoity punishable under section 395 of the Indian Penal Code with which they stood charged and also finding the respondent Jani Polia not guilty of the offence punishable under section 414 of the Indian Penal Code with which he had separately stood charged. The appeal has abated as against the respondents 15 and 17 as they died during the pendency of the appeal, as per order Nos. 6 and 10 passed by. this Court in this appeal. 2. The respondents, it was alleged, at about 10 p. m. on March 24, 1979, being armed with lathis and other instruments, committed dacoity in the house of Hrusikesh Panigrahi (P. W. 5) and removed gold, cash, clothes and utensils which had been witnessed by P. W. 5, his wife (P. W. 6), his daughter (P. W. 7) and his son (P. W. 8) who had figured as witnesses t...
Bansidhar Lenka Vs. Kumar Barik
Court: Orissa
Decided on: Jan-11-1985
Reported in: AIR1986Ori11
ORDERK.P. Mohapatra, J. 1. This revision is directed against the order passed by the learned Subordinate Judge, Bhubaneswar setting aside the ex parte decree passed in Original Suit No. 22 of 1979(1) for specific performance of contract. The plaintiff is the petitioner. 2. According to the defendant's case he was never a resident of village Palasuni, but has all along been a resident of Tulsipur, Cuttack. He did not enter into an agreement with the plaintiff for sale of land for a consideration of Rs. 10,000/-. Nevertheless, on the basis of a forged document the plaintiff instituted Original Suit No. 32 of 1979(1) in the trial Court for enforcement of the contract and praying for a decree for specific performance thereof. In the said suit service of summons was fraudulently suppressed. By making manipulations it was made to appear that he entered appearance in the said suit through Advocate, Shri B. C. Rath who, however, had instituted the suit on behalf of the plaintiff and could not ...
Brundaban Padhan and ors. Vs. Krishna Padhan
Court: Orissa
Decided on: Jan-11-1985
Reported in: 1985(I)OLR186
P.C. Misra, J.1. The defendants in Title Suit No. 77 of the 1971 of the Court of the Subordinate Judge, Aska, are the appellants in this appeal. The suit is one for partition of the suit properties described in the plaint schedule into two equal shares and fox allotment of one of such share to the plaintiff.2. The admitted genealogy showing the relationship amongst the parties is given below for the better appreciation of the cases of the respective parties: Sridhar @ Sindhu Padhan | _____________________________________________ | | Brundaban (D. 1) Natha -Kautiki (D. 5) | | _________________________________ 3 Krishna (Plff.) | | | Ramachandra Hari Charan (D.2) (D.3) (D.4) The above genealogy would show that the plaintiff represents the branch of Natha whereas the defendants represent the branch of Brundaban. The plaintiff's case is that Natha and Brundaban were members of a Hindu joint family and the plaintiff's father Natha died in a state of jointness at an early age. The plainti...
Bishnu Charan Das Vs. the State
Court: Orissa
Decided on: Jan-11-1985
Reported in: 1985(I)OLR148
D. Pathak, C.J.1. By this appeal from jail the appellant has challenged the order of conviction under Section 302, I. P. C: and sentence passed against him by the learned Sessions Judge, Cuttack, in Sessions Trial No. 5 of 1980.2. A brief narration of the facts leading to the present appeal is that on 7. 6. 1979 P. W. 7, the younger brother of the appellant, requested the appellant to hand over the amount of Rs. 200/- which was kept in deposit with him for the purpose of the marriage of their sister Janaki. The appellant told P. W. 7 that at that moment he did not have the money and that he would give the money in the month of Ashadh next When this matter was reported to the deceased, the middle brother, the deceased requested the appellant to give the money. The appellant gave him the same reply as was given to P. W. 7. Then the deceased told the appellant that money should be raised even by pledging the rickshaw which wa3 purchased with the joint family fund for purchasing a bicycle ...
Sri Paramananda Panda and ors. Vs. Punananda Das and anr.
Court: Orissa
Decided on: Jan-11-1985
Reported in: 1985(I)OLR143
D.P. Mohapatra, J.1. These two civil revision arise from the same suit (Title Suit No. 242 of 1977) and involve the common question, whether the trial Court had jurisdiction to restore the suit which had been earlier held to have abated under Section 4 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of. Land Act, 1972 ('the Act' for short) after the notification under Section 3 of the Act was cancelled in respect of the village in which the suit properties are situated The trial Court has rejected the petitioners' application to restore the suit and Misc. Case No. 262 of 1977 arising out of the application for injunction in the said suit holding that he has no jurisdiction to do so2. The petitioners filed the suit praying for the following reliefs:(a) the plaintiffs' right, title and interest be declared in respect of 'S' and 'C schedule properties.(b) if it is found that the. plaintiffs have been dispossessed of 'S' and 'C schedule properties by the defendant N...
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