Orissa Court November 1985 Judgments
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Md. Etmad and ors. Vs. Bauribandhu Mohanty
Court: Orissa
Decided on: Nov-04-1985
Reported in: 1986(I)OLR216
K.P. Mohapatra, J. 1. This is an appeal against the order passed by the learned Subordinate Judge, First Court, Cuttack, partially allowing the respondent's petition for restitution under Section 144 of the Code of Civil Procedure (referred to as 'the Code').2. The relevant facts in short are stated below :-The appellants instituted Title Suit 215 of 1981 in the Court of the learned Subordinate Judge, Cuttack, against the respondent for specific performance of contract in respect of a pucca house consisting of five rooms and appurtenances standing on plot No. 326 with an area of Ac. 0.041 decimals in khata No. 13 of Mauza Patpur within Lalbag Police Station of Cuttack town (referred to as suit property). On 6.1.1983, the suit was decreed ex parts by the learned Additional Subordinate Judge. Cuttack, against the respondent. On 23.3.1983, the appellants in Execution Case No. 5 of 1983 put the ex parte decree in to execution and in due course obtained delivery of possession of the suit pr...
Smt. Sushila Tiria Vs. Sri Sambhunath Nayak
Court: Orissa
Decided on: Nov-04-1985
Reported in: 1986(I)OLR117
S.C. Mohapatra, J.1. Petitioner was a candidate for the election held in March, 1985, to the Orissa Legislative Assembly from Jashipur Assembly Constituency in the district of Mayurbhanj. There were seven other candidates including the respondent contesting the election. The respondent having been declared elected, the petitioner has filed this application for declaring his election void on the ground that the respondent is disqualified for being chosen as a Member of the Legislative Assembly under Article 191(1) of the Constitution having held an office of profit under the State Government as the Headmaster of an aided educational institution.2.The case of the petitioner, in short, is that the respondent was the Headmaster of Dhatikia M. E. School which is an aided educational institution governed under the Orissa Education Act, 1969 ( hereinafter referred to as the Act ) and was thus holding an office of profit under the State Government. The case of the respondent is that on accepta...
Kartikeswar Nayak Vs. Karadi Jagannath and 11 ors.
Court: Orissa
Decided on: Nov-04-1985
Reported in: 61(1986)CLT95; 1986(I)OLR132
K.P. Mohapatra, J.1.The order passed by the learned Judicial Magistrate, R. Udayagiri dismissing the petitioner's complaint under Section 203 of the Code of Criminal Procedure ('Code' for short) is assailed in this revision.2. The case of the petitioner is stated in brief. On 1.2.1980 the complainant purchased 2 bags of Jinjili and one bag of mustard at Chudangapur weekly market. He kept the seeds in 6 gunny bags and came to the road side at about 11 a. m. and was waiting for a bus to proceed to his village. At that time all the opposite parties arrived at the place. Opposite party No. 1. an Inspector of Weights and Measure gave him a slap on the left cheek and snatched away a bag from the petitioner which contained a sum of Rs. 1,059/- and handed over the bag to opposite party No. 2 who brought out the aforesaid amount and kept the same in his shirt pocket. Opposite parties 3, 5, 7, 9, 10 and 11 forcibly removed the 6 bags containing Jinjili and mustard. The petitioner raised hue and ...
Bandhu Sahu Vs. the State of Orissa
Court: Orissa
Decided on: Nov-04-1985
Reported in: 1986(I)OLR172
K.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Sessions Judge, Balasore, affirming the conviction of the petitioner under Section 324 of the Indian Penal Code (I. P. C for short).2. The prosecution case was that the petitioner and six others (acquitted by the trial Court) entered inside the Ban of P. W. 3, Dinabandhu on 1. 4. 1973 at 10 a.m. in a body, cut and removed a portion of the fence which separated the Bari from a Grama Panchayat fishery tank and damaged vegetable plants and unripe mangoes causing substantial loss to him. When P. W. 3 protested against the highhanded action, he was surrounded and assaulted by the petitioner and others. P. W. 2, Haramani, his wife arrived there to protest. The petitioner assaulted her on the head by means of a kata resulting in a bleeding injury. The petitioner and the other accused persons also assaulted their son (P. W. 4), Narahari who arrived at the scene of occurrence. F. I. R. (Ext. 1) was lodged at ...
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