Orissa Court March 1985 Judgments
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Jogendra Mahanta Vs. State of Orissa
Court: Orissa
Decided on: Mar-20-1985
Reported in: 1985(I)OLR558
G.B. Pattnaik, J.1. The petitioner impugns the order of the Chief Judicial Magistrate Keonjhar dated 5. 1.1982 by which order the petitioner was charged for an offence under section 477A I. P. C.2. According to the prosecution case, which was initiated on the basis of an F. I. R. lodged by the Subordinate Judge, Keonjhar on 29:8.73, the petitioner was the Accountant, one K. D. Ghosh was the Nazir and there was a defalcation of Rs. 743/- in the year 1971. The Police after investigation filed charge-sheet both against Shri K. D. Ghosh as well as the petitioner, Sri K. D. Ghosh being charge-sheeted under section 409 I. P. C. and the petitioner under section 477A I. P.C. The learned Magistrate on perusal of papers framed charges against Shri Ghosh as well as the petitioner. 3. The learned counsel for the petitioner challenges the aforesaid order of framing of charge on two grounds firstly the entire materials on record do not establish any offence under section 477A I. P. C. so far as the ...
Narayan Sahu and ors. Vs. Ram Chandra Sahu and ors.
Court: Orissa
Decided on: Mar-18-1985
Reported in: AIR1985Ori145
R.C. Patnaik, J.1. One NarayanSahu, since deceased and substituted by hislegal representatives, filed an application underSection 15 of the Orissa Land Reforms Act on 4-12-1972 for a declaration that he was tenant ofthe land measuring 8.14 acres in extent inMouza Borigaon, district Ganjam, the subject-matter of this litigation, and for a prohibitoryorder restraining one Radha Sahuani frominterfering with his possession. The RevenueOfficer passed a prohibitory order. NarayanSahu also filed an application under Section 15(7)of the Orissa Land Reforms Act for appointment of the Revenue Inspector of Kukudakhandi or Nimakhandi as the receiver of the crops standing on the land. He alleged that he had cultivated the land. Radha Sahuani, who was a rick and influential person of the locality, despite the prohibitory order had threatened to forcibly, oust and remove the crops raised by him. The Revenue Officer appointed the Revenue Inspector, Barigaon, as the receiver. On 9-12-1972, Radha Sahuan...
Shyama Sundar Pani Vs. Revenue Divisional Commissioner, Central Divisi ...
Court: Orissa
Decided on: Mar-18-1985
Reported in: 1985(I)OLR541
D. Pathak, C.J.1. This is an application under Article 226 of the Constitution of India arising out of O. L. R, Case No. 70 of 1975 initiated under the Orissa Land Reforms Act, 1960 (hereinafter referred to as the 'Act').2. Opposite party No. 4 Dibakar Panda made an application under Section 15 of the Act for a declaration that he is a tenant under the present petitioner. The Revenue Officer, Chandbali (opposite party No. 3) by his order dated 19. 8. 76, on consideration of the evidence on record, held that opposite party No. 4 is a Bhag tenant under the petitioner in respect of the and in question. On the basis of the evidence on record, he further held that the Bhag tenancy of opposite party No. 4 is established which needs to be protected. Accordingly, opposite party No. 4 was declared as a Bhag tenant under the petitioner in respect of the land in question with a direction that opposite, party No 4 shall pay one-fourth the gross produce of the land as rent to the petitioner. Opposi...
Purna Chandra Jena and anr. Vs. State
Court: Orissa
Decided on: Mar-18-1985
Reported in: 60(1985)CLT322; 1985(II)OLR218
B.K. Behera, J.1. While the prosecution came out with a story that the appellant Lambodar and his brother-in-law Purnachandra, who figures as the other appellant, had been driven away from the service of Ganeswar Pati ( P. W. 1 ) because of their indecent behaviour towards his daughter Gourimani ( P. W. 3 ) and having kept a grudge, the two appellants kidnapped and abducted Gourimani alias Kunimani, the minor daughter of P. W. 1, from the lawful guardianship of her parents during the night of August 7/8, 1979, while she had gone out of the house to ease herself at about 3 a.m. and was ultimately being forged to marry the appellant Lambodar for which steps had been, taken for registration of the marriage before the Sub-Registrar, Balasore, which was thwarted by the timely efforts of her father and ultimately Gourimani was rescued from the house of the appellant Lambodar in pursuance of an order passed by the District Judge in a proceeding under the Guardians and Wards Action September 1...
Subash Chandra Biswal Vs. Maluni Biswalo
Court: Orissa
Decided on: Mar-15-1985
Reported in: AIR1985Ori284; 1985(I)OLR485
ORDERJ.K. Mohanty, J.1. Opposite Parties 1 and 2, the wife and minor daughter respectively of the petitioner, filed Title Suit No. 98/80 before the Subordinate Judge, Aska, against the petitioner and his parents with a prayer to grant maintenance at the rate of Rs. 300/- per month and some other reliefs. Written statement was filed wherein relationship of the parties was not disputed; but the contest was on various other grounds. In tke said suit, the opposite parties filed a petition Under Section 24 of the Hindu Marriage Act read with Section 151, C.P.C. praying for interim maintenance at the rate of Rs. 300/- per month and litigation expenses of Rs. 500/-. The trial court considered the petition and allowed Rs. 75A per month as interim maintenance and Rs. 300/- as litigation expenses vide order dated 23-3-1983. This order has been challenged in this revision on the ground that the court has no jurisdiction Under Section 18 of the Hindu Adoptions and Maintenance Act to grant interim ...
Dwija Bhoi and Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-14-1985
Reported in: AIR1986Ori88
Pathak, C.J. 1. Both these writ applications arise out of an election under the Orissa Gram Panchayat Act, 1964 (Orissa Act 1 of 1965) (hereinafter referred to as the 'Act') and the Orissa Gram Panchayat Election Rules, 1965 (hereinafter referred to as the 'Rules').2. The Election Officer, opposite party No. 3, by notice dt. 19-12-1983 invited nominations for election to the office of Ward Member for Wards Nos. 8 and 9 of the Balipada Gram Panchayat in the district of Puri. Dwija Bhoi, petitioner in O.J.C. No. 40/84, filed his nomination for election to the office of Ward Member for Ward No. 9 while Purnachandra Nanda, petitioner in O.J.C. No. 41/84 filed his nomination for election in respect of Ward No. 8 in Form No. IV under Rule 29 of the Rules. The Election Officer rejected their nominations on the ground that the petitioners did not mention their age in the declaration in Form No. IV. Form No. IV is quoted below :'FORM No. 4(See Rule 29)Nomination paper tor election of Sarpanch/N...
Sadasivuni Puspa and anr. Vs. S. Divakar Rao
Court: Orissa
Decided on: Mar-14-1985
Reported in: 1985(I)OLR477
J.K. Mohanty, J.1. This revision arises out of an order passed by the Subdivisional Judicial Magistrate, Rayagada on a petition under Section 125 of the Criminal Procedure Code refusing to grant maintenance mainly on the ground that he has no jurisdiction to hear the case.2. Petitioner No. 1 is the wife and petitioner No. 2 is the minor son of the opp. party. Marriage between petitioner No.: 1 and opposite party was solemnised on 21.4.1968 and in 1970 petitioner No. 1 gave birth to petitioner No. 2. Sometime thereafter the opposite party started ill-treating petitioner No. 1 and refused to give food and clothings to the petitioners and ultimately drove her and her son out of his house on 23.6.1971. Petitioner No. 1 finding no other shelter came to the house of her brother who was serving at Rayagada. The opposite party has also in the mean time kept a concubine. According to the petitioners the opp. patty is getting a monthly salary of Rs. 1000/- and as they have no other means to main...
Saura Majhi Vs. State
Court: Orissa
Decided on: Mar-14-1985
Reported in: 1985(I)OLR624
B.K. Behera, J.1. On April 24, 1980, the appellant and Katialu (to he described hereinafter as 'the deceased') were in the Dangarigaon Jungle in the district of Ganjam, the former having gone to collect Salap juice and the latter for collecting leaves. In that summer afternoon, sexual appetite urged the appellant to invite the deceased both in their forties for sexual intercourse. The deceased refused. The appellant wanted to forcibly have sexual intercourse and the deceased gave out that she would report this fact to the villagers. Upon this, the appellant took out the axe (M. O. I) which the deceased had and by means of that instrument, dealt two blows, one on the head and the other on the neck of the deceased, resulting in her death. This then was the prosecution case. The appellant's plea was one of denial and false implication.2. The learned Sessions Judge has accepted the case of the prosecution and has convicted the appellant under Section 302 of the Indian Penal Code and senten...
Pitei Bewa Vs. Laxmidhar Jena and anr.
Court: Orissa
Decided on: Mar-12-1985
Reported in: 1985(I)OLR364
G.B. Pattnaik, J.1. Petitioner is the third wife of late Nari Lena and opposite paries 1 and 2 are the sons of Nari Jena through his second wife. After the death of Nari Jena as opposite parties neglected the petitioner and her two minor daughters, they filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance at the rate of Rs. 70/- per month. It was asserted in their petition that petitioner's husband Nari Jena had left some landed property which had been cultivated by the opposite parties and further opposite party No. 1 was an assistant in the office of the Inspector of Schools. The opposite parties in their objection asserted that the petitioner was not the wife of Nari Jena and further she was not unable to maintain herself. It was also averred by them that some of the lands of Nari Jena had been given to the petitioner for her maintenance and, therefore, she was not entitled to any maintenance from them. The learned Magistrate come to hold tha...
Managing Committee, Veda-ramachandrapur, M.E. School Vs. Kanduri Chara ...
Court: Orissa
Decided on: Mar-12-1985
Reported in: 1985(I)OLR613
G.B. Patnaik, J.1. Defendant No. 1 is the appellant against the affirming judgment.2. The plaintiff filed the suit for a declaration that he was to be deemed to be reinstated in service and continuing in service and for his arrear salary from 11. 11. 1974 to 11. 12 1975, the date of filing of the suit, and for injunction against defendant No. 1 not to obstruct She plaintiff from discharging his duties as a teacher. Plaintiff was appointed as a teacher in July, 1969 by defendant No. 1 in the M. E. School at Veda-Ramachandrapur and on his application for grant of leave to undergo training course, he was granted leave for one year with effect from 5. 10. 1972. According to the plaintiff, on completion of his training he applied to the Secretary of the Managing Committee of the School to join his former post, but he was orally informed that since plaintiff had applied for leave for one year and after expiry of the said one year no fresh application had been filed, his services were termina...
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