Orissa Court June 1985 Judgments
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Masoodul Huq and ors. Vs. Umakanta Misra
Court: Orissa
Decided on: Jun-26-1985
Reported in: 1986CriLJ1204
ORDERG.B. Patnaik, J.1. Petitioner No. 1 is a journalist and an editorial staff of the magazine 'Sunday', Petitioner No. 2 is the Editor; petitioner No. 3 is a Manager and petitioner No. 4 is the publisher of the said magazine 'Sunday'. In this revision petition, all of them have prayed to quash the order of the learned Magistrate taking cognizance of an offence under Section 500 Indian Penal Code.2. The offending article was published in the magazine 'Sunday' dated September, 12-18-1982 under the caption 'How 'honourable' is the Orissa Speaker?' at page 25 of the said issue. The complainant is the son-in-law of the then Speaker and in the complaint petition (annexed as Annexure-2 to the revision petition), portions of the article which are defematory so far as the complainant is concerned have been enumerated in paragraphs IV and V of the said complaint petition. Mr. Mohanty for the petitioners contends that the portions extracted in the complaint petition do not make out the offence ...
Pankaja Padhan and anr. Vs. Ranjit Padhan
Court: Orissa
Decided on: Jun-24-1985
Reported in: AIR1986Ori64
ORDERD.P. Mohapatra, J.1. The defendants in SCC Case No. 13/1 of 1982 of the Court of the Subordinate Judge, Bargarh, have filed this application under Section 115, Civil P. C. challenging the order dt. 22-4-1982 decreeing the said suit.2. The opposite party filed the suit for realisation of a sum of Rs. 450/- together with pendente lite and future interest at the rate of 12 per cent per annum from the petitioner alleging, inter alia, that on 7-9-1981 the defendants purchased 115 pieces of grounds (Makhan) from the plaintiff for Rs. 450/- and promised to pay the price for the same within a week. After lapse of about one and half months on being reminded several times the defendants offered to pay Rs. 200/- only on the plea that the grounds being rotten could not be marketed. The plaintiff refused to accept the amount. On these allegations the plaintiff prayed for realisation of Rs. 450/-together with interest from the defendant towards the price of the gourds supplied to them. In para ...
Dhirendra Kumar Pandey and ors. Vs. Smt. Rashmani Dei
Court: Orissa
Decided on: Jun-24-1985
Reported in: AIR1986Ori133
ORDERD.P. Mohapatra, J. 1. The defendants in O. S. No. 583 of 1979-1 of the court of the Munsif, Puri, have filed this application under Section 115, Civil Procedure Code challenging the order dated 5-12-1981 of the court rejecting, their application for amendment of written statement. The opposite party filed the above mentioned suit against the petitioners for declaration of title over lot Nos. 1 and 2 of thesuit properties, confirmation or in the alternative for recovery of possession and for permanent injunction. The property under lot No. 1 was described in the following manner : -- District Puri, P.S. Pipli, Mouza-Jagannathpur Sthitiban Khata No. 491, Plot No. 2231, Ac. O. 30 dec. (thirty decimals) out of eastern Ac. O. 15 (fifteen decimals) with stone well up to ground level of East-West Length 20' (twenty feet) and North-South 18' (eighteen feet) in the sketch below indicating the land of the defendant No. 1 in plot No. 2230 to its east and lend of the same defendant No. 1 in p...
Gyanendra Pradhan Vs. Smt. Kanak Dei and ors.
Court: Orissa
Decided on: Jun-24-1985
Reported in: AIR1985Ori254; 1985(II)OLR234
ORDERD.P. Mohapatra, J.1. Srimati Kanak Dei, opposite party No. 1 is a plaintiff, decree-holder and the petitioner and opposite parties 2 to 5 are the defendants Judgment debtors in Execution Case No. 100/81 pending before the Munsif, Ist Court, Cuttack. The execution case arises out of Title Suit No. 111/69. The petitioner's application under Section 47, Civil P. C. having been rejected by the executing court by orderdated 5-11-81 she has filed this application under Section 115, Civil P. C. The maintainability of the execution case was challenged on several grounds, the principal one being one of limitation. According to the petitioner the execution case is barred by limitation in view of the provisions of Article 135 of the limitation Act, 1963.2. The decree in Title Suit No. 111/69 was signed on 10-2-1975. The effective portion of the decree read as follows : --'It is ordered that the suit be and the same is decreed on contest against defendant Nos. 1 to 3 and ex parte against the ...
Ramachandra Giri and Three ors. and Madhab Karua Vs. State
Court: Orissa
Decided on: Jun-24-1985
Reported in: 1985(II)OLR68
B.K. Behera, J.1. Arising out of the same judgment and order, these two appeals have been heard together and will be governed by this common judgment.2. I would state briefly the case of the prosecution presented at the trial. Hailing from the neighbouring district of Mayurbhanj, Anita Mohapatra, (P. W. 6) joined as an Auxiliary Nurse-cum-Midwife at Palaspanga in the district of Keonjhar en September 8, i982. An unmarried girl then, she came with her father to Palaspanga and as the quarters meant for her occupation was not habitable, stayed for a day with her father in the quarters of Banamali Misra (P. W. 1), the Agricultural Extension Officer stationed at the same place, in front of her quarters intervened by a road, whereafter she occupied her quarters, After a few days, the father of P. W. 6 want away leaving P. W. 6 alone in the quarters. Doting some nights, stones and brickbates were thrown at her quarters and doors and shutters were knocked for which on the advice of P' W. 1, wh...
G. Laxminarayan Naidu Vs. Chitiboina Yerraiah and anr.
Court: Orissa
Decided on: Jun-24-1985
Reported in: 60(1985)CLT51; 1985(II)OLR119
B.K. Behera, J.1. The petitioner and the opposite party No. 2 figure as the accused persons in a case of cheating under Section 420 of the Indian Penal Code (for short, the 'Code' ) instituted by the opposite party No. 1 as the complainant alleging that the petitioner, having placed an order for supply of coal with the opposite party No. 1 for Rs. 44,043. 50 paise and having paid Rs. 35, 000/- by a cheque and kept the balance amount of Rs. 9, 043.50 paise to be paid, placed another order for Rs. 33,097. 60 paise and drew a cheque for Rs. 42,141. 10 paise bearing No. 034058 dated January 10, 1984 through his clerk, the opposite patty No. 2, which was returned by the Bank as the petitioner had no money to his credit and inspite of several correspondences, the petitioner failed to clear up the arrears. On the basis of these averments in the petition of complaint and the statement of the petitioner recorded under Section 200 of the Code of Criminal Procedure, cognizance has been taken of a...
Krushna Prasad Rajguru Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Jun-24-1985
Reported in: 1985(II)OLR275
B.K. Behera, J.1. The petitioner, practising as an Advocate at Rayagada in the district of Koraput, assails the orders of Conviction recorded against him by the Assistant Sessions Judge, Rayagada, holding him guilty of the charge of kidnapping Rebati Palka with intent to have forcible sexual intercourse with her against her will under Section 366 of the Indian Penal Code (for short, 'the Code'), for having wrongfully confined the kidnapped lady under Section 368 of the Code and for committing rape on her under Section 376 of the Code sentencing him to undergo rigorous imprisonment for a period of three years under Section 376 of the Code and for a period of one year for each of the other two offences with a direction that the sentences of imprisonment would run concurrently which have been maintained by the Sessions Judge, Koraput, while stating incorrectly in the initial part of the judgment that the sentence of imprisonment passed under Section 376 of the Code was ore year. Mr. L. Ra...
Mohan Charan Naik Vs. Swayambhu Nath Khandagiri
Court: Orissa
Decided on: Jun-24-1985
Reported in: 60(1985)CLT252; 1985(II)OLR370
J.K. Mohanty, J.1. This is an application under Section 482, Cr. P. C. for quashing the order dated 12. 6. 1984 passed, by the Judicial Magistrate, First Class, Birmaharajpur, in I. C. C. No. 9/84 by which cognizance was taken against the petitioner under Sections 500 and 501, IPC. and also for quashing the criminal proceeding (I. C. C. No. 9/34).2. The opposite party filed a complaint against the petitioner, who is a Lecturer in English in Birmaharajpur College, and one Srikrushna Prasad Pradhan, the Principal of the said College. The allegation in the complaint petition was that the opposite party is a practising advocate and press-representative of the newspaper 'Dharitri'. It is alleged that on the annual day meeting of Birmaharajpur College held on 23. 4. 1984, the petitioner made some aspersons affecting the reputation and dignity of the opposite party. So the opposite party wrote a letter requesting the President of the Managing Committee and the Principal of the College to issu...
Orissa Road Transport Company Ltd. Vs. Narayan Parida and anr.
Court: Orissa
Decided on: Jun-24-1985
Reported in: (1986)ILLJ270Ori
J.K. Mohanty, J.1. The petitioner, the Orissa Road Transport Company Limited is a company registered under the Indian Companies Act carrying on business of transport having its head office at Berhampur, Ganjam. Opposite party No. 1 was working as a Conductor under the petitioner-company. On 30th March, 1975 while he was the Conductor of bus No. ORC 3690, the bus was checked by the enforcement staff and it was found that opposite party No. 1 had allowed thirteen passengers to travel in the bus without issuing tickets to them, Similarly, on 6th April, 1975 while he was the Conductor of bus No. ORC 2823, in the course of checking it was found that he had allowed thirty-three passengers to travel in the said bus bus without issuing tickets to them. Departmental proceeding was started against opposite party No. 1. Ultimately, on completion of the inquiry, he was found guilty and was discharged from service by order dated 23rd January, 1976. As opposite party No. 1 was a concerned workman in...
Kanthia Singh and anr. Vs. State
Court: Orissa
Decided on: Jun-24-1985
Reported in: 1986(I)OLR8
B.K. Behera, J. 1. The appellant Kanthia Singh stood charged under Section 302 of the Indian Penal Code (for short, 'the Code') for committing the murder of Tikaya Mnduli (to be described hereinafter as' the deceased') by assaulting him to death by means of a Tabla at village Godaplasuni in the district of Dhenkanal in the morning of November 12, 1979.The two appellants along with five co-accused persons stood charged under Section 148 of the code for having committed the offence of rioting being armed with deadly weapons, such as, Tablas, bows and arrows, with the common object to kill the deceased and they also stood charged under Section 302 read with Section 149 of the Code for committing the murder of the deceased in furtherance of their common object.2. Lochan Sahu (P.W.1) had purchased a piece of land from appellant Banshidhar by an unregistered sale deed (Ex.1) in 1975 and was said to be in cultivating possession thereof. In the year of occurrence, he had raised paddy crop. On ...
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