Orissa Court July 1985 Judgments
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Bhagabati Dibya Vs. Paramananda Mallik and ors.
Court: Orissa
Decided on: Jul-06-1985
Reported in: AIR1986Ori95; 60(1985)CLT180
B.N. Misra, J.1. The petitioner is a widow and she owns 3.25 acres of paddy lands in village Diniari. Being unable to personally cultivate her lands on account of physical disability she had allowed opposite party No. 1 to cultivate her lands and to pay her 21 (pautis) of paddy and 15 pautis of mung as sanja per year. In default of payment of rent by opposite party No. 1, the petitioner filed an application under Section 15(1)(c) of the Orissa Land Reforms Act 1960 (hereafter referred to as the 'Act') praying for eviction of opposite party No. 1 on the ground of non-payment of rent for the years 1973, 1974 and 1975. The petitioner's application was considered by opposite party No. 2 in O. L. R. Case No. 26 of 1975. Upon hearing both sides opposite party No. 2 by his order dt. 31-1-1977 found that the petitioner had established her case and accordingly directed eviction of opposite party No. 1 with effect from 1-4-1977. The appeal filed by opposite party No. 1 was dismissed by opposite ...
Prafulla Chandra Sahu Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-06-1985
Reported in: 1985(II)OLR304
J.K. Mohanty, J.1. Petitioner was appointed as Lower Division Clerk in the office of the District Animal Husbandry and Veterinary Officer, Angul (Dhenkanal) mi temporary basis on 7. 11. 1956. In course of time be was prompted to the post of Head Clerk with detect from 21.1.1961 and he worked as such till 16. 7. l968 According to the petitioner the post of Head Clerk of District cadre is equivalent to Grade II Assistant: of the office of the Director of Animal Husbandry and veterinary Services (in short 'D. A. V.S.'). He was confirmed against the permanent post of Accounts Clerk of Northern Range in District cadre with effect from 1. 7.1964. While the petitioner was serving in the office of the District Animal Husbandry and Veterinary Officer, Dhankanal, he was transferred as Head Clerk to the establishment of Artificial Insemination Officer, Cuttack, (this office has' now been designated as Deputy Director (Insemination ) which is a District cadre establishment under the Directorate of...
M. Bhimaroo Dora Vs. Bhajaram SwaIn and ors.
Court: Orissa
Decided on: Jul-05-1985
Reported in: 1985(II)OLR176
K.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Executive Magistrate, Bhanjanagar, on 3.9.1983 terminating the proceeding under Section 107 of the Code of Criminal Procedure (hereinafter referred to as 'Code').2. The parties to the proceeding had previous litigation. The petitioner complained of overt acts perpetrated by the opposite parties on several dates whereby, there was apprehension of breach of peace on satisfaction of which, the learned Executive Magistrate, on 4.1.1983, drew the preliminary order and directed the opposite parties to appear before him on 22. 1. 1983 and show cause why they should not execute bonds of Rs. 500/- each wish one surety for the like amount to keep the peace for a period of one year.3. On 22. 1. 1983, the opposite parties appeared and applied for adjournment to show cause. Adjournment was granted and they were permitted to show cause on 25. 2. 1983. On 25. 2. 1983, the counsel for the opposite parties who repres...
Mst. Dukhi Pradhani and anr. Vs. Shyam Sundar Sahu and ors.
Court: Orissa
Decided on: Jul-05-1985
Reported in: 60(1985)CLT172; 1985(II)OLR148
S.C. Mohapatra, J.1. In this Civil Revision petitioners have challenged the order dated 15.4.1982 of the trial Court finding that the appeal against the decree having abated, the further petition under Section 144, C. P. C. arising out of the suit in the execution proceeding also abates and it would not be competent in view of the restriction imposed under Section 4 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act') to pass any further order as prayed for by the petitioners.2. Executing a decree for recovery of possession of 11. 47 acres of land from the petitioners, plaintiffs obtained delivery of possession on 23.11.1978 through Court. After the delivery of possession, the judgment-debtors (petitioners) filed an application under Section 47, C. P. C. challenging the execution. This application was registered as Misc. Case No. 167 of 1978 in the Executing Court.3. The petitioners had preferred an appeal in t...
Nimala Arjun Vs. State
Court: Orissa
Decided on: Jul-03-1985
Reported in: 1985(II)OLR179
B.K. Behera, J.1. The Court of Session has held, the case of the prosecution established that during the night of the 18th/19th April, 1380, the appellant killed Nimalu Sukru (hereinafter referred to as the 'deceased') by stabbing him by means of knife while both 'of them were sleeping on the Rayagada-Gunupur P. W. D. road near the Forest Check-Gate at Penkam in the district of Koraput which the appellant's wife (P. W. 3) sleeping nearby, as the deceased was said to be the paramour of his wife and has convicted him and sentenced him to undergo imprisonment for life under Section 302 of the Indian Penal Code. The plea of the appellant was one of denial and false implication. No one had witnessed the actual stabbing on the person of the deceased by the appellant. The case of the prosecution rested on an oral dying declaration made by the deceased naming the appellant as his assailant and some items of circumstantial evidence.2. It is not disputed at the Bar that the deceased had died a h...
Chandrai Majhi Vs. the State
Court: Orissa
Decided on: Jul-03-1985
Reported in: 1986CriLJ1694
B.K. Behera, J. 1. The appellant stood charged under Section 302 of the Penal Code (for short 'the Code') with having committed the murder of Salma Bewa (hereinafter described as 'the deceased') on July 9, 1980, at Kasijharan in the district of Mayurbhanj. The case of the prosecution was that while the dead body of the child Dulari, the sister's daughter of the appellant, was being taken to the cremation ground by the villagers including P.Ws. 2 to 4, the appellant, suspecting that Salma had killed the child by playing witchcraft, dealt blows by means of an axe (M.O.I) on her head and neck which resulted into her death. The appellant left M.O.I. on the spot and went away. On the first information report being lodged by P.W. 5, investigation was taken up and on its completion, a charge-sheet was placed and the appellant was prosecuted. The appellant's plea was one of denial and false implication.2. Of the seven witnesses examined for the prosecution, P.Ws. 2 to 4 had figured as the witn...
Durga Charan Majhi Vs. Tahasildar-cum-revenue Officer and ors.
Court: Orissa
Decided on: Jul-02-1985
Reported in: 1985(II)OLR174
Pathak, C.J.1. This writ application is directed against the order dated 29. 6. 1978 passed by the Collector, Mayurbhanj, opposite party No. 3, in O. L. R. Revision Case No. 1 of 1978 by which he has rejected the petitioner's revision petition to move the Member, Board of Revenue, under Section 44(2) of the Orissa Land Reforms Act, 1 60 (hereinafter called the 'Act') to revise the order dated 27. 12. 1976 passed by the Revenue Officer, Udala, in O. L R. Case No. 66 of 1974.2. A brief narration of the facts leading to the writ application is that a ceiling proceeding under the Act was initiated suo motu against Jaba Dei, opposite party No. 2, who is since deceased and substituted by her legal representatives. In that ceiling proceeding, the petitioner appeared and gave evidence. However, on the materials on record, the learned Revenue Officer, opposite party No. 1, came to the conclusion that opposite party No. 2 was having ceiling surplus /ands to the extent of Act 11.80 dec. The prese...
Biranchi Mahakud and ors. Vs. Revenue Officer and ors.
Court: Orissa
Decided on: Jul-02-1985
Reported in: 60(1985)CLT184; 1985(II)OLR152
Pathak, C.J.1. This writ application arises out of a ceiling surplus proceeding under the Orissa Land Reforms Act (hereinafter called the 'Act').2. Daitari, Dinabandhu, Dirju alias Duryodhan and Damodar are the four sons of Baiju Mahakud. Daitari, one of the brothers of the first branch, filed a return under Section 40-A of the Act and a proceeding under the Act was initiated. The draft statement was prepared. In that proceeding, the land owner Biranchi Mahakud, petitioner No. 1 (son of Daitari), Basanti, petitioner No. 3 (wife of Dinabandhu of the 2nd branch), and Duryodhan, petitioner No. 5, of the 3rd branch were present and they filed their objection claiming that they were separate and aged persons. That fact has been noticed by the Revenue Officer in his order dated 30th August, 1975 in O.L.R. Case No. 18 of 1973. It appears that the learned Revenue Officer has not properly considered the contentions raised on behalf of Dinabandhu and Duryodhan's branches, On 7. 12. 1975, as if b...
Dijabar and anr. Etc. Vs. Sulabha and ors.
Court: Orissa
Decided on: Jul-01-1985
Reported in: AIR1986Ori38
ORDERD.P. Mohapatra, J. 1. The principal question involved in these applications under Section 115, Civil P. C. is whether the District Judge, Puri committed an error of jurisdiction in entertaining Misc. Appeal No. 109 of 1980 filed before him, admittedly after expiry of the period of limitation. 2. The relevant facts giving rise to the present proceedings may be stated thus : --Dijabar alias Dija Baral and Madhab Baral, the petitioners in C. R. 136 of 1981 filed O. S. No. 52 of 1977(1) in the Court of the Subordinate Judge, Puri for declaration of title and recovery of possession of the suit properties, A 0.99 decimals of land appertaining to Plot No. 59 under sthitiban Khata No. 27 in village Talabapa. During pendency of the suit the defendant No. 1, Bhabani died and opposite parties 1 to 5 were substituted in his place. None of the said opposite parties excepting opposite party No. 4, a minor who was represented by guardian appeared in the case. The other defendants were set ex par...
Nilaratanprasad Shaw Vs. State of Orissa
Court: Orissa
Decided on: Jul-01-1985
Reported in: AIR1986Ori194; 60(1985)CLT191
B.N. Misra, J.1. This appeal has been filed under Section 29(l)(vi) of the Arbitration Act, 1940 (hereinafter referred to as the 'Act'). The appellant is a registered Contractor under the State Government. The respondent; entrusted him with the work of widening the : pavement of National Highway No. 5 from 209 Km. to 214/O Km. vide agreement No. 30 12 of 1973-74, Thereafter disputes arose between the parties and on being moved by the appellant, the Chief Engineer appointed the Superintending Engineer, Investigation Circle, Bhubaneswar as the Arbitrator to decide the disputes. Thereafter the appellant applied to the court for removal of the said Arbitrator and this prayer of the appellant was allowed after hearing both parties. Finally the Court appointed Shri S.K. Das, Member of the Arbitration Tribunal, Orissa as the Arbitrator to decide the disputes. After considering the claim and counter claim of the parties, the learned Arbitrator by his award dated 29-11-1982 gave an award for Rs...
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