Orissa Court August 1985 Judgments
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Collector Vs. Hrudayachandra Pradhan and ors.
Court: Orissa
Decided on: Aug-12-1985
Reported in: 1985(II)OLR351
B.K. Behera, J.1. The award passed by the learned Subordinate Judge, Dhenkanal, on a reference made under Section 18 of the Land Acquisition Act (for short, the 'Act') is under challenge in this appeal. Lands measuring an area of 18.27 acres were acquired by the State Government for public purposes. The Land Acquisition Collector valued the land at Rs. 60/- per gunth at a flat rate. The respondents Nos. 1 and 2 received the compensation awarded by the Land Acquisition Collector under protest and claimed higher valuation for the lands at Rs. 250/- per gunth. They led evidence before the learned Subordinate Judge who valued the lands at Rs. 100/- per gunth. The respondents Nos. 1 and 2 were, awarded a sum of Rs. 22, 996.80 paise towards the compensation along with interest thereon at the rate of 6 per cent per annum with effect from May 11, 1968 till its realisation.2. The learned Advocate General has raised but one question, viz., the valuation of the land, which, according to him, has ...
State Bank of India Vs. Sk. Samtulla
Court: Orissa
Decided on: Aug-09-1985
Reported in: 1985(II)OLR292
B.K. Behera, J.1. The State Bank of India is in appeal against the impugned judgment and decree for money passed in its favour only as against the respondent holding that the suit had abated as against the defendant No. 2, the brother of the respondent jointly living with him at the time of entering into the transactions and executing two promissory notes (Exts. 1 and 2) and the two mortgage bonds of hypothecation (Exts. 3 and 4). The claims of the appellant based on Exts. 1 to 4 and supported by the only witness examined for it had not been disputed by the respondent who had examined himself as a witness. There was, in fact no contest with regard to the claims of the appellant. The only question raised was one of abatement of the entire suit as the defendant No. 2 had died during the pendency of the suit on 25.3.1974 leaving her widow Jaitoon Bibi without any issue. The learned Subordinate Judge has held that as both the defendants were jointly and severally liable and it was open to ...
The Executive Officer, Notified Area Council Vs. Kintali Natabar Prust ...
Court: Orissa
Decided on: Aug-07-1985
Reported in: 60(1985)CLT296; 1985(II)OLR298
S.C. Mohapatra, J.1. Defendant No. 3 is the appellant. The appeal arises out of an order granting temporary injunction in a suit for confirmation of possession and permanent injunction. The suit relates to a tank and its embankments locally known as 'Kendu Gadia' measuring 1 acre 41 cents.2. Claiming to be in peaceful possession since 1938, plaintiffs prayed for temporary injunction as the State of Orissa (defendant No. 1) transferred the tank to Polosora Grama Panchayat and subsequently it has been transferred to the Kodala Notified Area Council and in view of the fact that a proceeding has been initialed against the plaintiffs under the Prevention of Land Encroachment Legislation in the State for their eviction.3. The defendants have resisted the prayer for injunction Their case is that the tank was transferred to Polosora Grama Panchayat and thereafter to Kodala Notified Area Council.4. A bare reading of the petition for injunction, the objection thereto and the documents filed lead...
Nisamani Bawa and ors. Vs. Laxman Nayak
Court: Orissa
Decided on: Aug-05-1985
Reported in: AIR1986Ori181
G.B. Patnaik, J.1. Defendants are the appellants against the order of the Additional District Judge, Puri who by the impugned order has set aside the judgment and decree of the learned trial Court and remanded the matter for fresh disposal in accordance with law. The plaintiff filed the suit for declaration that defendants 2 and 3 have not acquired any title in respect of 'Ka' and 'Kha' schedule properties under the registered sale deeds executed by defendant No. 1 in favour of them. Plaintiff is the son of defendant No. 1 and defendants 2 and 3 are the married daughters of said defendant No. 1.2. According to the plaint case, the properties described in Schedule 'Ka' and 'Kha' of the plaint are the joint ancestral family properties, the joint family consisting of himself and his father, defendant No. 1. On 14-5-76, his father defendant No. 1 transferred Schedule 'Ka' lands in favour of defendant No. 2 and Schedule 'Kha' lands in favour of defendant No. 3 by registered sale deeds witho...
Raj Kishore Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-05-1985
Reported in: AIR1986Ori222; 60(1985)CLT444
G.B. Patnaik, J.1. The unsuccessful tenderer for grant of exclusive privilege of wholesale supply of country spirit in the district of Koraput for the year 1985-86 is the petitioner impugning in this writ petition the settlement of the said privilege on opposite party No. 4.2. Pursuant to the tender notice issued under the signature of the Excise Commissioner, Orissa (Opposite party No. 3) dated 26-12-1984 (Annexure A), the petitioner submitted his tender. There were three tenderers competing in the field and admittedly the petitioner's tender was the lowest being Re. 0.89 paise per L. P. Litre. According to the petitioner's case, he being the lowest tenderer, his offer should have been normally accepted, but without accepting his tender and even without cancelling the same, opposite party No. 3 entered into negotiation with the petitioner as well as other tenderers. In the negotiation, the petitioner had offered to reduce the price to Re. 0.84 paise per L. P. Litre. But the privilege ...
Jhadu Gouda Vs. State of Orissa
Court: Orissa
Decided on: Aug-05-1985
Reported in: 60(1985)CLT392; 1985(II)OLR358
B.K. Behera, J.1. The Court of Session has held the case of the prosecution established that the appellant was one of' the two persons-the other being Kailash said to be absconding when the appellant was tried-who took Radha Bai (P. W. 8), sitting at about midnight on the railway platform at the Khariar Road railway station in the district of Kalahandi inside a hume pipe and committed rape on her against her will and without her consent during the night of October 22/23, 1980. To bring home the charge to the appellant, whose case was one of denial and false implication, the prosecution had examined twelve witnesses On a consideration of the evidence, the learned trial Judge found that the charge had been brought home to the appellant and accordingly the appellant was convicted under Sec. 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years. The appellant has assailed the judgment and order of conviction as unfounded on the evidence.2. H...
State of Orissa Vs. Chamara Panda
Court: Orissa
Decided on: Aug-05-1985
Reported in: 1985(II)OLR347
B.K. Behera, J.1. The State is in appeal against the judgment and order of acquittal recorded by the learned Special Judge (Vigilance), Sambalpur, finding the respondent to be not quality of the charges under Section 5(2) read with Section (l) (c) of the Prevention of Corruption Act, 1947 and under Section 409 of the Indian Penal Code with having committed criminal misappropriation in respect of an amount of Rs. 5,486.44 paise between April 1, 1968 and March 31, 1969 in his capacity as the Store-keeper-cum-Accounts Clerk in the Attabira Block Office in the district of Sambalpur and the misappropriated sum, it was alleged, had not been deposited by the respondent out of the sale proceeds of pesticides and fertilizers kept in his charge. It had not been disputed by the defence that the respondent at the relevant time had been functioning as the Store-keeper-cum-Accounts Clerk. It had also not been disputed that he was in charge of the sale of the pesticides and fertilizers. The case of t...
Vellagada Nageswar Rao Alias V. Nageswar Rao Vs. State of Orissa and o ...
Court: Orissa
Decided on: Aug-05-1985
Reported in: 1986(I)OLR72
G.B. Pattnaik, J. 1. These revisions were heard together since common questions of fact and Jaw are involved and are, therefore, being disposed or by this common judgment. Criminal Revision No. 156 of 1983 is directed against the order of the Sub-Divisional Judicial Magistrate, Gunupur, taking cognisance of an offence under Section 211, Indian Penal Code, against the petitioner and issuing summons for appearance of the accused. Criminal Revision No. 234 of 1983 is directed against the order of the learned Magistrate dismissing the complaint filed by the petitioner on 19-11-1982 in ICC Case No 83 of 1982. Criminal Revision No. 555 of 1983 is directed against the order of the learned Magistrate refusing petitioner's prayer to stay further proceeding in G. R. Case No. 237 of 1982 which has been started against the petitioner on the allegations made by the accused of the complaint case.2. The brief facts of the case are that the petitioner had lodged on F. I. R. in Gunupur Police Station a...
Radhashyam Nayak Vs. Sukadev Naik
Court: Orissa
Decided on: Aug-01-1985
Reported in: 60(1985)CLT424; 1985(II)OLR551
D.P. Mohapatra, J.1. The judgment-debtor in execution case No. 11 of 1981 pending before the Subordinate Judge, Balasore, has filed this petition under Section 115, Civil Procedure Code challenging the order dated 5.5. 1982 rejecting his objection under Order 21, Rule 17, Civil Procedure Code to the valuation of the property attached.The opposite party (decree-holder), filed C. S. No. 122 of 1978 before the Subordinate Judge, Balasore, for partition of the suit property. While disposing of the suit the Court directed the petitioner (defendant) to pay to the opposite party (plaintiff) 30 quintals of paddy for bringing about equalisation of the shares allotted to the parties. The price of the paddy was assessed at Rs. 3,150/- at the price prevailing then. Thereafter the opposite party levied execution for realisation of the sum of Rs. 3,150/-and sought to attach Ao. 46 2/3rd decimals of land under Plot No. 318, Khata No 117 in Mouz'a Gourdia in Balasore district along with house standing...
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