Orissa Court September 1985 Judgments
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Jagamohan Barla Vs. State
Court: Orissa
Decided on: Sep-16-1985
Reported in: 1986(I)OLR29
B.K. Behera, J.1. The Court of Session has held it established an the basis of the evidence of two witnesses to the occurrence, namely, P, Ws. 5 and 6, supported by the medical evidence, while discarding that of another (P. W. 1), coupled with an extrajudicial confession said to have been made by the appellant before P. W. 2, that after a sudden quarrel during the night of November 20. 1979, the appellant, working as a Mazdoor with many others including Albert Tope alias Topen (to be described hereinafter as 'the deceased ), killed the deceased by means of a sickle (M. O. I) when the latter came to the house of Michael Eka with whom the appellant had been staying along with Ratan Munda (P. W. 6). having left the house or the deceased where he had previously been staying after quarrels with him. The appellant has been convicted under Section 302 of the Indian Penal Code (for short,'the Code') and sentenced to undergo imprisonment fox life.2. It is not disputed at the Bar that the deceas...
Raghunath Pattnaik Vs. State of Orissa
Court: Orissa
Decided on: Sep-12-1985
Reported in: 1985(II)OLR396
B.K. Behera, J.1. Upon hearing the learned counsel for the petitioner and the learned Standing Counsel and as agreed to by them, I would,for the reasons to follow, allow the application in revision setting aside the impugned judgment and order recorded by the learned Additional Sessions Judge, Phulbani, dismissing the appeal preferred by the petitioner against the order of conviction recorded-against him under Section 332 of the Indian Penal Code, sentencing him to pay a fine of Rs. 200/- and in default thereof, to undergo rigorous imprisonment for a period of six months and direct re-hearing.2. As would appear from the record of the appellate Court and the impugned appellate judgment, on the date of hearing, the Advocate for the appellant-petitioner did nor appear and the learned appellate Judge heard the learned Public Prosecutor and disposed of the appeal on merits. As has been laid down by the Supreme Court in the case of Khalli and Ors. v. State of Uttar Pradesh 1982 SCC (Cri.) 14...
Sujan Charan Lenka and ors. Vs. Smt. Pramila Mumari Mohanty and ors.
Court: Orissa
Decided on: Sep-11-1985
Reported in: AIR1986Ori74
ORDERK.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Additional District Judge, Cuttack confirming the order passed by the learned Subordinate Judge, Jagatsinghpur under Order 39, Rules 1 and 2 of the Code of Civil Procedure ('Code' for short) restraining the petitioners from entering upon the suit land.2. In the suit, opposite party No. 1 is the plaintiff and opposite party No. 2 and the petitioners are defendants. Indisputedly, opposite party No. 2 (defendant) was the previous owner of the suit land consisting of a thatch house and fruit bearing trees- He is a close relation of the husband of opposite party No. 1. According to the case set up by opposite party No. 1, opposite party No. 2 having settled down in a different village agreed to sell the suit land in favour of opposite party No. 1 for a consideration of Rs. 17,000/- and executed a deed of contract for sale in her favour on 21-3-1984. In part performance of the contract opposite party ...
Registrar of Companies Vs. Orissa Paper Products Ltd. and ors.
Court: Orissa
Decided on: Sep-11-1985
Reported in: 60(1985)CLT524; 1985(II)OLR473
S.C. Mohapatra, J.1. This is an appeal against the order of acquittal of the respondents in respect of the prosecution for punishment under Section 220(3) of the Companies Act, 1956 (hereinafter referred to as ' the Act').2. M/s. Orissa Paper Products Ltd. (accused No. 1) is a company incorporated on May 30, 1969, under the Act. For the year ending on June 30, 1977, the balance-sheet of the company and its profit and loss account were not filed with the Registrar of Companies, Orissa, as required under Section 220(3) of the Act. Therefore, the Registrar issued notice No. PS/D/523/2170(5), dated September 13, 1978, by registered post separately to the company and its four directors, namely, (i) Himansu Sekhar Misra (accused No. 2), (ii) Bhimasen Misra (accused No. 3), (iii) Balakrushna Sarangi (accused No. 4) and (iv) Mehboob Khan. The notice having no effect, the Registrar of Companies filed a complaint on July 6, 1979, in the court of the Sub-Divisional Judicial Magistrate, Sadar, Cut...
Bharat @ Kathia Mallik Vs. Niasi Mallik
Court: Orissa
Decided on: Sep-10-1985
Reported in: 60(1985)CLT433; 1985(II)OLR435
G.B. Pattnaik, J.1. The petitioner in this application challenges the legality of the order dated 18.3.1931 passed by the Judicial Magistrate, First Class, Narasinghpur, by which the learned Magistrate heard the application ex parte and granted maintenance to the tune of Rs. 200/- per month to the opposite party.2. From the order-sheet of the Magistrate it appears that an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the 'Code' ) was filed on 4. 2. 1981 and the learned Magistrate directed for issue of summons fixing 2. 3. 1981 for filing objections. On 2. 3. 1981, be recorded in the order-sheet that the service return indicated that the opposite party refused to accept the summons and, therefore, the process-server served the same by affixture. This was treated to be sufficient and the learned Magistrate posted the matter to 13.3.1981 for hearing, On 13. 3. 1981, he examined the applicant-opposite party and passed the final order on 18.3.19...
Padma Bewa Vs. Krupasindhu Biswal and ors.
Court: Orissa
Decided on: Sep-09-1985
Reported in: AIR1986Ori97; 60(1985)CLT531
Behera, J.1. The unsuccessful plaintiff is in appeal against the judgment and decree passed by the learned Subordinate Judge, Dhenkanal, dismissing her suit for a declaration that the defendants-respondents, one of them being her husband's brother and the other two being the sons of her husband's brother, had not acquired any title over the suit land by virtue of Ext. 1, the sale deed executed by her deceased husband in the year 1968, which, according to the appellant, had been fraught with fraud and misrepresentation. The respondents, it was alleged by her, had got this deed executed by playing fraud and by misrepresenting that some modifications were necessary to the earlier deed of sale (Ex. H) executed by her husband in their favour in 1950. The appellant had also prayed for permanent injunction, for confirmation of her possession in respect of the land in suit and in the alternative, for restoration of possession to her in case it was found that she had been dispossessed. The resp...
Krushna Kumari Bewa Vs. Kendrapara Co-operative Land Development Bank
Court: Orissa
Decided on: Sep-09-1985
Reported in: 60(1985)CLT543; 1985(II)OLR375
D.P. Mohapatra, J.1. The core question that arises for consideration in this Civil Revision petition is whether the decree under execution is a nullity in view of the provisions of the Orissa Land Reforms Act, 1960 (hereinafter referred to 'the O. L. R. Act') which bar jurisdiction of the Civil Court.2. The opposite party, Kendrapara-Co-operative Land Development Bank, filed Title Suit No. 394 of 1978 in the Court of the Munsif, Kendrapara, for arrears of bhag dues, eviction of the petitioner from the suit land and for delivery of possession through Court. The suit was decreed ex parte against the petitioner. Thereafter, the opposite party-decree-holder filed Execution Case No. 11 of 1981 for execution of the above mentioned decree.In the execution case, the petitioner filed an application under Section 47. Civil Procedure Code ('Code' for short), challenging the decree on two grounds ; (i) that the execution case is hit under Sec, 4(4) of the Orissa Consolidation of Holdings and Preve...
Rama SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Sep-09-1985
Reported in: 1986(I)OLR185
G.B. Pattnaik, J. 1. This is an application by one of the accused persons in Sessions Trial No. 4/170 of 1985/1983 pending in the Court of the Assistant Sessions Judge, Nayagarh, praying to quash the charges framed against him by invoking the inherent jurisdiction of this Court.2. According to the prosecution case while certain illicit timbers were being, transported in a truck, the truck was checked, but before the truck stopped, the petitioner jumped from the truck and an away. After completion of investigation, police submitted charge-sheet against the petitioner along with one Brundaban Naik. The learned Magistrate also discussed the materials against the petitioner to the effect that he jumped from the truck when the truck was stopped for checking and thereafter he has framed charges against the petitioner under Sections 307/34 and 427/34, Indian Penal Code and Rule 21 of the Orissa Timber Transit Rules.3. Though a revision was carried to the learned Sessions Judge against the fra...
Narahari Mallick and Madhab Pradhan Vs. Collector
Court: Orissa
Decided on: Sep-09-1985
Reported in: 60(1985)CLT435; 1985(II)OLR403
B.K. Behera, J.1. These two writ applications arise oat of the same impugned order (Annexure-9 in O. J. C. No. 1543 of 1985 and Annexure-7 in O. J. C. No. 1544 of 1985) passed by the Collector, Dhenkanal, (opposite party) removing the two petitioners under Section. 26(2) of the Orissa Grama Panchayat Act, 1964 ('the Act', for short ) as Ward Members of the Nihalprasad Grama Panchayat on the ground that they had incurred disqualification to continue as such under Section. 25 (2) (d) of the Act. The writ applications have been heard together and will be governed by this common order.2. According to the petitioner, they had not incurred the alleged disqualification as they were not in arrears of any accrued due payable by them to the Nihalprasad Co-operative Seciety (to be described hereinafter as the 'Society') within six months from the date or issue of a notice by that Society and Annexure-4 in O. J. C. No. 1543 of 1985 and Annexure-1 in O. J. C. No. 1544 of 1985, two certificates issu...
Ratha Jena Vs. State of Orissa
Court: Orissa
Decided on: Sep-06-1985
Reported in: 60(1985)CLT497; 1986CriLJ490
ORDERK.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Sessions Judge, Balasore affirming conviction of the petitioner for an offence under Section 380 of the Indian Penal Code ('I.P.C.' for short) and reducing the sentence of imprisonment to three months.2. The prosecution case in brief was that in the early morning of 25-7-1973, P.W. 1 (informant) found that a pair of bullocks belonging to him had been stolen from his cowshed. He went in search of them and found one head of bullock near his village. He went in further search of the other bullock along with P.Ws. 2 and 3. In course of search he learnt at village Ranital that the villagers of Mundamara had detained a person on the suspicion that he had stolen a head of bullock. He went to village Mundamara and found the missing bullock belonging to him. He was also told by P.Ws. 4, 5 and 6 belonging to village Mundamara that the petitioner was taking away the bullock and so he was detained. P.W. 1 t...
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