Orissa Court September 1985 Judgments
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Sobha Chandra Gouda Vs. State
Court: Orissa
Decided on: Sep-06-1985
Reported in: 1986(I)OLR111
S.C. Mohapatra, J1.In this appeal from jail, the appellant has challenged his convictions under sections 302 and 379 of the Indian Penal Code- Since the appellant was going undefended, we engaged Mr. A.K. Naik, Advocate to represent him at the State expense.2. Brief narration of the prosecution case is that on 21.1.1931 in the night the appellant was going with the deceased and P. W. 3 to village Kadalimunda to see cinema. On the way he caught hold of the neck of the deceased, pushed her to also short distance and made her to fail on the ground. After she fell down, the appellant dealt knife blows on her neck resulting her death at the spot. The appellant removed the ornaments from the body of the deceased. Assuring P. W. 3, who was his servant, to give share of the ornaments, the appellant threatened him not to disclose the occurrence. On 22.1.1981, P. W. 2 orally reported at Gothmunda Out Post at 11-30 p.m. that somebody had killed Palak Dei, the deceased. A Station diary entry was m...
Md. Tafazul Rahman Vs. State of Orissa
Court: Orissa
Decided on: Sep-06-1985
Reported in: 1985CriLJ1971
K.P. Mohapatra, J.1. In this appeal challenge is to the Order passed by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Sections 161,465 and 477A of the Indian Penal Code ('I.P.C.' for short) and under Section 5(2). read with Section 5(l)(d) of the Prevention of Corruption Act (hereinafter referred to as the 'Act') and sentencing him to undergo rigorous imprisonment for one year for each offence with a further direction that the sentences shall run concurrently.2. The prosecution case may be stated in brief. The appellant was a public servant employed as the Stenographer of the Superintending Engineer, P.W.D. (R & B), Sambalpur. P.W. 12 Manoranjan Patnaik was a Contractor who had submitted an application in the office of the Superintending Engineer for registration as a 'D' class Contractor. On 3-8-1976 he met the appellant and made a specific request for registration because, the appellant was dealing with such matters. The appellant told that a sum of ...
Hariprasad Chhopadia Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-05-1985
Reported in: 1986(10)ECC248
P.C. Misra, J.1. 'This is a petition under Article 226 of the Constitution of India challenging the validity of the order of detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, 'the Act'). The petitioner is a resident of Bargarh in the district of Samabalpur who was served with the order of detention dated 10-6-1985 (Annexure-1) along with the grounds of detention and some documents in support thereof to the effect that with a view to preventing him from smuggling primary gold of foreign origin and foreign make wrist watches, engaging and transporting, concealing and keeping these smuggled goods and dealing in these smuggled goods, his detention under Section 3(1) of the Act is necessary. The petitioner was arrested and detained with effect from 12-6-1985. On receipt of the order of detention as aforesaid, the petitioner submitted his representation on 28-6-1985.2. According to the petitioner, there has been ...
Ratna Munda and anr. Vs. the State
Court: Orissa
Decided on: Sep-03-1985
Reported in: 1986CriLJ1363
B.N. Misra 1. Appellants 1 and 2 are father and son respectively. Both of them have been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life.2. The prosecution case may be briefly stated. The deceased, his son P.W. 9 and the two appellants belong to village Vejidihi. On 27-2-81 the deceased and his son P.W. 9 had gone to the weekly market at Kadakala and on their return journey they were accompanied by the two appellants. On the way some quarrel took place between the appellants and the deceased and in course of the quarrel appellant 1 gave a lathi blow and appellant 2 gave a bahungi blow to the deceased. As a result of this assault the deceased died at the spot. P.W. 9 returned home and informed his mother, P.W. 6. P.W. 6 informed the village Gramrakhi P.W. 2, the next morning. P.W. 2 came to the village and before him and the other villagers appellant 2 confessed his crime. Appellant 2 also produced a bloodstained Bahungi before P.W. 2. On 1-3-8...
Duryodhan Samal Vs. Smt. Uma Dei and ors.
Court: Orissa
Decided on: Sep-02-1985
Reported in: AIR1986Ori30; 60(1985)CLT360
P.C. Misra, J. 1. This appeal arises out of a suit for partition (O. S. No. 136 of 1978-I of the Court of the Subordinate Judge, Bhadrak) which was instituted on 6-10-1978 and was disposed of by judgment dt. 28-2-1985 and decree dt. 13-3-1985/15-3-1985. This appeal valued at Rs. 5,900/-, the same being the valuation of the suit out of which it arises, was filed on 3-5-1985 in this Court. A question as to the maintainability of this appeal has been raised in view of the provisions contained in Section 16(2) of the Orissa Civil Courts Act, 1984 (Orissa Act 18 of 1984) (for short, hereinafter referred to as 'the Act') The Act was assented to by the President of India on 30-7-1984. Section 1(3) of the Act provides that this Act shall come ' into force on such date as the State Government may, by notification, appoint in this behalf. In exercise of the said power conferred by Section 1(3) of the Act, the State Government by notification dated 21-12-1984 has appointed the 1st day of January,...
Narayan Mishra and ors. Vs. Champa Dibya (Dead) and ors.
Court: Orissa
Decided on: Sep-02-1985
Reported in: AIR1986Ori53; 60(1985)CLT487
Behera, J.1. Champa Dibya. Who originally figured as the respondent 1 and has been substituted on her death by the respondent 1/a Bhabani Dei, had instituted a suit for declaration of her title over B, C and D schedule lands after setting aside the deeds of gift in respect of B and C schedule lands (Exts. A and A(1)) said to have been executed by her in favour of appellant 1 and respondent 3 who had figured as defendants 2 and 4 respectively in the suit and the sale deed said to have been executed by her in favour of appellant 3 (defendant 5) which had been got executed by appellant 2, one of the gift deeds being in favour of his son (appellant 1) (defendant 2) then a minor who has attained majority, by practising fraud and deception and by falsely representing to her that she should execute a power-of-attorney in favour of appellant 2 to effectively look after her properties. The case of the deceased respondent Champa was that her late husband Gobardhan had three brothers, namely, Dho...
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