Orissa Court October 1989 Judgments
Jagannath Sabar and ors. Vs. Mst. Gana Bewa and ors.
Court: Orissa
Decided on: Oct-26-1989
Reported in: AIR1990Ori164
S.C. Mohapatra, J. 1. Defendant Nos. 3 and 5 to 7 are the appellants in this First Appeal since purchases by defendant Nos. 3 to 7 under Exts. A and B have been declared by the trial Court to be invalid. 2. Plaintiff No. 1 is the mother and natural guardian of plaintiff No. 2. Defendant Nos. 1 and 2 are members of the joint family of which plaintiffs are also members as per the following genealogy : DakhinRaghunath Jagannath AkhilLaxmi Prasad= Gana (P. 1)Bipin Behari (P. 2) 3. Plaintiff Nos. 1 and 2 and defendant Nos. 1 and 2 are members of the Scheduled Tribe and are Hindus governed by Mitakshara School of Law. They possess rayati lands and Choukidar Service lands. On abolition of services by the Orissa Village Services Abolition Act, 1964 with effect from 1-5-1965, the service tenure lands vested in the State Government and were settled with plaintiff No. 2 and defendant No. 1 in respect of some portions and with defendant No. 2 in respect of some other portions. 4. Case of the plain...
Tag this Judgment!Ratikanta Rout and ors. Vs. State
Court: Orissa
Decided on: Oct-24-1989
Reported in: 69(1990)CLT702; 1990CriLJ291
K.P. Mohapatra, J.1. This appeal is directed against the judgment passed by the learned Additional Sessions Judge, Sambalpur, in S.T. No. 62/5/17 of 1980/81 and S.T. No. 9/6 of 1981, convicting the appellants under Sections 147, 148, 323 and 324 read with Section 149, I.P.C. and sentencing each of them to undergo rigorous imprisonment for four months on each count except for the offence under Section 147, I.P.C. for which no separate sentence was imposed, with a further direction that the sentences shall run concurrently.2. Prosecution case : The occurrence took place on 9-1-1980 at about 9.50 p.m. at Belpahar. The injured, Jaya Krishna Naik (P.W. 11), deceased Ramesh Chandra Samantray (for short referred to as 'Samantray') and most of the prosecution witnesses were employees of Belpahar Refractory Factory. P.W. 11, Samantray and the prosecution witnesses belonged to a labour union headed by one Chiranjilal which was not recognised by the employers of the factory. The appellants belong...
Tag this Judgment!Sarat Chandra Naik and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-24-1989
Reported in: 1990CriLJ402
K.P. Mohapatra, J.1. These two criminal appeals arise out of the judgment passed in Sessions Trial No. 27 of 1983 and have been heard analogously. In the former appeal, the appellants were acquitted of charges under Sections 147, 148, 324 and 302 read with Section 149 and were convicted under Section 323, I.P.C. but sentenced to undergo rigorous imprisonment for six months each. In the latter appeal, appellant Biswanath was convicted under Section 302, I.P.C. and was sentenced to undergo imprisonment for life. The other two appellants, like the appellants of the former appeal, were only convicted under Section 323, I.P.C. and were sentenced to undergo rigorous imprisonment for six months each after acquittal of the other charges. This common judgment will govern both the appeals.3. Prosecution case stated in brief is that on 7-10-1981 at about 7.00 a.m. to 8.00 a.m. Nira, brother of P.W. 1 was cleaning the ground at the root of a cocoanut palm planted about seven years back in front of...
Tag this Judgment!Laxman Sahu Vs. State of Orissa
Court: Orissa
Decided on: Oct-20-1989
Reported in: 1990CriLJ821
ORDERJ. Das, J.1. This criminal revision is directed against the appellate judgment dated 1-7-1985 passed by Sri C.R. Pal, Sessions Judge, Ganjam, Berhampur, in Criminal Appeal No. 59 of 1984 upholding the conviction and sentence dated 4-2-1984 passed by Sri S.K. patel, Additional Chief Judicial Magistrate, Berhampur, in 2(a)C.C. No. 257 of 1982 convicting the petitioner under Section 9(a) of the Opium Act and sentencing him to undergo R.I. for two years and to pay a fine of Rs. 1,000/- and in default to undergo R.I. for two months.2. The short and relevant facts are that on 30-8-1982 at about 8.30 a.m. the accused-petitioner was coming from Janana Hospital side towards Kommapalli in Berhampur town. On suspicion he was detained by Nrusingha Charan Dhir, S.I., Excise (P.W. 1) near Tata Benz crossing. The bag of the accused was searched and it was found that the bag contained 3-450 K.Gs. of contraband opium wrapped in a plastic paper. There was also another bundle containing the same qua...
Tag this Judgment!Smt. Kamalarani Ray Vs. Union of India (Uoi)
Court: Orissa
Decided on: Oct-17-1989
Reported in: 69(1990)CLT450; 1990(25)ECC259; 1990(49)ELT52(Ori)
S.C. Mohapatra, J.1. Plaintiff is the appellant having failed to get a direction for return of the gold seized by the defendants in exercise of powers under the Gold (Control) Act, 1968 (hereinafter referred to as the Act).2. On 4-2-1974, defendant No. 2 searched house of the plaintiff in absence of her husband. In spite of plaintiff informing them that there is no other gold except 18 bangles in the Iron safe, they wanted to break open the same for which plaintiff opened the same and brought out the bangles in a cloth bag. Defendant No. 2 demanded to hand over the same to him for seizure but plaintiff refused for which former tried to snatch away the same. In hope of avoiding the seizure, she threw the gold ornaments with bag inside the well in compound of the house plaintiff's husband arrived at that time and explained to defendant No. 2 that bangles are his Stridhan properties and no provision of the Act has been violated. In spite of the same, the bag containing the gold ornaments ...
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