Orissa Court November 1989 Judgments
Ghanashyam Samal Vs. Udayanath Saranti and ors.
Court: Orissa
Decided on: Nov-30-1989
Reported in: AIR1990Ori143
ORDERS.C. Mohapatra, J.1. Alleging publication of defamatory item of news against the plaintiff, in an Oriya daily 'The Samaj', he claimed damage of Rs. 50,000/- against the Publisher, Editor and the local correspondent in a suit. Local correspondent who is an Advocate is defendant No. 3.2. Defendant No. 1 was set ex parte. Defendant No. 2 engaged defendant No. 3 as his Advocate. During trial of the suit, plaintiff filed an application on 25-8-1983 objecting to the appearance of defendant No. 3 in robes and on account of the fact that he cannot appear as an Advocate without wearing robes for defendant No. 2, his apperance and acts for defendant No. 2 is contrary to the provisions of Advocates Act and as such, should be treated as non est. Defendant No. 3 filed objection stating that he is contesting the suit for himself as defendant No. 3 and not as the Advocate. At the time of hearing of the petition several other objections were put forward. Decision of trial Court in respect of robe...
Tag this Judgment!State of Orissa Vs. Sarat Chandra Puri
Court: Orissa
Decided on: Nov-30-1989
Reported in: 69(1990)CLT341; 1990CriLJ814
K.P. Mohapatra, J.1. The respondent Sarat Puri along with some other accused persons was tried by the learned Sessions Judge, Balasore for having committed offences under Sections 302/323 and 325 read with Section 34 I.P.C. and was acquitted of all charges by the impugned judgment which has been assailed in this appeal.2. Prosecution case, in brief, is that there was an open space between the houses of respondent and the other accused persons, one Jamuna, P.W. 2 and some other prosecution witnesses which was being used as a common passage. On 16-6-82 the respondent along with other accused persons put a fence whereby the common passage was blocked causing inconvenience to P.W. 2 and some other prosecution witnesses. On 17-6-82 at about 3.30 p.m. a quarrel ensued between both parties in course of which it was alleged, the respondent dealt two lathi blows, one on the leg and the other on the head of the deceased (Nabin) resulting in serious bleeding injuries rendering the injured unconsc...
Tag this Judgment!Bata Alias Batakrushna Behera and ors. Vs. Anama Behera
Court: Orissa
Decided on: Nov-30-1989
Reported in: 1990CriLJ1110
ORDERJ. Das, J.1. This is a petition under Section 482, Cr. P. C.2. It appears that after examining the witnesses under Section 292, Cr. P.C. Sri G. N. Patra, Judicial Magistrate First Class (R), Cuttack passed the impugned order on 15-7-1987 taking cognizance under Section 436, IPC against the petitioners. In order to quash this order, the present petition under Section 482, Cr. P.C. has been filed.3. The opposite party Anama Behera filed a complaint petition on 24-5-1986. The lower Court directed the complainant to produce his witnesses for enquiry under Section 202 Cr. P.C. In an enquiry under Section 202 Cr. P.C. the complain examined himself and he also examined two witnesses namely, Kailash Behera and Pari Behera, who are named in the complaint petition as witnesses One Jogi Behera, who is also named as eye witness in the complaint petition was not examined. On perusal of the complaint petition and the statements of the witnesses the lower Court was satisfied that there is a prim...
Tag this Judgment!Jadu Behera Vs. the State
Court: Orissa
Decided on: Nov-29-1989
Reported in: 69(1990)CLT427; 1990CriLJ817
K.P. Mohapatra, J.1. The appellant has assailed the judgment passed by the learned Additional Sessions Judge, Balasore convicting him for an offence under Section 302 I.P.C. and passing the sentence of imprisonment for life.2. The appellant Jadu, deceased Madhu and P.W. 1, Kailash were the three brothers living at village Nachhipur within Bhadrak (R) police station in the district of Balasore, The houses of the appellant and the deceased on the east and west respectively are intervened by a narrow lane. During rainy season the rain water from the roof of the deceased's house falls on the side of the walls of the appellant and then flows out. The appellant objected to the rein water falling from the roof of the deceased's house near the walls of his house. On 13-8-85 at 9.00 P.M. there was a quarrel between the appellant and the deceased with regard to the above during which the neighbours intervened and pacified them. They asked the appellant to go inside the house and closed the door ...
Tag this Judgment!Mahalaxmi Flour and Oil Mills Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Nov-23-1989
Reported in: [1990]79STC279(Orissa)
S.C. Mohapatra, J.1. This is an application under Article 226 of the Constitution of India.2. The petitioner is a dealer registered under the Orissa Sales Tax Act, 1947, He applied for refund of Rs. 23,937.29 paid in respect of quarter ending December 31, 1975 to December 31, 1988, excepting quarter ending June, 1977. Applications for refund made by the petitioner having been rejected on the ground that Section 14-A of the Orissa Sales Tax Act, 1947, was ultra vires, petitioner approached this Court for issue of a writ and this Court while quashing the order of the Commissioner, directed fresh consideration of the applications for refund of the petitioner, considering the matter.3. On fresh consideration, the Commissioner found that the petitioner paid Rs. 18,950 and Rs. 4,987.10 to the Food Corporation of India and the Collector, Puri, respectively. Since no order for refund flows from the -orders of assessment, the Commissioner refused to entertain the applications for refund.4. The ...
Tag this Judgment!Baikunthanath Jena Vs. the State of Orissa and anr
Court: Orissa
Decided on: Nov-23-1989
Reported in: II(1990)DMC271
K.P. Mohapatra, J.1. The petitioner and pro forma opposite party No. 2 are accused in a case under Sections 3 and 4 of the Dowry Prohibition Act (for short the 'Act') and have challenged the order of cognizance dated 6-2-1985 passed by the learned Sub-Divisional Judicial Magistrate, Bhubaneswar.2. Prosecution case, which is a very unfortunate one, is narrated below. The marriage negotiation between Sunjukta, an educated young girl, with the petitioner who was serving as Judicial Magistrate at Bhubaneswar, was started by some negotiators in January, 1982. During negotiation, on behalf of the petitioner and pro forma opposite party No. 2, demand of dowry of cash of Rs. 35,000/- and costly articles, such as, television, H.M.T. watch, refrigerator, 15 Tolas of gold ornaments and a piece of land at Bhubaneswar, was made. The parents Sanjukta willy-nilly agreed for giving the dowry and as a matter of fact, on 10-2-1982 at the time of Nirbandha ceremony, a sum of Rs. 15,000/- was paid by her ...
Tag this Judgment!Anjali Behera Vs. Lingaraj Behera
Court: Orissa
Decided on: Nov-17-1989
Reported in: 69(1990)CLT259; II(1989)DMC28
V. Gopalaswamy, J. 1. This revision is preferred against the judgment of the learned Sessions Judge, Phulbani, dated 7-9-1988 quashing the order of the learned S.D.J.M., Baliguda, dated 13-8-1987 directing the present opposite party-husband to pay maintenance to the petitioner-wife at the rate of Rs. 100/- per month.2. The petitioner is the legally married wife of the opposite party. The petitioner alleges that after her marriage with the opposite party, she went to the house of the opposite party to live with him as his wife, but soon after he started ill-treating her and ultimately after a few days the opposite party and his elder brother Indra Behera had forcibly removed the gold ornaments from her person and drove her out of their house and since then the opposite party was not prepared to receive her back and so she was compelled to reside with her parents and was ultimately driven to file the petition claiming maintenance. The opposite party asserts that the petitioner had left h...
Tag this Judgment!S. Shankarmani and ors. Vs. Nibar Ranjan Parida and anr.
Court: Orissa
Decided on: Nov-17-1989
Reported in: 1991CriLJ65
ORDERV. Gopalaswamy, J.1. This revision is filed for quashing the order dated 7-5-1985 passed by the Sub-divisional Judicial Magistrate, Kendrapara, in ICC No. 52 of 1985, taking cognizance under Section 418/109, I.P.C. against the accused persons (the present petitioners) on the basis of the complaint petition filed by the present opposite party No. 1.2. The complainant's case may be briefly stated as follows :The complainant's father constructed a building in village Guhalsingh and after its construction the Manager of United Commercial Bank, Thakurpatna Branch (accused No. 4) approached the complainant's father on 5-12-1981 and induced him to let out the said building on rent to the Bank as he proposed to shift their branch office at Thakurpatna to Guhalsingh of the same revenue village. Accordingly on 5-12-1981 the complainant's father addressed a letter to the Assistant General Manager, UCO Bank, Division Office, Bhubaneswar, through the Branch manager, Thakurpatna, offering to le...
Tag this Judgment!The Management of Town Bidi Factory Vs. Presiding Officer, Labour Cour ...
Court: Orissa
Decided on: Nov-16-1989
Reported in: 69(1990)CLT132; (1990)IILLJ55Ori
A.K. Padhi, J: 1. Dispute arose in between the management of M/s Town Bidi Company, Cuttack and its workmen. The State Government under Sub-section (5) of Section 12 read with Clause (d) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') referred the matter to the Presiding Officer, Labour Court (hereinafter referred to as 'the Labour Court') for adjudication. The learned Labour Court giving due notice to both the sides entered into reference. The scope of the reference to the learned Labour Court is as follows:'Whether the refusal of employment to 19 workmen by the Management of M/s. Town Bidi Co., Cuttack with effect from 21st October, 1977 is legal and/or justified? If not, to what relief they are entitled.'The case of the management was that the Bidi Rolling Unit under which the workmen were working was a separate establishment from M/s. Town Bidi Factory. The Town Bidi Rolling Unit was closed as it was not economically viab...
Tag this Judgment!Laxmidhar Ganda Vs. State of Orissa
Court: Orissa
Decided on: Nov-16-1989
Reported in: 1990CriLJ2566
V. Gopalaswamy, J.1. This appeal is preferred against the judgment of the learned Sessions Judge, BoudhKhendamala, Phulbani convicting the accused-appellant under Section 307, I.P.C. and sentencing him thereunder to imprisonment for life and further convicting him under Section 333, I.P.C. without imposing any separate sentence thereunder.2. The prosecution case, briefly stated, is as follows:During the relevant period Nimai Charan Das (PW. 2) was working as the Revenue Inspector of Balaskumpa Revenue Circle. Accused Laxmidhar Ganda was a resident of village Barikumpa, which comes under the revenue circle, Balakumpa. The accused was in possession of a portion of the Government land of Plot No. 927 as an encroacher and consequently there was an encroachment case pending against the accused in respect of the encroached land before the Tahasildar, Phulbani (P.W.6). In village Barikumpa, besides the accused there were several others who were having no homestead land. On 5-1-1985 the Tahasi...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »