Orissa Court May 1989 Judgments
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Rabindra Biswal Vs. Hemalata Biswal and ors.
Court: Orissa
Decided on: May-12-1989
Reported in: 68(1989)CLT346; 1990CriLJ45
ORDERL. Rath, J.1. The petitioner has moved this Court under Section 482, Cr.P.C. against the revisional order and the original orders directing him to pay maintenance to opposite party No. 1 at the rate of Rs. 200/- per month. The opposite party No. 1 filed a petition under Section 125, Cr.P.C. against the petitioner and his father, the present opposite party No. 2 claiming herself to be the wife of the petitioner and pleading that at the time of the marriage in 1981 the petitioner had demanded a sum of Rs. 4,000/- out of which a sum of Rs. 1,500/-had been paid within one year of the marriage. She was not permitted to visit her father's place unless the balance amount was paid and was also ill-treated for non-payment of the amount. After two years and 4 months of the marriage, the petitioner sent for the uncle of opposite party No. 1 and drove her out of the house after obtaining her signature on a blank paper and gave out that he would divorce her.Contesting the application, the peti...
Surendranath Patra Vs. Smt. Parbati Kumari Devi and ors.
Court: Orissa
Decided on: May-11-1989
Reported in: AIR1989Ori257; 68(1989)CLT350
P.C. Misra, J.1. Having been directed to be evicted from a shop house by the appellate authority under the House Rent Control Act, the tenant has filed the writ application praying to quash the order of the said authority.2. Admittedly, late Raja Sahib, Dharakot was the owner of several shop rooms including the one in which the petitioner was a tenant. These shop rooms are situated in the town of Berhampur in the district of Ganjam. The petitioner is alleged to have been inducted as tenant some time in the year 1972. The late Raja Sahib, who had inducted the petitioner as a tenant died in the month of May, 1974 leaving behind several heirs. Opposite party 1 is his wife and opposite parties 2 to 4 are his daughters. On 10-6-1976 the present opposite parties 1 to 3 filed an application under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as the 'Act') praying for eviction of the petitioner mainly on two grounds namely; (i) wilful default in payment of rent ...
Orissa Agro Industries Corporation Vs. Bhimsen Maharana and ors.
Court: Orissa
Decided on: May-11-1989
Reported in: (1992)ILLJ23Ori
V. Gopalaswamy, J. 1. The petitioner Agro-Industries Corporation (hereinafter referred to as 'the Corporation') has filed this writ application under Articles 226 and 227 of the Constitution of India for quashing the award dated November 11, 1987 passed by the Presiding Officer, Labour Court, Bhubaneswar, in I..D. Case No. 116 of 1987 directing the reinstatement of opposite party No. 1 with half of the back wages till the date of the award.2. The facts giving rise to the writ application may be briefly stated as follows:During the relevant period opposite party No. 1 Bhimsen Maharana was serving as a storekeeper in the Central Agro-Store of the Corporation attached to the Office of the Regional Manager (Central) Industrial Estate, Cuttack. As such store-keeper, the opposite party No. 1 Bhimsen Maharana used to deal with the sale of various agro implements and spare parts. On January 6, 1976 the opposite party No. 1 sold from the said store to a customer two articles, namely, one power ...
Parimala Agencies Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-11-1989
Reported in: [1990]76STC319(Orissa)
J. Das, J.1. This is an application under Article 226 of the Constitution of India praying for issuing a writ of mandamus or any other suitable writ.2. The facts in brief are that the petitioner is a registered dealer under the provisions of the Orissa Sales Tax Act, 1947, and amongst other articles it deals in Amrit Surti zarda. The petitioner treated Amrit Surti zarda as tax-free taking the view that the said zarda is nothing but chewing tobacco which is tax-free. The sales tax authority, however, did not accept the contention of the petitioner and assessed Amrit Surti zarda to sales tax for the assessment years 1974-75, 1975-76, 1976-77, and 1977-78. Ultimately the Sales Tax Tribunal held that the assessment of Amrit Surti zarda to sales tax, is correct. In these circumstances the petitioner has filed the writ application contending that Amrit Surti zarda is nothing but chewing tobacco and hence the said zarda should be exempted from the sales tax. The petitioner has further contend...
Orissa Road Transport Company Ltd. Vs. R.K. Das and anr. Etc.
Court: Orissa
Decided on: May-10-1989
Reported in: 1990ACJ631; AIR1990Ori74
L. Rath, J.1. The sole question for which this reference has been made to this Bench is whether in assessing compensation under Section 110-D of the Motor Vehicles Act and reaching the figure of the lump sum payable, the prevailing interest rate payable by the banks is available to be taken into consideration so as to limit the lump sum to the figure which if deposited in a bank would generate annual interest equal to the annual loss of dependency. In an earlier Division Bench decision reported in (1979) 47 Cut LT 368 (O.R.T. Company Ltd. v. Sibananda Patnaik) a view had been taken that a lump sum compensation cannot be determined on the basis of the interest rate of banks since the interest rate varies and there is no provision under the Motor Vehicles Act to review the compensation once awarded on the basis of variance of rate of interest and further, the persons entitled to compensation should have control over the compensation amount since there is no justification to keep it out o...
Rankanidhi Sahu Vs. Nandakishore Sahu
Court: Orissa
Decided on: May-08-1989
Reported in: AIR1990Ori64
K.P. Mohapatra, J. 1. The reversing judgment and decree of the learned Additional Subordinate Judge, Berhampur, dismissing the plaintiff's suit for declaration that the deed of settlement in respect of the suit land dated 20-6-1962 (Ext. A/5) executed by Baidehi in favour of the defendant-respondent was a fraudulent, inoperative and void document got executed on perpetration of undue influence, for partition, for rendition of accounts and mesne profits, have been assailed in this second appeal. The plaintiff is the appellant.2. The plaintiff alleged the following facts. Kalu Sahu hud two sons, namely, Gobinda and Nandakishore (defendant). Baidehi was his widow, Gobinda died and his son, the plaintiff was posthumously born. The plaintiff, however, instead of living in the ancestral home, lived with his maternal uncle, practically detached from his uncle, the defendant and grandmother Baidehi. The suit property as was held in First Appeal No. 69 of 1958, disposed of on 22-12-1961, belong...
Debabhumi Gram Panchayat and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-04-1989
Reported in: AIR1989Ori262; 68(1989)CLT606
S.C. Mohapatra, J.1. In this application under Article 226 of the Constitution, a Grama Panchayat under the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') is the petitioner assailing revocation of transfer of a tank.2. Debabhumi Haja is a fishery source spreading over an area of 67 acres 72 decimals in Plot Nos. 440, 1660, 1659 and 1679. Fishery right in water area in Plot Nos. 440 and 1660 in the said Haja was transferred to petitioner by the State Government as communicatedby Tahasildar, Aska in his letter No. 1688 of 1959 dt. 17-9-1959. On receipt of verbal instruction of Chief Minister, Revenue Minister and submission of Sri Raghab Parida, Member of Legislative Assembly, Additional District Magistrate (Development) of Ganjam called for the file from Grama Panchayat Section and Development Section. He observed that Grama Panchayat does not release water during dry spells for which Tahasildar and Irrigation S.D.O. run to spot every day and ensure release of ...
Chinu Patel and ors. Vs. State of Orissa
Court: Orissa
Decided on: May-04-1989
Reported in: 1990CriLJ248
V. Gopalaswamy, J.1. This appeal is preferred against the judgment of the learned Additional Sessions Judge. Sambalpur in S. T. No. 13/1 of 1982 convicting the five appellants under Sections 148, 325/149 and 323, I.P.C. and sentencing each of them thereunder to undergo R.I. for two years on each of the first two counts and to undergo R.I. for one year on the 3rd count, with a direction that the sentences so imposed should run concurrently.2. The prosecution case, briefly stated, is as follows :On 13-8-80 at about noon-time the accused persons placed a 'Dhair' (an instrument for Catching fish) on the water channel leading from the village tank to the land of deceased Mandhata Patel. As a result of the placing of the 'Dhair' the flow of the water in the channel was obstructed and water overflowed into the land of the deceased resulting in the deposit of sand in his land. On coming to know about it the deceased came to the place where the 'dhair' was kept and raising objection about it, c...
Saria Bewa Vs. Balaram Puhan and ors.
Court: Orissa
Decided on: May-03-1989
Reported in: AIR1990Ori36; 68(1989)CLT363
P.C. Misra, J.1. This revision has been referred to be decided by a Division Bench as it was noticed that there has been divergence of judicial opinion as to whether if no substitution is made on the death of a defendant after the passing of the preliminary decree, the final decree passed would be nullity and whether the executing court can refuse to execute such a decree. The learned single Judge after noticing the aforesaid divergent opinion entertained a doubt regarding the correctness of decision of this Court in the case of Jagannath Samantra v. Sudarsan Das reported in AIR 1961 Orissa 140 and this is how this matter has come before [his Bench for hearing.2. Defendant 3 in O.S. No. 15 4 of 1951, 52 is the petitioner in this revision. The aforesaid suit was filed by the father of the present opposite party 3 for partition of the suit properties in the court of the Subordinate Judge, Balasore. A preliminary decree for partition was passed in the said suit on 12-7-1952. An applicatio...
Gour Chandra Vs. the State
Court: Orissa
Decided on: May-03-1989
Reported in: 1989CriLJ1667
D.P. Mohapatra, J.1. The accused in Sessions Case No. 32 of 1983 of the court of the Additional Sessions Judge, Koraput has filed this appeal challenging the judgment of the court convicting him under Section 302, Penal Code and sentencing him to undergo rigorous imprisonment for life. The allegation against the appellant was that on the night of 3rd April, 1983 at about 2 a.m. he committed the murder of two persons, viz. Laxman Chikimia and Sukra Marichapulia by intentionally causing their death by means of an axe.2. The prosecution case as disclosed from the F.I.R. (Ext 1/1) lodged by Jagannath Chikimia (P.W. 1) is that about twenty days prior to the occurrence the accused was moving like a vagabond in drunken state. On 2-4-83 at about 3 p.m. he was drunk and after creating some trouble in the house he was going towards Goudeguda His son Reghunath Chikimia and Nidhi Gouda brought him to the house. The accused was making them to leave him so that he would go away wherever he pleased. ...
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