Orissa Court November 1990 Judgments
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Sashimani Dibya Vs. Bishnupriya Mohapatra and ors.
Court: Orissa
Decided on: Nov-19-1990
Reported in: 1991(I)OLR218
D.P. Mohapatra, J.1. The first party in a proceeding Under Section 145, Criminal Procedure Code (Cr. P. C for short) filed this revision petition assailing the revisional order passed by the teamed Sessions judge, Puri reversing the order of the learned Executive Magistrate, Puri and directing the proceeding be dropped as not maintainable.2. On the application' of 'the petitioner, initially a proceeding Under Section 144, Cr, P. C. was initiated against the opp. parties on 1-12-1983 which was subsequently converted to one Under Section 145,- Cr. P, C by the order dated 18-1-1984 and the focal Revenue Inspector was appointed as custodian of the paddy crop then standing on the disputed land.The gist of the case of the petitioner (first party) was that the disputed land, A, 23.07 decimals in extent, belonged to the joint family of the husband of the petitioner and the husband of opp. party No. 1. Opp. parties 1 to 5 filed a suit against the husband of the petitioner for partition of the j...
Padmalabha SwaIn (Since Dead), After Him, Dhirendra Kumar SwaIn and or ...
Court: Orissa
Decided on: Nov-16-1990
Reported in: 1994(II)OLR53
L. Rath, J.1. In a revision before the Commissioner of Consolidation (Consolidation Revision No. 187/81) where Padmalabha, the original petitioner was figuring as opp. party No. 6, a memo was filed on his behalf by his advocate on the death of the opp. party No. 6 therein, one Susila Swain that no substitution in her place was necessary as Padmalabha was her only legal heir. While the matter was pending consideration the present Opp. party Nos. 1 to 4 filed a petition under Order 22, Rule 10, Cods of Civil Procedure before the Commissioner to implead them as parties in place of Sushila alleging that they had purchased the disputed property by two registered sale deeds executed on 14-7-1982 by Susila. Objections to such petition were filed by both Padmalabha as also the opp. party No. 11 here who was the revision petitioner before the Commissioner. In the objections the stand was taken that since the purchases by the opp. party Nos. 1 to 4 were after the publication of notification unde...
Prasad Behera Vs. State
Court: Orissa
Decided on: Nov-16-1990
Reported in: 1991(I)OLR315
S.C. Mohapatra, J.1. Conviction Under Section 412, IPC and sentence to undergo Rl for ten years is the grievance of the appellant who is on bail.2. So far as appellant is concerned, prosecution case is that he was in possession of a tape recorder which was identified to be stolen property in a dacoity committed on 17-4-1983.3. Appellant denied the recovery and pleaded not guilty.4. Trial Court, on the finding that tape recorder, the stolen property was found to be in a broken suit case to be recovered on the basis of one of the accused leading to such recovery immediately on his arrest, held that accused is guilty of the offence.5. Coming to the question of sentence, I find absolutely no proportion of the punishment with the crime committed which seems to be arbitrary. There is no reason why maximum sentence of ten years would be imposed on the appellant. However, this is not material to be delved further since I am inclined to acquit the appellant.6. That the tape recorder is stolen p...
New India Assurance Co. Ltd. Vs. Saraswati Jena and ors.
Court: Orissa
Decided on: Nov-15-1990
Reported in: 1992ACJ885
S.C. Mohapatra, J. 1. Insurer is the appellant under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against an award under Section 110-B thereof.2. When the question of dispute in respect of the appearance of two sets of Advocates for the claimants was listed for orders, without going into that question, with consent of parties, I heard the appeal on merits allowing both the sets to advance their arguments since any delay in disposal of the appeal would be detrimental to the claimant who has lost her husband and has become a destitute widow on account of the accident.3. On 9.9.1984, at about 7.30 a.m. while deceased was going towards Balasore from village Korkora on a cycle on National Highway No. 5 keeping to his left, a bus bearing registration No. ORU 6199 dashed against the deceased who fell down and sustained head injuries and while being treated in the S.C.B. Medical College Hospital, he succumbed,4. Owner of the vehicle remained ex parte. In...
New India Assurance Co. Ltd. Vs. Kotha Kota Kalyani Subudhi and anr.
Court: Orissa
Decided on: Nov-15-1990
Reported in: 1992ACJ684
S.C. Mohapatra, J.1. This is an appeal by the insurer under Section 110-D of the Motor Vehicles Act.2. Respondent No. 1, widow of deceased, filed an application under Section 110-A of the Act claiming compensation against respondent No. 2, the owner and appellant, the insurer. In this court, respondent No. 1 has entered appearance along with her minor children. However, the same would not create any difficulty in disposal of this appeal since the entire claim amount awarded is to be apportioned among them.3. Case of claimant is that on 21.10.1986 deceased was travelling in a jeep bearing registration No. OSK 466. This vehicle dashed against a tree as a result of which deceased sustained fatal injuries. Claiming that the accident was on account of the negligence of the driver of the vehicle, application has been filed for compensation of Rs. 1,50,000/-. Owner has accepted the fact of accident but claimed that there was no negligence in driving. It further asserted that the risk has been...
State of Orissa Vs. Ramachandra Das
Court: Orissa
Decided on: Nov-13-1990
Reported in: AIR1991Ori197; 71(1991)CLT612; 1991(I)OLR103
A. Pasayat, J.1. State of Orissa questions the correctness of a reversing judgment holding it liable to reimburse cost of articles seized during a criminal proceeding and not returned to the owner.2. A short but interesting point of law relating to claim of protection for sovereign function is involved in this appeal. A resume' of the factual position, which is almost undisputed, may be indicated.3. Forty eight items of utensils were seized from the plaintiffs on 29-2-1969 by the Officer-in-charge of Jarada Police Station in connection with G. R. Case No. 240 of 1969, which was tried by the Judicial Magistrate, First Class, Berhampur. A copy of the seizure list as prepared by the Officer-in-charge was given to the plaintiff. Though the case ended in acquittal, there was an order for confiscation of the properties to the State. An appeal was carried before the Sessions Judge, Berhampur, who by his judgment dated 20-12-1975 directed return of the seized articles to the plaintiff. Accordi...
Gen. Sec., Indian Metals Ferro Alloys Ltd. Employees Union Vs. State o ...
Court: Orissa
Decided on: Nov-12-1990
Reported in: (1992)ILLJ581Ori
1. Heard counsel for the parties 2. The legality of termination of services of Panchudev Nayak, A.S. Patro and S.N. Nanda and suspension of A.K. Choudhury was the subject-matter of reference made under Section 10(1)(d) read with Section 12(5) of the Industrial Disputes Act, 1947, to the Industrial Tribunal, Orissa. After the parties had filed their written statements, issues were framed. August 27, 1980 was fixed as the date of hearing when the management was present, but there was no appearance on behalf of the Union representing the workmen. A no-dispute award was passed on that day which was published in Official Gazette on September 16, 1982. On September 29, 1982 an application was filed for setting aside the ex parte award. The same was registered as Misc. Case No. 1 of 1982. On January 28, 1983 to which date the proceeding stood ultimately posted, neither party appeared and the Industrial Tribunal dismissed the application for non-appearance of parties. On February 23, 1983, the...
Sadananda Das Vs. State of Orissa
Court: Orissa
Decided on: Nov-07-1990
Reported in: 1991(I)OLR66
A. Pasayat, J.1. The petitioner assails the order-of conviction and sentence as awarded by the learned Subdivisional Judicial Magistrate, Hindol, and modified by the learned Sessions Judge, Dhenkanal. Originally, the sentence was rigorous imprisonment for three years and a fine of Rs. 5,000/-, with default sentence of one year's rigorous imprisonment, which was modified to a rigorous imprisonment for one year, and a fine of Rs. 2,000/- with default sentence of six months' rigorous imprisonment.2. The case of the prosecution, bereft of unnecessary details, is that the petitioner who was a student of Nabapalli High School falsely represented to the informant's wife (P.W.3) that her husband (P. W. 1) who was working as the Headmaster of the said school, was involved in a criminal case having allegedly murdered one of his colleagues, and to get him out of the clutch of law money was required. On this representation being made, in her anxiety to save her husband from 'prosecution and humili...
State Vs. Dindayal Agarwala and ors.
Court: Orissa
Decided on: Nov-06-1990
Reported in: 1991CriLJ2786
S.C. Mohapatra, J.1. Accused persons having been acquitted from offence alleged against them Under Section 7 of the Essential Commodities Act, 1955 (in short 'the Act') this appeal has been filed.2. Admittedly, the three accused persons are Partners of a Firm M/s Khubram Asharam carrying on business of wholesale supply of baby foods amongst others at Plant site road, Rourkela. The Firm has a valid licence for carrying on wholesale business as dealer in respect of baby food as required under the Orissa Baby Food Licensing Order, 1966 (hereinafter referred to as 'the Orissa Order') made by State Government under the Act.3. On 11-10-1983 at about 3 p.m. P.Ws. 1 and 2 along with other officials of supply department inspected the business premises of the Firm and found cases of Packed Lactogen (infant formula) tins containing 500 grams and I kilogram each with same loose packed tins. They verified the stock register of baby foods where there was no entry in respect of these stocks. They als...
Raghunath Kar and anr. Vs. Shasikala Devi and anr.
Court: Orissa
Decided on: Nov-06-1990
Reported in: I(1991)ACC607; 1991ACJ347; 71(1991)CLT86
G.B. Patnaik, J.1.This is an appeal under Section 110-D of the Motor Vehicles Act (hereinafter referred to as 'the Act') by the claimants whose application for compensation has been rejected by the Motor Accidents Claims Tribunal.2. The applicants filed a claim petition under Section 110-A of the Act claiming compensation to the tune of Rs. 20,000/-alleging that their daughter Soshia Dei, aged 13 years while moving on the left side of the road near village Laxminarayanpur on the Express Highway was killed by the collision of the truck ORU 668 which was being driven rashly and negligently. It is alleged that the truck knocked down the deceased and left the place at a great speed. According to the claimants the girl was earning Rs. 200/- per month by selling snacks and the said income was supplementing the income of the family.3. The owner of the vehicle did not appear before the Tribunal, but the insurance company appeared and contested. The stand of the company before the Tribunal was ...
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