Orissa Court April 1990 Judgments
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Baikuntha Alias Baikuntha Nath Naik Vs. Nilamani Bantha
Court: Orissa
Decided on: Apr-05-1990
Reported in: 69(1990)CLT836; 1991CriLJ59
ORDERK.P. Mohapatra, J. 1. This criminal revision is directed against the judgment and order passed by the learned Additional Sessions Judge, Puri, confirming the order passed by the learned Subordinate Judge-cum-Judicial Magistrate, First Class, Nayagarh, convicting the petitioner for an offence under Section 408, I.P.C. and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ - in default, to undergo rigorous imprisonment for six months more.2. The prosecution case in short is that the petitioner was serving as the Secretary of the Gaudaput Service Co-operative Society (hereinafter referred to as the 'Society') between 22-2-1976 to 28-6-1976. P. Ws. 2, 3, 4, 6 and 7 had taken loans from the Society. In between 22-2-1976 and 28-6-1976, they repaid the loans which the petitioner accepted. He did not, however, readily give them receipts. He did not also make entries of such repayments in the General Cash Book and did not deposit the same in the ...
Sachidananda and anr. Vs. Bichitrananda and ors.
Court: Orissa
Decided on: Apr-04-1990
Reported in: AIR1990Ori172
ORDERD.P. Mohapatra, J.1. The application jointly filed by the revision petitioners and the opposite parties 1 and 2 under Section 372 of the India Succession Act, 1925 (hereinafter referred to as 'the Act') was registered as Misc. Case No. 31 of 1986 in the Court of the Subordinate Judge, First Court, Cuttack. In the said case the opposite parties 3, 4 and 5 were impleaded as the opposite parties. Bichitra-nanda Lenka (opp. party No. 1), Sachidananda Lenka (petitioner No. 1) and Ajaya Kumar Lenka (opposite party No. 2) were sons of late Baikuntha Nath Lenka; Kabita Kumar Lenka (petitioner No. 2) was the widow of Bijaya Lenka, a pre-deceased son of Baikuntha Nath Lenka. Smt. Annapurna Lenka, Ananda Kumari Lenka and Gundicha Kumari Lenka (opp. parties 3, 4 and 5) were the widow and minor daughters respectively of late Jachindranath Lenka, another predeceased son of late Baikuntha Nath Lenka. On consideration of the case of the parties, the learned Subordinate Judge by his order dated 3-...
Annapurna Jena Vs. State
Court: Orissa
Decided on: Apr-04-1990
Reported in: 70(1990)CLT194; 1990CriLJ1577
ORDERK.P. Mohapatra, J.1. This criminal Misc. case filed under Section 482 of the Code of Criminal Procedure ('Code' for short) is directed against the order passed by the learned Judicial Magistrate, Kodala on 30-9-1989 taking cognizance of an offence under Section 302 read with Section 34, I.P.C. against Annapurna Jena, wife of accused Dayanidhi Jena.2. Facts of this case are like these. Accused Dayanidhi Jena is the elder brother and accused Satrughna Jena is the younger brother of deceased Abhi Jena, husband of the informant. The occurrence took place on 18-6-1989 at about 8 a.m. and it started from the courtyard of the houses of the above named accused and the deceased which are clustered around it. In the morning, Basanti the wife of accused Satrughna Jena began abusing the deceased. When the deceased drew the attention of her husband, accused Satrughna Jena gave a slap to his wife Basanti. At that time Annapurna Jena, wife of accused Dayanidhi Jena appeared at the scene and poin...
Janaki Kumari Das Vs. Gajendra Das
Court: Orissa
Decided on: Apr-02-1990
Reported in: I(1991)DMC96
V. Gopalaswamy, J. 1. This appeal is preferred against the judgment of the Judicial Magistrate, First Class, Salepur, at Cuttack acquitting the accused (the present respondent) of the charge under Section 493, IPC.2. The prosecution case, briefly stated, is that in the year 1981 on the Ganesh Chaturthy day the accused took the complainant (the present appellant) to Isaneswar Mahadeb temple and thereafter performing Puja, there was exchange of garlands between the parties when the accused declared that the complainant had become his wife and after that day the accused had sexual intercourse with the complainant on several occasions and she allowed it on the belief that she was his legally married wife and that ultimately when she became pregnant, he deserted her and then she was driven to file the present complaint case under Section 493, IPC.3. The accused pleaded that the case was falsely foisted against him. He examined D.W. 1 Rama Chandra Misra in support of his plea.4. The prosecut...
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