Orissa Court October 1991 Judgments
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Modern Fabricators, Firm Represented by Satyabrata Mohanty and ors. Vs ...
Court: Orissa
Decided on: Oct-11-1991
Reported in: 73(1992)CLT217; 1992(I)OLR322
A. Pasayat, J. 1. These three writ applications are interlinked and the points involved being common are disposed of by this common judgment. Though the parties are mostly common, their positions in the writ application being different, names along with their positions in the writ applications are indicated below.2. Abhimanyu Misra opp. party No. 6 in all the writ applications sold 3-200 acres of land to Manoranjan Das opp. party No. 5 in OJC No. 390 of 1984 and opp. party No. 7 in other two writ applications along with 2 decimals of land out of plot No. 769 under khata No. 49 in village Basuaghai on 7-5-1977 the said sale deed was cancelled by Abhimanyu. On 1-8-1978 Abhimanyu Misra sold 2.500 acres of land to Sukanta Chandra Samantaray and a similar area was also sold to Dhuleswar Samantaray on the said date. They are opp. party Nos. 7 and 8 OJC No. 390 of 1984 and opp. party Nos. 10 and 11 in OJC No. 1924 of 1984 but they are not parties in OJC No. 1431 of 1984. On 28-3-1979 Abhimnyu...
State Vs. Setalu Sudam Reddy
Court: Orissa
Decided on: Oct-11-1991
Reported in: 1992CriLJ3503; 1992(II)OLR163
G.B. Pattnaik, J.1. The learned Additional Sessions Judge, Ganjam, Berhampur, having convicted the accused Under Section 302. Indian Penal Code, and having sentenced him to be hanged by the neck tilt he is dead has made the reference to this Court Under Section 366 of the Code of Criminal Procedure. The accused has preferred the Criminal Appeal from the Jail against his conviction and sentence passed by the learned Additional Sessions Judge Under Section 302 as well as Under Section 324, Indian Penal Code. By the judgment of the learned Additional Sessions Judge, the accused has been convicted Under Section 302, Indian Penal Code for killing a young girl called Sabita Reddy and has further been convicted Under Section 334, Indian Penal Code, for causing hurt to PWs 1 and 10 and has been sentenced to rigorous imprisonment for two years on that Count.2. The prosecution case, in brief, is that one and half years prior to the date of occurrence, a quarrel had ensued between the accused and...
Bhikari Charan Bhoi Vs. the State of Orissa
Court: Orissa
Decided on: Oct-11-1991
Reported in: 1992CriLJ2592
D.M. Patnaik, J.1. This is a revision against the order dated 2-12-1987 of the Sub-Divisional Judicial Magistrate, Bolangir in G.R. Case No. 440 of 1986. By the impugned order, the Sub-Divisional Judicial Magistrate after closure of the prosecution evidence asked the prosecution to prove certain documents and examine the Collector and the Handwriting Expert in the case. Aggrieved by the said order, the petitioner is in revision.2. The petitioner has been charge-sheeted for the offence under Sections 465/471, I.P.C. The allegation against the petitioner, as disclosed from the F.I.R., is that he appeared in an interview for selection to one of the posts of Lecturer in the Bidyabhusan Sanskrit College, Bolangir, on the basis of an 'interview card' which was alleged to have been forged. This was suspected to be forged just before the file was put up before the Collector who happened to be the Chairman of the Governing Body of the College for his approval and accordingly, the matter being r...
Badri Narayan Bhagat Vs. Parulrani Ghose and ors.
Court: Orissa
Decided on: Oct-10-1991
Reported in: 73(1992)CLT270; 1992(I)OLR169
S.C. Mohapatra, J. 1. This civil revision by the judgment debtor arises out of an order of the executing Court refusing to entertain an application under Section 47, C. P. C.2. Petitioner was a monthly tenant of a house under Anilbihari Ghosh, predecessor in interest of the present decree-holders. Anil Bihari filed an application for eviction of the petitioner in the year 1984 under the Orissa House Rent Control Act. After getting the order of eviction, he intimated an execution proceeding for eviction of petitioner. Such proceeding could not advance further since petitioner' assailed the order at different stages. Lastly. O. J.C. No. 2159 of 1990 was filed by petitioner in this Court. By order dated 19-11-1990, this Court disposed of the writ application with the following directions :(i) That the petitioner shall vacate the tenanted premises and make over vacant possession to the opp. parties 3, 4 and 5 on or before 31st July, 1991; (ii) For occupation of the premises till the date ...
Gita Joshi and anr. Vs. Gurupada Nanda and anr.
Court: Orissa
Decided on: Oct-10-1991
Reported in: 1992ACJ941
G.B. Patnaik, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act against the award of the 2nd Motor Accidents Claims Tribunal, Sambalpur, claiming enhancement of compensation awarded by the Tribunal.2. The appellants who are the widow and son of deceased Omprakash Joshi, who on the date of death was an Assistant Engineer in the Orissa State Electricity Board, filed a claim petition claiming Rs. 3,55,000/-as compensation. It was alleged that on 17.8.1982 at 2.00 p.m. while the deceased was proceeding to his house from the office for taking his lunch, the vehicle bearing registration No. OAO 2325 came from the opposite direction at a high speed and collided with the motor cycle as a result of which the deceased was thrown off the vehicle and sustained grievous injuries. He was admitted into the Ispat Hospital at Rourkela and later on was removed to the hospital at Cuttack, where ultimately he succumbed to the injuries on 1.10.1982. The deceased was aged 35 years on the...
Gita Joshi and anr. Vs. Gurupadanand and anr.
Court: Orissa
Decided on: Oct-10-1991
Reported in: 2(1993)ACC117
G.B. Patnaik, J.1. This is an appeal under Section 110-D. of the Motor Vehicles Act against the award of the 2nd Motor Accidents Claims Tribunal, Sambalpur, Claiming enhancement of compensation awarded by the Tribunal.2. The appellants who are the widow and son of deceased Om Prakash Joshi, who on the date of death was an Assistant Engineer in the Orissa State Electricity Board, filed a Claim petition Claiming Rs. 3,55,000/- as compensation. It was alleged that on 17.8.1982 at 2.00 p.m. while the deceased was proceeding to his house from the office for taking his lunch, the vehicle tearing registration No. OAO 2325 came from the opposite direction at a high speed and collided with the motor cycle as a result of which the deceased was thrown off the vehicle and sustained grievous injuries. He was admitted into the Ispat Hospital at Rourkela and later on was removed to the hospital at Cuttack, where ultimately he succumbed to the injuries on 1.10.1982. The deceased was aged 35 years on t...
K. Duriyendra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-09-1991
Reported in: AIR1992Ori297
ORDERS.K. Mohanty, J. 1. The petitioners who are widow and descendants of one Koteswar Pao, brought title suit No. 126 of 1984 in the court of Subordinate Judge, Puri for declaration of their title in respect of a house property within Puri Municipality and for permanent injunction restraining the defendants (State of Orissa and Tahsildar, Puri) from dispossessing them therefrom or demolishing the structure standing thereon. In the suit, the plaintiffs prayed for a temporary injunction, which was allowed in the trial court but disallowed by Additional District Judge in appeal. Hence the revision by the plaintiffs. 2. The plaintiffs' case, in brief, was that Koteiwar entered the suit site which was part of a vast sandy patch near the sea shore more than 30 years back, constructed permanent structure thereon, got it electrified, brought telephone connection thereto, paid the municipal taxes and has acquired title over the same by adverse possession against the state. 3. State of Orissa i...
Bajranglal Singhania Vs. Manilal Singhania and anr.
Court: Orissa
Decided on: Oct-09-1991
Reported in: 73(1992)CLT462; 1992CriLJ2119; 1992(I)OLR164
L. Rath, J. 1. The petitioner who figured as opposite party in a proceeding under Section 133 Cr.P.C., has approached this Court assailing an order passed under Section 138 Cr.P.C. confirming the conditional order made under Section 133 directing his vacation from the Dharmasala in question by 22-7-1988. The facts as appear from the records are that the present petitioner is the brother's son of the opp. party No. 1 Manilal. His grandfather Mamchand constructed the Dharmasala. It is the petitioner's case that being driven out from the family home he has been occupying some rooms in the Dharmasala since 1976 and has been residing there with his family. A petition was filed under Section 133 Cr.P.C. by the opp, party No. 1 alleging the petitioner to be creating nuisance in the Dharmasala, which is dedicated for the use of the general public, by picking up quarrel with the inmates and denying them the use of the facilities like toilets, water tap, stair case, etc, by locking them. The lea...
Kalinga Paints and Chemicals (P) Ltd., Rourkela Vs. the Secretary, Wor ...
Court: Orissa
Decided on: Oct-08-1991
Reported in: AIR1992Ori300; 73(1992)CLT230
S.C. Mohapatra, J. 1. Plaintiff is the petitioner against an order setting aside ex parte decree for realisation of Rupees 1,46,770.21 paise with pendente lite and future interest thereon at the rate of 12% per annum till the date of realisation, cost of the suit including cost of commissioner. Opposite parties having entered appearance, the Civil Revision is heard and finally disposed of. 2. Petitioner supplied paints to opposite party No. 3. After consignment of the paints the order was cancelled. Value of the paints was not paid despite correspondence. Hence, suit was filed for recovery of Rupees 1,46,772.21 paise. Notice could not be served in ordinary way for which court directed substituted service under Order 5 Rule 20 C.P.C. on all the defendants. Mode of service was publication in news paper. After the service was held to be sufficient, defendants not having entered appearance, they were set ex parte. In course of ex parte hearing a commissioner was appointed to inspect godown...
Chennaru Naghbhusan Rao Vs. M. Rama Rao and ors.
Court: Orissa
Decided on: Oct-04-1991
Reported in: AIR1992Ori76; 73(1992)CLT329
K.C. Jagadeb Roy, J.1. The appellant is the defendant who has filed the Second Appeal against the concurrent judgment and decree directing him by way of mandatory injunction to demolish the structure illegally constructed by the defendant encroaching the lane of the plaintiff to the extent of 4 1/4' in width and up to 41' in length and to restore possession of the lane to the plaintiff within the stipulated period, failing which the plaintiff is to recover the vacant possession of the lane through the process of the court at the cost of the defendant and also directing the defendant by way of perpetual injunction not to make any construction or to interfere in the lane of the plaintiff in any manner.2. The plaintiff preferred Title Suit No. 87/72 alleging that she along with one Shyamsundaramma, the widow of her husband's brother jointly purchased the house described in Schedule 'A' of the plaint by means of a registered sale deed dated 30-10-1943 from one P. Rajeswar Rao, the width of...
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