Orissa Court February 1991 Judgments
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Chandramani Sethi Vs. Purna Chandra Behera and ors.
Court: Orissa
Decided on: Feb-06-1991
Reported in: 71(1991)CLT533; 1991(I)OLR386
S.C. Mohapatra, J.1. Scope and applicability of Sections 386 and 391, Cr. P. C. are to be examined in this revision filed by the complainant.2. Learned Additional Sessions Judge allowed the criminal revision filed by accused persons against their conviction and sentences in which while setting aside the order of conviction and sentences, learned Additional Sessions Judge remitted the case back to the trial Court for giving opportunity to the accused persons to summon the Revenue Supervisor in order to prove the original of the certified copy of his report and to produce such documents subject to proper proof of the same. It was further stated that learned Magistrate shall not deprive the complainant in cross-examining the Revenue Supervisor or any other witness examined to prove the report and will dispose of the case after hearing the parties in accordance with law utilising existing materials on record.3. Section 386 and Section 391 vest powers in an appellate Court. Under Section 40...
Mahadev Sasmal @ Samal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-04-1991
Reported in: 1991(I)OLR374
L. Rath, J.1. The petitioners have approached this Court having been aggrieved by an order passed by the Revenue Officer purported to be Under Section 8(1)(b) of the Orissa Lind Reforms Act (hereinafter referred to as 'the Act') directing the petitioners ' eviction from the land as paryat and taking over possession by the Revenue Inspector. The facts, stated in brief, are that the proceeding Under Section 8(1)(b) of the Act was initiated and notice was issued to the petitioners in OLR Case No. 27 of 1984 directing them to show cause as to why they should not be (sic)ted from the land they having kept it without cultivation for the last sixty years. The petitioners showed cause denying the allegation contending that they are cultivating the land. The Revenue Officer conducted a spot verification on 16-2-1985 but the petitioners were absent even though they had been noticed earlier. The Revenue Officer disposed of the proceeding on. 21-9-1985 basing upon the facts found during his spot v...
Srinibas Sahu Vs. State and anr.
Court: Orissa
Decided on: Feb-04-1991
Reported in: 1991CriLJ2053
S.C. Mohapatra, J.1. Delivering of a motor cycle seized in respect of which as offence is under investigation is subject matter of consideration in this application Under Section 482, Cr. P.C.2. After seizure of the motor cycle which was not produced in Court, petitioner who is informant and accused No. 2 each filed application for delivery of the same. Considering the claims which are counter to each other, trial court directed that the same cannot be delivered in favour of either. Both of them filed revisions before the learned Sessions Judge who has directed delivery of the motor cycle in favour of accused No. 2 in whose name the registration under the Motor Vehicles Act has been effected. This is grievance of petitioner.3. Under Section 457, Cr. P.C. when seizure of property is reported to a Magistrate and such property is not produced before a criminal court during enquiry or trial, the Magistrate may make such order as he thinks fit for disposal of the property or the delivery of...
Jagannath Sahu Vs. Harihar Pradhan
Court: Orissa
Decided on: Feb-01-1991
Reported in: AIR1992Ori180
G.B. Patnaik, J.1. Plaintiff is the appellant against a reversing judgment and decree of the Additional District Judge, Puri, in a suit for specific performance of contract.2. Plaintiff alleged that as he was in need of money he incurred some loan from the defendant and for that purpose he executed a registered sale deed in favour of the defendant in respect of certain items of properties on 27-11-1970 (Ext. 1). It was agreed to between the parties that in the event the plaintiff pays back Rs. 1200/- to the defendant within a period of five years from the said date, then the defendant would re-convey the properties. This agreement was also executed on the selfsame day, namely on 27-11-1970, which is Ext. 2. Thereafter though the plaintiff offered to pay the amount on several dates, but the defendant avoided. Ultimately on 1-10-1975, the plaintiff issued a registered notice (Ext. 3/d) to the defendant. Even then the defendant did not agree to reconvey the land. The plaintiff then by way...
Narayan Pradhan and ors. Vs. Nakul Pradhan and ors.
Court: Orissa
Decided on: Feb-01-1991
Reported in: 1991(I)OLR229
S.C. Mohapatra, J.1. Dispute between two villagers relating to closure of a water channel is subject matter of this revision.2. Bhatapada is a hamlet of village Rahadamal. There are agricultural lands in both the villages. On 18-12 -1986, Tahasildar Sadar, Puri addressed a letter to Sub-divisional Officer that on receipt of report about apprehended trouble concerning earthen embankment put on Government land he along with Revenue Inspector of Balikerapachhipal and Rsvenue Supervisor Chandinpur visited villages Rahadamal and Bhitapada. on 15-12-1986. This earthen embankment was raised by villagers of Bhatpada since 15 to 20 days before that date as a result of which excess water could not be discharged and has spread over the paddy fields over an area of 400 acres. On that account paddy crop over those lands could not be harvested. Although he called villagers of Rahadamal to ascertain the position, they did not appear on account of absence of their leader. Tahasildir went to the villag...
Union of India (Uoi) Vs. Aluminium Industries Ltd. and anr.
Court: Orissa
Decided on: Feb-01-1991
Reported in: 1991(I)OLR283
A.K. Padhi, J.1. Aggrieved by the judgment and decree passed in Money Suit No. 65 of 1977 of the Subordinate judge, Sambalpur, defendant has preferred this appeal.2. It is alleged in the plaint that the plaintiffs-respondents had booked 1081 pieces of aluminium ingots at Renukoot. a station lying on the Eastern Railway for carriage, at railway risk from Renukoot to Sambalpur. At the time of taking delivery of the consignment at the destination, the defendant-Railway administration delivered only 964 pieces of aluminium ingots, therefore there was shortage of 117 pieces of aluminium ingots. With the above averments the plaintiffs claimed a decree for Rs. 15.276 81 with interest alleging the negligence and misconduct on the part of the defendant for the short delivery.3. The defendant appeared and cont sted the matter. In the written statement it was alleged that in the absence of proof that 1081 pieces of aluminium ingots had been delivered to the Railway administration who supervised t...
Tapan Kumar Ray Vs. Susil Kumar Pradhan and anr.
Court: Orissa
Decided on: Feb-01-1991
Reported in: 71(1991)CLT607; 1991(I)OLR391
G.B. Pattnaik, J.1. Complainant is the petitioner and has invoked the inherent power of this Court Under Section 482 of the Code of Criminal Procedure, being aggrieved by the order of the Sessions judge in Criminal Revision No. 85 of 1989 who by the said order has quashed the order of the Sub-Divisional Judicial Magistrate taking cognisance Under Section 323/34, Indian Penal Code, and summoning the accused to stand trial.2. The petitioner lodged a complaint in the Court of the Sub- Divisional Judicial Magistrate, Bhadrak, against opp. party No. 1 and two others alleging that S. I. Sri Rath Malik came to the house of the petitioner and asked him and his brothers Bula alias Rajkishore Ray and Bijiya Kishore Ray to come to the Police Station since they were wanted in the criminal cases instituted on account of trouble in village Kaupur. The petitioner and his brothers came to the police station and when they reached there the said S. I. put them inside the Hazat and locked them up. Later ...
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