Orissa Court April 1991 Judgments
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Daitary Nayak Vs. Srikanta Mohapatra
Court: Orissa
Decided on: Apr-15-1991
Reported in: AIR1992Ori39
ORDERK.C. Jagadeb Roy, J.1. Civil Revision No. 279 of 1991 as listed for final disposal. Mr. M. Patra, learned counsel appearing for the petitioner in C.R. No. 304 of 1991 appeared in the court and stated that he had preferred the C.R. No. 304 of 1991 against the same impugned order and if the both cases are not heard together, then the right of his client may be affected. Mr. B. H. Mohanty, learned counsel appearing for the petitioner in C.R. 279 of 1991 has no objection. Mr. S. K. Mohanty, learned counsel appearing in both the cases has no objection. On consent of both the parties, both the civil revisions are heard together.2. Earlier one title suit bearing No. 17 of 1981 was filed in the court of the Munsif, Keonjhar where the present petitioner in C.R. 279 of 1991 was defendant No. 2. The said suit was filed under Section 6 of the Specific Relief Act, 1963 by the present opposite party No. 2 in C.R. No. 279 of 1991. The suit was decreed in favour of the present opposite party No. ...
Banember Mallick Vs. the State
Court: Orissa
Decided on: Apr-11-1991
Reported in: 1992CriLJ1856
1. Love is blind, asserts the appellant and contends that un-recruited love causes loss of control over feelings. The appellant, a young person faced trial for allegedly causing death of one Keshab Mallick, whom he believed to be the person responsible for the breaking of his relationship with one Kuni.2. The prosecution case briefly stated, is that on 5-6-1984 near about noon, the deceased was found running towards Johalgada and the accused-appellant was chasing him in a cycle. The deceased while running was shouting for help. The deceased in his attempt to escape, desperately tried all possible sources, changed his way and ran to a paddy field in village Anantapur and the appellant throwing his cycle, chased him holding a knife in his hand. The deceased asked for help from one Dillip Kumar Samantercy (P.W. 9) and in spite of attempts of P.W. 9 to save him from the appellant, several stab injuries were inflicted and the deceased succumbed. The appellant was then caught hold of by P. W...
iswar Das Vs. Muralidhar Rai and ors.
Court: Orissa
Decided on: Apr-10-1991
Reported in: AIR1992Ori170
K.C. Jagadeb Roy, J.1. The plaintiff is the appellant before this Court. He filed Title Suit No. 55/7 of 1978/76 for a declaration that he has the right, title and interest in the suit house No. 94, in Ward No. 6 situated on Plot No. 700 of Khata No. 58 of Kantabanjhi Nazul and Defendants 2, 3 and, 4 are trespassers and are liable for eviction. In the alternative, the plaintiff prayed for a decree for refund of the consideration money with interest from defendant No. 1 that was paid by the plaintiff to deft. No. 1 towards the full value of the said property and for a further declaration that defendants Nos. 3 and 4 are liable to pay him the monthly rent at the rate of Rs. 60/- per month for the period of their occupation under the plaintiff with effect from 20-6-1967.2. The case of the plaintiff is that defendant No. 1 wanted to sell the suit house which the plaintiff agreed to purchase and on 15-6-67 there was an agreement between the parties fixing the consideration at Rs. 10.000/-, ...
Kalandi Charan Pani Vs. Ganesh Dalai and ors.
Court: Orissa
Decided on: Apr-10-1991
Reported in: 1992CriLJ281; 1991(II)OLR488
A. Pasayat, J.1. This application for revision is by the informant praying for reversal of the acquittal of the present opp. party Nos. 1 to 5, who faced trial under Secs. 147, 148, 302/149 of the Indian Penal Code in short (IPC) for allegedly committing murder of one Bauribandhu Pani.2. The main plank of argument of the petitioner is that the trial Court erred in its conclusions in several material aspects, and the conclusions arrived at were by overlooking material evidence, on misappreciation of evidence, and have resulted serious miscarriage of justice. The acquitted accused persons, however, maintain that this is not a case where an interference is warranted, considering the limited jurisdiction of this Court while considering an application for reversal of an order of acquittal. The learned counsel for the State while accepting that the State has not filed appeal against acquittal, supports the contention of the petitioner that the same is not proper.3. The limitation to the exer...
Dag Minerals and anr. Vs. Director of Mining and Geology and ors.
Court: Orissa
Decided on: Apr-09-1991
Reported in: AIR1991Ori330
S.C. Mohapatra, J. 1. In these three writ applications under Article 226 of the Constitution, petitioners have sought for quashing of the order dated 10-1-1991 (Annexure-1)of opposite party No. 1 by issue of writs in the nature of certiorari. As the points involved in all the three writ applications are the same, parties are the same and Annexure-1 is a common order, these three writ applications are heard together and are disposed of by this judgment. 2. Petitioner No. 1 is a firm and petitioner No. 2 is a partner thereof. Opposite party No. 4 is a new firm constituted by partners as described in cause title. These two are also partners of the petitioners firm. Petitioner No. 1 applied for granting quarry leases under R. 6 of the Orissa Minor Mineral Concession Rules, 1983 (hereinafter called 'the Rules') on 27-6-1989. No order in respect of the application was communicated to the petitioners for more than three months. Treating the same to be refusal under Rule 8, petitioners preferr...
Sk. GyasuddIn and ors. Vs. State
Court: Orissa
Decided on: Apr-08-1991
Reported in: 1991CriLJ2880
ORDERS.C. Mohapatra, J.1. Allegation of missing of a girl aged about 10 years in the evening of 19-12-1990 and recovery of her dead body on 18-12-1990 in the early morning after FIR was lodged by father of the missing girl on 12-12-1990 at Balichandrapur Police Station which has the out come to arrest the three accused persons on 19-2-1991 is subject matter of this application for bail Under Section 439, Cr. P.C.2. Petitioner No. 1 is a leading personality of his community to which the girl also belongs. There is some material (to show?) that petitioner Nos. 2 and 3 are his associates. Investigation in this case by Officer-in-charge of the Police Station till 18-12-1990 could not lead to any result. Circle Inspector took up investigation after dead body was found. He also could not make any progress. Investigation was transferred to Crime Branch and the first Inspector who could not proceed further. The present investigating officer has arrested the accused persons.3. From the investig...
Suresh Chandra Rout and ors. Vs. Ekadasi SwaIn and ors.
Court: Orissa
Decided on: Apr-05-1991
Reported in: 1992(II)OLR494
A. Pasayat, J.1. The correotaass of the conclusion regarding maintainability of an appeal, is the Subjsct-mattar of the adjudication in this revision application.2. Since the pivotal issue is one of law, detailed reference to the factual aspects is unnecessary and shorn of irrelevant, the fact situation is as follows :While considering a petition under Order 39, Rule 1 of the Code of Civil Procedure, 1903 (in short the 'Code'), the learned Munsif, Kendrapara passed an order appointing a receiver in respect of the suit property instead of granting injunction. The petitioners assailed the correctness of the said order in appeal Considering the order appointing receiver to have been passed in exercise of the jurisdiction Under Section 151 of the Code, the learned Subordinate Judge, Kendrapara held the appeal to be not maintainable. The conclusion has been characterised as contrary to law and forms the subject-matter of challenge.3. For resolution of the question whether the appeal was mai...
Desabandhu Behera Vs. Harimohan Behera
Court: Orissa
Decided on: Apr-05-1991
Reported in: 1992(I)OLR514
A. Pasayat, J. 1. Two questions of seminal importance are involved in this revision application. Since both of them revolve round interpretation of scope and ambit of Order 20, Rule 11 of the Code of Civil Procedure, 1908 (in short 'the Code'), reference to the factual controversy is unnecessary.2. The two questions which need adjudication are as follows ;(i) Whether the Orissa High Court Amendment in respect of Sub-rule (2) of Rule 11 of Order 20 as brought in with effect from 7-5-1954 is inconsistent with the provisions contained in the Code and therefore, stood repealed in terms of Section 97(1) of the Code of Civil Procedure (Amendment) Act (104 of 1976) (hereinafter referred to as 'the Amending Act') ; and (ii) Whether any Court other than the one that passed the decree has jurisdiction to order for postponement of the amount decreed, or payment thereof by instalments. In the instant case, an application for grant of instalment filed before the Executing Court was rejected on the...
Sambhu Singh Vs. Kamrun Nissa and anr.
Court: Orissa
Decided on: Apr-05-1991
Reported in: II(1992)ACC494; 1992ACJ516
A. Pasayat, J.1. Correctness of the order passed by the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela (in short 'the Commissioner') is questioned in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act').2. Filtering out the irrelevant, the factual position necessary for disposal of the appeal is as follows:According to the claimant, one Md. Suvan was employed by Sambhu Singh, Contractor (described hereinafter as 'the employer'), the present appellant, and he died on account of continuous strenuous work undertaken at the behest of the employer; the deceased was made to work in the premises of the Orissa Industries Limited, respondent No. 2, continuously for about more than 24 hours beginning from 29.9.1986 till 30.9.1986. Both the opposite parties before the Commissioner denied the allegation and took the plea that the death was a natural one, and not as claimed.Three issues were framed by the Commissioner and consid...
Santosh Kumar Mode and ors. Vs. Adaita Ballav Satpathy
Court: Orissa
Decided on: Apr-04-1991
Reported in: AIR1992Ori29
ORDERS.K. Mohanty, J.1. Woes of an Indian litigant begin only after, he has obtained a decree. Such was the dictum of the Privy Council, The instant case is one of this kind where the decree-holders -- petitioners have not been able to realise the fruit of the money decree passed in their favour and against the opposite party in the year 1977 for a sum of Rs. 23,504.87 paise and cost of Rs. 5,120/-. The point canvassed in this revision is a short but interesting question of law.2. The petitioners put the decree to execution in Execution Case No. 48 of 1978 in the Court of Subordinate Judge, Kendrapara. Ultimately on the prayer of the petitioners, the judgment-debtor opposite party Adaita was arrested and sent to civil prison on November 1, 1987 for a period of three months. When the judgment-debtor was still under detention, the petitioners prayed on August 29, 1987 for attachment and sale of judgment-debtor's moveables mentioned in the application for execution. On August 31, 1987 the...
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