Orissa Court April 1992 Judgments
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Sanyasi Padhy and ors. Vs. Divakara Rao
Court: Orissa
Decided on: Apr-20-1992
Reported in: AIR1993Ori46
ORDERS.C. Mohapatra, J. 1. Judgment-debtors are the petitioners in this Civil Revision.2. When an application was filed for stay of further proceedings in the execution proceeding, I directed the civil revision to be heard on merits since I was of the view that merit of the civil revision would be necessary to be considered to consider question of interim stay.3. Civil Revision is stated not to be ready since there is an application for recalling the order of dismissal of the revision against opposite party No. 3. However, I am' of the view that it can be finally disposed of without giving opportunity to this opposite party of being heard.4. Judgment-debtors were in possession Of the disputed land having a declaration of possession in their favour under Section 145, Cr. P.C. To avoid such declaration, decree-holders has filed a suit with a prayer for recovery of possession. Suit was dismissed against which plaintiff preferred an appeal. During pendency of the appeal, plaintiff having d...
Takerimun Nisa and ors. Vs. Sultana Khanam and ors.
Court: Orissa
Decided on: Apr-17-1992
Reported in: AIR1993Ori34
ORDERS.K. Mohanty, J. 1. The three petitioners along with one Najmun Nisa brought Money Suit No. 100 of 1986 against the opposite parties who are the legal representatives of one Syed Ekhlague Ali for realisation of a sum of Rs. 4,571.35 paise representing their share of house-rent drawn by said Ekhlaque Ali. The suit was dismissed on contest. In appeal preferred by the plaintiffs the trial Court judgment and decree were set aside and the appeal was allowed with the observation that the plaintiffs are entitled to a decree for their share as claimed in the suit from the defendants. Against the appellate decree, Second Appeal was preferred to this Court which was dismissed on 26-7-90. Thereafter petitioners levied execution against the defendants-opposite parties claiming their share of house-rent. The defendants raised their objection under Section 47 of the Code of Civil Procedure to the executability of the decree passed in the Money Suit on the ground that the decree under execution ...
Jagannath Parida (Dead) After Him, His L.Rs. Purna Ch. Parida and anr. ...
Court: Orissa
Decided on: Apr-17-1992
Reported in: 1992(II)OLR184
S.C. Mohapatra, J.1. This Civil Revision arises out of an order refusing the application of the judgment-debtor for his protection under the Orissa Debt Relief Act (hereinafter referred to as 'the Act') declaring him to be a small farmer.2. During the pendency of this Civil Revision judgment-debtor has expired and his wife and son have been substituted. Protection under the Act is personal to the judgment-debtor. This protection is not lilable to the legal representatives unless they come within the purview of such protection for which the necessary pre-conditions are to be satisfied by him. Accordingly, on death of judgment-debtor, his application for protection stood abated, in case such application would have been allowed, I might have considered whether the benefit would be available to the legal representatives. Such is not the position in this case since application for protection was rejected.3. Ends of justice would be best served in case liberty is given to the legal represent...
Swasti Kar and anr. Vs. Girija Shankar Kar
Court: Orissa
Decided on: Apr-16-1992
Reported in: II(1992)DMC425
S.C. Mohapatra, J.1. Refusal to grant interim maintenance under Section 125 Criminal Procedure Code to wife and child is assailed in this Criminal Revision.For the purpose of this application there is no dispute that the petitioners are the wife and child of opposite party. On account of differences wife and child are remaining separately and have claimed maintenance in an application under Section 125, Criminal Procedure Code. As provided under Section 125 Criminal Procedure Code, Court has jurisdiction to grant maintenance at such monthly rent not exceeding Rs. 500/- in the whole. It is also not in dispute that wife is a teacher in a private School at Puri on monthly remuneration of Rs. 400/- per month. In this background an application for interim maintenance was filed.2. Opposite party husband contested the application on the ground that the wife is earning and application for interim maintenance is only to harass him. Considering the application, Trial Court held that it cannot be...
Smt. Swasti Kar and anr. Vs. Girija Shankar Kar
Court: Orissa
Decided on: Apr-16-1992
Reported in: 1992(II)OLR75
S.C. Mohapatra, J.1. Refusal to grant interim maintenance Under Section 125 Criminal Procedure Code to wife and child is assailed in this Criminal Revision.2. For the purpose of this application there is no dispute that the petitioners are the wife and child of opposite party. On account of differences wife and child are remaining separately and have claimed maintenance in an application Under Section 125, Criminal Procedure Code. As provided Under Section 125 Criminal Procedure Code, Court has jurisdiction to grant maintenance at such monthly rent not exceeding Rs. 500/- in the whole. It is also not in dispute that wife is a teacher in a private School at Puri on monthly remuneration of Rs. 400/- per month. In this background an application for interim maintenance was filed.3. Opposite party husband contested the application on the ground that the wife is earning and application for interim maintenance is only to harass him. Considering the application, trial Court held that it cannot...
Subash Chandra Jena Vs. State of Orissa
Court: Orissa
Decided on: Apr-15-1992
Reported in: 1992(II)OLR173
A. Pasayat, J.1. An interesting question relating to the ambit of application of Section 167(2-A) of the Code of Criminal Procedure, 1973 (in short, the 'Code') is the subject-matter of controversy in this application.2. A brief reference to the fact situation which is undisputed is necessary.Petitioner is one of the accused persons in G. R. Case No. 244 of 1990 pending in the Court of Judicial Magistrate, first class, Banpur. The offence alleged agaist him is Under Section 304-B/34 of. the Indian Penal Code, 1860 (in short, '1PC'). The petitioner was arrested on 28 4-1991 and was produced in the Court of Judicial Magistrate, first class (in short, 'JMFC'). Since the JMFC was absent, the Special Judicial Magistrate, who was in charge heard and rejected the bail application filed by the petitioner, and remanded him to custody till 10- 5-1991. An application Under Section 439 of the Code was filed before the learned Subordinate Judge-cum-Assistant Sessions Judge, Khurda. The bail applica...
J. Sreeram Prasad Vs. Smt. Konchada Jayadevi and ors.
Court: Orissa
Decided on: Apr-10-1992
Reported in: AIR1993Ori146; 74(1992)CLT528
Pasayat, J.1. In this application a tenant has questioned legality of the orders passed by the learned Judicial Magistrate, first class-cum-House Rent Controller, Berhampur (in short, the 'Controller') and the learned Chief Judicial Magistrate, Ganjam, Berhampur (in short, the 'CJM') in a proceeding under Sections 5 and 7 of the Orissa House Rent Control Act, 1967 (in short, the 'Act').2. Opposite party No. 1 Smt. Konchada Jayadevi (hereinafter referred to as the 'landlady') initiated the proceeding inter alia on the ground that the tenant (petitioner herein) was in occupation of the case house on a monthly rent of Rs. 300/- which was fixed several years back; the case house is situated in a busy locality and business centre; the fair rent of the case house, considering the locality, size of the case house and the amenities available would be at least Rs. 1,500/- per month; therefore it would be meet and proper to fix the fair rent at Rs. 1,500/- per month; she belongs to trading commu...
Kasinath Misra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-10-1992
Reported in: 1993(I)OLR105
A. Pasayat, J.1. In this writ application an interesting point relating to the scope and ambit of Sub-section (2) of Section 37 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, the Act') is involved Since primarily dispute revolves round interpretation of the said provision and some other provisions of the Act, a detailed analysis of factual aspect is not necessary.2. Petitioners call in question the legality of the view of the Commissioner of Consolidation, Orissa, who held that the order of confirmation of the Provisional Scheme by the Deputy Director of Consolidation Under Section 21 of the Act is not open to be revised by the Director Under Section 37 (2) of the Act. According to the view expressed, the Deputy Director who exercised powers Under Section 21 of the Act, did so as a delegates of the Director and as such the order passed was virtually that of the Director, and since power under Sub-section(2) of Section 37 can be exer...
Miss Snigdha Sardar Vs. Mr. P.L. Ralhan and ors.
Court: Orissa
Decided on: Apr-09-1992
Reported in: 1992(II)OLR113
B.L. Hansaria, C.J.1. The petitioner was a confirmed teacher of Black Diamond Public School. This school came to be taken over by the D.A.V. College Trust and Management Society. The Regional Director of the Trust advertised to fill up the posts of teacher in the school, newly named as 'D. A. V. Black Diamond Public School.' The petitioner and other teachers were taken aback and approached opp. party No. 2 (Chairman, Managing Committee of the Black Diamond Public School), who assured that their services would not be affected in any way and said that they should appear before the Selection Committee for a formal interview. The petitioner along with other teaching staff accordingly appeared on 10-10-1991 and 11-10-1991. She was, however, not selected. On 12-10-1991, opp. party No. t issued a letter to the petitioner that as the Managing Committee of the, school did not exist after the handing over of the school to the D. A. V. College Managing Committee, it was decided to dissolve the Ma...
Managing Committee of Rajendra Purna Chandra High School Vs. State of ...
Court: Orissa
Decided on: Apr-04-1992
Reported in: 74(1992)CLT187; 1992(II)OLR126
G.B. Pattnaik, J.1. The Managing Committee of an aided educational institution is the petitioner and relief sought for in the writ application is to direct the Inspector of Schools (opp. party No. 3) to accord approval of the suspension of the Headmaster of the School (opp party No. 4) and direct opp. party No. 3 not to release the salary of the Headmaster who is not performing his duty since 2nd July, 1991. The aforesaid relief has been claimed by the Managing Committee in the following circumstances :2. The school in question was established In year 1981 and it got recognition from the competent educational authorities in the year 1983. The Board of Secondary Education, Orissa, also granted recognition to the institusion in the year 1983 for presenting candidates in the High School Certificate Examination of the Board. In accordance with the grant-in-aid rules of the Government, the school became entitled to receive grant-in-aid from the year 1988 and in fact, the grant-in-aid was sa...
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