Orissa Court June 1992 Judgments
Pramod Kumar Dash and ors. Vs. Pradyumna Kumar Dash and ors.
Court: Orissa
Decided on: Jun-29-1992
Reported in: AIR1993Ori64
ORDERP.C. Misra, J.1. The plaintiffs in Title Suit No. 5 of 1982 of the court of Subordinate Judge, Kendrapara are the petitioners in this revision. The order passed by the learned trial court allowing an application Under Sections 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (hereinafter referred to as the 'Act') has been impugned in this revision.2. The suit is one for declaration that the registered sale deed dated 27-2-1984 executed in favour of defendants 1 and 2 in respect of the, suit land is fraudulent, invalid, without any consideration and inoperative in law and that no title can pass thereunder. The plaintiffs have also prayed for permanent injunction restraining defendants 1 to 4 not to enter upon the suit land and dispossess the plaintiffs therefrom. The case of the plaintiffs in short is as follows: The suit land which comprises of homestead, orchards, tanks and agricultural lands, are ancestral properties of the plaintiffs and ...
Tag this Judgment!Lucy Narona Vs. Raghunath Jew Bije
Court: Orissa
Decided on: Jun-29-1992
Reported in: AIR1993Ori153; 74(1992)CLT463
P.C. Misra, J.1. The defendant in O.S. No. 85 of 1980-1 of the Court of Additional Subordinate Judge, Pud is the appellant in this appeal against the reversing judgment passed by the second Addl. District Judge, Puri in Title Appeal No. 74/83 of 1983/82. The suit is one for permanent injunction restraining the present appellant from dispossessing the plaintiffs from the suit land and from cutting and removing the trees standing thereon.2. The case of the plaintiffs is that plaintiff No. 1 is a deity and plaintiff No, 2 is the head of the institution and marfatdar of the deity. The suit properties are said to be originally belonging to L. G. Naronah who acquired the same by permanent lease on 5-1-1950 from one Durga Charan Jagdevray and thereafter he sold the property to plaintiff No. 1 through plaintiff No. 2 as its marfatdar by a registered sale deed dated 18-10-1965 on receipt of proper consideration pursuant to which the plaintiff was put in possession and he has been possessing the...
Tag this Judgment!Dinesh Kumar Behera Vs. Orissa Sponge Iron Ltd. and anr.
Court: Orissa
Decided on: Jun-29-1992
Reported in: 74(1992)CLT752; (1992)ILLJ419Ori
A. Pasayat, J.1. Petitioner challenges the order of termination dated April 25, 1989 passed by the functionaries of the Orissa Sponge Iron Limited (hereinafter referred to as the 'Company').2. The primary ground of challenge is that Rule 10(a) of the Executives' Service Conditions of the Company in purported exercise of which the order of termination has been passed is unsustainable in law. According to the petitioner, the rule confers unbridled and arbitrary power to terminate service of an employee. Further the termination was without any reason and/or basis. The Company questions maintainability of application on the ground that it is not 'State' within the meaning of Article 12 of the Constitution of India, 1950 (in short, the 'Constitution') and, therefore, not amenable to the writ jurisdiction of this Court. Additionally it is submitted that the rule in question is legal and suffers from no infirmity. 3. Since the question relating to maintainability of the writ application has b...
Tag this Judgment!State of Orissa, Through Collector Vs. Suresh Chandra Deo
Court: Orissa
Decided on: Jun-29-1992
Reported in: 74(1992)CLT592; 1992(II)OLR277
P.C. Misra, J.1. This revision is directed against an order dated 10-5- 1991 passed by the Subordinate Judge, Sambalpur in Execution Case No. 1989 rejecting the objection raised by the judgment-debtor in respect of payment of interest to the decree-holder on the compensation amount already awarded in Land Acquisition Misc. Case No. 63/86.2. Pursuant to a notification Under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the 'Act') Ac. 3.60 acres of land was acquired in Revenue mouza Rampur, situated within the urban area of Rairakhol for construction of Inspection Bungalow, Staff Quarters, Office and Godown of the Sub-divisional Officer, National Highway No. 42. The Land Acquisition Collector awarded compensation at the rate of Rs. 13,000/- per acre. The claimant did not accept the rate of compensation and demanded at Rs. 1,50,000/- per acre. Reference was made to the Court Under Section 18 of the Act. The Court after considering the evidence led before it enhanced...
Tag this Judgment!Shri Nrusinghnath Dev, Bije Biruda Through Its Managing Trustee, Jayak ...
Court: Orissa
Decided on: Jun-29-1992
Reported in: 74(1992)CLT721; 1992(II)OLR355
P.C. Misra, J.1. This is an application under Order 47, Rule 1, C. P. C. praying for review of the judgment passed by this Court in Second Appeal No. 122 of 1979. The second appeal was disposed of relying on the principle that on the death of one of the joint tenants, his interest would devolve upon the surviving tenant on the principle of survivorship. The petitioner in this application has prayed for review of the judgment on the ground that the said principle was wrongly applied in disposing of the second appeal inasmuch as, according to him, there was no joint tenancy after the institution of the suit.2. The short facts necessary for disposal of the review appli- cation may be stated as follows: The petitioner in the review application along with plaintiff No. 2 instituted O. S. N. 56/62-I in the Court of Munsif, Nayagarh, It was alleged in the plaint that plaintiff No. 2 a Hindu deity is the owner of the suit land, Plaintiff No. 1 was a bhag chasi in respect of the suit land along...
Tag this Judgment!Mihir Kumar Rath Vs. Rabinarayan Prusty and ors.
Court: Orissa
Decided on: Jun-29-1992
Reported in: 1993ACJ733; 1992(II)OLR282
A. Pasayat, J.1. Correctness of the judgment in an appeal under Sec- 110-D of the Motor Vehicles Act, 1939 (in short, the 'Act') is questioned in this appeal under the Letters Patent.2. The fact situation as presented by the parties is to the following effect :One Sadasiva Rout (respondent No. 2 herein) represented through his father guardian Harihar Rout filed an application Under Section 110 A of the Act claiming compensation of Rs. 95,000/- for the injuries sustained by him in an accident on 14.5.1979. One Nilakantha Das (respondent No. 3 herein) is the registered owner of the motor-cycle bearing registration No. ORU 2201 which was involved, in the accident. The Third Motor Accidents Claims Tribunal, Puri (in short, the 'Tribunal') on consideration of the claims and the evidence on record carne to hold that one Rabinarayan Prusty (respondent No. 1 herein) was liable to pay the compensation quantified at Rs, 20,000/-. For fastening the liability, the Tribunal referred to certain docu...
Tag this Judgment!Bichi Munda Vs. State
Court: Orissa
Decided on: Jun-29-1992
Reported in: 1993CriLJ145
A. Pasayat, J.1. The appellant (also described as 'accused' hereinafter) question legality of his conviction under Section 302 of the Penal Code, 1860 (in short, 'IPC') and sentence of life imprisonment awarded by the learned Sessions Judge, Dhankannal, camp at Athmallik. 2. The accusations which led to the trial of the accused are to the following effect:On 25-8-1984 the accused appeared at Athmallik Police station with a blood-stained; tangia. He stated that at about 3 p.m. while he was going to the field, Surabala his friend's wife, who was standing in front of her house told that her mother was searching for him So instead of going to the field, he came and sat on a cot in front of the house of Surabala. This was seen by his mother who was lifting; water from a well and his elder sister Raibari. Her mother and sister came near him. Both of them objected to his coming to the house of Surabala, and there was exchange of words between them. Though he asserted that he had no illicit re...
Tag this Judgment!Anita Dash Vs. Dr. Devi Prasad Acharya
Court: Orissa
Decided on: Jun-26-1992
Reported in: 74(1992)CLT690; I(1993)DMC16
S.C. Mohapatra, J.1. This is a Civil Revision under Section 48 of the Guardian and Wards Act (for short, 'the Act') read with Section 115 of the Code of Civil Procedure (for short, 'the Code').2. Undisputably, petitioner is the wife and opposite party is her husband. Both are Hindus. They have a child aged about 5 years. Husband filed an application for dissolution of marriage in the Court of the Subordinate Judge, Bhubaneswar, which is the district Court as defined under the Hindu Marriage Act. This proceeding is continuing and it is slated that husband has examined himself as a witness. During the pendency of the matrimonial proceeding husband filed an application under Section 7 of the Act for guardianship of the child. Wife entered appearance in that proceeding and prayed that the proceeding should be stayed since the points on which the guardianship is sought are also the points for dissolution of marriage and there may be inconsistency in findings of both the forums.3. Learned Di...
Tag this Judgment!Smt. Anita Dash Vs. Dr. Devi Prasad Acharya
Court: Orissa
Decided on: Jun-26-1992
Reported in: 1992(II)OLR273
S.C. Mohapatra, J.1. This is a Civil Revision Under Section 48 of the Guardians and Wards Act (for short, 'the Act') read with Section 115 of the Code of Civil Procedure (for short, 'the Code').2. Undisputably, petitioner is the wife and opposite party is her husband. Both are Hindus. They have a child aged about 5 years. Husband filed an application for dissolution of marriage in the Court of the Subordinate Judge, Bhubaneswar, which is the District Court as defined under the Hindu Marriage Act. This proceeding is continuing and it is stated that husband has examined himself as a witness. During the pendency of the matrimonial proceeding husband filed an application wider Section 7 of the Act for guardianship' of the child. Wife entered appearance in that proceeding and prayed that the proceeding should be stayed since the points on which the guardianship is sought are also the points for dissolution of marriage and there may be inconsistency in findings of both the forums. Learned Di...
Tag this Judgment!Kaira Munda Vs. State
Court: Orissa
Decided on: Jun-26-1992
Reported in: 1994CriLJ1445
A. Pasayat, J.1. Kaira Munda, who is presently interned in Sundargarh Jail, has filed this appeal questioning legality of the judgment of conviction and sentence passed by the learned Sessions Judge, Sundargarh.2. The background facts as depicted by the prosecution are to the following effect:On 19-6-1986 in the afternoon one Pandu Munda (hereinafter referred to as 'deceased') and his wife Sankari Mundani (P.W. 2) took shelter in the verandah of Chakra Munda (P.W. 11) as it was raining. At the relevant point of time Chakra's wife Bangia alias Lalmani (P.W. 10) was also present. The accused and his wife had already been there. Accused called the deceased and his wife to come inside the house. Since it was raining, P.W. 2 went out for arranging an umbralla and P.W. 11 went out to bring rice at the request of his wife (P.W. 10). Suddenly the accused dealt blows on the deceased with a Bujia (M.O. I) causing bleeding injuries on various parts of his body including his head. The accused imme...
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