Orissa Court December 1993 Judgments
indramani Nayak (After Him) Smt. Susila Mallik and ors. Vs. Ainthu Nay ...
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR121
A. Pasayat, J.1. Defendants in a suit for partition are the appellants. Original defendant No. 1 having died during pendency of appeal, his legal representatives have been impleaded as appellants 1(a) to 1(e). The dispute in this appeal relates to only schedule 'Ga' property. Plaintiffs-respondents staked claim over the said property. Defendant No. 1 claimed that it was his self acquired property, while plaintiffs claimed it was acquired out of the joint family funds. Learned Subordinate Judge, Anandapur (hereinafter referred to as 'trial Judge)' accepted the stand of the plaintiffs, and that is how the matter is in this Court.2. Stand of original defendant Mo. 1, Indramani Nayak, was that a part of the Property was his sole and exclusive property, and it was acquired in a revenue sale, out of his own funds accumulated while working for gain at Calcutta. The rest was purchased from one Bhakta Charan Rout for a sum of Rs. 50/-, out of Stridhan of his wife (DW 5). Amongst other issues, t...
Tag this Judgment!Surendra Sahoo and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR130
A. Pasayat, J.1. On the basis of evidence obtained subsequent to forwarding of report under Sub-section (2) of Section 173 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Investigating Officer forwarded a report to the learned Judicial Magistrate, First Class, Nimapara, who took cognizance of offence punishable Under Section 307 read with Section 34, Indian Penal Code, 1860 (in short, IPC), in addition to cognizance taken in respect of offences punishable Under Section 341, 325, 323 read with Section 34, IPC. The accused-petitioners have assailed legality of the order. According to the learned counsel for petitioners, the action taken by the learned JMFC is contrary to law. The learned counsel for State and the informant have submitted that the learned JMFC acted within the para meter of law and the order is perfectly legal.2. In order to appreciate the rival submissions it is necessary to refer to Section 173 of the Code, which deals with the role of police officer on ...
Tag this Judgment!Nilamani Routray Vs. Bennett Coleman and Co. Ltd.
Court: Orissa
Decided on: Dec-24-1993
Reported in: 78(1994)CLT187; 1994(I)OLR285
L. Rath, J.1. An order passed by the learned Subdivisional Judicial Magistrate, Bhubaneswar recalling the process issued against the opposite party on a complaint Under Section 500 read with Section 34, IPC brought by the petitioner arraigning the opposite party as accused No, 3 is assailed in the present petition. The bare facts are that the complaint was filed alleging commission of offence by Shri Pritish Nandy, the Editor and Publisher of the Illustrated Weekly of India and Dr. Claude Alvares as also the present opposite party alleging that the petitioner was a Cabinet Minister of the Government of India since 23-4- 1989 and was Minister of Environment and Forest til! 2-4-1990. Two issues of the Illustrated Weekly of India were published for the period July 29-August 4, 1990 and August 26-September 1, 1990 respectively containing articles captioned,'A Hallow Mockery'' and 'The Real issues, Both the articles contained defamatory imputations and aspersions against the petitioner. The...
Tag this Judgment!Chanda Chandra Dash Vs. Niranjan Panda and ors.
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR108
G.B. Pattnaik, J.1. This is a defendant's appeal against a confirming judgment in a suit for compensation for malicious prosecuticm' and the only question that is urged by the appellant's counsel is that the suit is barred by limitation.2. Plaintiffs filed the suit alleging that without any basis or any reasonable cause, the defendant who is a veteran litigant prosecuted the plaintiffs by filing a complaint case, being complaint case No. 83 of 1977 on the allegation that while the plaintiffs were cutting paddy on iheir land the defendant demanded for repayment of loan from Gandu and plaintiff No, 1 instigated Gandu not to make any repayment of loan money. Said Gandu was alleged to be a Halia under the plaintiffs. When the defendant objected to such instigation by the plaintiff No. 1, the plaintiffs abused and rushed to assault him and, therefore, the complaint case was filed alleging commission of offences Under Section 504 and 3&2, IPC. The criminal case ended in acquittat and the def...
Tag this Judgment!Kanguli Naik Vs. Banapur Notified Area Council and ors.
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR143
S.K. Mohanty, J.1. Revenue Department Notification Under Section 4(1) and 6(1) of the Land Acquisition Act, 1894 in respect of a place of land measuring 162 decimals out of plot No. 116 under khata No. 40 in Revenue mouza Bodhapur within Banapur Notified Area Council, are under attack in this proceeding. The land is sought to be acquired for construction of a fish market by the said Council.2. Harijan community of mouza Raghunathpur were adjudged as owners of the survey plot comprising 160 decimals area in civil litigation in 1979. State Government issued the notification Under Section 4(1) on 24.11.1987 and 6(1) on 9.8.1988. Claiming himself to be belonging to Harijan community of the village, the petitioner is assailing the acquisition in writ jurisdiction.3. Mr. Mohanty for the petitioner attached the land acquisition proceeding mainly on the ground that the notifications Under Section 4 and 6 have not been published in daily newspaper and public notices of the substance thereof hav...
Tag this Judgment!Sri Siba Shankar Sahu Vs. Utkal Asbestos Ltd.
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR165
L. Rath, J.1. A question of considerable importance as to the relative scope of Section 138 of the Negotiable Instruments Act, 1891 (hereinafter referred to as 'the Act') for launching prosecutions when cheques are dishonoured falls for decision in this case. A preamble of the facts is necessary to introduce the question. The petitioner is a proprietorship firm having business of supply of building materials and for the purpose, uses to get A. C. Sheets of different brands including Konark brand manufactured by the opposite party-company. The agreement for payment of the cost of A. C. Sheets was both cash and credit. There were some oustanding dues against the petitioner against 0. A. No. 367 of the opposite party and goods invoice No. DAD 535 dated 11-11-1892. It is the petitioner's case that against the amounts outstanding cash payment of Rs. 41,000/- was made and after adjustment of a sum of Rs. 22,000/- in the accounts, a sum of Rs. 19,000/- was outstanding for payment for which he...
Tag this Judgment!Kedar Sons, Represented Through Rameshlal Santuka Vs. Cuttack Municipa ...
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR194
D.M. Patnaik, J.1. The petitioner invokes the extraordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India to quash Annexure-1, a notice issued by opposite party No. 2, the Octroi Superintendent, Cuttack Municipality.2. The petitioner-firm is a registered dealer carrying business in purchase and sale of textile goods within the octroi limit of the Cuttack Municipality. It claims, whenever such goods are brought from outside for sale he used to pay the octroi tax at the check gate and there has been no evasion in this regard. Opp. party No. 2. the Octroi Superintendent by notice dated 7-12-1990 (Annexure-1) required the petitioner to produce its stock register, sale register and other documents, such as invoices etc. in support of the purchase of goods which were brought within the Cuttack Municipality so as to verify evasion of payment of any tax during the period from 1987-88, 1988-89 and 1989-90. The firm was required to produce the documents before o...
Tag this Judgment!Menaka Bewa Vs. Narendra Kumar Mohanty and ors.
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1994(I)OLR215
G.B. Pattnaik, J.1. Plaintiff is the appellant against a con- firming judgment in a suit to set aside the auction sate held in Execution Case No. 128 of 1975 and for recovery of possession.2. The plaintiff's case, in brief, is that Ac. 1. 07 decimals of land in Mouza Rampur had been allotted to the plaintiff's share in the partition suit bearing No. O.S, No. 70 of 1965-1. The said suit on being transferred to the Munsif, Bhadrak numbered as O.S. 168/66-I. The plaintiff had no knowledge about the aforesaid suit as she was staying with her son-in-law but she was informed by one Sudharnani Das that her property had been auctioned and sold in the Court of the Subordinate Judge, Bhadrak. The plaintiff then came to Bhadrak and made some enquiry and found that for realisation of the commissioner's fee in the aforesaid partition suit an execution case had been levied bearing Execution Case No. 128/75 and in that execution proceeding the property has been sold and purchased by defendant No. 1 i...
Tag this Judgment!The New India Assurance Company Ltd. and anr. Vs. Saraswati Samanta Si ...
Court: Orissa
Decided on: Dec-24-1993
Reported in: 1995ACJ416; 1994(I)OLR147
A. Pasayat, J.1. In this appeal Under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Old Act') corresponding to Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') the New India Assurance Company Limited (hereinafter referred to as the 'insurer') and Shri Bijayananda Mohanty, the owner of a bus bearing registration No. OSP 2259 (hereinafter referred to as 'insured') call in question legality of the judgment of Third Motor Accidents Claims Tribunal, Puri (in short, the 'Tribunal).2. The background facts giving rise to this appeal are as follows :On 9-7-1983 Govind Chandra Samanta Singhar(hereinafter referred to as the 'deceased') lost his life in an accident wherein the bus of the insured was involved. The deceased was going towards Pipili from Bhubaneswar, along with one Kailash Chandra Badajena in a scooter bearing registration No. ORX 5444. The scooter was being driven by Kailash, There was collision between the scooter a...
Tag this Judgment!Upaleswari Thakurani and Upaleswari Narayani Thakurani and ors. Vs. Co ...
Court: Orissa
Decided on: Dec-23-1993
Reported in: 1994(I)OLR185
G.B. Pattnaik, J.1. The order of the Assistant Commissioner of Endowments dated 13.7.1993 appointing a Non-Hereditary Trust Board of Upaleswari Thakurani and Upaleswari Narayani Thakurani in exercise of power Under Section 27 of the Orissa Hindu Religious Endowments Act (hereinafter referred to as the 'Act'') is under challenge in this writ application. The said order has been annexed as Annexure-3 to the writ application.2. The petitioner's case in nut shell is that an application had been filed by them on 24-11-1992 Under Section 41 of the Act to declare them, as the Hereditary Trustees. They also filed an application Under Section 8(2) of the Act praying therein that a sum of Rs. 2,000/- is being granted to the deity but is going to be disbursed to some Non- Kereditary Trustees likely to be appointed on the pressure of the local M. L. A. and the said sum be kept in abeyance till the application Under Section 41 is disposed of. On 4-12-1992, another application was filed praying that...
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