Orissa Court December 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Laxmidhar Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Dec-22-1993
Reported in: 1994(I)OLR80
R.K. Patra, J.1. The appellant stands convicted Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brief, 'the Act') and sentenced to undergo rigorous imprisonment (for 10 years and to pay a fine of rupees one laKh with defaulting sentence.2. On getting confidential information that the appellant was engaging himself in illicit trafficking of heroin, the police squad consi- sting of B. Rath, Inspector, C. I. D. (Crime Branch), Cuttack, another Inspector. Deputy Superintendent of Police and Ors. raided the grocery shop of the appellant attached to his house at Labanikhia Chhak in Puri on 4-1-1990 at about 10. 30 a. m. . In course of search of the shop in presence of the appellant, heroin weighing 7-5 grams kept inside one Amul Spray tin which contained black pepper was recovered. The said contraband article was seized and after taking sample, the same was sent for chemical examination. The Chemical Examiner reported that it was heroin (diacetvl morphin). Af...
Deepak Kumar Banka Vs. Headmaster, George High School and anr.
Court: Orissa
Decided on: Dec-22-1993
Reported in: 1994(I)OLR180
A. Pasayat, J.1. Petitioner, a student of George High School, Bargarh, has prayed for a direction to the said institution to promote him to Class 10 notwithstanding the fact that his attendance was 59.2% in Class 9 for which he was not granted promotion.2. The petitioner's case in short is that he has secured 112 marks in the Annual Examination, 1993 and students securing less marks than him have been promoted, and on the sole ground of having attended 59. 2% of the total classes, he should not have been detained in Class 9 and should have been promoted to Class 10. It is submitted that there is no bar for such promotion as there is no statutory prescription that a student should attend a minimum percentage of classes before he is promoted to next Class while in School. The learned counsel for Board of Secondary Education (in short, the 'Board') submitted that there is no provision in the Regulations of the Board of Secondary Education, Orissa (in short, the 'Regulations') relating to ...
Jayalal Sahu and Etc. Vs. State of Orissa
Court: Orissa
Decided on: Dec-22-1993
Reported in: 1994CriLJ2254
A. Pasayat, J.1. Seventeen persons (each one of them hereinafter described as the 'accused') have filed these two appeals against the judgment of conviction and sentence passed by learned Sessions Judge, Bolangir in S.C. No. 64 of 1985. Jayalal Sahu is the appellant in Criminal Appeal No. 96 of 1988, whereas sixteen others are appellants in Criminal Appeal No. 107 of 1988. Since the points of attack as raised by the appellants and combat as pressed by learned Counsel for State are common, these two appeals are disposed of by this common judgment.2. All the seventeen accused persons faced trial being charged with commission of offences punishable under Sections 302 and 436 read with Section 149 of the Indian Penal Code, 1960 (in short, '1PC') on the accusation of having committed (a) murder of Balakrushna Barik (hereinafter referred to as the 'deceased'), and (b) mischief by fire by causing destruction of residential house of one Banamali Sahu of village Luhuramunda.3. Shorn of unnecess...
Dr. Madeshi Jogeswar Dora Vs. Kailash Nath Mundra and ors.
Court: Orissa
Decided on: Dec-21-1993
Reported in: 1994(I)OLR398
A. Pasayat, J.1. Petitioner's application for action in terms of Sub-rule (2) of Rule 2 of Order 21 of the Code of Civil Procedure, 1908 (in short, 'CPC') having been held to be not maintainable by the leaned Munsif, Sambatpur, the application for revision under consideration has been filed. The dispute in which the application was filed has a fairly chequered career including several jcurneys to this Court and the Apex Court.2. The fact situation, as highlighted by the laarned Munsit. which is almost undisputed is as follows :The subject-matter of the dispute is a pucca double storied building bearing municipal holding No. 223 (now) (old 713- A/1) In Ward No. 7 of Jharsuguda Municipality standing on H. S plot No. 1191 measuring AO. 09 decimals appertaining to H. S. Khata No. 164 of Jharsuguda, and an area of AO. 01? decimals appertaining to Nazal plot No 338 of Jharsuquda town which originally belonged to one Samir Kumar Chowdhury, and was subsequently transferred to the present opp. ...
State of Orissa Represented by Divisional Forest Officer Vs. District ...
Court: Orissa
Decided on: Dec-21-1993
Reported in: 1994(I)OLR296
G.T. Nanavati, A.C.J.1. The State has filed this petition challenging the judgment passed by the 2nd Additional District Judge, Berhampur in Miscellaneous Appeal No. 1 of 19S9. By the {impugned judgment, the learned Additional District Judge has set aside the order of confiscation of some logs/timber, which were found in illegal posse- ssion of opp. party No. 4, passed by the Authorised Officer-cum- Assistant Conservator of Forests, Ghumsur South Division.2. On 7-1-1934, the Range Officer, Kodala, found forest produes such as teak sawn timbers, teak sawn planks, teak timbers., sal timbers, kasi logs, sisoo logs and sal and non-sal containing poles in the premises of opp. party No. 4 No hammer marks were found on the togs. On being called upon, opp. party No. 4 failed to produce any permit or document to show his lawful possession of the said forest produce. The Range Officer, therefore, seized the logs and initiated a proceeding against opp. party No. 4. Ha also made report of the seiz...
Puni Devi Sahu and anr. Vs. Jagannath Mohapatra
Court: Orissa
Decided on: Dec-17-1993
Reported in: AIR1994Ori240; 1994(I)OLR224
G.B. Patnaik, J.1. The short question that arises for consideration in the present Second Appeal is whether the decree of the trial Judge passed in T. S. No. 26 of 1967 can be said to have been modified or varied in Second Appeal No. 54/75 by which judgment this Court did not interfere with the decree directing refund of consideration money but reduced the rate of interest from 12 per cent to 6 per cent. The aforesaid question crops up for consideration in view of the order of restitution passed under Section 144, C.P.C. Section 144, C.P.C. is extracted hereinbelow in extenso:'144. Application for restitution. (1) Where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may b...
Tareswar Choudhury Vs. Mahata Stores and ors.
Court: Orissa
Decided on: Dec-17-1993
Reported in: 1994(I)OLR375
S.C. Mohapatra, J.1. Dismissal of the suit for recovery of money on finding that the same is not maintainable is grievance of plaintiff in this appeal.2. Case of plaintiff is that he is the Managing Partner of a Firm. Defendant No. 1 is also a Firm with defendant Nos. 2 to 5 as its partners. Plaintiff is a merchant carrying on business of purchase and sale of goods including tobacco. Defendant No. 1 -Firm is a reputed tobacco merchant in Eastern India who carries on business on commission also. Defendant-firm entered into a contract to supply tobacco to plaintiff at its godown at Puri. Plaintiff has paid on various dates a sum of Rs. 88,300/- as detailed in the schedule to the plaints Defendants supplied tobacco worth Rs. 65,469.16 paise. After accounts were taken in respect of transactions between the parties, it was found that a sum of Rs. 22,842.84 paise is outstanding against defendants. Notice was sent for refund of the amount and the same having not been refunded,'suit has been f...
Gopal Krishna Bhanja Vs. Sahadev Bisoi and anr.
Court: Orissa
Decided on: Dec-17-1993
Reported in: 1994(I)OLR386
A. Pasayat, J.1. A short, but interesting point relating to scope and ambit of Section 45-B of Orissa Panchayat Samiti Act, 1959 (in short, the 'Act') is the pivotal issue in this case, incidentally some other provisions of the said Act need reference. Since the fate of the application primarily depends upon interpretation of these provisions of the Act, a brief reference to the factual aspect is necessary.2. Petitioner Gopal Krishna Bhanja and opp. party No. 1 Sahadev Bisoi were the contestants for Chairmanship of Tentulikhunti Panchayat Samiti. The said Panchayat Samiti consists of fourteen Gram Panchayats. From each Gram Panchayat, a member was elected. Sahadev and Gopal Krishna were elected from Amalabhotta and Barangi Podar Gram Panchayats respectively in the election held in the month of May, 1992. Subsequently, as per programme fixed by the Election Officer for the office of Chairman, Tentulikhunti Panchayat Samiti, election was held on 29-6-1992. Sahadev and Gapal Krishna were ...
Dhanu Naik and anr. Vs. Agadhi Naikani and anr.
Court: Orissa
Decided on: Dec-16-1993
Reported in: 1994(I)OLR57
P.C. Misra, J.1. This revision has been referred to the Division Bench to decide the question as to whether a suit Under Section 6 of the Specific Relief Act at the instance of a co-owner who has been evicted from possession is maintainable.2. The opp. parties as plaintiffs filed the suit out of which this revision arises praying for recovery of 'B' Schedule properties. The plaintiffs' case is that the deceased husband of plaintiff No. 1 Agadhu and defendants 1 and 2 (the present petitioners) were three brothers being sons of late Hari Naik. Plaintiff No. 2 is the daughter of plaintiff No. 1. The 'A' Schedule house is the ancestral house inherited by the three sons of late Hari Naik. It consisted of three rooms. Due to dissensions in the family each of the aforesaid three brothers lived in one room each in the 'A' Schedule house. The room in which the husband of plaintiff No. 1 was living has been described in Schedule 'B' of the plaint. After his death, his widow (plaintiff No. 1) and...
Bishnu Charan Sahu Vs. Paramananda Sahu and ors.
Court: Orissa
Decided on: Dec-16-1993
Reported in: 1994(I)OLR205
S.K. Mohanty, J.1. This revision came up for hearing earlier before one of us (Honable Shri P. C. Misra, J). In course of hearing on the question of law, he took the view that there can be no limitation on the powers of the appellate Court to depute a survey-knowing commissioner for local investigation if it felt that in the interent of justice the same is necessary even in the trial Court had refused such a prayer. In his opinion, however, this view is not fully consistent with the view expressed by the then Chief Justice in Harmohan Mishra and Anr. v. Arnapurna Dibya and Ors. : 1987 Cuttack Law Times (Supplement) 344, and consequently referred the case to be decided by a larger Bench; This is had . the matter was put up-before us for hearing.2. Facts essential for appreciation of the point involved lies in a small compass, Opp. parties 1 to 4 brought a suit in the Court of Subordinate Judge, First Court, Cuttack, for title and possession in respect of Ac. 027 decimals of land out of ...
- ‹ Prev
- 1
- 3
- Next ›
- Last »