Orissa Court July 1993 Judgments
Sadhu Meher Vs. Rajkumar Patel
Court: Orissa
Decided on: Jul-30-1993
Reported in: AIR1994Ori26
ORDERB.N. Dash, J.1. This is the plaintiff's appeal against the reversing decree of the learned Subordinate Judge, Bargarh in a suit for declaration of his title to and recovery of possession of Ac. 0.03 decimals of land appertaining to plot No. 768 under Khunti No. 1 of village Dahits in the district of.Sambalpur.2. Undisputedly, the entire suit plot No. 768 measuring an area of Ac. 0.50 decimals belonged to one Akshaya Kumar Muchu who belonged to Scheduled Tribe. The plaintiff's case was that he purchased Ac. 2.72 decimals of land from Akshaya Kumar Muchu by two registered sale deeds, one dated 12-1-1968 (Ext. 4) covering an area of Ac. 1.03 decimals and the other dated 13-2-1968 (Ext. 5) cover-ing an area of Ac. 1.59 decimals including the entire suit plot No. 768. Akshaya Kumar Muchu, being of Scheduled Tribe the sale deeds were not valid for want of necessary permission under Section 22 of the Orissa Land Reforms Act, I960 (hereinafter to be referred to as 'the Act') which was in ...
Tag this Judgment!Suma Das Vs. State of Orissa
Court: Orissa
Decided on: Jul-30-1993
Reported in: 1993(II)OLR392
L. Rath, J.1. The petitioner having been convicted Under Section 47(a) of the Bihar and Orissa Excise Act and sentenced to Rl for one year and fine of Rs. 500/-, in default to undergo Rl for two months more, which conviction and sentence have also been confirmed in appeal, has preferred this revision. The prosecution was launched against him with the allegation that while the S. I. of Excise (PW 2) was on patrol duty on 28-8-1988 at about 5.15 a. m. on public road at Ambagada, he found the appellant transporting 100 litres of illicitiy distilled liquor. The liquor was being carried in two plastic jerricans and eight bladders in for gunny bags. The petitioners being intercepted, the liquor with the containers was seized and tested with blue litmus paper and hydrometer. The plea of the petitioner was one of complete denial and to have been falsely implicated in the case. Three witnesses were examined on behalf of the prosecution of which PW 1 was the seizure witness who did not support t...
Tag this Judgment!Mathura Murmu Vs. the State
Court: Orissa
Decided on: Jul-30-1993
Reported in: 1994CriLJ869
A. Pasayat, J.1. On the accusation that Mathura Murmu, the appellant (hereinafter referred to as the 'accused') committed murder by intentionally causing the death of Raghunath Reddy (hereinafter referred to as the 'deceased') law was set into motion by P. Sanyasi Reddy (P.W. 1).2. Briefly stated the prosecution case is that the deceased having migrated to Paradip from his native place Nandigaon of Ganjam district was working as a labourer at Paradip. The accused has also migrated to the same place from village Gadadoulia of Mayurbhanj district. He was also working as a labourer. The deceased, the accused, P.W. 1 and several others including Sahadeb Apta (P.W. 2) and Pushiram Pradhan (P.W. 10) were all residing at Adibazipada of Athar-baoki area of Paradip. In the morning of 28-9-1989 the accused had removed a bag of coal from the railway wagon for which the railway police caught him red handed. The accused ran away from the spot after quarrelling with the police. The deceased happened...
Tag this Judgment!Dukhia Naik Vs. Basanti Dei and anr.
Court: Orissa
Decided on: Jul-28-1993
Reported in: 1994CriLJ1466; II(1994)DMC431
L. Rath, J.The question arising for consideration in this revision is entitlement of opp. party No. 1 and her son opp. party No. 2 to maintenance from the petitioner claiming that she is the wife of the petitioner and opp. party No. 2 to have born out of their wedlock. The submission urged by Mr. Das, learned Counsel for the petitioner, is that even accepting the finding of the learned Magistrate that there was marriage by exchange of garlands between the parties, yet it does not become a valid marriage and as such opp. party No. 1 could never become the wife of the petitioner so as to be entitled to maintenance. The essential facts are that the father of opp. party No. 1 was a blind person and with his consent, as the evidence led by opp, party No. 1 shows, the parties exchanged garlands in a temple vowing to be married to each other and the temple priest performed some Puja thereafter. They lived as husband and wife and out of their union opp. party No. 2 was born three years after. ...
Tag this Judgment!Hari Behera and anr. Vs. Bhagirathi Behara
Court: Orissa
Decided on: Jul-28-1993
Reported in: 1993(II)OLR299
G.B. Pattnaik, J.1. Plaintiffs are the appellants against a confirming judgment in a suit for declaration that defendant is not their adopted son and no right, title or interest accrue in favour of the defendant on the basis of the deed, Ext. A/2 alleged to have been executed by the plaintiffs acknowledging the adoption and gifting the property in favour of the alleged adopted son.2. Plaintiff's case in brief is, that the defendant is the son of plaintiff No. 1's brother and the plaintiffs were illiterate rustic people only knowing how to put their signatures. As they could not look after their landed property and the settlement operation was on in the area, plaintiff No. 1 wanted to execute a power of attorney in favour of the defendant so that defendant can look after the property in the settlement operation. Plaintiff No. 1 went to the Sub-Registrar's office to execute the power of attorney but the defendant instead of a power of attorney got the deed, Ext. A/2 executed and in the s...
Tag this Judgment!Sana Bhima Nayak and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-26-1993
Reported in: AIR1994Ori34
G.B. Patnaik, J.1. The petitioners claim to be the tenants in respect of 80.00 acres of land belonging to the ex-intermediary Panjasha Peer in Mauza Kotinda in the district of Ganjam and in this writ application they assail the order dated 4-7-1981 passed by the Tahsildar directing settlement of 272.718 acres of land including the disputed 80.00 acres in favour of opposite party No. 3, Hazarat Panjasha Dargha, represented by the Muzawars (opposite parties 4 to 25). The said order of the Tahsildar has been annexed as Annexure-3 to the writ application.2. The petitioners' case in a nut-shell is that Hazarat Panjasha Dargha is represented by Muzawars who are opposite parties 4 to 25. The Inain village vested in the State of Orissa by notification made under the Orissa Estates Abolition Act on 15-7-1955. The Muzawars then filed applications under Sec-tions 6 and 7 of the Orissa Estates Abolition Act for settlement of different parcels of land in their favour which were registered as O.E.A....
Tag this Judgment!Rajendra Prasad Bharadia and Shri Purakh Chand Chandak (In Jail Custod ...
Court: Orissa
Decided on: Jul-26-1993
Reported in: 76(1993)CLT376; 1993CriLJ3803; 1993(II)OLR186
ORDERD.P. Mohapatra, J.1. The two petitioners Purakh Chand, Chandak and Rajendra Prasad Bharadia along with eight others have been charge- sheeted Under Sections 302/34. Indian Penal Code in Chauliaganj P.S. Case No. 33 of 1993 which corresponds to G R, Case No. 271 ,of 1993, pending in the Court of the Subdivisional Judicial Magistrate. Cuttack. The said criminal case was instructed on the First Information Report lodged by Shri Bijoy Mohapatra on 17-2-1993 at about 7.15 P. M. alleging inter alia, that at about 7 P. M. when he was passing by the Central Flour Mill at Naya Bazar he heard the cries of a woman from the mill premises. On reaching the place he heard that Smt. Bina Jhawar, daughter of Kali Prasad Bharadia has been attacked by Rohit Chandak, his employees and others and they had assaulted her, poured some liquid on her body and set fire to it. The informant further stated In the report that the incident took place near the Bakery situated within the flour mill premises and m...
Tag this Judgment!Daitary Samantaray Vs. the Divisional Forest Officer, Baripada Divisio ...
Court: Orissa
Decided on: Jul-26-1993
Reported in: 1994CriLJ963; 1993(II)OLR295
G.B. Pattnaik, J.1. The petitioner is the owner of an ambassador car bearing registration No. ORU 7621. The said car having been confiscated by the Authorised Officer under the provisions of the Orissa Forest Act and the said order of confiscation having been affirmed by the District Judge in appeal against the order of the Authorised Officer, the petitioner has approached this Court. The order of the Authorised Officer has been annexed as Annexure-3 and that of the appellate authority has been annexed as Annexure-4.2. On 19-12-1991, the Forester, Kuliana Forest, found that 56 pieces of Peasal Timbers were being transported by a truck bearing registration number OSU 2371 and the said truck was being escorted by a car bearing registration number ORU 7621. Since for transporting the timbers there was no permission of the competent authority under the provisions of the Orissa Timber and other Forest Produce Transit Ruies, and since the Forester formed the opinion that Forest offence has b...
Tag this Judgment!Orient Paper Mills and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jul-26-1993
Reported in: 1993(II)OLR317
G.B. Pattnaik, J.1. Petitioner No. 1 is a Company and petitioner No. 2 is its Vice-President and a shareholder. Petitioner No. 1. Company is a manufacturer of paper and paper-board and the paper industry was included in the First Schedule of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') as a public utility service by notification dated 13-7-1965 issued by the Government of Orissa in accordance with Section 2(n)(vi) of the Act. The Government of Orissa has been declaring the petitioner's industry to be a public utility service for a period of six months under each notification, the last such notification having been issued on 5-12-1991. The said notification has been annexed as Annexure-1. Before the expiry of the six months period, the petitioner made an application for a further declaration on 13-5-1392. The said application has been annexed as Annexu;e-2. The petitioner also requested the Labour Commissioner, Orissa, for making a recommendation in favour of...
Tag this Judgment!Sri Satrughana Nath and ors. Vs. Sri Harish Chandra Buxi Patra and anr ...
Court: Orissa
Decided on: Jul-26-1993
Reported in: 1994CriLJ149
ORDERD.P. Mohapatra, J.1. These three cases are closely interlinked. The order passed by the learned Executive Magistrate, Bhubaneswar on 29-12-1992 in which he disposed of Criminal Misc. Case Nos. 250, 251 and 252 of 1991, has been challenged in all the revision petitions. The opposite parties in all the cases are the same. In such circumstances with consent of the learned Counsel for the parties, the three cases were heard together and they are being disposed of by this judgment.2. Since the relevant facts and the contention raised in all the cases are similar for the sake of convenience tacts are stated with reference to Criminal Revision No. 120 of. 1993. In the said case the petitioner Padmanav Math was the first party in the proceeding under Section 145, Criminal P.C. (Cr.P.C.) registered as Criminal Misc. Case No. 250 of 1991. Opposite party No. 2 Raghunath Sahu was cited as the second party in the proceeding and opposite party No. 1 Harish Chandra Buxi Patra was impleaded as co...
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