Orissa Court August 1993 Judgments
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Dr. Usha Patnaik and anr. Vs. Sri Goutam Patnaik
Court: Orissa
Decided on: Aug-30-1993
Reported in: 1993(II)OLR511
P.C. Misra, J.1. The plaintiffs in Title Suit No. 26 of 1990-I of the Court of Subordinate Judge, 1st Court, Cuttack are the petitioners against the order passed by the learned trial Court allowing the interrogatories to be answered by the plaintiffs under Order 11, Rule 1 of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C').2. The suit is one for partition of the properties described in the plaint in which the plaintiffs together claim 2/3rd share. Their case is that Schedules 'A' and 'B' properties were properties of their mother Smt. Baijayanti Pattnaik who died on 1-3-1983 and Dr. Chandramohan Pattnaik who died on 25-6-1959. The plaintiffs are the daughters and defendant is the son of late Smt. Baijayanti Pattnaik,. Defendant appeared on 31-3-1990 pursuant to summons and on 4-12-1990 he filed a petition under Order 11, Rule 1, C.P.C. praying for directing the plaintiffs to answer interrogatories narrated in para-2 of the revision petition. The plaintiffs filed ob...
Balia Alias Balaram Behera and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-30-1993
Reported in: 1994CriLJ1907
D.M. Patnaik, J.1. In the above two appeals, appellants Balaram and his son Bhagirath assail their conviction under Section 376(2)(g) of the Indian Penal Code, and sentence of rigorous imprisonment for five years and ten years respectively.2. Prosecution case is, on 17-11-1989 about 5 p.m. the prosccutrix (P.W. 1) an unmarried girl aged 22 years reached the village of appellants and demanded Rs. 600/- from appellant Balaram which the latter was obliged to repay. Since he did not pay the amount, there was altercation between the two. When night fell appellant Balaram asked her to stay in his house and take money in the morning. The prosccutrix slept on a cot in the passage room of the appellants. In the night about 10 p.m. it was alleged that she was raped by the appellants and three other unknown persons of that village in succession. She sustained injuries on her neck chest and breast. She could not report the matter during the night hours, but in the next morning about 9 a.m. on 18-1...
Madan Mohan Jena and ors. Vs. D.C. SwaIn and ors.
Court: Orissa
Decided on: Aug-27-1993
Reported in: 1993(II)OLR524
A. Pasayat, J.1. Order passed by the Consolidation Officer, Raghunathpur in a proceeding Under Section 9 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, the 'Act') is primarily the subject-matter of challenge. Addition- ally it is submitted that the officers appointed under the Act to exercise various functions are not well equipped to deal with the complicated questions of fact and law, and therefore, the authorities who are expected to substitute the judicial officers trying suits in Civil Courts, by and large are deficient and as a result the administration of justice has become a casualty.2. Before we deal with the larger question relating to functioning of the officers appointed under the Act, it is necessary to deal with the main challenge.The fact situation is almost undisputed. Objection Case Mo. 3256/730 of 1989 was filed Under Section 9 (3) of the Act by 35 persons who are arraigned as opposite party Nos. 6 to 40 in this wr...
Biswanath Nayak Alias Pattanayak and ors. and Madhaba Patra and ors. V ...
Court: Orissa
Decided on: Aug-27-1993
Reported in: 76(1993)CLT907; 1993(II)OLR415
P.C. Misra, J.1. Petitioners claiming to be tenants in respect of certain properties belonging to the deity 'Thakur Brundaban Chandra Dev, Bije Bada Khurda' prayed for relief Under Section 15(1)(b) and (d) of the Orissa Land Reforms Act before the Tahasildar, Khurda in O.L.R. Cases Nos. 33, 34, 33, 39, 40 and 42 of 1978 The deity has been impleaded as an opposite party in these writ applications and we are told that the deity has been declared as a privileged raiyat within the meaning of the Act. The Revenue Officer after examining the records and the evidence placed before it declared the petitioners in all these cases as bhag tenants under the deity. Against the aforesaid declaration of tenancy in favour of the petitioners, two appeals were filed by the landlord before the Officer on Special Duty, Khurda registered as O.L.R. Appeal No. 258/80 and No. 19/82. The appellate authority in both the appeals set aside the order of the Revenue Officer and held that there is no evidence to est...
Ramesh Chandra Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-25-1993
Reported in: AIR1994Ori187
Patra, J. 1. A short question that arises for determination in this case is whether royalty is imposable after coming into force of the Orissa Minor Minerals Concession Rules, 1990 by invoking Rule 33 thereof in respect of an existing lease granted under the Orissa Minor Minerals Concession Rules, 1983. 2. The Tahsildar, Dhankanal opposite party No. 2 granted two long term leases (Padmanava Stone Quarries Nos. 1 and 2) to the petitioner vide long term lease cases Nos 6 and 7 of 1990-91 under the Orissa Minor Minerals Concession Rules, 1983 (hereinafter referred to as 'the 1983 Rules'). Pursuant to such grant the petitioner started operating the quarries in question although no formal lease deeds have been executed. When the matter stood thus, the 1983 Rules came to be repealed and replaced by Orissa Minor Minerals Concession Rules, 1990 (hereinafter referred to as 'the 1990 Rules') by specifying rates of royalty payable in respect of minor minerals in Schedule I, following the enforcem...
Bharat Ranjan Misra Vs. Shyam Sundar Agrawal
Court: Orissa
Decided on: Aug-25-1993
Reported in: 1994CriLJ268; 1993(II)OLR460
L. Rath, J.1. The petitioner who was an Additional Commercial Tax Officer has filed this application seeking quashing of cognizance taken and direction issued for issue of process against him for commission of offences Under Sections 294 and 506, 1PC alleged in a complaint filed by the opposite party. The complainant was filed on 30-9-1989 with the averments that the complain is a businessman of repute and goodwill having business at Kesinga. On 19-9-1989 the accused persons including the petitioner came to his business premises and verified the books of accounts but did not find there any defect of mistake. After verification the accused persons who, besides the petitioner, were the Inspector of Commercial Tax and the Inspector of Investigation Wing, demanded illegal gratification of Rs. 5,000/-. Since the opposite patty did not oblige them and protested the demand, they got annoyed and scolded him in obscene language. The opposite party protested such highhanded action and uncivilise...
Smt. Sarojini Ratho Vs. Bhaskar Ratho
Court: Orissa
Decided on: Aug-24-1993
Reported in: AIR1994Ori5
S.C. Mohapatra, J.1. Deprivation of right to claim maintenance from her husband being permanently restrained by trial court is grievance of a Hindu wife in this appeal.2. Coming from two Brahmin families of Parlakhemundi when it was in Ganjam district, plaintiff and defendant were married in the year 1964. They were blessed with a daughter in 1966. Hardly two years thereafter in December, 1968, plaintiff, her husband accompanied and left her with her parents at Chhatrapur. Returning therefrom he filed a suit for annulment of the marriage or in the alternative, judicial separation on 3-1-1969 at Berhampur. During pendency of the proceeding, father of defendant approached his friends for settlement. It could not materialise. Suit was dismissed on 14-9-1970. Plaintiff negotiated for second marriage and marriage with daughter of one Chintamani Misra was fixed in 1971-72. In or about February, 1972, defendant filed a complaint at Puri against plaintiff and others for commission of offence u...
Pabitra Swal Singh Vs. Manikya Devi
Court: Orissa
Decided on: Aug-24-1993
Reported in: I(1994)DMC16
S.C. Mohapatra, J.1. Application for dissolution of marriage by a decree of divorce under Section 10 of the Indian Divorce Act having been dismissed, this appeal has been preferred.2. Case of plaintiff is that he and respondent remained together for some time at the intervention of gentlemen. During that period, they had sexual relationship. At the instance of one Nityananda Jena, an influencial man of the locality, the marriage register was signed by both of them in the house of the appellant though it is required to be signed either in the house of the bride or in the Church. However, parties resided as husband and wife and had the reputation as such. Since the marriage was not in accordance with the provisions of the Indian Christians Marriage Act, it is not valid. When it was found that respondent was leaving the house of the plaintiff in odd hours of night in the company of bad elements and continued to ill-treat the plaintiff falsely alleging that plaintiff had illicit relationsh...
Land Acquisition Officer-cum-collector, Kalahandi Vs. Sambaru Bariha
Court: Orissa
Decided on: Aug-20-1993
Reported in: AIR1994Ori90
Hansaria, C.J.1. The State of Orissa represented through the Laud Acquisition Officer-cum-Collector, Kalahandi has filed the First Appeal (F.A. No. 74/93) on 19-4-1993 with a court-fee of Re. 1/- only as against Rs. 9584 payable on the memorandum of appeal. An application under Section 149 of the Code of Civil Procedure was filed on the same day. This petition, registered as Misc. Case No. 275 of 1993, came up before a learned single Judge on 10-5-1993. The learned Judge having found that not a single appeal had been filed by the State paying the required court-fee and the usual ground taken for not doing so being that the amount required for purchasing court-fee has not been received from the concerned authority in time felt that some guidelines for extension of time as permitted by Section 149 of the Code should be laid down since this section is an exception to Section 4 of the Court-fees Act. The learned Judge also felt that the guidelines should be authoritatively laid down by a l...
State of Orissa and ors. Vs. Ganeswar Jena
Court: Orissa
Decided on: Aug-20-1993
Reported in: AIR1994Ori94
P.C. Misra, J.1. Defendants in Money Suit No. 39/2 of 1972/ 75 are the appellants in this appeal against the judgment of the Additional Subordinate Judge, Dhenkanal passing a decree against the appellants to refund a sum of Rs. 4150/- with interest thereon at the rate of 6 per cent per annum from the date of deposit to the date of realisation of the said amount and further declaring that the Certificate Case No. 71 of 1971-72 now pending with defendant No. 5 (Certificate Officer, Kamakshyanagar) is void.2. The plaintiff's case in brief is as follows : The plaintiff is a forest contractor and pursuant to an advenisement for sale of timber of Dhenkanal Forest Division, Angul, he was a bidder in respect of divisional lot No. 21 of Rajagada coupe No. 8 of East Kamakshyanagar Range in the auction held on 13-9-1965. The auction was conducted by defendant No. 4 (Divisional Forest Officer, Dhenkanal) which was knocked down in favour of the plaintiff, who became the highest bidder having offere...
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