Orissa Court July 1994 Judgments
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Nityananda Panigrahi and ors. Vs. Commissioner of Consolidation and or ...
Court: Orissa
Decided on: Jul-08-1994
Reported in: 78(1994)CLT859; 1994(II)OLR214
G.B. Pattnaik, J.1. The order of opp. party No. 1. the Commissioner of Consolidation dated 27-3-1991. annexed as Annexure-5, disposing of six consolidation revision cases together is being challenged by this single writ petition on the ground that the revisional authority erroneously reversed the decision of the appellate authority and confirmed the decision of the original authority on non-consideration of the materials on record and on erroneous view of the legal position.2. The brief facts necessary for disposal of the writ application may be stated hereunder :Nityananda Panigrahi, petitioner No. 1, filed four objection cases under Section 9 (3) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (hereinafter referred to as the Act') against different opposite parties inter alia on the ground that though the objector has purchased the property under registered sale deed but the property in the land register stands recorded in the name of the opposite ...
Ramakanta Panda and ors. Vs. Smt. Satyabhama Panda
Court: Orissa
Decided on: Jul-08-1994
Reported in: 78(1994)CLT1018; 1995CriLJ2409
ORDERA. Pasayat, J.1. These three applications are interlinked as they have a common genesis on a complaint filed by Smt. Satyabhama Panda, opposite party in each of the cases registered as I.C.C. No. 22 of 1994 before learned Subdivisional Judicial Magistrate, Khurda. According to Satyabhama, petitioner Soleman acted in an illegal manner in arresting her husband Desarathi Panda in order to satisfy the ego of petitioners Prafulla Chandra and Ramakanta, who were inimically disposed towards her, and Dasarathi. Allegations of Satyabhama were that while accused-petitioner Soleman was effecting arrest, he misbehaved with her and thereby committed an offence punishable under Section 354, I.P.C. and since he forcibly took away Dasarathi he committed an offence punishable under Section 365, I.P.C.So far as petitioner Ramakant and Prafulla are concerned, the allegation of Satyabhama was that they had masterminded the, whole thing and at their behest petitioner Soleman acted.2. On me basis of co...
Narendra Kumar Choudhury Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-06-1994
Reported in: 1994(II)OLR218
G.B. Pattnaik, J.1. The petitioner who was a teacher of Radha Krushna Jew High School has approached this Court as the Managing Committee of the school did not allow him to resume his duties as a teacher notwithstanding the direction given by the Inspector of Schools. It is alleged in the writ application that while the petitioner was continuing as a teacher of the school, he wanted to get himself trained by undergoing training and for that purpose made an application to the school for leave. The Managing Committee passed a rasolution granting leave to the petitioner and the petitoner was duly relieved by the Secretary of the Managing Committee on 11-8-1976. On completion of the training when the petitioner intimated the Secretary of the Managing Committee about the completion of his course, and would join on 1-4-1973 but no letter had been received from the Secretary. When on 1-4-1978 factually the petitioner joined the Institution he was not allowed to discharge his duties and on the...
Hemanta Kumar Maojee and ors. Vs. Harilal Amarai and anr.
Court: Orissa
Decided on: Jul-06-1994
Reported in: 1994(II)OLR223
G.B. Pattnik, J.1. This appeal is under the Letters Patent directed against the decision of the leamed simle Judga in Misc. Appoeal No. 202 of 1988 affirming an order of the learned Trial Judge passed in Misc. Case No. 348 of 1987 refusing the prayer for injunction.2. Plaintiffs are the appellants. They have filed the suit for partition claiming a share in the disputed prooerty they being the legal heirs of the branch of Maojae Ramiee. According to the plaint case. Ramjee Haridas is the common ancestor who had three sons, Amarai Ramjee. Manojee Ramiee, Giridhari Lal and a daughter. The daughter is defendant No-14. The property is the joint family ancestral property and, therefore, the plaintiffs have a share in the same. During the pendency of the suit they filed an application for injunction defendants 1 and 2 who represent the branch of Amarai Maojee from alienating any part of the suit property. The defendants in their objection to the application for injunction took the stand that ...
Bharat Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-06-1994
Reported in: 1994(II)OLR225
G.B. Pattnaik, J.1. The order of the Consolidation Commissioner dated 21st of .September, 1989, in a revision tiled under Sec' 37 (1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (hereinafter referred to as the Act), annexed as. Annexure-1 is being assailed in this writ application, inter alia,on the gound that though the order of the Consolidation Officer was appealable.under Sac. 20 and no appeal having been preferred, the Commissioner could not have invoked his suo motu jurisdiction under Section 37(1) of the Act. 2. The short facts necessary to decide the legality of the impugned order of the Commissioner may be briefly stated. A provisional consolidation scheme was prepared under Section 18 of the Act whereunder Chaka-83 had been allotted to the petitioner and Chaka-107 had been allotted to opposite party No. 4. Opp. party No. 4 filed an objection before the, Consolidation Officer invoking his jurisdiction under Sub-section (2) of Section 18 ...
Kasi Sahoo and ors. Vs. Haribandhu Jena and ors.
Court: Orissa
Decided on: Jul-06-1994
Reported in: 1994(II)OLR228
G.B. Pattnaik, J.1. This appeal under letters patent is directed against the judgment and decree of the learned single Judge in F. A. No. 19/77.2. Plaintiffs and the legal representatives of some of them are The appellants. The suit was one for declaration of title in respect of Schedule 'A' and 'B' properties of the plaint on the basis of their possession and for recovery of the suit land as well as mesne profit.3. It is alleged in the plaint that the suit lands in question measuring 15 acres form a part of survey No. 159 in village Jura. The plaintiffs further aver that the lands were recorded in the record of rights as Abada Jogya Anabadi. One Krutibasa who was the Karta was residing in the village from 1930 to 1962 and some times in 1948 he occupied 'A' schedule land measuring about 8 acres which is the southern portion of the suit lands adjoining the inam lands of the village. Even after abolition of the Sanakhemundi estate in 1953 said Krutibasa continued to possess these areas b...
Filli Dilli Dora Vs. State of Orissa
Court: Orissa
Decided on: Jul-06-1994
Reported in: 1994(II)OLR240
R.K. Patra, J.1. The appellant has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for being in unlawful possession of 8 legs, of ganja without any authority in contravention of Section 8 of the Act. He has been sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 6.000/- with a defaulting sentence.2. Briefly stated, the prosecution case is that on 12-1-1990 at about 11.30 a. m. the Sub-Inspector of Excise, E.I.B . Berhampur (PW 3) when was on patrolling duty along with his staff including the Excise Constable (PW 1) at Goilundi bus stand, Berhampur, found the appellant to be searching for a Puri-bound bus. The appellant had a tin box with him. On suspicion PW 3 detained the appellant and after disclosing his identity, search of the tin box held by the appellant was conducted in presence of the witnesses. PW 3 found one jari bag inside the tin box which was fille...
Ashoka Industries Ltd. and anr. Vs. Orissa State Financial Corporation ...
Court: Orissa
Decided on: Jul-05-1994
Reported in: 78(1994)CLT387; 1994(II)OLR179
P.C. Misra, J.1. This revision is directed against the order of the Subordinate Judge, Bhubaneswar passed under Order 1, Rule 10, read with Order 34, Rule 1. CPC directing impletion of Allahabad Bank as one of the defendants in the suit. In the suit where the aforesaid application for impletion of party was filed by Allahabad Bank the following prayers were made :(i) A preliminary decree to be passed for accounts directing the defendant (Orissa State Financial Corporation) to render true accounts of the entire transaction of the plaintiff ;(ii) A decree for compensation to be passed against the defendant-Corporation for the damages caused to the plaintiff which is to be determined in course of trial;(iii) A decree to be passed holding inter alia that the plaintiff is entitled to redeem the entire mortgage entered into with the defendant-Corporation on payment of such amount as would be determined on account of adjustment of the amount of compensation found to be payable by the defendan...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Giriwal Transport ...
Court: Orissa
Decided on: Jul-01-1994
Reported in: (1995)IILLJ169Ori
A. Pasayat, J. 1. Since the two appeals involve identical disputes, they are disposed of by this common judgment which shall govern each of them.2. The only point raised by Oriental General Insurance Company Ltd. (hereinafter referred to as the 'insurer') is whether wages as defined in Section 2(1)(m) of the Workmen's Compensation Act, 1923 (in short, the 'Act') includes fooding allowance (commonly known as 'Bhatia'). There was cleavage of opinion on this question, as learned Judges of this Court were not unanimous in their view in this regard. In Sri Gopal Singh v. Sri Nilamani Pradhan, (1987) 63 Cut 625; National Insurance Co. Ltd. v. Y. Ramadevi (1989) ACJ 980: 1990 Lab IC NOC 19, it was held that 'Bhatia' is not included in the expression of wages. In Divisional Railway Manager, South Eastern Railway v. M. Laxmi Bai, 1984 ACJ 545, clothing allowance was held to be a part of wages. In Gopal Singh and Ramadevi's cases (supra) learned Judges did not regard 'Bhatia' as a part of wages ...
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