Orissa Court October 1995 Judgments
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Hari Sahu Alias Harihar Sahu Vs. Smt. Janha Sahu and ors.
Court: Orissa
Decided on: Oct-18-1995
Reported in: AIR1996Ori98; 81(1996)CLT23
Susanta Chatterji, J. 1. The present First Appeal of the year 1979 is at the isntance of defendant No. 1 in a suit for partition. Plaintiff-respondent No. 1 filed title suit No. 7 of 1978-1 in the Court of the Subordinate 'Judge at Anandpur seeking partition of her undivided 1/8th share in the suit property. The suit was contested by the defendants and ultimately the trial court decreed the suit in the preliminary form in part on contest against defendants 1,9,11,12, 13 and 15 and ex parte against other defendants. The share of the plaintiff was determined as 1/12th and there was a direction to the civil court commissioner to effect partition by metes and bounds except the dwelling house. The learned trial Judge in deciding the suit for partition framed issues, namely : -- '1. Is the suit maintainable? 2. Is there any cause of action? 3. Is the suit barred by law of limitation? 4. Is the suit bad for misjoinder of parties? 5. Is the plaintiff entitled to any share? 6. Is the share...
Panchei Bewa (Deceased) and After Her Kunamani Sahoo and ors. Vs. Iswa ...
Court: Orissa
Decided on: Oct-18-1995
Reported in: 1996(I)OLR17
A. Pasayat, J. 1. The controversy in the present writ application lies within a very narrow compass. The authorities under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act 1972 (in short 'the Act') held that the question relating to 'adoption' has to be adjudicated by the Civil Court, and the results are to be reflected in the orders to be passed by the consolidation authorities. The revisional authority, the Commissioner, Consolidation, opp. party No. 3, in the revisional order (Annexure-14) held that the results of civil suit bearing No. 169 of 1985 pending before the Subordinate Judge, Puri, (as the Presiding Officer was designated then) would have binding effect.2. The position as to which forum has jurisdiction to decide questions relating to adoption was in a fluid stage. In Puni Bewa and Anr. v. Ananta Sahoo and Ors. : 47(1979) CLT 494, Pranabandhu alias Panu Ojha v. Bhikari Maharana alias Ojha : 57(1984) CLT 65 and Krushna Chandra Nayak alias Moh...
Ananda Kumar JaIn Vs. State of Orissa
Court: Orissa
Decided on: Oct-18-1995
Reported in: 1996CriLJ1154
ORDERR.K. Dash, J.1. The petitioner (hereinafter referred to as 'accused') facing criminal prosecution in II(C) C. C. No. 2 of 1991 under Sections 7 and 9 of the Essential Commodities Act (for short, 'the Act') for contravention of Clause 6 read with Clause 8 (a) (ii) and (vi) and Clause 6 of the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990 (hereinafter referred to as 'the order') has filed the present Criminal Misc. Case under Section 488, Cr. P. C. for quashing the proceeding pending before the Special Judge-cum-Sessions Judge, Nalahandi, Bhawanipatna.2. For better appreciation, the prosecution case may succinctly be stated thus : M/s. Janta Service Station, Bhawnipatna is a licensed dealer in petroleum products of Bharat Petroleum Corporation Limited having licence No. 6/80 issued by the Collector, Kalahandi. The accused on behalf of the said firm alleged to have sold one tank load of 12,000 litres of high speed diesel on 2-3...
Divisional Forest Officer and ors. Vs. Noniar Bibi and ors.
Court: Orissa
Decided on: Oct-17-1995
Reported in: 1997ACJ271; 81(1996)CLT283; 1996(I)OLR183
A. Pasayat, J. 1. On a reference being made by learned Single Judge, this matter was placed before a Division Bench to adjudicate the question whether Forest Guard in the Wild Life Conservation Division of State Government is a 'workman' under the provisions of Workmen's Compensation Act, 1923'(in short, the 'Act').2. A brief reference to the factual aspect is necessary before we take up the question referred for adjudication. One Sk. Noor Mohammad was working as a Forest Guard under the Forest Range Officer, Kujang. While he was on patrolling duty in the forest of Nookitola he was killed by certain poachers. Claim was lodged by his legal representatives under the Act claiming compensation on the premises that deceased who was a workman was aged about 42 years at the time of death, and was drawing a sum of Rs. 1106/- per month as his salary, and was entitled to compensation of Rs. 1,00,000/-. The Divisional Forest Officer, Wild-life Conservation Division, Chandbali, Forest Range Office...
Mahendra Rana Vs. State of Orissa
Court: Orissa
Decided on: Oct-17-1995
Reported in: 1996(I)OLR7
A. Pasayat, J. 1. Appellant Mahendra Rana (hereinafter referred to as 'the accused') faced trial for allegedly having committed offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC'), and on being found guilty by the learned Additional Sessions Judge, Sambalpur has been sentenced to undergo rigorous imprisonment for life.2. Prosecution version in short is as follows :On 18-7-1993 at about 8 p. m. the accused was standing in front of the house of Lalit Kanta and was abusing him. On hearing the shouts of the accused, the informant Sricharan Kanta (PW 1) came out of his house, and intervened. At that point of time Sricharan's elder brother Gopal Kanta (hereinafter referred to as 'the deceased') came out of the house and chastised the accused for creating tension. There was exchange of hot words, wordy and physical duel. The accused suddenly picked up a piece of wood which was lying on the ground and gave a blow above the right ear of the deceased, on receipt...
Nanik Sewa Vs. State of Orissa
Court: Orissa
Decided on: Oct-16-1995
Reported in: 1996(I)OLR32
Pasayat, J.1. Petitioner has by a letter moved this Court for a direction to the State Government to pay adequate compensation to her for the death of her son Dipak Behera who lost his life in an agitation protesting against implementation of Mandal Commission's recommendation. It was stated that while families of some deceased persons were paid rupees one lakh, others like petitioner were paid Rs. 25,000/-.2. In a counter-affidavit filed the State Government had initially taken a stand that Rs. 1,00,000/- was paid in case of loss of life of a student and in case of others, it was fixed at Rs. 25,000/-. We had asked the State Government to justify the differentiation. The initial stand was that the amount was not paid as compensation, as question of compensation was not one of the terms of reference to the Commission headed by Hon'ble Justice G. B. Patnaik. The amount was paid on a compassionate ground out of Chief Minister's relief fund.3. Compensation means anything given to make thi...
Hari Sahu Alias Harihar Sahu and After Him Sobha Sahu Alias Sobhi Dei ...
Court: Orissa
Decided on: Oct-16-1995
Reported in: 1996(I)OLR80
S. Chatterji, J. 1. The present First Appeal of the year 1979 is at the instance of defendant No. 1 in a suit for partition. Plaintiff-respondent No. 1 filed title suit No. 7 of 1978- I in the Court of the Subordinate Judge at Anandpur seeking partition of her undivided 1 /8th share in the suit property. The suit was contested by the defendants and ultimately the trial Court decreed the suit in the preliminary form in part on contest against defendants 1, 9, 11, 12, 13 and 15 and ex parte against other defendants. The share of the plaintiff was determined as 1/12th and there was a direction to the Civil Court Commissioner to effect partition by metes and bounds except the dwelling house. The learned trial Judge in deciding the suit for partition framed issues, namely :'1. Is the suit maintainable ? 2. Is there any cause of action ? 3. Is the suit barred by law of limitation ? 4. Is the suit bad for misjoinder of parties ? 5. is the plaintiff entitled to any share ? 6. Is the share clai...
Gajanan Agarwala Vs. State of Orissa
Court: Orissa
Decided on: Oct-12-1995
Reported in: 1996CriLJ655
R.K. Patra, J.1. The petitioner was prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'), on the allegation that he was selling articles, to wit: groundnut oil and Rahad dal which were adulterated and prohibited for sale for human consumption. The learned trying Magistrate found the petitioner guilty under the aforesaid provision, convicted him thereunder and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- with a defaulting sentence. The appeal preferred against the said conviction and sentence before the Sessions Judge ended in dismissal. Hence, this revision.2. Prosecution case may be briefly stated.On 29-10-1990 at about 11 a.m. the Food Inspector of Bolangir district (P.W. 1) along with his peon P.W. 2 visited the shop of the petitioner at Jagannathpara, Bolangir. The petitioner was present and was in charge of the business. P.W. 1 after disclosing his identity made...
Jugal Kishore Meher Vs. Bjaya Kumar Agarwalla
Court: Orissa
Decided on: Oct-11-1995
Reported in: 1996(I)OLR130
ORDERP. Ray, J. 1. The petitioner in the present Civil Revision Case suffered a money decree for 12,100/- in Money Suit No. 1/86 of the Court of the learned Subordinate Judge, Patnagarh. He preferred Money Appeal No. 3/91 in the Court of the learned District Judge, Boiangir against the said money decree. He did not deposit the decretal amount in the said appeal. It appears that the decree-holder-opposite party filed an application before the lower appellate Court for a direction upon the judgment-debtor-appellant to deposit the decretal dues in Court. On the said application an order was passed on July 16, 1993 directing the appellant to deposit the decretal amount by July 30,1993. The judgment-debtor-appellant took time on several occasions to deposit the decretal amount. On October 13, 1993 he filed an application praying for furnishing security instead of depositing the decretal amount in cash. By order No. 33 dated December 4, 1993 the learned District Judge rejected the said appli...
Aswini Alias Ashoka Kumar Behera Vs. State of Orissa
Court: Orissa
Decided on: Oct-11-1995
Reported in: 1996CriLJ900
R.K. Dash, J.1. This Criminal Appeal is directed against the judgment of the learned Second Additional Sessions Judge, Pari, in S. T. Case No. 36/346 of 1990 passed under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') whereby he convicted and sentenced the accused to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh, in default to undergo rigorous imprisonment for a further period of one year.2. The prosecution case unfolded during trial is that on 23-10-1988 at about 6.45 PM Laxmidhar Mohapatra (P.W. 2), Officer-in-charge of Kumbharpada P.S. getting reliable information that the accused was selling brown sugar/heroin at Market Chhak near studio Blue Heaven in Puri town, he along with A.S.I., B. D. Routray (not examined) and Navildar Biswanath Naik (not examined) hastened to the spot. Seeing the Police party the accused made good his escape. He was, however, chased and apprehended. On search, three packets of hero...
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