Orissa Court May 1995 Judgments
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Raghunath Behera Vs. Balaram Behera and anr.
Court: Orissa
Decided on: May-19-1995
Reported in: AIR1996Ori38
A. Pasayat, J.1. Raghunath (the plaintiff-appellant) and Balaram (defendant No, 1-- respondent No. 1) each claimed to be the adopted son of Kalandi Sahara and Nisa Bewa (defendant No. 2 -- respondent No. 2) in a suit filed by Raghunath. The suit was one for a declaration that Raghunath is the adopted son, and not Balaram and that the deed relating to acknowledgment or adoptionand gift, executed by Nisa in favour of Balaram is not valid and binding learned Munsif, Bhubaneswar non-suited the plaintiff holding that plaintiff was not the adopted son. She also concluded that Balaram was not the adopted son, and the document relating to acknowledgment of adoption and gift dated 13-2-1981 (Ext. B) is not valid and operative. Raghunath filed an appeal relating to the finding regarding adoption, while Cross-appeal was filed by the defendants relating to Baiaram's claim of adoption and validity of deed dated 13-2-1981. Learned Additional District Judge. Bhubaneswar dismissed Raghunath's appeal, ...
Utkal Galvanizers (P) Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-1995
Reported in: (1996)ILLJ369Ori
P.C. Naik, J.1. This petition under Article 226 of the Constitution of India has been filed for issuance of an appropriate writ/direction or order quashing the order of the State Government in the Labour and Employment Department dated October 18, 1993 whereby the Government has referred the said matter in dispute to the Presiding Officer, Industrial Tribunal Bhubaneswar. The petitioner also prays for quashing the notice dated February 3, 1995 issued by the Presiding Officer, requiring it to appear and file its written statement, list of witness and documents in the said dispute. The further prayer of the petitioner is for a declaration that the said industrial dispute case is not maintainable, as there is no industrial dispute in existence and, for restraining the Industrial Tribunal from proceeding with the said dispute.2. The facts giving rise to this petition are hereinafter stated;The Petitioner is a private Limited Company having its registered office at Jagatpur. It is engaged i...
Smt. Kadambini Singh Vs. Lokanath Singh and ors.
Court: Orissa
Decided on: May-19-1995
Reported in: 1995(II)OLR200
R.K. Patra, J. 1. Being felt aggrieved by the order of the learned Subordinate Judge, First Court, Cuttack refusing to grant probate of the Will in her favour, the appellant Kadambini Singh has filed this appeal under Section 299 of the Indian Succession Act, 1925. 2. The appellant's mother and. Nilamani are two sisters. Nilamani (hereinafter referred to as the testatrix) executed the will dated 9-5-1976 in favour of the appellant. One Mangal Singh had three sons, namely, Sitanath, Jagannath and Lokanath (respondent No. 1) The testatrix was the wife of Sitanath. Respondent No. 2 Baidyanath Singh is the son of Jagannath. The Will recites that the testatrix's mother-in-law Arnapurna being the true owner while alive gifted away the property in question by a gift deed dated: 25-6-1965 (Ext. 2) in favour of the testatrix. As the testatrix had no children, the appellant being her sister's daughter was brought to her family from infancy and was looked after like an adopted daughter. Being sat...
Hoor Bano and ors. Vs. State
Court: Orissa
Decided on: May-19-1995
Reported in: 1995(II)OLR223
R.K. Dash, J. 1. The short question that arises for consideration is whether the present appellants being daughters and son of Habibullah Khan against whom a confiscation roceeding under Section 13 of the Orissa Special Courts Act (for short, 'the Act') has been initiated can be added as parties or given an opportunity to have their say.2. Appellant's case, in short, is this. There was vigilance raid in the residential premises of their father, wherefrom, cash amounting to Rs. 7,58,000/- and gold ornaments weighing about 75 tolas were seized. Claiming major part of the seized cash and gold ornaments to be their own, the appellants approached the Authorised Officer for impleading them as parties and to afford them an opportunity of being heard. Their such prayer having been resisted by the State hearing was taken up and, on conclusion whereof, the impugned order was passed rejecting their prayer with an observation that under the Act it is the accused against whom the case has been regi...
Surendra Singh Bhanja Deo Vs. the Commission of Inquiry, Liquor Traged ...
Court: Orissa
Decided on: May-19-1995
Reported in: 1995(II)OLR177
S. Chatterji, J. 1. OJC No. 8659 of 1994 and OJC No. 68 of 1995 are at the instance of S. S. Bhanja Deo as petitioner challenging the order dated 22-11-1994 and order dated 8-12-1994 and 9-12 1994 made by the Commission constituted under the Commission of Inquiry Act.2. It is observed frequently that past is history, present is tension and future is speculation. Truely consistent with this dictum these two cases have its own history-history no doubt tragic indeed as observed by an earlier Division Bench of this Court in the case reported in AIR 1993 Orissa 157 : Jana Mohan Das v. State of Orissa where the Division Bench found necessity for a judicial' enquiry as to the liquor disaster that happened. In the said decision, history indeed was recorded in details what was the tragedy, what is public interest, what is public concern, what is the duty of the State and what the Court can do. Consistent with this, admittedly the Commission was constituted as envisaged in the Commission of Inqu...
Manoj Ranjan Patnaik and ors. Vs. Sangram Keshari Patnaik and ors.
Court: Orissa
Decided on: May-19-1995
Reported in: 1995(II)OLR167
A.K. Padhi, J. 1. Both these Miscellaneous Appeals are interlinked and the parties are same. Therefore, they are disposed of by this common Judgment.2. In Misc. Appeal No. 631 of 1992 the order dated 29-8-1992 passed in 0. S. No. 129 of 1992 staying the suit under Section 34 of the Arbitration Act, 1940 is under challenge. In Misc. Appeal No. 632,of 1992 the order dated 29-8-1992 passed in Misc. Case. No. 239 of 1992 arising out of OS No. 129 of 1992 under Order 39, Rules 1 and 2, CPC is under challenge. 3. The facts which are necessary for adjudication of both the appeals are as follows : An unregistered partnership firm was constituted for trade of foreign liquor and beer with the name and a style 'Madhuban in the year 1974 which was reconstituted on 26-12-1974. On 1-10-1976 the firm was again reconstituted of which plaintiffs 1 to 4 and defendants 1 to 4 were partners. In the year 1990 difference arose between the partners and on 22-10-1990 the partnership firm was dissolved. It is ...
Executive Officer, Berhampur Municipality Vs. Padma Ch. Mishra
Court: Orissa
Decided on: May-19-1995
Reported in: 1995(II)OLR437
R.K. Dash, J.1. Town Surveyor of Berhampur Municipality being authorised by the Executive Officer filed complaint against the accused, respondent herein, alleging that the latter constructed a building in Gajapati Nagar in Ward No. 26 within Berhampur Municipality without obtaining permission as required under the Orissa Municipal Act (for short, 'Act'). He therefore prayed that the accused may be proceeded against for his having contravened the provisions of Section 264 and accordingly he be punished under Section 386-A of the Act.2. When examined under Section 312, CrPC, accused admitting to have constructed building without approval of the Municipality, pleaded that in 1979 he applied to the Municipal authority for approval of his building plan and when approval was hot accorded, he constructed the building.3. The complainant in order to substantiate the charge, examined two witnesses and the learned trial Court on an appraisal of the evidence acquited the accused mainly on the grou...
Meghanath Alias Meghanad Pradhan and ors. Vs. the State
Court: Orissa
Decided on: May-19-1995
Reported in: 1995CriLJ3934
R.K. Dash, J.1. The accused persons, appellants herein, faced trial under Sections 307/34, I.P.C. In the Court of Assistant Sessions Judge, Kalahandi, Bhawanipatna and were found guilty and convicted thereunder and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for a further period of six months. They challenged their conviction and sentence before the Sessions Judge by filing appeal which upon hearing was ultimately dismissed and it is against that order of dismissal the present revision is filed.2. The pith and substance of the prosecution case may be stated thus:On 5-1-1993 at about 7.30 a. m. informant Muralidhar Rana (PW 3) along with his son Nityanand Rana (PW 7) left for Bhawanipatna in a cycle. No sooner they reached near a water channel situated in between Tentulipada and Turpi, all these accused persons who were lying in wait suddenly emerged being armed with lathis and axe, abused P.W. ...
Buli Dei Vs. Krushna Mohan Pahadsingh and anr.
Court: Orissa
Decided on: May-19-1995
Reported in: 1995CriLJ3681
R.K. Dash, J.1. This revision at the instance of the informant, Buli Dei, in G.R. Case No. 651 of 1989 has been preferred against the judgment of the learned Magistrate First Class, Khurda, acquitting accused persons from the offences Under Sections 294/354/34 IPC.2. Shorn of unnecessary details, the prosecution case is that on 12-9-1989 evening when the informant was shouting regarding theft of three yokes from her house, accused Krushna Mohan Pahadsingh being followed by his brother Braja Mohan Pahadsingh, the other accused, came from their house and abused her in filthy language. To this when the informant protested, accused Krushna Mohan having undressed himself dragged her cloth, as a result, she becames naked. This incident, according to the informant had been witnessed by Purnachandra Samantray and Gajendra Baliarsingh. Against such illegal act of the accused, she lodged a written report to the police, whereupon, investigation was taken up and on conclusion thereof, chargesheet ...
Rama Chandra Bahera and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-19-1995
Reported in: 1996CriLJ734; 2009(I)OLR444
ORDERR.K. Dash, J.1. This is a petition under Section 401 read with Section 307 of the Code of Criminal Procedure by the accused persons wherein they have challenged the order of the learned Sessions Judge, Dhenkanal, remanding the case back to the trial court for disposal in accordance with law.2. The facts giving rise to initiation of a criminal proceeding against the accused persons may suceinctly be stated thus: On 3-8-91 at about 4 P.M. two C.I.S.P. personnel while performing patrol duty inside the smelter plant of NALCO on noticed that a man was replacing new tyres to a truck bearing registration No. MPT 9221 near M/s. G.D.C. office, on suspicion they informed the Officer-in-charge, Crimes, whereupon Inspector B.N. Rout along with another rushed to the spot and apprehended one of the second, namely, Rama Chandra Behera while he was replacing the tyres. The other accused, namely, Prakash Chandra Jena, an employee of NALCO who was present there was helping Shri Behera to execute th...
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