Orissa Court May 1995 Judgments
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Chintamani Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: May-18-1995
Reported in: 1995(II)OLR402
R.K. Dash, J.1. The accused, petitioner herein, was prosecuted and tried under Section 307, IPC. The learned Assistant Sessions Judge, however, found him guilty under Section 324, IPC and in view of the gravity of the offence, declined to extend the benefit of the Probation of Offenders Act and consequently sentenced him to undergo rigorous imprisonment for one year. On appeal, the learned Additional Sessions Judge on a scrutiny of the evidence dismissed the appeal. Feeling aggrieved by the Judgment of both the Courts below, the accused filed the present revision.2. Facts of the prosecution case are well set out in the Judgment of the trial Court and therefore, it is not necessary to recapitulate the same. Accused's mother as well as Lalita Bewa, mother of Benudhar Mohapatra PW 3, are real sisters. Lalita being issueless, it is alleged, adopted PW 3 and since his childhood PW 3 has been residing in her house. For a trivial matter the accused gave a Farsa blow to PW 3 on 10-3-1990 at ab...
Ananda Chandra Kar and ors. Vs. State of Orissa
Court: Orissa
Decided on: May-18-1995
Reported in: 1995(II)OLR460
B.N. Dash, J. 1. The appellants, 16 in number, have been convicted under Sections 148 and 304 read with Section 34 IPC and each has been sentenced to undergo rigorous imprisonment for one year on the first count and ten years on the second count. They have also been convicted under Section 304 read with Section 149 IPC but no sentence has been awarded inasmuch as sentence under Section 304 read with Section 34 IPC has already been imposed.2. In short, the prosecution case is that on 21-1-1982 at about 11 or 12 a.m. while Ankura Mallik (PW 1) was in the tank of his village Chandipur for taking bath, his son Ramesh (PW 3) came and informed him that his elder brother Suresh (deceased) who was aged about 18 years as per the post mortem report (Ext. 4), was being assaulted near the sugarcane bari of Ananda Kar. Being so informed, he went there along with his son Ramesh and found that the appellants and some others were assaulting the deceased Suresh by means of Bhali. Tangias, Farsa and Lat...
Kapileswar Sahoo Vs. Rama Chandra Sahoo and ors.
Court: Orissa
Decided on: May-17-1995
Reported in: AIR1996Ori7
P. Ray, J.1. The plaintiff-appellant took a loan of Rs. 200/ - from Rama Chandra Sahu, defendant No. 1-respondent and executed an unregistered and unstamped document of mortgage on March 16, 1982. The plaintiff also delivered possession of the suit properties to the said defendant No. 1. It was stipulated that the plaintiff would redeem the suit properties within three years from the date of mortgage. The plaintiff did not do that and the defendant No. 1 continued in possession. On May 12,1980 the plaintiff filed an application under Section 83 of the Transfer of Property Act which was registered as Misc. Case No. 12 of 1980 of the Court of Munsif, Narasingpur. The said miscellaneous case was dismissed on some technical ground. Thereafter in April, 1981 the plaintiff filed the present title suit being T.S. No. 4/81.2. In the suit, the plaintiff has claimed that the mortgage stood discharged in terms of the provisions of Section 17 of the Orissa Money Lenders Act, 1939 (hereinafter refe...
Mangalam Timber Products Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-16-1995
Reported in: AIR1996Ori13
G.B. Patnaik, Ag.C.J.1. The legality of the issuance of letter dated 2-9-1993 enhancing the rate of royalty as well as changing the weighment norms and stack measurment under Annexure-10 is under challenge on the ground that the same is arbitrary, irrational and that the State is bound by the unequivocal promise held out to the petitioner for setting-up the industry and doctrine of promissory estoppel applies.2. The short facts of the case are that in April, 1993, a high-level committee presided over by the Chief Minister of Orissa decided that the petitioner should set up a Medium Density Fibre Board Project at Nowrangpur in the district of Koraput and the Forest Department as well as the Forest Corporation would supply the raw materials. On 19-8-1983 the said Committee further decided that 60,000 metric tonnes of hardwood would be available to the petitioner and the petitioner should be communicated the same. The Chief Conservator of Forests vide his letter dated 20th of October, 198...
indane Bottling Plant Sramika Congress Vs. Indian Oil Corporation and ...
Court: Orissa
Decided on: May-16-1995
Reported in: (1997)IIILLJ99Ori; 1995(II)OLR442
S. Chatterji, J1. The present writ application at the instance of Indane Bottling Plant Sramika Congress, a registered union, seeks reliefs by way of issuance of a writ of mandamus to command opposite party No. 1 namely, Indian Oil Corporation, having its Indane Bottling Plant at Chhanpur, in the district of Balasore, to take into consideration the cases of the contract labourers mentioned in the writ petition for their permanent absorption in the permanent posts created by opposite party No. 1 for the second shift or in the alternative in the existing posts in the first shift, as may be deemed fit by this Court. It is, however, stated in the writ petition that the recruitment of permanent labourers against permanent posts for the second shift for the same and similar kind of work as now undertaken by contract labourers which amount to serious discrimination against the members of the petitioner- Union and will be against the spirit of the Act and irreparable loss will be caused to the...
Secretary, the People's Union for Civil Liberties Vs. State of Orissa ...
Court: Orissa
Decided on: May-16-1995
Reported in: II(1995)DMC508
G.B. Patnaik, A.C.J. 1. A rather obnoxious circular issued by the Director General of Police to all the Police Stations for hand-cuffing the mother-in-law and leg-shackling the sister-in-law (SASU HATARE KADI, NANANDA HATARE BEDI) has aroused such public awareness for enforcement of its right to life under Article 21 of the Constitution that an Advocate of this Court representing the People's Union for Civil Liberties has filed the present writ application with the prayer that the aforesaid circular should be quashed and the persons connected with law and order should be directed not to transgress the limits of law. It appears from the records of the case as well as the relevant Government file that was produced before us that in a conference of Collectors and Superintendents of Police, the then Chief Minister of Orissa was very much shocked with the cases of dowry death and a decision was taken that some deterrent measure should be taken by way of arrest and hand-cuffing the mother-in...
The People's Union for Civil Liberties, Orissa Branch, represented by ...
Court: Orissa
Decided on: May-16-1995
Reported in: 1995(II)OLR40
G.B. Patnaik, A.C.J.1. A rather obnoxious circular issued by the Director General of Police to all the Police Stations for hand-cuffing the mother-in-law and leg-shackling the sister-in-law (SASU HATARE KADI, NANANDA HATARE BEDI) has aroused such public awareness for enforcement of its right to life under Article 21 of the Constitution that an Advocate of this Court representing the People's Union for Civil Liberties has filed the present writ application with the prayer that the aforesaid circular should be quashed and the persons connected with law and order should be directed not to transgress the limits of law. It appears from the records of the case as well as the relevant Government file that was produced before us that in a conference of Collectors and Superintendents of Police, the then Chief Minister of Orissa was very much shocked with the cases of dowry death and a decision was taken that some deterrent measure should be taken by way of arrest and hand-cuffing the mother-in-...
Sidheswar Sahu Vs. Arakhita Jena and anr.
Court: Orissa
Decided on: May-15-1995
Reported in: AIR1996Ori29
ORDER1. In this application correctness of orders passed by learned Civil Judge, Senior Division, First Court, Cuttack and learned Second Addl. District Judge, Cuttack, while dealing with acceptability of petition filed by petitioner under Order 9, Rule 13 of the Code of Civil Procedure, 1908 (in short, the 'Code') for setting aside ex parte decree passed against him in T.S. No. 677 of 1986, is questioned.2. Background facts undisputed essentially, are as follows:Opposite Parties herein brought T.S. No. 677 of 1986 against one Moti Bewa for specific performance of contract. Consequent upon the death of Moti, petitioner was substituted as defendant in her place as she was stated to be adopted mother of the petitioner. He traversed pleadings of the plaintiffs by filing written statement; but did not take any steps after 12-3-1991. He was set ex parte, suit was heard on 5-4-1991 and 4-4-1991 in his absence, and judgment decreeing the suit ex parte was pronounced on 1-5-1991. After sealing...
Daitari Lenka Vs. Asst. Controller of Examinations and ors.
Court: Orissa
Decided on: May-15-1995
Reported in: AIR1997Ori25
Susanta Chatterji, J.1. The present writ application is at the instance of one Daitari Lenka praying, inter alia, for issuance of an appropriate writ to quash the letter dated 13-10-1993 issued by the Assistant Controller of Examinations, Berhampur University, copy whereof is Annexure-1. By the aforesaid impugned letter, the Assistant Controller of Examinations has recorded that the petitioner's application dated 20-3-1993 for appearing at the M. Com. Part II examination, 1993 as a non-collegiate candidate from Banja Bihar Centre cannot be entertained in view of the fact that the petitioner had passed the +3 Arts examination in the year 1987 from Berhampur Universityand as per the existing regulation 23 of Chapter V, the petitioner was required to pass B. Com. or B. A. examination with Honours in Economics for appearing at M. Com. examination as non-collegiate candidate from the university. 2. Being aggrieved, the petitioner has come to this Court for quashing of the aforesaid order An...
Brajabandhu Misra Vs. Luhurani Misra
Court: Orissa
Decided on: May-15-1995
Reported in: AIR1996Ori50
P. Ray, J.1. The present second appeal involves a dispute over the question of title and possession in A.C. 0.33 decimals of land of plot No. 150 within Holding No. 15of village Kunjam in Pallahara Sub-division, Dhenkanal which was within an erstwhile Princely State.2. The plaintiff has claimed her title in the suit land on the basis that the suit property was the self-acquired property of her husband Dhaneswar. Her case is that on the death of Dhaneswar in the forties, she got a limited interest in the suit land and after enactment of Hindu Succession Act, 1956 her limited interest became absolute in accordance with Section 14 thereof. It appears that the plaintiffs name has also been duly recorded in the current record of rights. The plaintiff has stated that taking advantage of her helplessness the defendants, a brother of her husband, was trying to disturb her possession in the suit land and she had to start a proceeding under Section 145 of the Cr. P. C. In the said proceeding the...
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