Orissa Court August 1995 Judgments
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Sambaru Sabar Vs. State
Court: Orissa
Decided on: Aug-27-1995
Reported in: 1996(II)OLR553
C.R. Pal, J.1. The appellant Sambaru Sabar in this appeal assails the order of conviction and sentence dated 26-7-1994 passed by the learned Addl. Sessions Judge, Parlakhemundi in Sessions Trial Case No. 8/ 94 i.e. Sessions Trial Case No. 150/94 GDC convicting him under Section 325, IPC and sentencing him thereunder to undergo rigorous imprisonment for seven years.2. The prosecution case, in brief, is that on 25-1-1994 the appellant and his wife returned to their house from Garabandha market at 3.00 p.m. after making some purchase. In that night at about 10.00 p.m. they quarrelled with each other. At about mid-night Mangada Sabar (PW 2) came to Lachhumuda Sabar (PW 1), the father-in-law of the appellant and informed him that the appellant assaulted Raibari to death by means of a lathi. Hearing about the incident from PW 2 the informant (PW 1) along with PW 2 and his son Rama Sabar, son's wife Champa, sister Gurubari, sister's husband Sanku Sabar and some other villagers went to the hou...
Land Acquisition Officer Vs. Smt. Mahalakshmi Panda
Court: Orissa
Decided on: Aug-25-1995
Reported in: AIR1996Ori95
A. Pasayat, J. 1. These two appeals are directed against the judgments of the learned Subordinate Judge, Berhmapur under the provisions of Land Acquisition Act, 1894 (in short 'the Act') in respect of lands acquired for the purpose of construction of bus stand and station office etc. by the Orissa Road Transport Company Limited, Berhampur by declaration No. 31354 dated 28-4-1976 published in Part 111 of the Orissa Gazette Extraordinary No. 717 dated 4-5-1976. Respondent in each case was the land owner. The extent of land acquired in respect of Smt. Mahalakshmi Panda is Ac 0.171 decimals whereas in respect of Smt. Mahalakshmi Panigrahi it is Ac. 0.267 decimals. The Land Acquisition Officer fixed the rate at Rs. 48,000/- per acre. The claimants claimed higher compensation and accordinlgy the matter was referred to the learned Subordinate Judge under Section 18 of the Act. 2. The dispute in these appeals relate to the reasonableness of the prices fixed by the learned Subordinate Judge in ...
Basanti Mohanty Vs. Brahmanand Das and ors.
Court: Orissa
Decided on: Aug-25-1995
Reported in: AIR1996Ori85
Pasayat, J.1. Present appeal is directed against the judgment dated 18-8-1983, and consequential decree passed by the learned Subordinate Judge, Jagatsinghpur (as was then designated) in Title Suit No. 61 of 1982, where the reliefs sought for were for declaration of title, confirmation of possession, and in the alternative for recovery of possession.2. Position of the parties in the present appeal vis-a-vis the suit is as follows:Appellant was defendant No. 2 in the suit, respondents 1 to 3 were plaintiffs in the Court below and respondent No. 4 was defendant No. 1.3. Plaintiffs' case in essence was as follows:Defendant No. 1 being owner of the suit land transferred the same by a registered sale deed dated 7-6-1982 to the plaintiffs for a consideration of Rs. 5,000/-. There was an agreement between the vendor and the vendees that plaintiff No. 1, who was staying at Calcutta, shall pay consideration money after his return therefrom. The sale deed was executed and registered with a condi...
Janmejoy Dinda Vs. State of Orissa
Court: Orissa
Decided on: Aug-25-1995
Reported in: 1996CriLJ2250; 1996(I)OLR12
A. Pasayat, J. 1. Conviction for commission of the offences punishable under Sections. 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 (in short, 'the Act') by the learned Judicial Magistrate, first class, Jaleswar (in short, 'JMFC'), and confirmation thereof by the learned Additional Sessions Judge, Balasore is the subject-matter of challenge in this appeal. For such conviction, sentence of simple imprisonment for one year, and fine of Rs. 5,000/-, in default sentence of three months, and sentence of simple imprisonment for one month respectively, as imposed by the learned JMFC was confirmed in appeal.2. Background facts which led to the trial of the accused-petitioner, and consequentially his convictions are essentially as follows :On 7-8-1986 Shri Bipin Behari Panda, Drugs Inspector (PW 1) accompanied by the Deputy Drugs Controller. Shri Krutibas Raj (PW 2) and the Assistant Drugs Controller Shri Bimal Kanta Mohanty (PW 3) inspected the nursing home in the name and style 'Kali...
Rama Chandra Pani Vs. Keshab Chandra Panda and anr.
Court: Orissa
Decided on: Aug-25-1995
Reported in: 1995(II)OLR652
A. Pasayat, J. 1. In a suit for partition and for relief under Section 4 of the Partition Act, 1893 (in short, the 'Act') prayer was made for injuncting opposite parties herein, defendants in the suit, from entering upon the suit land. Learned Civil Judge (Junior Division) Jajpur rejected the prayer and vacated ex parte order of injunction passed earlier. In appeal, learned Addl. District Judge, Jajpur upheld the order. 2. The case of parties in short is as follows : Plaintiff has filed T. S. No. 85 of 1993 for partition and for relief under Section 4 of the Act. His case is that one Madi Pani had two sons viz, Nidhi and Tila. Nidhi had two sons viz, Damodar and Karuni. Tila had a son named Shyama. Plaintiff-petitioner is the grand-son of Shyama. The opp parties in the petition filed under Order 39, Rule 1 of the Code of Civil Procedure, 1908 (in short, the 'Code)', in the suit, were purchasers from the co-sharers-defendants. The suit land stood recorded in the names of Shyama, Nayana ...
Pramod Kumar Singh Vs. Industrial Promotion and Investment Corporation ...
Court: Orissa
Decided on: Aug-24-1995
Reported in: 1995(II)OLR530
ORDER1. Heard Shri B. Mohanty for the petitioner and learned counsel for the opposite parties.2. The petitioner, who is now serving as an Engineering Assistant in Industrial Promotion and Investment Corporation of Orissa Ltd. (shortly, 'IPICOL') has filed this writ application under Article 226 of the Constitution of India seeking a direction to the IPICOL, O. P. No. 1, and its functionaries, O. P. Nos. 2 to 4, to create adequate promotional avenue for the Engineering Assistants like the petitioner working under 0. P. No. 1. The thrust of the submission of Shri Mohanty is that the petitioner, who is a diploma holder in civil engineering, joined IPICOL service in May, 1984 as an Engineering Assistant on being selected for the post vide the order dated 3-5-1984 (Annexure-1). Subsequently, his service was regularised in 1986 vide the order dated 4-2-1986 (Annexure-2). Though more than ten years have elapsed since then, the petitioner is still languishing in the said post without any promo...
Narayan Chandra Naik Vs. Surjya Gomango and ors.
Court: Orissa
Decided on: Aug-18-1995
Reported in: 1996CriLJ1580; 1996(I)OLR94
A. Pasayat, J. 1. These two cases are taken up together since they are inter-linked.2. These cases have been filed by Narayan Chandra Naik, son of Bipin Chandra Naik, (hereinafter referred to as 'informant') who died after institution of the proceedings. Revision is filed questioning correctness of the judgment of acquittal passed in appeal by learned 1st Additional Sessions Judge, Ganjam, Berhampur holding that the conviction and sentence passed by the learned Judicial Magistrate First Class, Parlakhemundi (in short, 'JMFC') was not sustainable. Appeal is under Section 454 of the Code of Criminal Procedure, 1973 (in short, 'the Code') wherein correctness of the direction given by the appellate Court for return of the seized paddy crops to the persons from whom seized is under challenge.3. Respondents (in appeal) and opposite parties (in revision) 1 to 8 faced trial for the alleged commission of offence punishable under Sections 447/379 read with Section 34 of the Indian Penal Code, 18...
Raghunath Asha Vs. State of Orissa
Court: Orissa
Decided on: Aug-11-1995
Reported in: 1996CriLJ1259; 1995(II)OLR260
R.K. Dash, J. 1. The accused, petitioner herein, stood charged under Sections 307 and 324, IPC. Upon trial, the learned Assistant Sessions Judge, Athagarh, convicted and sentenced him to undergo rigorous imprisonment for six years for the offence under Section 307, IPC and one year for the offence under Section 324, IPC and ordered both the sentences to run concurrently. The accused then challenged the judgment and order of the Assistant Sessions Judge in appeal and upon hearing the learned First Additional Sessions Judge, Cuttack, while setting aside the conviction under Section 307, IPC upheld the conviction under Section 324 and reduced the sentence to rigorous imprisonment for five months. It is against this judgment the accused has preferred the present revision.2. Facts of the case lie in a narrow compass. On 5-11-1989 at about 3 p.m. PW 1 Rajkishore Rout and his brother Chandra Sekhar Rout, PW 9 while returning from Nuapatna Spinning Mill, the accused obstructed them near Chandi...
Braja Kishore Sahu and ors. Vs. Smt. Sailabala Sahu and ors.
Court: Orissa
Decided on: Aug-11-1995
Reported in: 1995(II)OLR348
R.K. Dash, J.1. Plaintiffs are in appeal against the reversing judgment of the learned Additional District Judge, Cuttack, in Title Appeal No. 95 of 1980 wherein he set aside the judgment and decree of permanent injunction of the learned Munisif, Cuttack, passed in Title Suit No. 71 of 1977. 2. Plaintiffs' father Paramananda Sahu had his residential house over plot Nos. 317, 317/2156 and 317/2157 having an area of Ac.0.42 dec. in Mouza Makhanpur in the town of Cuttack as described in schedule 'A' of the plaint. On his death in 1958, the plaintiffs, being his sons succeeded to the suit lands and have been possessing the same as owners. Defendant No. 1, a relation of the plaintiffs, was staying in a rented house along with her husband and when the house owner tried to evict them from the house, the plaintiffs permitted them temporary residence in the house standing on the suit land described in schedule 'B' of the plaint. In 1976 plaintiffs intending to make some new construction on sche...
Narasingha Padhi (Dead) and After Him Rangabati Padhi and ors. Vs. Sas ...
Court: Orissa
Decided on: Aug-11-1995
Reported in: 1995(II)OLR497
R.K. Dash, J. 1. Unsuccessful defendants are in appeal against confirming judgment and decree of the learned Subordinate Judge passed in Title Appeal No. 10 of 1982.2. Plaintiff's case, briefly stated, is that his father acquired the suit house by virtue of a registered sale deed dated 8-11-1934 from one Smt. Budhi Sahuani and since purchase, he possessed the same as owner thereof. Deceased defendant No. 1 a relation of the plaintiff through his paternal grand-mother lost all his properties during) his father's life-time. So plaintiff's father took pity on him and gave him shelter in the suit house. But in the year 1874, defendant No. 1 asserted his title over the suit house and approached the local Police for help. Consequently, the Police initiated a 145 proceeding between the parties which is still subjudice in the Court. In the said proceeding, house was attached and kept under a receiver. Since deceased defendant No.1 claimed the suit house as his own, the plaintiff filed the pres...
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