Orissa Court November 1996 Judgments
Dayanidhi Bhukta Vs. State of Orissa
Court: Orissa
Decided on: Nov-29-1996
Reported in: 1997(1)ALT(Cri)17; 83(1997)CLT613; 1997(I)OLR188
R.K. Dash, J. 1. The appellant assails the judgment and order of conviction under Section 32.IPC and sentence of imprisonment for life awarded to him by the learned Sessions Judge, Bolangir, in Sessions Case No. 44 of 1992. The charge levelled, against the appellant was that on 15-1-1992 he assaulted Sumitra Bhukta (hereinafter referred to as 'the deceased'), his daughter-in-law with an axe and committed her murder.2. Briefly stated, the prosecution case is that the appellant an old man aged 75 used to have frequent quarrels with the deceased and this is the reason why he, although was residing under the same roof with his son, was cooking his food separately. On the date of incident, i. e. on 15-1-1992, at about noon, the appellant hit the deceased with an axe and caused her instantaneous death. He had been seen by Dhanmat Saraf, PW 1 while coming out of the place of incident with an axe smeared with blood. PW 1 then reported the matter to the Sub-Inspector of Police, PW 7 who registe...
Tag this Judgment!Sabita Behera Vs. Prafulla Kumar Das and ors.
Court: Orissa
Decided on: Nov-27-1996
Reported in: 1997(I)OLR116
A. Pasayat, J.1. These two appeals are inter-linked being directed against the same judgment of learned Judge, Family Court, Cuttack though the grounds of challenge are different. Although the pivotal question posed appears to be simple, it presents some complexities. In essence the dispute is whether there is scope for substitution in place of deceased husband after an ex parte decision is taken in a proceeding for judicial separation or divorce. Certaion other disputes have been raised, with which we shall deal infra.2. The dispute has arisen in the following background :Sabita Behera alias Das (appellant in Civil Appeal No. 19 of 1994 and respondent in Civil Appeal Nos. 23 of 1994) was married to Kishore Kumar Das (hereinafter referred to as 'Kishore') on 30-1-1990 according to Hindu rites and customs. An application seeking divorce was filed by Kishore, the husband under Section 14 of the Hindu Marriage Act, 1956 (in short, 'the Act') which was duly accepted on 15-11-1991 by allowi...
Tag this Judgment!Sk. Dofian HossaIn Vs. Narayan Keshi and ors.
Court: Orissa
Decided on: Nov-27-1996
Reported in: 1997(I)OLR98
R.K. Dash, J.1. This revision at the instance of defendant No. 1 is against the order of the learned Additional District Judge, Bhadrak, passed in Title Appeal No. 9 of 1984 allowing the plaintiff's prayer for addition of State of Orissa as defendant to the suit.2. To appreciate the question posed in the present revision it is necessary to recapitulate the factual aspect as stated hereunder: Plaintiff filed Title Suit No. 189 of 1979 in representative capacity under Order 1, Rule 8, CPC for a declaration of customary right of the villagers over the suit land as described in the schedule of the plaint, for permanent injunction restraining the defendants from interfering in the exercise of their such right and for a declaration that the sale deed in respect of the suit land which stands in the names of the defendants is illegal and inoperative.3. Defendants 1 and 2 countered the plaintiff's claim of customary right and asserted that the suit land originally belonged to the ex-landlords Q...
Tag this Judgment!Tapas Kumar Rath Vs. Harekrushna Pradhan
Court: Orissa
Decided on: Nov-26-1996
Reported in: 1997(I)OLR84
Dipak Misra, J.1. The petitioner calls in question legality of the order passed by the learned SDJM, Udala refusing to take cognizance in respect of the offences against the sole accused on the ground of absence of sanction as envisaged under Section 197(1) of the Code of Criminal Procedure (in short, 'the Code') in 1. C. C. No. 38/1996.2. The facts as uncurtained are that the petitioner as complainant set the criminal action into motion by instituting the aforesaid complaint case for the offences under Sections. 323. 294, 341 and 220, IPC. The allegations, as depicted are that the opposite party, the O.I.C., Khunta Police station was involved in a vigilance case wherein the present petitioner was a witness for which he was pressurised time and again not to depose against the said 0. I. C. Having failed in his attempt, the O. I. C. on 10-4-1996 at about 8 a. m. arrested the petitioner on the strength of a non-bailable warrant issued in Criminal Misc. Case No. 65/94 and detained him in ...
Tag this Judgment!Prafulla Kumar Routray and ors. Vs. Commissioner of Consolidation and ...
Court: Orissa
Decided on: Nov-22-1996
Reported in: 1997(I)OLR138
1. The writ petitioners have claimed that they were the permanent lessees under the ex-Proprietor and as such they were entitled to be recognised as tenants under the State Government on and from the vesting of the Estate under the provisions of Orissa Estates Abolition Act. It has been alleged that the opp. party No. 3 on the basis of an illegal vesting order was making attempts to dispossess the petitioners from the disputed lands. The petitioners thereafter filed Title Suit Nos. 212 and 213 of 1977 in the Court of Second Munsif. Cuttack for declaration of their title and permanent injunction. By judgment and decree dated August 5, 1989 the learned Munsif declared the vesting order as invalid and restrained the opp. party No. 3 from coming to the disputed lands. After ' such decree consolidation under the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act. 1972 (hereinafter referred to as the 'Consolidation Act') was started in the locality...
Tag this Judgment!Chintamani Padhi Vs. Uco Bank and ors.
Court: Orissa
Decided on: Nov-20-1996
Reported in: 83(1997)CLT693; (1997)IILLJ874Ori; 1997(I)OLR344
S. Chatterji, J.1. The present writ petitioner, Chintamani Padhi, has tiled this writ petition against the Chairman and Managing Director of United Commercial Bank and other officers praying inter alia:'...(i) With the order dated June 19, 1993 vide Annexure-1 and hold that the petitioner continued in service and the suspension order dated August 28, 1978 is invalid and inoperative.(ii) Issue a direction to the opposite parties to revoke the order dated May 19, 1993 (Annexure-1) so far it related to suspension of the petitioner.(iii) Direct the opposite parties to pay full salary and allowances to the petitioner for the entire period of his suspension/dismissal till his reinstatement and hold that the petitioner is entitled to the same.(iv) Declare that the petitioner is entitled to be treated as on duty during the entire period of his suspension till his reinstatement...'2. The facts of the case as it transpires from the: materials on record are that the petitioner while serving as As...
Tag this Judgment!Ashwani Kumar Chatterjee Vs. Jhostchnarani Chatterjee and ors.
Court: Orissa
Decided on: Nov-20-1996
Reported in: 1997(1)ALT(Cri)19; 1997CriLJ3253; I(1997)DMC476
Dipak Misra, J.1. Grant of maintenance to the wife and the children in a proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') by the Subdivisional Judicial Magistrate, Puri in Criminal Misc. Case No. 335 of 1993 is the subject matter of challenge in the present revision.2. The factual matrix as unfolded is that the opposite party No. 1, the wife of the present petitioner, along with three daughters, opposite parties 2 to 4 herein filed an application under Section 125 of the Code claiming maintenance of Rs. 500/- for herself and Rs. 200/- for each of the children per month. According to the wife-opposite party No. 1, her marriage with the present petitioner was solemnised on 9.7.1972 and three daughters and one son were born in their wedlock. The husband who has been working as a 'Bill Issuer' in Utkal Express has developed illicit relationship with his sister-in-law (wife's sister) and she objected to the same and requested him to mend...
Tag this Judgment!Rabindra Kumar Mallick Vs. Panchanan Kanungo and ors.
Court: Orissa
Decided on: Nov-20-1996
Reported in: 1998(II)OLR214
P.K. Misra, J. 1. Having been vanquished in the Eleventh General Assembly Election to the Legislative Assembly in the State of Orissa from 42-Govindpur Assembly Constituency, by a mere 85 votes, the petitioner has filed this election petition challenging the election of respondent No. 1 and seeking for a relief that he himself should be declared to have been elected.2. The election took place on 9.3.1995 and the counting took place in Ravenshaw Collegiate School on 11.3.1995 and 12.3.1995. The petitioner who was contesting as a candidate of Indian National Congress secured 55,936 votes, whereas respondent No. 1 who was contesting as a candidate of Janata Dal secured 56,021. The petitioner alleges that the result of the election has been materially affected by the improper acceptance of invalid votes which have been counted in favour of respondent No. 1 and improper rejection of valid votes which should have been counted in favour of the petitioner. It is alleged by the petitioner that ...
Tag this Judgment!Nigamananda Patra and ors. Vs. Sarat Chandra Patra and ors.
Court: Orissa
Decided on: Nov-18-1996
Reported in: AIR1998Ori19
Dipak Misra, J.1. Defendants Nos. 3(a) and 4 originally were appellants against an affirming judgment in a suit for specific performance of contract and in the alternative for recovery of possession. During pendency of the appeal, dueto death of defendant No. 4 (appellant No. 2) his legal representatives being substituted have prosecuted the present appeal.2. The case of the plaintiffs is that they are the owners- of 'B' schedule property measuring Ac. 1.45 decimals and the defendants are, the owners of 'A' schedule property measuring Ac.0.34 decimals. As shown in the plaint genealogy the defendants are the descendants of a common ancestor. Defendant No. 1 represents one branch, defendant No. 2 the second and defendants Nos. 3 and 4, the third branch. In the year 1971, the defendants approached the plaintiffs to give them 'B' schedule properties in exchange of 'A' schedule properties. The plaintiffs agreed and an oral contract was effected on 24-8-71.In part performance of the contract...
Tag this Judgment!Abhaya Jena and anr. Vs. State
Court: Orissa
Decided on: Nov-18-1996
Reported in: 1997(2)ALT(Cri)7; 84(1997)CLT96; 1997(I)OLR26
C.R. Pal, J.1. The appellants assail the order of conviction and sentence dated 2-4-1993 passed by the Additional Sessions Judge, Parlakhemundi in Sessions Trial Case No. 11 of of 1992 i, e. Sessions Trial No. 5/92 GDC where in each of the appellants has been convicted under Sections 366 and 506, IPC and has been sentenced under Section 366 to undergo R. I. for tan years. No separate sentence has been passed under Section 506, IPC. 2. The case against the appellants is that on 15-3-1991 while Manjula Pani, the victim girl (PW 3) along with Nandana Bebarta (PW 4) were returning from jungle carrying fire-wood those appellants appeared before them and caught hold of PW 3, she requested them to leave her stating that her marriage has already been settled at Berhampur. The appellants did not listen to her request and dragged her. In the process of dragging appellant No. 1 tore her blouse. When her companions tried to rescue her the appellants threatened them to kill showing a knife. They al...
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