Orissa Court March 1996 Judgments
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State of Orissa Vs. Bhanu Mali (Dead) Nurpa Bewa and ors.
Court: Orissa
Decided on: Mar-29-1996
Reported in: 1996(I)OLR460
P.K. Misra, J. 1. Defendant is the appellant against a confirming judgment in a suit for declaration of title, confirmation, or in the alternative, recovery of possession.2. The plaintiffs' case is as follows : The plaintiffs are the descendants of Shiva Mali. The disputed land measuring Ac.3.02 decimals consisting of five plots as described in the plaint schedule is a part of Current Settlement Khata No. 84 of the year 1955-56. Khata No. 84 pleasuring Ac. 12.58 decimals was recorded in the names of three sons ofShiva Mali, namely Bhanu Mali (plaintiff No. 1), Kanhu Mali and Tila Mali (plaintiff No. 4). Plaintiffs 2 and 3 being the daughters of Kanhu Mali are his successors. During 1970-71, the Tehsildar, Dharamgarh, initiated Encroachment case No. 192/-70-71 against original plaintiff No. 1 alone in respect of plot Nos. 210 and 214, which are part of the disputed land. Plaintiff No. 1 on enquiry, discovered that the disputed lands have been deleted from original Khata No. 84 and were ...
District Transport Manager (Admn.), Orissa State Road Transport Corpor ...
Court: Orissa
Decided on: Mar-29-1996
Reported in: 1996(I)OLR526
S. Chatterji, A.C.J. 1. Human hunger has no words to be described. But this case is a glaring example where hunger has generated anger. The peculiar facts of the present case, as brought before us, are that the impugned award was made by the Industrial Tribunal in a proceeding under Section 33 of the Industrial Disputes Act directing reinstatement with back wages of one Dharanidhar Singh, ex-Conductor, Orissa State Road Transport Corporation, Cuttack. Since the award was not implemented, the workman file a writ petition before this Court being OJC No. 6059 of 1992 on 26-8-1992, The same-was disposed of by the Division Bench presided by the Acting Chief Justice G. T. Nanavati and Justice P. C. Misra (as their Lordships then were) by holding that there is nothing to show that the award has been challenged by the management, opp. party No. 2. Though power has been filed, yet no counter-affidavit has been filed, nor any material produced before the Court to show that for some valid reason ...
Jyotirmayee Naik Vs. Superintendent, S.C.B. Medical College Hospital a ...
Court: Orissa
Decided on: Mar-29-1996
Reported in: 1996(I)OLR561
R.K. Patra, J. 1. The petitioner in this application under Articles 226 and 227 of the Constitution of India impugns the validity of the order No. 17 dated 15-1-1996 (Annexore-3) of the Superintendent, S. C. B. Medical College Hospital. Cuttack removing her from the General Nursing and Midwifery Training Course.2. The facts as averred in the application may be briefly stated :The petitioner on being selected for the General Nursing and Midwifery Training Course attached to the S. C. B. Medical College Hospital, Cuttack took admission in the academic session 1994-95 and was a second year (Nursing) student at the material time. On 5-7-1995 she was allotted duty in the Unit I Medicine Ward of the hospital. By that time one Sudhir Kumar Singh, a Post Graduate student of Utkal University (Vani Vihar) was in bed No. 162 of the said Ward who had an attack of Cerebral Malaria. While attending to bed No. 162, she found from the medicine chart that three injections/ viz. Benitim, Epsoline and Ru...
Ramesh Prasad Bhanja and ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-29-1996
Reported in: 1996CriLJ2743
ORDERP.K. Misra, J.1. This is an application under Section 438 of the Code of Criminal Procedure. Petitioner No. 2 is the wife of petitioner No. 1 and petitioner No. 3 is their son. The three petitioners apprehend that they may be arrested in connection with Phulbani Town P.S. Case No. 20 of 1996 which has been registered under Section 498A/34, Indian Penal Code and under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act'). The said case has been registered on the basis of a First Information Report lodged by one Tunilate Bhanja who has alleged in the F.I.R. that she is the wife of petitioner No. 3. It is alleged in the F.I.R. that the parents of petitioner No. 3 have got the latter married to another lady on 8-2-1996 in Puri Temple presumably because the informant is a lady belonging to lower caste (Ajati). It is further alleged that because of the said marriage, her husband (petitioner no. 3) is no...
Purusottam Mahakud Vs. Smt. Annapurna Mahakud and anr.
Court: Orissa
Decided on: Mar-27-1996
Reported in: AIR1997Ori63
ORDERC.R. Pal, J.1. The petitioner calls in question the legality of the order dated 29-6-1995, passed by the learned District Judge, Keonjhar in Title Appeal No. 25 of 1994 allowing interim maintenance in favour of the opposite party. The relevant facts of the case are as follows :2. Smt. Annapurna Mahakud, the opposite party before this Court brought Title Suit No. 72 of 1992 in the Court of Civil Judge (Senior Division) Keonjhar against her husband, the present petitioner, for realisation of a sum of Rs. 43,000/- towards arrear maintenance and cost of construction of a separate residence claiming maintenance at the rate of Rs. 500/- per month. The defendant while admitting the marriage challenged the claim of maintenance contending that the opposite party voluntarily left the marital home and refused to come and stay with the petitioner without just cause. The learned Civil Judge after hearing both the sides found that there was no ill-treatment to the plaintiff by the defendant and...
Khagapati Gouda Vs. the State
Court: Orissa
Decided on: Mar-27-1996
Reported in: 1996CriLJ2741
R.K. Patra, J.1. Appellant Khagapati Gouda along with one Siba Bhotra was indicted in the Court of Sessions Judge, Koraput under Section 302 read with Section 34 IPC for having committed the murder of Sukru Gouda. The learned Sessions Judge acquitted Siba Bhotra of the charge on benefit of doubt. The appellant, however, has been found guilty and has been convicted under Section 302 IPC simpliciter. He has been sentenced to undergo imprisonment for life. In this appeal, the said conviction and sentence are under challenge.2. Briefly stated the prosecution case is that the appellant was the nephew of the deceased Sukru Gouda who was issueless. He brought the appellant to his house at Marijaniguda and kept him as his son since about one year prior to his murder. The appellant used to quarrel with the deceased as the latter did not gi ve any land to him. The other accused Siba Bhotra is a friend of the appellant. On 4-11 1991 in the morning the appellant and the co-accused Siba Bhotra took...
Gaura Naik Vs. Arjun Charan Dash and ors.
Court: Orissa
Decided on: Mar-26-1996
Reported in: AIR1996Ori180
P.K. Misra, J.1. Defendant is the appellant against a reversing decision, Daitari Dash, the original plaintiff, had filed Title Suit No. 23 of 1979 in the Court of the Munsif, Keonjhar, for declaration of title,confirmation of possession, or in the alternative, recovery of possession and permanent injunction. The disputed property has been described in Schedules A, A-1 and A-2 of the plaint.2. According to the plaintiff, properties described in Schedules A, A-1 and A-2 were being enjoyed by Dukhia Naik, Suban Naik and Sikhar Naik respectively as Chandana Raiyats under Brahmin landlords of the village and were recorded as such in 1914 Settlement. Subsequently, however, Dukhia Naik and Suban Naik abandoned the lands and left the village, Ourgadeipur. The plaintiff, who claims to be one of the co-sharer-landlords, occupied Schedule A land and other portion measuring Ac. 0.04 decimals of land of Dukhia was given to Mangulu Naik and Sapana Naik, as they were the field servants. Similarly, t...
Dayanidhi Tripathy Alias Mahamaya Brahmachari Vs. Shri Surendranath Sw ...
Court: Orissa
Decided on: Mar-26-1996
Reported in: 1996(I)OLR510
S. Chatterji, A.C.J. 1. The petitioner, Dayanidhi Tripathy alias Mahamaya Brahmachari of Meria Bazar, Cuttack, has come to this Court praying. Inter alis, to initiate a proceeding under the Contempt of Courts Act and to take suitable action under Section 12 thereof and for imposition of punishment or penalty as against the opp. parties for not taking effective steps to execute the N. B. Ws. in respect of the accused person's in ICC No. 177/92 pending in the Court of the Sub-Divisional Judicial Magistrate, Sadar, Cuttack.2. Notice was issued on 13-9-1995 and affidavits have been filed. The question of maintainability has been considered by this Court. Our attention has been drawn to a decision reported in AIR 1954 SC 186 : Sukhdev Singh v. Hon'ble C. J. S. Teja Singh and the Hon'ble Judge of the Punjab High Court at Patiala. In the aforesaid case, the nature of jurisdiction to punish for contempt under Article 215 of the Constitution of India and the scope of the contempt proceeding bef...
Khirod Ch. Sahu and ors. Vs. Executive Magistrate and ors.
Court: Orissa
Decided on: Mar-22-1996
Reported in: 1996CriLJ3112
ORDERP.K. Misra, J.1 The first party members are the petitioners. They have challenged the notice dated 22-1-1996 issued by the Executive Magistrate, Cuttack, relating to initiation of a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') numbered as Criminal Misc. Case No. 71 of 1996.2. Prior to initiation of the present proceeding under Section 144, the very same Executive Magistrate had initiated Criminal Misc. Case No. 1131 of 1995 under Section 144 of the Code in respect of the very same property wherein an order was passed on 9-1-1996 finally restraining both the sides. Subsequently, in the very same case, order was passed on 15-1-1996 rescinding a part of the final order dated 9-1-1996 which was challenged in Criminal Revision No. 17 of 1996, which has been disposed of by me today. The order in Criminal Misc. Case No. 1131 of 1995 was to expire on 23-1-1996, as observed by the Executive Magistrate himself in order dated 9-1-1996...
Narendra Prasad Sahu Vs. the Orissa Sales Tax Tribunal and ors.
Court: Orissa
Decided on: Mar-19-1996
Reported in: 81(1996)CLT793; 1996(I)OLR447
A. Pasayat, J. 1. Petitioner calls in question legality of order passed by Division Bench of Orissa Sales Tax Tribunal (in short, the 'Tribunal') holding that it has no power to restore an appeal decided ex parte on merits. The appeal in question is S. A. No. 1120/88-89.2. The undisputed factual position is as follows :The appeal was posted to 30-6-1994 for hearing and was disposed of ex parte in the absence of the present petitioner who was respondent in the appeal filed by the State. Petitioner filed an application for restoration of appeal on 17--11-1994, stating that on account of unavoidable difficulties, there was non-appearance. The Tribunal as indicated rejected the application on the ground that there is no provision fn the Orissa Sales Tax Act, 1947 in short, the 'Act') and Orissa Sales Tax Rules, 1947 (in short, the 'Rules') permitting restoration of a Second Appeal disposed of in the absence of respondent, on merits. It was observed that no decision either of this Court or ...
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