Orissa Court March 1996 Judgments
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Golaka Chandra Nayak Vs. Gobinda Nayak and ors.
Court: Orissa
Decided on: Mar-18-1996
Reported in: AIR1996Ori189; 82(1996)CLT205
P.K. Misra, J.1. Plaintiff is the appellant against a reversing decision,2. Title Suit No. 121 of 1974 was filed in the Court of the Munsif, Kendrapara, seeking for a declaration that the sale deed dated 28-7-1938 (Ext. 2) in favour of defendant No. 22 and sale deed dated 20-1-1939 (Ext. C) in favour of Nityananda, the predecessor-in-interest of defendants 1, 2 and 3, executed by Rajan Bewa, are invalid and inoperative and for declaration of plaintiff's title in respect of Schedule B and C properties; recovery of possession of the Schedule B and C properties if the plaintiff is found to have been dispossessed therefrom and permanent injunction restraining defendants 1, 2 and 22 from interfering with the possession of the plaintiff.A long genealogy has been appended as Schedule A to the plaint. Though initiallythere was some dispute regarding the correctness of the genealogy, at the time of trial as well as in the first appellate Court, the said genealogy has been accepted to be correct...
Lata Bewa and ors. Vs. Bhuyan Jena and ors.
Court: Orissa
Decided on: Mar-15-1996
Reported in: I(1997)DMC46; 1996(I)OLR545
P.K. Misra, J.1. Defendants in a suit for partition have filed this appeal challenging the judgment of the Subordinate Judge, Deogarh, passing a preliminary decree for partition and giving half-share jointly to the plaintiffs.2. Lenti, the recorded owner, had two sons/namely Bhuban and Khaga. The dispute in this appeal is confined to the branch of Bhuban. Bhuban had three sons, namely Diga, Daya and Jhara. All of them are dead. Diga's son and two daughters are the plaintiffs. Lata (defendant No. 1) was the widow of Daya. Jhara, the third son of Bhuban left behind his widow Ichha (defendant No. 2) and daughter Parbati (defendant No. 3). According to the plaintiffs, in a partition in the year 1930-31, the disputed property representing the half interest of Bhuban, fell to the share of the three brothers, namely Diga, Daya and Jhara. Daya died in 1938 and it is alleged that sometime thereafter Lata re-married Jhara and as such was divested of her interest in the property. It is the furthe...
Amareswar SwaIn Vs. Jagabandhu SwaIn and ors.
Court: Orissa
Decided on: Mar-14-1996
Reported in: 1996(I)OLR479
A. Pasayat, J. 1. An interesting question, though simple in its appearance but deceptive in nature, relating to scope and ambit of Order 6, Rule 18 of the Code of Civil Procedure, 1908 (in short, the Code') falls for consideration in this writ application.2. The factual position is undisputed and, therefore, a brief reference to it would suffice.Petitioner is the plaintiff in Title Suit No. 163 of 1984 pending before the learned Civil Judge (Senior Division), Jagatsinghpur. During pendency of the suit, an application under Order 6, Rule 17 of the Code was filed on 28-7-1993 for amendment of the plaint. Prayer was made to delete paragraph 4 (a) of the plaint and to make certain other changes. Opp. party Nos. 1 to 12 are defendants in the suit. They filed objection to the prayer for amendment on 21-12-1993. however, the learned Civil Judge accepted the prayer for amendment subject to payment of Rs. 100/- as cost which was paid on 24-11-1994, and the suit was posted to 7-12-1994 for filin...
Upendra Mohanto and anr. Vs. Champa Bewa and ors.
Court: Orissa
Decided on: Mar-13-1996
Reported in: 81(1996)CLT731; 1996(I)OLR398
P.K. Misra, J.1. Plaintiff-respondent No. 1 had filed Title Suit No. 18/76 claiming one-fourth share and allotment of 'Una' Schedule property and damages of Rs. 700/- towards prices of buffalo and calf from defendants 1, 5 and 6. The trial Court while negativing the claim for partition and damages has declared that the sale deed dated 1-3-1974 (Ext. C) executed by the plaintiff in favour of defendants 5 and 6 was invalid and not binding on her. The aforesaid Judgment and direction of the trial Court are underchallenge at the instance of defendants 5 and 6.2. The undisputed genealogy relating to the parties is extracted hereunder:Late Bisu Mohanta/Raibu Mohanta=Late Sukha = Subodhini(1st, wife) (2nd wife)/ (D-1)--------------/ / /Champa Saradha FulaPlaff.) (D-2) (D-3)Defendant No. 4 is the son of defendant No. 1 through her 1st husband late Bira Mohanta, Defendant No. 7 is the son of the plaintiff through her 1st husband late Thela Mohanta. Defendants 5 and 6, the sons of late Daitary M...
Abani Bhusan Jena, President of the Students' Union of S.C.B. Medical ...
Court: Orissa
Decided on: Mar-12-1996
Reported in: 82(1996)CLT697; 1996(I)OLR382
A. Pasayat, J.1. This writ petition was registered on the basis of a letter received from the President, General Secretary of the Students' Union and some students of S. C. B. Medical College and Hospital, Cuttack (in short, 'the College'), and House Surgeons of the College. Grievances have been made about the unhealthy condition prevailing in the College Campus (hereinafter referred to as 'the Campus'). The grievances can be pigeonhold into the following categories :(i) Mushroom growth of unauthorised constructions and encroachments inside the campus :(ii) Free access to the different wards of Hospital by anti-socials; and(iii) Criminal activities inside the campus.2. Before we take up the grievances highlighted, a few basic facts need to be noticed. Life as embodied in Article 21 of the Constitution does not mean a mere animal existence. It has to mean a life befitting human dignity. Health of any person is an integral facet of his right to life. Article 25(2) of the Universal Declar...
State of Orissa and anr. Vs. United Commercial Company, Engineers and ...
Court: Orissa
Decided on: Mar-11-1996
Reported in: AIR1996Ori217; 1996(I)OLR437
P.K. Misra, J.1. This is an appeal under Section 39 of the Arbitration Act (hereinafter referred to as the 'Act').2. The Arbitration Tribunal passed an award on 13-2-1990 directing the State to pay an amount of Rs. 52,413/- and to release the EMD and ISD amounting to Rs. 8,160/- in full and final settlement of all the claims arising out of the dispute relating to Agreement No. 140 P2 of 1970-71 of Ganjam R. & B. Division concerning construction of H. L. Bridge over Khari Nalla on N.H. 5, Chhatrapur bye-pass in the district of Ganjam in Arbitration Case No. 138C/83. The award was challenged by the claimant-respondent as well as by the State. The State filed Misc. Case No. 185 of 1992 questioning the correctness of award in respect of Claim Item Nos. 11, 14-A and 15. The claimant filed Misc. Case No. 395 of 1992 challenging the rejection of Claim Item Nos. 1 to 10, 13 and 19 by the Arbitration Tribunal. Claimant had also contended that the Arbitration Tribunal should have awarded interes...
Divisional Manager, National Insurance Co. Ltd. Vs. Pabitra Parida and ...
Court: Orissa
Decided on: Mar-11-1996
Reported in: 82(1996)CLT134; (1996)IILLJ1204Ori
A. Pasayat, J.1. National Insurance Company Limited (hereinafter referred to as 'the insurer') calls in question legality of award made in favour of Pabitra Parida hereinafter referred to as 'the claimant') on adjudication of a claim petition made under the Workmen's Compensation Act, 1923 (in short, 'the Act') by the Assistant Labour Commissioner -cum - Commissioner for Workmen's Compensation, Cuttack (hereinafter referred to as the Commissioner). A sum of Rs. 65,541/- was awarded to the claimant for injuries alleged to have been sustained by him on April 20, 1989.2. The claimant's case as reflected in the claim petition essentially is as follows:In an accident he sustained injuries in course of and out of employment as driver of the vehicle bearing registration No. O.I.C 2902 belonging to Sital Kumar Mohanty (hereinafter referred to as 'the owner'). He has become permanently disabled and unemployed as a result of the injuries sustained. He had to undergo prolonged treatment in the S....
Babaji Dehuri and ors. Vs. Biranchi Ananta and ors.
Court: Orissa
Decided on: Mar-08-1996
Reported in: 1996(I)OLR451
P.K. Misra, J.1. Some of the defendants are the appellants against the affirming appellate decision. Plaintiffs-respondents 1 and 2 had filed the suit for declaration of title, confirmation of possession, or in the alternative, recovery of possession in respect of the disputed land as described in plaint 'Ka' Schedule and for permanent injunction restraining the defendants from entering upon the disputed land.2. Briefly stated, the case of the plaintiffs is as follows: The disputed 'Ka' schedule land originally belonged to Radhu Dehury (defendant No. 1), The plaintiffs purchased the said land in the year 1977 under a registered sale deed and remained in possession, Subsequently, the plaintiffs purchased another piece of land adjacent to the disputed land in the year 1980. In the year 1981, they learnt that the plot number and khata number as indicated in the sale deed in respect of the disputed land were not correct, Thereafter the plaintiffs sent notice to defendant No. 1 to rectify t...
Subash Chandra Pale Vs. Revenue Divisional Commissioner and ors.
Court: Orissa
Decided on: Mar-08-1996
Reported in: 82(1996)CLT184; 1996(I)OLR413
A. Pasayat, J.1. Petitioner calls in question legality of orders passed by authorities functioning under Orissa Cinema Regulation Act, 1954 (hereinafter referred to as 'the Act') and Orissa Cinema Regulation Rules, 1964 (in short 'the Rules').2. Backdrop in which the writ application has been filed is essentially as follows :Petitioner was granted licence No. 2 of 1992 to run a video hall. By notices dated 2-8-1994 and 2-9-1994, petitioner was required to show cause as to why his licence shall not be revoked/cancelled. Petitioner submitted his replies. The District Magistrate, Khondmal (O. P. No. 2) on the basis of a report purported to have been given by the Sub-Collector, Balliguda, did not accept prayer for renewal. An appeal was filed before the Revenue Divisional Commissioner (S. D.), Orissa, Berhampur (in short the 'R. D. C') who remanded the matter to the District Magistrate to pass a reasoned order after grant of opportunity to the petitioner. After re-hearing, District Magistr...
Gaya Badtya Vs. Banchanidhi Badtya and anr.
Court: Orissa
Decided on: Mar-08-1996
Reported in: 1996CriLJ2748
ORDERDipak Misra, J.1. In this application under Section 401 of the Code of Criminal Procedure, the petitioner impugns the judgment passed by the learned First Additional Sessions Judge, Ganjam at Barhampur in Criminal Appeal No. 64/93 setting aside the judgment of conviction passed by the learned Judicial Magistrate, First Class, Aska, in ICC Case No. 56/87 wherein the accused persons-opposite parties were convicted for offences under Section 325/34 IPC and sentenced to undergo R.I. for six months each. 2. The accusations that led to the trial of the opposite parties may be stated as follows:The case of the complainant before the learned Magistrate is that the complainant and the accused persons belong to village Dongapadar. The complainant Gaya Badtya has a thrashing floor known as Kamarapadar and on the date of occurrence hay was stored (sic) thereon. On 10-3-1987 at about 3 p.m. ' both the accused persons accompanied by two others, namely, Nira and Rabi came to the thrashing floor ...
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