Orissa Court August 1996 Judgments
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Lalit Mohan Guru and ors. Vs. Laxminarayan Guru and ors.
Court: Orissa
Decided on: Aug-21-1996
Reported in: 1996(II)OLR435
P. Ray, J. 1. By order dated March 8, 1995 this Court directed to issue notice on the question of admission. In response to the said notice plaintiff-opp. party No. 1 has appeared through Mr. S. N. Sinha, learned Advocate. In spite of service of notice opp. party No. 2 has not appeared. This revision is taken up for final disposal at the stage of admission.2. Present Civil Revision is directed against an order dated January 20, 1996 passed by the Civil Judge, (Senior Division), Sambalpur rejecting an application filed by the present petitioners under Section 138 of the Evidence Act praying for re-examination of defendants' witness No. 7.3. Plaintiff-opp. party No. 1 filed Title Suit No. 24 of 1990 for partition. The present petitioners, who are defendants 1, 3 and 4 in the suit, are contesting the suit claiming that the suit houses were bequeathed in favour of the petitioners 2 and 3 by Manbodh Guru and Sabitri Guru. One Kunu Seth, one of the attesting witnesses to the disputed wills, ...
Suresh Kumar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-21-1996
Reported in: 1997CriLJ462
P.K. Misra, J.1. The appellant assails the order of conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and sentence of ten years' rigorous imprisonment and fine of rupees one lakh, in default, to undergo further rigorous imprisonment for two years, passed by the Additional Sessions Judge, Bhubaneswar, in Sessions Trial No. 20/251 of 1992.2. Shorn of unnecessary details, the prosecution case is as follows: On 7-10-1992 at about 7.30 p.m., Shri U. K. Mallik, S. I. of Police of Capital Police Station, was on special petrol duty along with other officials. Information was received from reliable source that a person named Suresh was selling brown sugar near a 'Jhumpudi' hotel in front of Bank Colony, Unit-IV. After getting information, it is alleged that the S. J. of Police sent a requisition to the Sub-Collector, Bhubaneswar, to depute an Executive Magistrate and accordingly Executive Magistrate Shri A. C. Behor...
Dauda Sana Majhi Vs. State
Court: Orissa
Decided on: Aug-20-1996
Reported in: 1996(II)OLR514
Dipak Misra, J.1. The petitioner having been convicted under Section 25(1B)(a) of the Arms Act, 1959 (in short, 'the Act') and sentenced to undergo imprisonment for one year and to pay a fine of Rs. 100/-, in default, to undergo rigorous imprisonment for one month more, and the conviction and sentence having been confirmed in appeal, has invoked the revisional jurisdiction of this Court for redressal of his grievance.2. In a nut-shell the prosecution case is that on 8-12-1987 at 8 a. m. the O. I. C. of Kotagarh Police Station alongwith his staff conducted raid in village Padalpadar and recovered one country made S. N. M. L. gun from the house of the accused. On demand the accused could not produce any licence to justify his possession of the gun and accordingly an FIR was drawn up under Section 25(1)(a) of the Act for unlawful possession of the gun in question and ultimately charge-sheet was submitted. Subsequently, the accused faced trial for the offence under Section 25(1B)(a) of the...
Lundu Roudia Vs. Dusman Roudia
Court: Orissa
Decided on: Aug-19-1996
Reported in: 1996(II)OLR355
Pradipta Ray, J. 1. Defendant No. 1-petitioner has filed this application Under Section 115 of the Civil Procedure Code (in short 'CPC') challenging the order dated September 4, 1993 passed by the District Judge, Sundargarh in Misc. Appeal No. 3 of 1992 dismissing the petitioner's appeal against an order passed by the trial Court rejecting his application under Order 9, Rule 13, CPC.2. The plaintiffs filed Title Suit No. 76 of 1986 in the Court of the Subordinate Judge, Sundargarh (at present designated as Civil Judge, Senior Division). On October 4,1988 defendant No. 1 petitioner filed an application praying for time to file written statement. Said application was rejected, and the suit was set ex parte and posted to November 3, 1988 for hearing. On November 3, 1988 the case was posted to December 2, 1988 and ultimately on December 3, 1988 an ex parte decree was passed. On January 16, 1989 the present petitioner filed an application under Order 9, Rule 13, CPC. An application for cond...
Orissa State Electricity Board and ors. Vs. Kedar Charan Lenka
Court: Orissa
Decided on: Aug-16-1996
Reported in: II(1996)ACC662; 1997ACJ869; (1997)IILLJ1058Ori; 1996(II)OLR332
A. Pasayat, J.1. In this appeal under Sec. 30 of the Workmen'sCompensation Act, 1923 (in short, 'the Act'),Orissa State Electricity Board {in short, the Board')and its functionaries call in question legality ofaward made by the Commissioner, for Workmen'scompensation cum. Assistant Labour Commissioner, Cuttack (in short, 'the Commissioner')awarding Compensation of Rs. 40,770/- toKedar Charan Lenka (hereinafter referred to as'the claimant').2. The award came to be made on the following background: Claimant filed a claim application under the Act claiming compensation of Rs.60.000/-for allegedly having sustained injuries in an accident while on his duty. While he was performing his duty of repairing the electric lines at Kundai under Kotapada section on August 12,1993, he met with accident and sustained injuries arising out of and in course of his employment. It was accepted by the Board and its functionaries that the claimant was an employee and had met with an accident on August 12,199...
Karunakar Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Aug-16-1996
Reported in: 1996(II)OLR420
A. Pasayat, J.1. Legality of conviction for commission of offences punishable under Section 5(1)(c) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (in short, 'the Act') and under Section 409 of the Indian Penal Code, 1860 (in short. 'IPC'), and sentences of rigorous imprisonment of three years on each count, imposed is the subject-matter of challenge in this appeal by appellant Karunakar Pradhan (hereinafter referred to as 'the accused'), who was found guilty by the learned Special Judge (Vigilance), Sambalpur and sentenced as aforesaid.2. Accusations which led to the trial and conviction of the accused essentially are as follows : Forest Department of the State collects Kendu leaves, and after processing and bundling, those are stored in the Central Godown. Thereafter they are handed over to the Orissa Forest Corporation (in short, 'the Corporation') which takes care of the same and puts them to auction. 115/5 lots were stored in Srirampur Central Godown out of whic...
Santosh Kumar Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-14-1996
Reported in: 1996(II)OLR323
R.K. Patra, J. 1. The petitioner in this writ application prays for a direction to validate his service as trained intermediate teacher from the date of his initial appointment and to grant all pecuniary benefits by treating the break periods as in service.2. Briefly stated, the petitioner's case is that he came to be appointed as Assistant Teacher in K. C. High School, Berhampur, on 21-9-1981 against a vacancy in the additional section (Class-VIII (B) ). The Inspector of Schools, Ganjam Circle, Berhampur (opp. party No. 3) approved the said appoinment. The petitioner continued till 20-3-1982 against the said post. The Managing Committee later allowed him to continue against the vacancy in additional section (VII-B) on ad hoc basis. The Managing Committee of the School appointed the petitioner on ed hoc basis from time to time in sppells of 89 days and those appointments were being approved by the Inspector of Schools. Although the petitioner was a B.A.B.Ed. at the time of his initial ...
Kanhu Charan Sethy and 4 ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-13-1996
Reported in: 1996CriLJ4236; 1996(II)OLR362
P.K. Misra, J. 1. The accused persons have filed this application Under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') for quashing G. R. Case No. 101 of 1996 arising out of ICC Case No. 30 of 1996 now pending in the file of the Sub-Divisional Judicial Magistrate. Anandapur.2. Briefly stated, the facts giving rise to the present application are as follows :Complainant. Rabindra Sethi filed ICC Case No. 30 of 1996 in the Court of the Sub-Divisional Judicial Magistrate, Anandapur, against the present petitioners alleging commission of offences Under Sections 294/ 341/395/323/34, Indian Penal Code (hereinafter referred to as the 'IPC'). On 20-3-1996. the date on which the complaint was filed, the SDJM passed the following order: 'One Rabindra Sethy files a complaint petition - Under Sections 294/341/395/323/34, IPC against the accused K. C. Sethy and four others. Register the case. Advocate N. R. Panda, A. Pattanaik and R. Barik filed power in favour...
Bidya Mahananda (Dead), After Him His Legal Representatives Bahadur Ma ...
Court: Orissa
Decided on: Aug-13-1996
Reported in: 1996(II)OLR465
P.K. Mohanty, J. 1. The petitioners have challenged the orders under Section 23-A of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act') passed by Special Officer, Land Reforms, Sambalpur in O.L.R. Revision No. 4/9 of 1980 under Annexure-3 and the order of the Revenue Officer, Titilagarh in O.L.R. Case No. 8/A-55/73 under Annexure-1 of the writ application.2. The short facts of the petitioners' case are that the petitioners alongwith opp. party No, 3 and their brother Laxmidhar Mahananda, since dead, purchased the disputed property from opp. party No. 2 by a Regd. Sale Deed dated 29-2-1964 for a consideration of Rs. 900/-and remained in peaceful possession thereof since then.3. On the, basis of an application filed by opp. party No. 1, the son of opp. party No. 2, a proceeding under Section 23-A of the Act was registered and by order dated 21-10-1978, the Revenue Officer, Titilagarh directed that the possession should be restored in favour of the recorded tenants o...
Chloride India Ltd. Vs. District of Judge, Puri and Two ors.
Court: Orissa
Decided on: Aug-12-1996
Reported in: AIR1997Ori135; 84(1997)CLT46
D.M. Patnaik, J.1. This writ petition is disposed at the admission stage.2. The petitioner, a lenant under opposite party No. 3, assails order of the executing Court in allowing the landlord's amendment in respect of Column 7 of the execution petition giving out better particulars of the premises in question and secondly, the rejection of the petition under Section 47, C.P.C. of the petitioner, as well as the revisional order of the District Judge, Puri in Civil Revision No. 95 of 1993 arising out of the question of amendment and Civil Revision No. 77 of 1993 arising out of dismissal of the petition under Section 47, C.P.C.3. Admittedly, the opposite party-landlord put into execution the decree for eviction of the petitioner in Execution Case No. 23 of 1991 in respect of the suit premises described in detail in the petition of the House Rent Case No. 5 of 1987 after the petitioner tenant lost the case in all the forums including the Supreme Court vide Special Leave Petition (Civil) No....
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