Orissa Court January 1997 Judgments
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Pravakar Misra and ors. Vs. Chintamani Mishra and ors.
Court: Orissa
Decided on: Jan-31-1997
Reported in: 1997(I)OLR277
P.K. Misra, J.1. The defendants have filed this appeal against the confirming decisions of the Courts below decreeing the plaintiff's suit for permanent injunction.2. There is no dispute that the disputed plot Nos. 4820, 4821 and 4822 along with another plot had been purchased in the name of defendant No. 1 on 24-6-1949. According to the plaintiff's case the disputed property fell to the share of defendant No. 1 in a family partition. In 1972 one Brahmananda Naik had filed O. S. No. 273 of 1972 against defendant No. 1 for realisation of money which was decreed in favour of said Brahmananda Naik in Execution Case No. 117 of 19 76 the suit land was attached and in auction, the same was purchased by the decree-holder, Brahmananda Naik, himself. As the said Brahmananda Naik expired during the pendency of the execution case, his legal representatives got delivery of possession through Court on 11-2-1979. Subsequently, the said property was purchased by the plaintiffs by a registered documen...
Nilamani Nath and 3 ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-31-1997
Reported in: 1998CriLJ962; 1997(II)OLR565
P.K. Misra, J.1. The four appellants have been convicted under Sections 304B and 498A, Indian Penal Code, and sentenced thereunder to undergo R. I. for 7 years and 3 years respectively with a direction that the sentences are to run concurrently.2. Deceased Urmila met a violent death on 1.6.1993. Appellants 1 and 4 are respectively the father-in-law and mother-in-law, appellant No. 2 is the husband and appellant No. 3 is the brother-in-law of the deceased. The sister-in-law of the deceased has been acquitted by the trial Court. F.I.R. was lodged by P.W.2, the brother of the deceased. It was stated in the F.I.R. that there was a love marriage between appellant No. 2 and the deceased about 4 years back in spite of the reluctance of the parents of the deceased. It is further alleged that about 4 months after the marriage, the father-in-law, mother-in-law, sister-in-law and brother-in-law of the deceased started torturing her due to domestic quarrel. It is further alleged that about a year ...
Corona Limited and ors. Vs. Krushna Chandra Patnaik
Court: Orissa
Decided on: Jan-29-1997
Reported in: 1997CriLJ2396; 1997(I)OLR323
R.K. Dash, J.1. The petitioners (hereinafter referred to as 'the accused persons') by filing the present petition under Section 482, Cr PC have invoked the inherent power of the Court to quash the proceeding in 1 CC Mo. 142 of 1993 pending in the Court of the Sub-divisional Judicial Magistrate, Bhubaneswar. The complainant, opposite party herein, filed the aforesaid complaint alleging inter alia that he being the owner of the premises comprising a shop room at C/58, Market Building, Sahidnagar, Bhubaneswar, let out the same to the accused persons on 1-4-1987 on a monthly rent for a period of six years ending on 31-3-1993. On the expiry of the period though the tenancy automatically stood terminated, yet the complainant, in abundant caution, issued notice under Section 106 of the Transfer of Property Act calling upon the accused persons to give him vacant possession of the tenanted premises. Despite the said notice the accused persons continued to possess illegally, whereupon he issued ...
Bhikari Panda Vs. State of Orissa
Court: Orissa
Decided on: Jan-29-1997
Reported in: 83(1997)CLT580; 1997CriLJ2109; 1997(I)OLR338
R.K. Dash. J.1.A man starts to seek his origin when he cannot control his carnal desire and when ho cannot control his such desire, he becomes a menace to the society. The present case illustrates a sordid tale of extreme brutality and raw unleashed sexuality where the appellant (hereinafter referred to as the 'accused') to satisfy his lust ravished the victim girl'(name withheld) who at the relevant (time was his student. On prosecution being launched. the accused faced trial under Section 375, IPC in the Court of the learned Additional Sessions Judge, Cuttack, in S. T. Case No. 15 of 1992 and on conclusion thereof he was found guilty and consequently convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo rigorous imprisonment for a further period of three months.2. The prosecution case culled out during trial may succinctly be stated as follows :The accused was a teacher at Dhanoar Up-graded M...
Gudia Sinna Rao Vs. Lade Santaram and ors.
Court: Orissa
Decided on: Jan-29-1997
Reported in: 1997(I)OLR281
P.K. Misra, J.1. These two Second Appeals are being disposed of by this common judgment as the parties and the facts are the same. The facts giving rise to both the Second Appeals are as follows : Admittedly, the disputed property belonged to Kona Venkatappa Rao and his son. The appellant in both the appeals claims that the property was sold to him for 3,000/- by the admitted owners by a registered document dated 3-7-1974. Though there was a condition that the original owners could get back the property by paying back Rs. 3,000/- within five years, the same having not been done, he has got absolute right over the property. It is further claimed by him that the subsequent purchase by respondent No. 1 from the other respondents by registered document dated 24-4-1977 is not binding on him. On the basis of the aforesaid claim, he filed Title Suit No. 8 of 1933 which was dismissed. Thereafter Tittle Appeal No. 22 of 1984 was also dismissed. Second Appeal No. 10 of 1986 is directed against t...
Jammula Lakshmipati Vs. Jammula Narasimha Murty and ors.
Court: Orissa
Decided on: Jan-27-1997
Reported in: 1997(I)OLR314
P.K. Misra, J.1. Plaintiff is the appellant against the decision of the trial Court in dismissing the suit for partition.2. The genealogy relating to the parties is extracted below :GENEALOGYLokanadham_________________________|_______________________________| | | | |Sitaram Srirangam Narasimha Satyanarayan Lakshmipati(Dead) Murth(D-1) (D-2) (Pltff.)-Bangaramrna -Sridevi(D-4) (D-6)___________|_____________| |Kedarnath Kasturibai(0-3) (D-5) (Foster daughter)It is alleged that defendant No. 3 is the adopted son of Srirangam and defendant No. 7 is the daughter of defendant No. 1. Defendants 3 and 5 are the legatees under a will executed by Srirangam. As per the plaintiff's case, the disputed properties were acquired out of the joint family properties but had been left out in the partition, which had taken place in 1971. The further case of the plaintiff is that earlier O. S. No. 89 of 1941 had been filed for partition of joint family properties and the same was compromised, but except Sita...
Villagers of Jajarsingh Basantinath Dutta Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-24-1997
Reported in: AIR1997Ori163; 83(1997)CLT667; 1997(I)OLR270
Pasayat, J.1. These two writ applications are interlinked and are disposed of by this judgment which shall govern each one of them. Writ application (OJC No. 10871 of 1996) was registered on the basis of a letter addressed to theHon'ble the Chief Justice and it was stated to be in public interest. The other one is by one Basantinath Dutta. The controversy revolves round shifting of a liquorshop from its earlier site to another place.2. Factual position is almost undisputed, and in a nutshell is us follows :State Government intended to grant exclusive privilege of possession and retail sate of foreign liquor at various localities in the districts of Puri and accordingly objections were invited from persons residing within the local area specified. Present controversy relates to two foreign liquor shops, namely. Khurda No. 1, and Khurda No. 2. Basantinath Dutta petitioner in OJC No. 13341 of 1996 has been granted licence for retail sale of potable foreign liquor in respect of Khurda No. ...
Muralidhar SwaIn Vs. State of Orissa, Represented by Its Secretary, Wo ...
Court: Orissa
Decided on: Jan-24-1997
Reported in: 83(1997)CLT686; 1997(I)OLR261
A. Pasayat, J.1. Refusal to issue tender papers for submission to tender in respect of Tender Call Notice for undertaking the works of widening to 4 lanes of the existing two lanes of NH-5 from Km. 412.5 to 418.00 Km. of Visakhapatnam-Bhubaneswar Section (Job. No. 005-OR-96-131) under N. H. Division, Bhubaneswar, and widening to two lanes from Km. 201-29 to 20o-60 Km. of Cuttack - Sambalpur Section of N. H. 42 (Job No. 042-OR-96-132) under N. H. Division, Sambalpur has brought petitioner before this Court.2. The factual position as presented by the parties essentially is as follows :A Tender Call Notice dated 2-7-1996 was published in various newspapers inviting tenders which were to be submitted in the office of the Chief Engineer, National Highway, Orissa. It was published in 'The Samaj' on 23-7-1995. It inter alia stipulated that eligible registered super class/special class contractors only of Orissa State PWD/ CPWD/ MES and other State eligible contractors possessing requisite num...
O.R.E.D.A. Officers Association Represented by Its Secretary Vs. State ...
Court: Orissa
Decided on: Jan-24-1997
Reported in: 1997(I)OLR333
1.The petitioner, Secretary of the Orissa Renewal Development Agency (for short 'Agency') Employees Association on behalf of its members, invokes extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India challenging the inaction of opp. party No. 2 in not filling up different posts under the Agency by way of promotion and for regularisation of the services of the Assistant Engineers and for other appropriate reliefs.2. The petitioner's case is, opp. party No. 2-Agency (a registered Society under the Societies Registration Act) was created by the Government of Orissa for the purpose of exploration, promotion and popularisation of non-conventional sources of energy in the State of Orissa. The members of the Governing Body of the Society are all Government officials nominated by the Government and the entire fund for the organisation is provided by the Government and thus the Agency being an instrumentality of the State and performs public duty is therefore amen...
Smt. Lata Pradhan and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-24-1997
Reported in: 1997(II)OLR88
Susanta Chatterji, J.1. This case is an illustration of a tragic story how an entire family consisting of 25 years widow with five small children faced due to a certain accidental demise of one Kabi Pradhan, who died in a train accident on 3.12.1990 at about 11.30 P.M. at Baulpur in the district of Dhenkanal while on duty. Said Kabi Pradhan was on patrolling duty as Home Guard under opposite party No.3, Commandant, Home Guard, Dhenkanal. 2. It is alleged that said Kabi Pradhan along with one Gunanidhi Sahu were engaged on shift duty from 10 P.M. to 6 A.M. to perform the patrolling duty on the C.P.P. NALCO Railway Line arid while they were performing their duties on Railway Line at about 11.30 P.M. the coal transporting train (empty wagon) came from C.P.P. NALCO to Bharatpur and dashed them. Due to the aforesaid accident, Kabi Pradhan sustained severe injury and succumbed to death. There was an ex-gratia payment of only Rs. 30,000/-from the Chief Minister's Relief Fund to the family of ...
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