Orissa Court February 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Puri Municipality Vs. Debidutta Ramaniranjan Patnaik
Court: Orissa
Decided on: Feb-27-1997
Reported in: 1997(II)OLR211
Dipak Misra, J.1. Defendant is the appellant challenging the appellate Judgment affirming the Judgment passed by the Munsif Puri in O.S. No. 40 Decided on 27th February, 1997. of 1973-I, a suit for declaration of title, confirmation of possession and permanent injunction.2. The respondent as plaintiff instituted the aforesaid suit putting- forth his case that Ac.0.025 1/2 decimals of land under Provincial Settlement Plot No. 79, Khata No. 36 corresponding to Current Settlement Plot No. 408 of mauza Dandimal Sahi, Puri Town, originally belonged to the father of one Raghunath Das, who was the recorded owner. The plaintiff purchased the same from him by a registered sale deed dated 18.11.1972 and took over possession. The defendant, namely the Puri Municipality, has no manner of right, interest or possession over the same, but had issued a notice No. 682 dated 8.2.1973 in Encroachment Case No. 1 of 1973 to plaintiff's father to demolish a pucca wall said to have constructed encroaching an...
Manisha Singh Deo Vs. Bidyadhar Singh Deo
Court: Orissa
Decided on: Feb-26-1997
Reported in: I(1997)DMC595; 1997(I)OLR298
R.K. Dash, J.1. This is a petition under Section 24 of the Code of Civil Procedure, 1908 filed by the petitioner, wife of the opposite party, for transfer of the divorce proceeding in O.S.No. 27 of 1995 from the Court of the Civil Judge (Senior Division), Jeypore, to that of Civil Judge (Senior Division), Bhubaneswar, to be tried analogously with O.S. No. 339 of 1995 which has been filed by her claiming separate residence and maintenance from the opposite party.2. The marital abode of the petitioner and the opposite party, the two spouses of erstwhile royal family of Jeypore, is in troubled water. Their marriage was celebrated at Bhubaneswar in the residence of the petitioner's father and the last place of residence of the couple was at Jeypore. Two children were born to them in their wedlock who are presently in the care and custody of the petitioner. The opposite party has filed O.S. No. 27 of 1995 for dissolution of marriage on the ground, the petitioner has been affected by mental ...
Banamali Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-26-1997
Reported in: 84(1997)CLT471; 1997(I)OLR555
Dipak Misra, J. 1. In this writ application under Article. 226 and 227 of the Constitution of India the petitioner has sought for issuance of a writ of mandamus directing the opp. parties 1 to 3 to pay his salary in accordance with the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short, 'the Rules').2. The factual backdrop as has been depicted by the petitioner is that on being selected by the State Selection Board in pursuance of an advertisement the petitioner was appointed as a lecturer in Political Science against the-3rd post (MP) at S. G. College in the District of Jajpur. As stated in the petition the advertisement clearly stipulated that the petitioner would be paid in the prescribed scale of pay. The Director of Higher Education, Orissa on the basis of the recommendation of the State Selection Board asked the Governing Body of S. G. College to issue Setter of appointment in favou...
Dibakar Naik Vs. Puspalata Patel and anr.
Court: Orissa
Decided on: Feb-25-1997
Reported in: 1997(I)OLR579
Dipak Misra, J.1.In this application under Section 482 of the Code of Criminal Procedure (in short, 'the Code') the petitioner has prayed for setting asida the order dated 4-4-1994 and for quashing of the entire proceeding in Misc. Criminal Case, No. 3/94 pending before the District Magistrate, Siindargarh.2. The facts which are essential to be stated for disposal of the present application are as follows :The District Magistrate, Sundargarh initiated Misc. Criminal Case No. 3/94 against the petitioner on the basis of credible information furnished to him. As breach of peace was apprehended the petitioner was asked to show cause under Section 107/111 of the Code to show cause why he should not be required to execute a bond for Rs. 20,000/-with two sureties from respectable local persons for Rs. 10,000/- each to keep peace for a period of six months.: While initiating the said proceeding in the same order dated 4-4-1994 the District Magistrate directed arrest of the petitioner under Sec...
Khadal Digal and anr. Vs. State of Orissa
Court: Orissa
Decided on: Feb-25-1997
Reported in: 1997CriLJ3452
R.K. Dash, J.1. The appellants were charged Under Sections 302 and 201 read with Section 34, IPC for having committed murder by intentionally causing death of Dikcsan Digal (hereinafter referred to as the 'deceased') in furtherance of their common intention and thereafter buried the dead body of the deceased in order to screen themselves from legal punishment. Upon trial, learned Sessions Judge, Phulbani found the appellants guilty of the charges and consequently convicted and sentenced them to suffer imprisonment for life for the offence Under Section 302 and rigorous imprisonment for five years for the offence Under Section 201, IPC. it was ordered that both the sentences shall run concurrently.2. Prosecution case, briefly stated, was that on 29-7-90 at about 10 a.m. while the inmates of appellant Khadal Digal were absent, the deceased entered inside his house, stole the food staff and consumed the same. Meanwhile appellant Khadal Digal case in side and at his sight, deceased started...
Jitmohan Lohar Vs. State
Court: Orissa
Decided on: Feb-18-1997
Reported in: 1997CriLJ2842; 1997(I)OLR366
P.K. Misra, J.1. The appellant assails the order of conviction under Sections. 363 and 376 of the Indian Penal Code.2. An FIR was lodged by PW 3 on 26-8-1994 wherein it was alleged that his daughter, aged about twelve years and six months, had gone away somewhere on 15-8-1994 and had returned on 26-3-1994 and on being asked, she had disclosed that she had gone to Dadma with the accused and there the accused had married her by applying vermilion on her fore-head. The case was initially registered under section 363, IPC and subsequently charge-sheet was submitted under Sections. 363 and 376, IPC.3. The plea of the accused was one of denial. 4. The trial Court on discussion of evidence on record came to hold that the age of the victim was lass than 16 years and she had been taken away from the custody of her parents and subsequently subjected to sexual intercourse. On the aforesaid finding, the appellant was convicted under Sections. 353 and 376, IPC and sentenced to undergo six months an...
National Insurance Co. Ltd. Vs. Tara Bewa and anr.
Court: Orissa
Decided on: Feb-17-1997
Reported in: I(1998)ACC161; 1998ACJ572; 84(1997)CLT757
Deepak Misra, J.1. The insurer is the appellant against an award passed by the Commis- sioner for Workmen's Compensation- cum-Deputy Labour Commissioner at Cuttack, in W.C. Case No. 16-D of 1987.2. Respondent No. 1 filed an application under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') claiming compensation amounting to Rs. 65,000/- for the death of her son Brajendra Kumar alias Chagala Jena. Her case before the Commissioner is that on 27.11.1985 at about 5 a.m. her son Bra- jendra was going in a Trekker bearing registration number WNF 1148 as helper, to Puri with some passengers and the said Trekker met with an accident as it dashed against a truck near Gopalpur Check-Gate. Due to the accident Brajendra received injuries on his body and he was removed to the hospital at Cuttack, where he succumbed to the injuries. It was also stated in the application that she was dependent on her son, the deceased, who was aged 20 years at the time of the accident and w...
Droupadi Devi Vs. Padmanabha Mishra and ors.
Court: Orissa
Decided on: Feb-13-1997
Reported in: 1997CriLJ2807
P.K. Misra, J.1. This is an appeal against an order of acquittal of the five respondents of the charge Under Section 379, Indian Penal Code.2. Respondents 3 and 4 are the sons of respndent No. 1. Respondents 2 and 5 are not related to the other respondents. It is alleged that the present appellant had purchased the disputed land from respondent No. 1 and was in cultivating possession of the same. In the year of dispute, i.e. in 1983, the appellant had also raised crop which was forcibly cut and removed by the respondents.3. Respondent No. 1 while admitting about removal of crops claimed that he was in possession of the disputed land and had raised the crop. Other respondents had denied about the allegations.4. During the trial, complainant was examined as P.W. 1 and P.Ws. 2 and 3 who were engaged for cutting the crop by the complainant supported her version. However, respondent No. 1 himself was examined as D.W. 1. The trial court on discussion of the evidence on record came to hold th...
Nilamani Sahu Vs. State of Orissa
Court: Orissa
Decided on: Feb-12-1997
Reported in: 1997(I)OLR250
P.K. Misra, J.1. The appellant assails his conviction under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the 'NDPS Act') and sentence of R. I. for 4 years and fine of Rs. 5,000/- with a default sentence of R. I. for one year, imposed by the Sessions Judge, Sambalpur.2. As per the prosecution case, on 17-7-1994 at about 7 p. m., the Officer-in-charge, Govindpur Police Station (PW 4) was performing patrol duty near Bamara Railway Station along with A. S. I. (PW 1) and Havildar. In front of one Rajen Choudhury's hotel, the aforesaid police officials found the accused coming from the railway station side with a plastic bag. On suspicion, the Officer-in-charge detained the accused and searched the bag. He found a white napkin inside the bag and inside the napkin, there was a polythene packet containing Ganja. After recovering the Ganja, the same was weighed with the help of one Birendra Prasad (PW 2). It is alleged that the Officer-in-charge rem...
Parvakar Behera Vs. State of Orissa
Court: Orissa
Decided on: Feb-12-1997
Reported in: 1997CriLJ3291; 1997(I)OLR247
P.K. Misra, J.1. The appellant has been convicted under Section 395 and 457, Indian Penal Code, and sentenced to undergo R. I. for 7 years and to pay a fine of Rs. 1,000/-, in default, to undergo R. I. for 6 months under Section 395 and R. I. for 2 years and fine of Rs. 1,000/-, in default, to undergo R. I. for 1 year under Section 457, Indian Penal Code. Both the sentences have been directed to run concurrently.2. The appellant along with five others were tried. All the accused except accused Managovinda Swain were charged under Section 335 and 457, whereas accused Managovinda Swain was charged under Section 412. Indian Penal Code. Except the appellant all other accused persons have been acquitted by the trial Court. 3. As per the prosecution case, as revealed from the FIR. there was a dacoity by unknown miscreants in the house of PW 2 in the night of 25/23-7-1988 and thereafter in the houses of some others of the village. After arrest of the culprits, a T. I. parade was held on 14-3-...
- ‹ Prev
- 2
- 3
- Next ›
- Last »