Orissa Court February 1997 Judgments
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Smt. Saraswati Giri and anr. Vs. Ratanlal Agarwal and ors.
Court: Orissa
Decided on: Feb-12-1997
Reported in: II(1997)ACC697; 1997ACJ1218; 84(1997)CLT33; 1997(I)OLR302
P.K. Misra, J.1. The widow and the minor daughter of the deceased are the appellants In this appeal under Section 110-D of the Motor Vehicles Act, 1939, claiming higher compensation.2. The deceased, Subash Chandra Giri, was serving as a Statistical Inspector, under the District Statistical Officer, Sambalpur. On 3-3-1984, while the deceased was returning home on a cycle, a truck bearing registration No. ORS 5221 came from, the opposite direction and knocked him down. While being taken to the hospital he expired on the way. In the claim petition tiled by the widow it was alleged that he was about thirty years old and was drawing a salary of Rs. 850/- per month. It appears that the court-fee was paid on an amount of Rs. 1,00,000/-. The minor daughter of the deceased (present appellant No. 2) and the old mother of the deceased were the pro forma opposite parties in the claim case.The owner (present respondent No. 1) though admitted about the accident in his written statement, claimed that...
Biswanath Banigrahy Vs. Uco Bank and ors.
Court: Orissa
Decided on: Feb-10-1997
Reported in: AIR1998Ori16
P.K. Misra, J.1. The Judgment-debtor is the petitioner. After obtaining final decree against the petitioner, opposite party No. 1 (plaintiff decree-holder) has levied execution which has been numbered as E.P.No.30of 1996. During the trial of the suit, the petitioner, who is the owner of the Truck bearing number O.R.X. 7338 has been appointed as receiver of the truck which has been purchased by the petitioner by obtaining loan from the Bank. As the petitioner could not comply with certain directions, subsequently an Advocate has been appointed as receiver of the truck. During the pendency of the execution case, the present petitioner filed as application under Section 151, Code of Civil Procedure, praying for discharging the Advocate-receiver and to release the truck in favour of the petitioner. The said application having been rejected by order dated 28-9-1996, the present Civil Revision has been filed.2. Essentially the revision is by way of a mercy petition. It is stated at the Bar t...
Sanju Gope and 5 ors. Vs. State
Court: Orissa
Decided on: Feb-09-1997
Reported in: 1998CriLJ1684
ORDERS.C. Datta, J.1. The appellants, who were six in number were tried in the Court of Additional Sessions Judge, Rourkela in S.T. No. 6/6 of 1993 for commission of offences under Section 376(2)(g) and under Section 506/34, I.P.C. The accused persons were found not guilty of the charge under Section 506/34, I.P.C. and were acquitted. But they were found guilty of the charge under Section 376(2)(g), I.P.C. and were convicted thereunder and sentenced to suffer rigorous imprisonment for a period of seven years.2. The case of the prosecution may shortly be stated as under:On 2-7-1992 which was the day of car festival the parents of the prosecutrix Kamal Samad went away to another village in the morning to look after their cultivation and in the afternoon at about 4 p.m. the victim girl along with her friends Sabe Soren went to Biramitropur to witness the car' festival. While witnessing that festival, somehow they were separated due to havy rush and despite search the prosecutrix could not...
Susila Naik Vs. Judge, Family Court, Rourkela and anr.
Court: Orissa
Decided on: Feb-07-1997
Reported in: AIR1998Ori61; 83(1997)CLT811; II(1997)DMC235
1. The present civil appeal under Section 10 of the Family courts Act at the instance of the appellant Susila Naik challenges the order dated 13-3-1996 made by the learned Judge, Family Court, Rourkela in Guardianship Case No. 51 of 1992.2. By the impugned order guardianship certificate has been directed to be issued appointing opposite party No. 5 Binapani Patel as guardian of the minor subject to execution of a bond without surety for Rs. 50,000.00 within a month of the order. The earlier order of the Family Court dated 15-11-1993 appointing the present appellant Susila Naik as the legal guardian of the minor Srikanta Naik was cancelled.3. It transpires from the impugned order that during the hearing before the Court below the present appellant Susila Naik examined herself as P.W. 1 present respondent No. 2 Binapani Patel examined herself as O.P.W. I and her husband as O.P.W. 2 Susila Naik stated that she was appointed as the guardian in respect of the property of minor Srikanta Naik...
New Kenilworth Metal Pvt. Ltd. Vs. Orissa State Financial Corporation ...
Court: Orissa
Decided on: Feb-06-1997
Reported in: AIR1997Ori182
R.K. Patra, J.1. In this petition under Articles 226 and 227 of the Constitution, the petitioner M/s. New Kemilworth Hotel Private Limited through its Manager prays for a writ in the nature of mandamus restraining the Orissa State Financial Corporation Limited, opposite party No. 1, (hereinafter referred to as the Corporation) from evicting it from the disputed hotel premises. It also seeks quashing of the notice dt. 4-7-1996 (Annexure-2) by which the Corporation has communicated its decision to take over possession of the hotel premises under Section 29 of the State Financial Corporation Act, 1951,On 18-12-1996 notice was issued in the matter indicating that the matter is likely to be finally disposed of at the stage of admission. On 15-1-1997, M/s Ashoka Industries limited made an application to be impleaded as opposite party. The said prayer having been allowed, it has featured as opposite party No. 4 in the case. It has filed its counter affidavit resisting the prayer of the petiti...
Sk. Jamir and Vs. State of Orissa
Court: Orissa
Decided on: Feb-06-1997
Reported in: 1998CriLJ1728; 1997(II)OLR532
P.K. Misra, J. 1. The appellants in these two appeals have been convicted under Section 395. Indian Penal Code, and sentenced to undergo R.I. for 6 years.2. The occurrence took place on 25.10.1990 at 11.00 P.M. in the house of P.W. 2, the informant. It is alleged that several unknown culprits entered inside the house forcibly and removed many valuable ornaments.3. The two appellants along with one Rama Sahu faced trial, whereas three others culprits though apprehended escaped from the jail and have not been tried as yet. The other accused Rama Sahu has been acquitted by the trial Court since he could not be identified by the witnesses. The order of conviction is based on the evidence of P.Ws. 2 and 3. Their evidence relating to culpability of the two appellants is corroborated by the report of the Test Identification Parade wherein the witnesses had also identified the present appellants.4. It is submitted on behalf of the appellants that though the appellant Sikandar Mulla and appella...
Nabakishore Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-05-1997
Reported in: 1997(II)OLR470
Susanta Chatterji, J.1. Having heard Mr. Swain for the petitioner and Mr. M.K. Mohanty for the opposite party No. 3, Governing Body of Sri Dhabaleswar Mahavidyalaya in presence of Mr. B.P. Das, learned Addl. Govt. Advocate, we find a short point arises in this case relating to the order of suspension of the petitioner, the Principal of the college.2. The petitioner has mainly challenged the order as per Annexure -4 made by the President of the Governing Body of Sri Sri Dhabaleswar Mahavidyalaya placing the petitioner under suspension. The impugned order refers to Cuttack Vigilance P.S. Case No. 9 dated 31.1.1995 under Section 13(2) read with Section 13(1) and Section 7 of the P.C. Act against the petitioner and others. It is stated that pursuant to a letter dated 2.3.1996 of the Director, Higher Education, Orissa, the petitioner was placed under suspension with immediate effect. The letter of the Director dated 2.3.1996 is annexure - 3 to the writ application in which the Deputy Direct...
Prabodh Kumar Pattnaik and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-05-1997
Reported in: 1997CriLJ2199
Dipak Misra, J.1. In this appeal under Section 454 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') the appellants call in question the validity of the order dated 7-7-93 passed by the learned Addl. Sessions Judge, Jajpur in Criminal Misc. Case No. 1/93 refusing to exercise jurisdiction under Section 452 of the Code.2. The present appellants along with one Pramila Patnaik faced trial under Sections 304B, 498A and 306 of the Indian Penal Code (in short, 'the IPC) in S. T. Case No. 239/54 of 1989 and were ultimately convicted for the said offences by the learned trial Judge and sentenced to undergo rigorous imprisonment for 8 years under Section 304B, IPC. No separate sentence was awarded for the other charges.It is relevant to state here that the learned trial Judge while convicting the accused persons and sentencing them as aforesaid had given directions in respect of the seized articles directing that if the parties were desirous of establishing their claim ov...
Smt. Anita Jena and ors. Vs. Barot Chandra Pattnaik and anr.
Court: Orissa
Decided on: Feb-03-1997
Reported in: 1999ACJ1046; AIR1998Ori17
P.K. Mishra, J.1. The claimants are the appellants against the award of the 3rd Motor Accidents Claims Tribunal, Balasore, dismissing their claim application for payment of compensation on account of death caused due to accident involving the truck of respondent No. 1.2. The widow, one minor daughter and two minor sons of deceased Kishore Kumar Jena are the claimants. It is alleged that the deceased was travelling on a scooter in the midnight of 12/13-6-1989 and was proceeding behind a truck bearing registration number O.R.S. 7536 belonging to respondent No. 1. It is alleged that the truck was moving without any light and at Gopalgaon, the Iruck suddenly applied brakes and the deceased could not control himself and dashed his scooter against the truck. Though the deceased was taken to the hospital, he could not escape the clutches of death. It is claimed that the deceased was working as supervisor in aprivate Bus Association and was earning RS. 1500/- per month.3. The owner of the truc...
Smt. Jasoda Mohanty and anr. Vs. Harish Chandra Mohanty and anr.
Court: Orissa
Decided on: Feb-03-1997
Reported in: 83(1997)CLT645; 1997(I)OLR523
R.K. Dash, J. 1. Unsuccessful plaintiffs are in appeal against the judgment and decree of the learned Subordinate Judge, Karanjia (as he was designated then) dismissing the suit for petition simpliciter,2. Plaintiffs case may briefly be stated thus: Udayanath Mohanty, common ancestor of plaintiffs and defendant No. 1, died sometime in 1948 leaving behind his widow, defendant No. 2 and two sons, namely. Purna and Harish, defendant No. 1. Purna died on 14-11-1957 leaving behind his widow Yasoda. plaintiff No. 1 and daughter Sukanti, plaintiff No. 2. Total extent of lands possessed by Udayanath are set out in Schedule-B of the plaint. According to plaintiffs, item Nos. 1, 2 and 3 were ancestral properties and item No. 4 was the self-acquired property of Udayanath. So far as item No. 3 is concerned, though the sale deed stands in the name of Kamala, defendant No. 2, it was acquired fay Udayanath out of joint family funds defendant No. 2 having no independent source of income to acquire the...
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