Orissa Court June 1997 Judgments
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Sridhar Panda Vs. Taramani Dibya and anr.
Court: Orissa
Decided on: Jun-30-1997
Reported in: 84(1997)CLT323; 1997(II)OLR161
A. Pasayat, J. 1. Petitioner's, prayer for temporary injunction to restrain the opposite parties from entering upon the suit land, causing waste and damage to the same, or altering the existing structure and from interfering with the peaceful possession over the suit land and building standing thereon having been rejected by learned Civil Judge (Junior Division), Puri and learned Civil Judge (Senior Division), Puri in appeal, this Court has been moved.2. Background facts necessary for disposal of the present application essentially run as follows :Petitioner as plaintiff filed Title Suit No. 300 of 1992 in the Court of learned Civil Judge (Junior Division), Puri for permanent injunction and restraining defendants (opposite parties herein) from going over the surface land, dispossessing him therefrom, causing waste and damage and causing any son of addition, alteration to the building standing over the suit land In essence his case is that one Kalu Panda was sole owner of the suit land ...
Smt. Dura Dei and Niranjan Mallick Vs. State
Court: Orissa
Decided on: Jun-30-1997
Reported in: 1997(II)OLR152
P.K. Misra, J. 1. The two appellants along with two other accused persons faced trial Under Section 302/34 of the Indian Penal Code for having, caused the death of Paramananda Mallick. Appellant Dura Dei is the wife of appellant Niranjam Mallick and the other two acquitted accused persons are respectively the father and brother of appellant Niranjan. The trial Court while acquitting all the accused persons of the charge Under Section 302/34 of the Indian Penal Code convicted appellant No. 1 Under Section 323, IPC and released her Under Section 3(1)(3) of the Probation of Offenders Act. Appellant No. 2 was convicted Under Section 304, Part-I, IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for six months. Hence the present appeal. 2. The prosecution case is as follows :On 25.3.1988 at about 7 A.M. all the accused persons were digging saroo from the land allegedly under the possession of the ...
Shri Lalit Mohan Meher Vs. Revenue Divisional Commissioner, Northern D ...
Court: Orissa
Decided on: Jun-30-1997
Reported in: 1997(II)OLR171
A. Pasayat, J. 1. Order passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur (in short, 'RDC') in an appeal relating to cancellation of caste certificate issued to petitioner is subject-matter of challenge. The dispute has a long chequered career.2. Caste certificate issued in favour of the petitioner under Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980 (in short the 'Rules') was cancelled by the Collector, Bolangir (opposite party No. 2) by order dated 20.5.1991. Said order was challenged before the RDC in Appeal No. 4 of 19.91. By order dated 24.4.1992, order of the Collector was set aside primarily on the ground that principles of natural justice had not been followed. The matter was remanded to the Collector for a fresh adjudication. The Collector, Bolangir by order dated 14.5.1993 again reiterated the conclusions justifying cancellation of the certificate issued. The matter was again carried in appeal before the RDC in Appeal No. 1...
Bibekananda Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-27-1997
Reported in: 1997(1)ALT(Cri)11; 1997(II)OLR122
R.K. Patra, J.1. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner who is an assistant teacher, prays for a direction to the opp. parties to release his salary, arrears as well as current, in the pay scale of untrained graduate teacher with effect from the date of his appointment. He has also sought for an appropriate writ for quashing the office order No. 1657 dated 8.2.1996 (Annexure-5) by which the Inspector of Schools has disapproved his appointment against the additional section on the ground that he does not possess the prescribed qualification to hold the post of trained graduate teacher.2. For appreciation of the controversy raised in the case, briefly facts may be noted.The petitioner came to be appointed as an assistant teacher on 3.11.1989 against an additional section of Class-X in Pipli High School which is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969. He joined the service on 6...
Road Transport Organization of India Vs. Barunai Powerloom Weavers' Co ...
Court: Orissa
Decided on: Jun-27-1997
Reported in: 84(1997)CLT174; 1997(II)OLR106
R.K. Dash, J. 1. Unsuccessful defendant No. 1 in O.S. No. 8 of 1982-111 on the file of the Subordinate Judge, Khurda (presently designated as Civil Judge, Senior Division) by filling the present appeal has assailed the judgment whereby plaintiff's suit for compensation for loss of goods with interest to the tune of Rs. 14,960.23 p. has been decreed.2. Barunai Powerloom Weavers' Co-operative Society Limited (hereinafter referred to as 'the plaintiff) is a registered society which deals in powerloom clothes and sends the finished products to different shopping centres situated in and outside the State by train as well as road carrier. Plaintiff's case, in short, is that on three occasions, i.e. 19.6.1978, 11.8.1978and 12.1.1979 it had consigned clothes in bundles through the carrier of defendant No. 1 by road to be delivered at the factory of defendant No. 2. On all these three occasions though goods were delivered at the destination, but there was shortage, as a result the plaintiff suf...
Trilochan Harijan and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jun-27-1997
Reported in: 1998CriLJ1887; 1997(II)OLR134
P.K. Misra, J. 1. The two petitioners along with two others were convicted by the trial Court under Sections 458 and 395, Indian Penal Code, and sentenced to undergo R.I. for five years and to pay a fine of Rs. 1,000/- in default, to undergo R.I. for two months on each count. The present petitioners filed Criminal Appeal No. 129/94, whereas the two co-accused persons filed Criminal Appeal No. 132/94 and Jail Criminal Appeal No. 16/95. All the three appeals were disposed of by one common Judgment. The appellate Court altered the conviction under Section 395 to one under Section 394, Indian Penal Code, and reduced the substantive sentence to four years R.I. The conviction under Section 458, Indian Penal Code, was sustained, but the substantive sentence was also reduced to four years R.I..2. The occurrence took place in the midnight of 28.3.1993/29.3.1993 in village Nirani Maliguda and F.I.R. was lodged at 9 A.M. on 29.3.1993. In the F.I.R. it was indicated that brother of one Buti Domb a...
Jadumani Sahu Vs. State
Court: Orissa
Decided on: Jun-27-1997
Reported in: 1997(II)OLR141
P.K. Misra, J. 1. The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- in default, to undergo further rigorous imprisonment for five years.2. As per the prosecution case on 9.8.1991 while P.W.5 the Sub-Inspector of Excise was patrolling along with other officials in village Iswarpur, he received information that accused Jadumani Sahu was in possession of huge quantity of opium. Immediately, thereafter, the excise staff searched the house of the accused and from the second bed room under the cot opium was seized. After weighing, samples were drawn and on completion of investigation prosecution report was submitted.3. The plea of the accused was one of denial and it was stated that the house from which the contraband articles were seized belonged to Kulamani Sahu, an agnatic relation of the accu...
Jadumani Giri and anr. Vs. Bhama Bewa and ors.
Court: Orissa
Decided on: Jun-27-1997
Reported in: 84(1997)CLT213; 1997(II)OLR203
R.K. Dash, J.1. Defendants are in appeal against the affirming Judgment in a suit for specific performance of contract and for possession. Gokul Chandra Giri (since dead) and Bhubaneswar Giri, respondent No. 4, herein, were originally the plaintiffs. During pendency of the suit Gokul Chandra Gin having died, his legal representatives who were substituted in his place, are respondents 1 to 3 in the present appeal. For convenience Gokul Chandra Giri and Bhubaneswar Giri are referred to as plaintiffs in the present appeal. 2. Plaintiffs case, in short, is this. The suit land described in schedule 'A' of the plaintiff originally belonged to the plaintiffs which they inherited by way of succession, being sons of Sidheswar Giri, the recorded owner. In the year 1974, they being in need of money approached the defendants for a loan of Rs. 1,200/-. To their such request the defendants agreed on condition of their giving some property as security, for the. loan. It was also agreed to between the...
Chhuturam Mahanta Vs. Jagdish Mahanta and anr.
Court: Orissa
Decided on: Jun-27-1997
Reported in: 84(1997)CLT555; 1997(II)OLR201
R.K. Dash, J. 1.This appeal is by the plaintiff against the reversing judgment of the learned Subordinate Judge, Rairangpur in Title Appeal No. 1 of 1984. The suit was one for declaration of right, title and interest, recovery of possession and for permanent injunction.2. The plaintiff's case, in brief, is this : The suit land described in Schedule 'A' of the plaint originally belonged to the State. In the year 1984 the Government settled the suit land in his favour and accordingly in the revenue records the same has been recorded in his name under Khata No. 114 of village Pandarsila. After acquisition, the plaintiff made it suitable for cultivation and had been possessing through his brother since no being a railway employee, had been staying outside. Taking advantage of his absence. the defendant illegally trespassed upon a portion of the sun land as per schedule 'B' of the plaint in the year 1979. This led the plaintiff to file the present suit claiming reliefs as aforesaid.3. The c...
Durga Prasad Kar and ors. Vs. Ranjitarani Satpathy
Court: Orissa
Decided on: Jun-27-1997
Reported in: 1997(II)OLR537
S.C. Datta, J. 1. This is an application for quashing the proceeding in I.C.C. No. 277/91 pending in the Court, of learned S.D.J.M., Kendrapara.2. Briefly stated the case of petitioners is that the petitioner No. 1 was married to the opposite party on 30th June, 1989 according to Hindu rites/customs. Differences and discontentment arose immediately after the marriage and ultimately a suit under Section 13B of Hindu Marriage Act, 1955 was filed in the Court of the Subordinate Judge, Cuttack in O.S. No. 31 of 1990. The suit was eventually decreed on 25.1.1991 and the marriage between the parties was dissolved. According to the petitioners, petitioner No. 1 after the decree of divorce, married again, so also the opposite party. It is the case of the petitioners that at the instigation and encouragement of some enemies of petitioner No. 1, the opposite party as a complainant has filed a complaint case bearing No. I.C.C. 277/91 in the Court of learned S.D.J.M., Kendrapara under Section 498A...
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