Orissa Court May 1998 Judgments
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Lochan Sundara Vs. Bhikari Charan Indrajit
Court: Orissa
Decided on: May-12-1998
Reported in: AIR1999Ori116; 86(1998)CLT558
R.K. Dash, J.1. The defendant is in appeal against the reversing judgment of the learned Subordinate Judge (presently designated as Civil Judge, Senior, Division). Nayagarh passed in Money Appeal No. 2 of 1955. By the impugned judgment he set aside the judgment and decree of the learned Additional Munsiff, Ranpur, whereby plaintiff's suit for recovery of Rs.3,957.50 p. based on a pronote was dismissed.2. Plaintiffs case, in brief, is that the defendant being in need of money to meet the expenses of his saw-mill and to repay his other loans, took a loan of Rs. 5,000/- from the plaintiff by executing a pronote. According to the plaintiff he was a registered money-lender at the time the loan was advanced, but he closed his money-lending business in 1970. The defendants made payments on two occasions, inasmuch as on 24-3-70 he paid a sum of Rs. 100/- and on 23-3-73 he paid Rs. 5,300/-. Thereafter he did not make any payment. Hence the suit.3. Defendant on being noticed file written stateme...
Partap Chandra Barik Vs. State of Orissa
Court: Orissa
Decided on: May-12-1998
Reported in: 1999CriLJ562
ORDERS.C. Datta, J. 1. This is an application under Section 482 of the Code of Criminal Procedure seeking to quash order dated 23-10-1992 passed by the learned Judicial Magistrate, First Class, Nimanada, taking cognizance of offences punishable under various sections of the Indian Penal Code and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act')2. The present case was started on the complaint of the informant Balakrushna Kandi alleging inter alia that on 22nd April, 1992 at 12 noon, the petitioner being armed with a gun came to his residence and instructed his supporters to take away his household articles. It was further alleged that the accused persons demolished the house and took away furniture and cash amount of Rs. 100/- and the bags of; paddy. On the basis of complaint, a case was registered under various provisions of the Indian Penal Code and under Section 27 of the Arms Act. Subsequently, th...
Netrananda Mishra and ors. Vs. State and anr.
Court: Orissa
Decided on: May-12-1998
Reported in: 1999CriLJ1301
ORDERS.C. Datta, J.1. In this petition under Section 482, Criminal Procedure Code, the petitioners seek to quash the order dated 1 -2-1996 passed by the learned Sub-divisional Judicial Magistrate, Bhubaneswar taking cognizance of offences under Sections 498A, 323/506/34, I.P.C. against all the accused persons in G.R. Case No. 2615 of 1995.2. The said case was instituted on the complaint of opposite party No. 2 on the allegation that ever since her marriage was solemnised in the year 1954, petitioner No. 1, her husband Netrananda Mishra tortures her. Petitioner No. 2 is her son while petitioner No. 3 is the daughter-in-law. Petitioner No. 4 is the brother of the: daughter-in-law, namely, petitioner No. 3. It has been alleged that when elder son of the complainant was in the womb, her husband also assaulted, her. She has alleged that even after 42 years of her marriage, the torture continued and increased Finally her husband drove her out in the month of; March, 1995 and she is currently...
Brundaban Ramanuja Das Vs. Hajuri Prafulla Chandra Khuntia and ors.
Court: Orissa
Decided on: May-06-1998
Reported in: AIR1998Ori219
S.N. Phukan, C.J. 1. The petitioner has prayed for quashing of order dated 18-2-1988 passed by the Tahsildar and O. E. A. Collector, Puri in Claim Case No. 9057 of 1963 vide Annexure-1 and the order passed in revision by the Member, Board of Revenue dated 28-9-1991 in O. E. A. Revision Case No. 19 of 1990 vide Annexure-3. 2. The admitted facts are that one Balabhadra Khuntia the common arrester of the opposite parties, was the owner and intermediary of the disputed land as well as the house standing thereon. The said Balabhadra Khuntia executed a lease deed in favour of the present petitioner. While the said lease was in subsistence, the disputed land vested in the State of Orissa in pursuance of notification issued under Section 3 of the Orissa Estates Abolition Act, 1951 (for short, 'the Act'). After the vesting, Raghunath Khuntia, son of Balabhadra Khuntia filed application on 30-10-1963 under Sections 6 and 7 of the Act, which was registered as O. E. A. Case No. 9057 of 1963. The c...
Gour Chandra Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-05-1998
Reported in: AIR1998Ori198; 1998(II)OLR179
R.K. Patra, J.1. The petitioner who is one of the elected members of the Ganjam Zilla Parishad has filed this application under Article 226 of the Constitution of India praying for declaration that opposite parties 5 to 10 have ceased to hold office as members of (he Zilla Parishad. He has also prayed for a direction to the opposite parties 2 and 3 to fill up those vacant seats held by those opposite parties.2. The case of the petitioner is that results ofelection to the Ganjam Zilla Parishad (hereinafterreferred to as 'the Parishad') were duly publishedon 29-1-1997 in the Official Gazette and itselected members were deemed to have held officewith effect from that date. The Additional DistrictMagistrate, Ganjam in letter No. 1084/GP dated4-2-1997 (Annexure-1) noticed all the elected,members to attend the D.R.D.A. Conference Hall,Chatrapur on 15-2-1997 at 10.30 A.M. to takeoath of allegiance. Pursuant to the said notice, 36.elected members out of 69 took their oath and thefirst meeting ...
Swarna Prava Tripathy and anr. Vs. Dibyasingha Tripathy and anr.
Court: Orissa
Decided on: May-05-1998
Reported in: AIR1998Ori173; 86(1998)CLT368; I(1999)DMC316; 1998(II)OLR1
Pasayat, J.1. Doubting correctness of a decision rendered by a Division Bench of this Court in Civil Appeal No. 17 of 1996 decided on 8-10-1996 regarding maintainability of appeal under Section 19 of the Family Courts Act, 1984 (in short, the 'Act') against an order of interim maintenance in terms of Sections 24 and 25 of Hindu Marriage Act, 1955 (in short, 'Marriage Act'), a reference has been made by another Division Bench for adjudicating the following question :'Whether an order granting interim maintenance pendente lite is appealable under Section 19 of the Family Courts Act, 1984? If it is held that the appeal is not maintainable, what remedy is available to the aggrieved party.'Divergent views expressed by different High Courts were noted.2. In Civil Appeal No. 17 of 1996 it was held by the Division Bench that an order made by a Family Court under Section 24 of the Marriage Act is appealable under Section 19 of the Act, on, the ground that it has finality attached to it, and it ...
Madhuchhanda Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-05-1998
Reported in: 87(1999)CLT141; 1998(II)OLR36
R.K. Patra, J.1. By this application under Articles 226 and 227 of the Constitution, the petitioner - Madhuchhanda Das challenges the validity of the order dated 21.7.1987 of the Additional District Magistrate, Bhubaneswar in Lease Revision Case No. 410 of 1986 (Annexure-7) setting aside the settlement of land measuring Ac. 1.000 with one Golak Majhi as well as the order dated 7.12.1994 passed by the Additional Tahasildar, Bhubaneswar (Annexure-6) rejecting the prayer of the petitioner for mutation of the land in her favour.2. As averred in the writ application, the Tahasildar, Bhubaneswar by order dated 15.7.1974 settled land measuring Ac. 1.000 in plot No. 502 (renumbered as 502/1204) in Khata No. 359 (renumbered as 255/64) located in mouza Ogalapada with Golak Majhi (vide W.L.Case No. 2198 of 1973). The lease-hold property was duly recorded in the R.O.R. in the, name of the said lossee (Annexure-3). During the year 1982-83, the lessee-Golak Majhi died and his widow-Mini Bewa and his...
Smt. Sailabala Behera Vs. Bhagaban Behera
Court: Orissa
Decided on: May-05-1998
Reported in: 1998(II)OLR58
S.C. Datta, J.1. This revision application has been filed against the order of the learned Judge, Family Court, Cuttack, dismissing the petition under Section 125, Criminal Procedure Code filed by the petitioner.2. The facts leading to the present case may be shortly stated as under :The petitioner married the opposite party according to Hindu rites and customs on 2.7.1979. She alleges that a few months after the marriage, the opposite party subjected herself to physical as well as mental torture on account of the inability of her father to give Motor cycle to the opposite party, as agreed to, at the time of marriage. She came back to her parents house with the promise to meet the demand at the time of 'Punai' but her father could not fulfil the demand within the next two years. Accordingly, the petitioner was neglected and was not even provided with proper food and clothing. Consequently, the petitioner is compelled to reside with her parents since then. The opposite party did not car...
Rajendra Kumar Mohanty Vs. P.K. Das
Court: Orissa
Decided on: May-05-1998
Reported in: 86(1998)CLT239; 1998CriLJ3920
ORDERS.C. Datta, J.1. This is an application under Section 482, Criminal Procedure Code praying for quashing the order dated 18-4-1995 passed by the learned Judicial Magistrate Frist Class, Jaleswar, rejecting the petitioner's application for quashing the proceeding on the ground that the trial Court had no jurisdiction to try the case.2. The present case was initiated by the Drugs Inspector, Balasorc Range, representing the State of Orissa against the present petitioner under Sections 27(b)(ii), 28, 28A and 27(d) of the Drugs and Cosmetics Act, 1940 (for short 'the Act'). After the initial statements of the complainant and the witnesses were taken, the learned Magistrate framed charges against the accused persons and fixed a date for hearing. At that stage, the petitioner filed a petition before the trial Court for quashing the case on the ground that the procedure adopted by the learned Magistrate was beyond the scope of law and the Court had no jurisdiction to try the case under war...
Shantilata Paride Vs. Nrusingha Ch. Behare and anr.
Court: Orissa
Decided on: May-05-1998
Reported in: 1998CriLJ3237
ORDERS.C. Datta, J.1. This revision application is directed against order of the learned Judicial Magistrate First Class, Paradeep at Kujang acquitting the opposite party of the charge under Section 498A, IPC.2. The prosecution case is founded upon the allegation that the petitioner and opposite party No. 1 entered into wed lock in Baladevjou temple at Kendrapara on 14-2-1989 according to Baidik form. All the rituals, such as, performance of home, hastaganthi etc. were gone into in presence of the parents and relations. The marriage between the parties was the sequel of a love affair between the parties. After marriage both the parties started their conjugal life at Dihabalarampur. Both of them stayed at Ersama also for sometime. At the time of marriage, there was no demand for dowry. But within two months of the marriage, the opposite party made a demand for motor cycle, T.V. and other articles as a part of dowry to the marriage. The petitioner's family having failed to meet the deman...
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