Orissa Court August 1998 Judgments
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Nityananda Khamari and ors. Vs. Rangadhar Khamari
Court: Orissa
Decided on: Aug-12-1998
Reported in: 1998(II)OLR625
P.K. Tripathy, J.1. The second party members in Criminal Misc. Case No. 398 of 1997 under Section 145, Criminal Procedure Code, 1 973 (in short, 'the Code') have filed this application under Section 482 of the Code challenging legality and correctness of the order dt. 27.11.1997 of the Executive Magistrate, Anandpur. The first party is the opposite party in this case.2. Opposite party filed the petition for action under Section 145 on the ground that he is the owner in possession of the disputed case land measuring an area of A 2.48 decs. in Mouza Kanpur under Soso Police Station in the district of Keonjhar and alleging that the Second Party members having no right, title, interest and possession, but taking advantage of entry of the name of petitioner No. 1 in the revenue records and Chakabandi record, are creating disturbance in his peaceful possession resulting in apprehension of breach of peace. Opposite party filed that petition on 31.10.1997. Learned Executive Magistrate asked fo...
Jashelal Agrawal Alias JaIn Vs. Smt. Puspabati Agrawala
Court: Orissa
Decided on: Aug-12-1998
Reported in: 1998CriLJ4740
P.K. Tripathy, J.1. This revision application is directed against the judgment dated 26-3-1996 in Criminal Misc. case No. 41 of 1980 of the court of Judicial Magistrate 1st class, Kantabanji.2. Opposite party was the legally married wife of the petitioner. Their marriage was solemnised on 17-5-1970. On 28-8-1980, opposite party filed a petition under Section 125 of the Criminal Procedure Code, 1973 (in short, 'the Code') claiming for maintenance on the ground of ill-treatment, cruelty and desertion and that she had no means to sustain her life whereas the petitioner is an earning person and capable of providing maintenance. On 4-1-1992 opposite party's claim for maintenance was allowed. Petitioner approached this Court in Criminal Misc. case No. 2291 of 1992 under Section 482 of the Code via the court of Addl. Sessions Judge, Titilagarh in Criminal Revision No. 6/9 of 1992. After filing of the petition under Section 125 and before the J.M.F.C., Kantabanji could pass the order for maint...
Debaraj Mishra and anr. Vs. Jagamahan Nayak and anr.
Court: Orissa
Decided on: Aug-11-1998
Reported in: 1998(II)OLR344
R.K. Patra, J.1. Order dated 22.8.1994 of the Sessions Judge-cum-Special Judge, Kalahandi-Nuapada at Bhawanipatna taking cognizance of offence under Sub-section (1)(v)(x)(xv) of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 punishable under Sub-section (2)(vii) thereof read with Sections 294, 506 (II)/34, I.P.C., Sections 500/323/354, IPC in I.C.C. No. 1 of 1994 and the subsequent order dated 26.9.1994 directing issue of summons to the petitioners are the subject-matter of challenge in this application filed under Section 482 of the Code of Criminal Procedure.2. There are two petitioners. Petitioner No. 1- Debaraj Mishra was the Tahasildar, Dharamgarh and Petitioner No. 2 - Maheswari Prasad alias Maheswari Das was the Executive Officer, Junagarh Notified Area Council, Junagarh at the relevant time. Opposite parties 1 and 2 are the complainants in the aforesaid I.C.C. No. 1 of 1994 which was not only filed against the petitioners but also ag...
Smt. Puspa Gurang Vs. Joint Assistant Director (Welfare) C.R.P.F. and ...
Court: Orissa
Decided on: Aug-11-1998
Reported in: 86(1998)CLT379; 1998(II)OLR373
Susanta Chatterji, J.1. This is a very unfortunate case indeed. The facts of the case shock the judicial conscience of this Court. Petitioner Smt. Puspa Gurang, wife of Late Chhatra Bahadur Gurang, has filed this writ application seeking the following reliefs :'........that Hon'ble Court shall be gracious enough be admit the writ application and to issue a writ of mandamus by way of directing opposite parties 3 and 4 to produce the related particulars in up-to-date of her missing husband;AndThe Hon'ble Court equally be gracious enough on the score of non-production of authenticated details of her missing husband and direct opposite party No. 1 to extend rehabilitation employment of Class IV under opp. party No. 3 including the appropriate compensation towards irreparable mortal loss of her husband to neutralise mental hardship and anxieties;AndIn addition to the same the substantial effective financial measure may be taken for the release of the total termination benefits of her from t...
Parwati Dash Vs. Central Administrative Tribunal and ors.
Court: Orissa
Decided on: Aug-11-1998
Reported in: 1998(II)OLR422
A. Pasayat, J.1. Two applications were filed before the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called 'the Tribunal') relating to claims in respect of a deceased employee of the Postal Department.While Original Application No. 370 of 1996 was filed by the present petitioner-Parwati Dash, Original Application No. 584 of 1996 was filed by opposite party No. 8. Santilata Dash. Both claimed to be legally married wives of one Shaktidhar Dash (hereinafter referred to as 'the deceased'), who, while working as the Sub-Post Master of Chandikhol under Cuttack North Division, died on 10.4.1995. Santilata filed the application claiming family pension and other benefits and along with the application she enclosed a Decided on 11th August, 1998. legal heir certificate dated 14.8.1995 issued, by the Tahasildar, Dharmasala, which contained five persons including the present petitioner and opposite party No. 8 and three children, namely, Puspalata, Jitendra and Rajendra as...
Kirtan Behari Acharya Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-10-1998
Reported in: 1998(II)OLR295
P.K. Misra, J.1. Plaintiff is the appellant against a reversing decision in a suit for declaration of title and confirmation of possession over the plaint 'A' schedule property and for a direction to correct the Tenant's Ledger in favour of the plaintiff.2. Briefly stated, the plaintiff's case is as follows.One Mandar Dehury had sold Ac. 0.08 decimals of land in Khata No. 28 in mouza Dhananjayapur including the disputed land by registered sale deed dated 27.10.1941 to the plaintiff and delivered possession. The plaintiff continued to remain in possession of the disputed 'A' schedule property. Subsequently, the plaintiff discovered that the disputed land had been recorded in the name of Kapileswar Mahadev, and the ex-proprietor of Sukinda had submitted the Tenancy Ledger in the name of the aforesaid deity. The plaintiff enquired from the Raja of Sukinda who was the ex-proprietor and the latter had executed a registered Nadabi Patra on 23.5.1978 in respect of 'A' schedule property in fav...
Mardia Instrument Corporation Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-10-1998
Reported in: 1998(II)OLR530
S.N. Phukan, C.J.1. The petitioner is a Corporation with Headquarters at Vijayawada and is registered at Vijayawada under the appropriate State law as well as under the Central Sales Tax Act. 1957 for carrying on business of sale and supply of laboratory equipments, weighing scale and other general items. The Project Co-ordinator-cum-Deputy Secretary to Government of Orissa, Women and Child Development Department, opposite party No. 2, published a tender notice on 28.8.1992 inviting offers for supply of 21,877 number of weighing scales for weighment of babies and children and another 21,877 number of weighing scales for weighment of adults with 100 Kg, capacity. In response to the said notice, the petitioner submitted its tender, which was accepted and the petitioner was asked to supply 30 number of each of the weighing scales to the State Headquarters as sample for signing the contract. The samples were also accepted and thereafter the petitioner entered into an agreement with the Pan...
Khadali Sahu Vs. Nalli Sahuani and ors.
Court: Orissa
Decided on: Aug-10-1998
Reported in: 1998(II)OLR336
P.K. Misra, J.1. This Civil Revision appears to be a sequel to Civil Revision No. 141 of 1998 which has been disposed of today.2. In a pending suit for partition and declaration of title, various applications were filed on behalf of the plaintiff. All those applications were rejected by the trial Court by order dated 23.4.1998. Against the said order Civil Revision No. 141/98 had been filed which has been disposed of. After rejection of those petitions, on the next date, i.e. on 24.4.1998, the plaintiff filed an application for adjournment of the hearing of the case to enable him to file revision against the order dated 23.4.1998. The said petition was rejected by the trial Court on the ground that there was no provision under the Code of Civil Procedure to grant adjournment to a party to enable him to file revision against an interlocutory order. After rejecting the petition on the aforesaid ground, the trial Court proceeded with the hearing of the case. D.W. 6 was examined on behalf ...
Sri Rabindra Ch. Ray Vs. Smt. Mamatarani Samal
Court: Orissa
Decided on: Aug-10-1998
Reported in: 1998(II)OLR661
ORDERP.K. Tripathy, J.1. 10. 8. 1998 - Heard.2. On consent of both the parties, the above noted two revisions are disposed of at the stage of hearing on admission by this common order.3. The opp. party in Crl Case No. 132/89 under Section 125, Cr.P.C. of the Court of J.M.F.C., Bhadrak, has preferred these two Revisions, i.e., Crl. Revision No. 213 of 1997 and Crl. Revision No. 520 of 1997. In Crl. Revision No. 213 of 1997 he has challenged the order dated 17.4.1997 passed by the learned Addl. Sessions Judge, Bhadrak in Crl. Revision No. 60 of 1993, In Crl. Revision No. 520 of 1997 he has challenge the order dated 21.10.1997 passed by learned S.D.J.M., Bhadrak in Misc.Case No. 61 of 1995 under Section 128, Cr.P.C.4. The facts which are relevant for the present purpose are noted herewith. Petitioner is the husband of the opposite party. Her case under Section 125, Cr.P.C. was that petitioner was an impotent and when she pointed out that fact, she was assaulted and was driven out. Accordi...
Ramgopal Dhal Vs. Life Insurance Corporation of India
Court: Orissa
Decided on: Aug-07-1998
Reported in: 1998(II)OLR283
P.K. Misra, J.1. The defendant, judgment-debtor, has filed this civil revision challenging the legality of the order dated 16.5.1997 passed by the Civil Judge (Sr.Divn.), Ind Court, Cuttack, in Execution Case No. 7 of 1985.2. Though the counsel for both the parties have addressed on several questions, in view of the order proposed to be passed, it is not necessary to notice the contentions raised by the counsel for the parties, nor it is necessary to detail the facts of the case. The operative portions of the order passed by the executing Court is as follows :'............... Put up on 24.6.1997 when the office is to make fresh calculation. After the calculation is made by the office, the further prayer of the Decree-Holder for his entitlement of the differential amount is to be considered.........'Though, subsequently, the Court observed that the petition is disposed of accordingly, it is obvious that the Court has not passed any final order prejudicially affecting the rights of the p...
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