Orissa Court January 1999 Judgments
Bagula Naik Vs. State of Orissa
Court: Orissa
Decided on: Jan-15-1999
Reported in: 87(1999)CLT808; 1999CriLJ2077
ORDERP.K. Tripathi, J. 1. Accused in Sessions Trial No. 232 of 1992 has filed this revision challenging the order of conviction for the offence Under Section 363, IPC as per the trial court's judgment dt. 22-11-1993 and the confirming judgment of the Sessions Judge, Cuttack in Cri. Appeal No. 145 of 1993 vide judgment dt. 6-7-1994.2. Prosecution case in short is that Pravasini Samal (P.W. 3) daughter of the informant Rabi Narayan Samal (P.W. 1) and then a student of Class VI on 23-8-1991 was playing after returning from School and when P.W. 1 scolded to discipline her, she ran away from the house. At College Square in Cuttack town, petitioner assured her to take her to her aunt's house, which is situated about 500 metres from his house, took P.W. 3 and confined her in his house. Thereafter under threat he took her to Athgarh and after obtaining signature on some papers brought back her after which Police got custody of P.W. 3, who according to her father (P.W. 1) was aged about 12 year...
Tag this Judgment!General Manager, Kores (India) Ltd. and ors. Vs. Presiding Officer, La ...
Court: Orissa
Decided on: Jan-14-1999
Reported in: 88(1999)CLT78; (2000)ILLJ467Ori
R.K. Dash, J. 1. Order of the learned Presiding Officer, Labour Court, Sambalpur, passed in Industrial Misc. Case No. 28 of 1994 computing the entitlement of subsistence allowance of opposite party No. 2 has been assailed in this writ petition. 2. For better appreciation of the questions involved, a few facts giving rise to the initiation of the aforesaid Misc. Case may briefly be stated thus: Opposite party No. 2 while working as a Technician in Kores India Limited, Rourkela office, was placed under suspension with effect from February 15, 1993 and till the filing of the case before the Labour Court he was still under suspension. Since his employer did not pay his subsistence allowance he raised an industrial dispute before the District Labour Officer, Rourkela, whereupon a conciliation proceeding was initiated where he begged apology and consequently his employer agreed to reinstate him in service with all backwages. But he was neither reinstated nor paid backwages. This led the oppo...
Tag this Judgment!State of Orissa Vs. Adikanda Patra
Court: Orissa
Decided on: Jan-08-1999
Reported in: 1999(I)OLR266
P.K. Misra, J.1. State of Orissa, the defendant in Money Suit No. 12 of 1979, has filed this appeal against the decision of the Subordinate Judge, Kondrapara, decreeing in part the suit for realisation of money filed by the plaintiff-respondent. Cross-objection has been filed by the plaintiff respondent claiming further amount.2. The plaintiff is a Contractor. He filed the suit for realisation of Rs. 1,66,179/- along with pendente lite and future interest. It is his case that pursuant to a Tender Notice floated by the Executive Engineer, Irrigation Division, Kendrapara, for closing the breach in the feeder channel of Gobari Canal, he was telegraphically directed on 4-12-1975 by the Executive Engineer to start the earth work immediately for closing the breach. Pursuant to the said telegraphic instruction, the plaintiff undertook the work and subsequently the work was stopped on 12-1-1976 after receipt of telegram from the very same Executive Engineer. The work which was already done by ...
Tag this Judgment!Mohammed HussaIn Vs. Ekram Khan and ors.
Court: Orissa
Decided on: Jan-08-1999
Reported in: AIR1999Ori151; 87(1999)CLT565
P.K. Tripathy, J.1. In this application under Articles 226 and 227 of the Constitution of India, two substantial prayer of the petitioner are as follows ;(1) 'On submission of their show-cause be pleased to issue a writ in the form of certiorari to quash the judgment/decree contained in Annexures 5 and 8;' (ii) 'be pleased to further direct the opposite party No. 9 to decide T. S. No. 47/92; afresh in accordance to law.' 2. A detailed narration of the facts is not necessary but a short reference would suffice the purpose. Petitioner filed O. S. No. 92 of 1983-1 in the Court of munsif, Bhubaneswar (Presently), designated as Civil Judge (Junior Division). That suit was filed against opposite party No. 8 as the solitary defendant and describing him as a tenant of the suit house, Prayer was made for his eviction. Opposite party No. 8 conlesled the suit denying the title of the plaintiff over the suit house. Opp. party No. 8 asserted that late Bokhari Khan (father of opposite parties 1 to 7...
Tag this Judgment!Sardar Surjit Singh Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-08-1999
Reported in: 87(1999)CLT312; 1999(I)OLR242
A. Pasayat, J.1. Expressing doubt about correctness of certain conclusions arrived at by a Division Bench of this Court in Mahadev Sasmal alias Samal and Ors. v. State of Orissa and other ; 1991 (I) OLR 374, another Division Bench has referred the matter to the Full Bench to test correctness of the earlier decisions.2. Dispute relates to scope and ambit of Section 8 of Orissa Land Reforms Act, 1960 (in short, the 'Act'). View with which latter Division Bench did not concur has been expressed in Mahadev Sasmal's case (supra), in the following terms :'Sec. 8 of the Act is a provision laying down the grounds of eviction of a raiyat. This provision, which declares the grounds does not state the machinery to put such grounds into implementation. Necessary provision for their implementation in Section 12 which contemplates that an application is to be made by the landlord before the Revenue Officer in the prescribed manner within sixty days from the date on which the dispute arises and that ...
Tag this Judgment!Subnam Ara Bibi Alias Subnun Bibi Vs. Malik Babar Ali
Court: Orissa
Decided on: Jan-08-1999
Reported in: 1999CriLJ1684; 1999(I)OLR376
P.K. Tripathy, J.1. This criminal revision had been preferred by the petitioner against the order dated 19.11.1997 in Misc. Case No. 50 of 1997 Under Section 125, Cr. P.C. of the Court of S.D.J.M., Bhadrak.2. Petitioner claiming to be the legally married wife of the opposite party and alleging ill-treatment, cruelty and desertion and pleading about her incapacity to maintain herself filed the application Under Section 125, Cr. P.C. for monthly maintenance on the ground that opposite party has sufficient means to maintain her. In her application she stated that their marriage was solemnised on 26.4.1994, there was intermittent ill-treatment and cruelty and ultimately in May, 1996 she was compelled to leave the house of opposite party on account of ill-treatment and cruelty. She filed the application Under Section 125, Cr. P.C. on 21.3.1997.3. Opposite party on receipt of show cause notice entered appearance on 8.5.1997 and filed his objection. In that objection denying to the date of ma...
Tag this Judgment!Surasen Dalabehera Vs. Rama Naik and anr.
Court: Orissa
Decided on: Jan-08-1999
Reported in: 1999(I)OLR228
P.K. Misra, J.1. Defendant No. 1 has filed this appeal against the decision of the Subordinate Judge, Phulbani, decreeing in part the suit declaring that defendant No. 1 has no right in the suit property conveyed to him by defendant No. 2 in a registered deed of gift dated 11.7.1977 and permitting the plaintiff to recover possession of the disputed land.2. Plaintiff-respondent No. 1 filed a suit for declaration that defendant No. 1 has no right over the disputed property, for recovery of possession and for permanent injunction. Chandra Dalabehera and Buti Dalabehara were two brothers. Plaintiff is the daughter of Chandra Dalabehera through first wife, whereas defendant No. 2 is the second wife of Chandra Dalabehera. Defendant No. 1 is the grandson of Buti Dalabehera. As per the plaintiff's case, the disputed property belonged to Chandra Dalabehera and was jointly inherited by plaintiff and defendant No. 2 after the death of Chandra Dalabehera in the year 1976. There was no partition be...
Tag this Judgment!Trinath Sethi and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-08-1999
Reported in: 88(1999)CLT47; 1999(I)OLR472
P.K. Tripathy, J.1. In this application Under Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code') petitioners have prayed to quash the order dated 30.9.1997 passed by learned S.D.J.M., Berhampur in G.R. Case No. 506 of 1997 where petitioners are the accused persons and opposite party No. 2 is the informant and opposite party No. 1 the State of Orissa is the Complainant/Prosecutor.2. Petitioners and opposite party No. 2 are the employees under the Telecom Department and by 2.5.1997 all of them were posted at Berhampur. Opposite party No. 2 lodged FIR alleging that in the night of 2.5.1977 while he was on duty inside the Exchange, petitioners came and picked up quarrel with him. He sent intimation to his sister, a co- employee, who arrived there with their nephew and petitioners in furtherance of that quarrel assaulted opposite party No. 2, his sister and nephew and in that process also outraged the modesty of his sister. The said FIR led to registration of G.R. Case ...
Tag this Judgment!Bimbadhar Behera Vs. Smt. Pratimarani Behera and anr.
Court: Orissa
Decided on: Jan-08-1999
Reported in: 87(1999)CLT320; I(1999)DMC717
P.K. Tripathy, J.1. Order dated 13.9.1996 in Misc. Case No. 168 of 1991 under Section 127 of the Code of Criminal Procedure, 1973 (in short, 'the Code') of the Court of S.D.J.M., Balasore is under challenge in this revision.2. Undisputed facts in the case are that petitioner and the opposite party No1 are the husband and the wife and opposite party No. 2 is their daughter. Petition under Section 125 of the Code vide Criminal Misc. Case No. 1 /93 of 1982 filed by the opposite party claiming maintenance was allowed on 1.6.1993 and monthly maintenance of Rs. 150/- and Rs. 70/- was ordered to be paid to opposite party Nos. 1 and 2 respectively. On the grounds of increase of the cost of daily use commodity and hike in the cost of living on 3.7.1991 petition under Section 127 of the Code for enhancement of monthly maintenance was filed by the opposite parties which was registered as Misc. Case No. 169 of 1991. During pendency of that Misc. Case opposite party No. 2 married and therefore, pet...
Tag this Judgment!Rankanidhi Behera Vs. Jayanti Sahoo
Court: Orissa
Decided on: Jan-08-1999
Reported in: 87(1999)CLT335; II(1999)DMC578
ORDERP.K. Tripathy, J.1. Both the aforesaid revisions have been heard analogously and disposed of by this judgment.2. Opposite party No. 1 for herself and on behalf of opposite parties 2 and 3 who were the minor children, filed petition under Section 125(3), Cr. P.C. claiming for maintenance from the petitioner on the ground that she and opposite parties 2 and 3 born out of the wedlock were ill-treated and deserted by the petitioner though he is capable of maintaining them having sufficient means. That application was registered as Crl. Misc. Case No. 74/89 in the Court of A.D.J.M., Jaipur. Later on it was transferred to the file of Judge, Family Court, Cuttack and registered as Crl. Proceeding No. 388 of 1991. Petitioner contested that case. In his show cause he admitted the relationship, but refused to pay maintenance on the ground that opposite party No. 1 is leading an adulterous life with one Mina Behera and voluntarily deserted him. In support of their respective cases both the p...
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