Orissa Court October 1999 Judgments
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Smt. Puspalata Das Alias Moharana Vs. Muralidhar Bhol
Court: Orissa
Decided on: Oct-15-1999
Reported in: 89(2000)CLT457; 1999(II)OLR637
P.K. Misra, J.1. In Civil Revision No. 195/99, the plaintiff has come up in revision under the following circumstances : She had filed Title Suit No. 398/96 for declaration of right, title and interest over the disputed property and for further declaration that the registered sale deed No. 4181 dated 27.12.1995 is null and void and for permanent injunction against the present opposite party and Bijayalaxmi Das as defendants. During the pendency of the said suit, he filed an application numbered as Misc. Case No. 379/96 under Order 39, Rules 1 and 2, read with Section 151, CPC against the present opposite party for interim injunction. The trial Court by its order dated 28.9.1996 directed both parties to maintain status quo in respect of the 'C' schedule property which order was being continued from time to time. Subsequently, the suit including the application for injunction was transferred to the Court of the 2nd Addl. Civil Judge (Senior Division), Cuttack, for disposal. The trial Cou...
State of Orissa and ors. Vs. Lingaraj Panda and anr.
Court: Orissa
Decided on: Oct-15-1999
Reported in: 2000(I)OLR125
P.K. Misra, J.1. Defendants are the appellants against a reversing decision.2. Plaintiff-respondents filed the suit for declaration that they are the tenants/occupancy raiyats over the disputed property which consists of Ac. 20.00 of land appertaining to plot No. 4705, Khata No. 1074 of 1974 Settlement corresponding to Plot No. 1725, Khata No. 918/21 of the 1931 Settlement, in village Gadakana, which is now part of Bhubaneswar municipal area. According to the plaintiffs, the disputed property belonged to Choudhury Keshab Chandra Mohapatra who was the proprietor and raiyat over the same. In 1945, the latter entered into a contract with the plaintiffs and inducted them as tenants and delivered possession and in token thereof executed a lease deed in the year 1948. On and from the date of induction, the plaintiffs demarcated the same and continued to possess the disputed land on payment of rent in the office of the landlord. It is claimed that though the land was recorded jointly in the n...
Hindustan Aeronautics Limited, Koraput Division Vs. Shri B.N. Das, Das ...
Court: Orissa
Decided on: Oct-14-1999
Reported in: 2000(I)OLR102
P.K. Misra, J.1. Defendant has filed this revision against the order of the Civil Judge (Senior Division), Jeypore, in O.S. No. 53/95. The said suit relates to a proceeding under Sections 30 and 33 of the Arbitration Act. The case had been posted to 6.9.1999 for hearing. The defendant-petitioner had produced one M.L. Malviya as witness. Soon after the examination of the said witness had commenced, the plaintiff filed an application raising objection to the witness being examined on the ground that the case had been posted for examination of other witnesses and defendant had not indicated the name of M. L. Malviya in the witness list. The trial Court after hearing both sides passed an order on 14.9.1999 accepting the contention of the plaintiff. The trial Court directed that the portion of the evidence already recorded shall be expunged and the defendant shall not be permitted to further examine M. L. Malviya. The trial Court also did not permit the defendant to examine any other witnes...
Rankanidhi Padhi Vs. Kondha Nayak
Court: Orissa
Decided on: Oct-13-1999
Reported in: (2000)IIILLJ1456Ori; 2000(I)OLR70
P.K. Misra, J.1. The respondent had filed W.C. Case No. 130/1991 in the Court of the Commissioner for Workmen's Compensation/ Ganjam, Bcrhampur (in short, the 'Commissioner') claiming compensation on account of the death of her daughter on the allegation that the deceased had died in an accident arising out of and in course of employment while working asa labourer in the, rice mill belonging to thepresent appellant. The present appellant hadfiled written statement denying the allegations.The Commissioner has awarded a sum of Rs.24,957.60 paise as compensation.2. In this appeal, it is contended by the appellant that the Commissioner has not given reasonable opportunity of hearing to the present appellant and the award has been passed illegally.3. A perusal of the order-sheet indicates that after examination of P.W. 1. the case was being posted for cross-examination of P.W. 1 on several dates, but the case was being adjourned for some reason or the other. Ultimately, on December 26, 1994...
State of Orissa and ors. Vs. Debendranath Mohapatra
Court: Orissa
Decided on: Oct-12-1999
Reported in: 1999(II)OLR623
P.K. Misra, J.1. Defendants have filed the appeal against the decree of the trial Court directing payment of Rs. 26,223/- with proportionate cost and pendente lite and future interest at the rate of six per cent on sum of Rs. 15,941/-.A Cross-objection has been filed by the plaintiff-respondent claiming further sum of Rs. 37,304.90 paise from the defendants.2. The suit was filed for realisation of Rs. 66,011/-. There is no dispute that the plaintiff, a contractor, had been entrusted to do the work relating to 'Water Supply and Sanitary Installation in the Utkal Bhavan, Calcutta' and a Contract in Form-F2 was executed on 21.9.1966. It is claimed that plaintiff completed the work under the supervision of the authorised Engineers. The then Executive Engineer after verification of the measurements endorsed his satisfactory remark in the Measurement Book on 16.11.1967 and on the following day, the plaintiff handed over the work to the S.D.O., who took charge of the work on behalf of the Dep...
Sarat Chandra Sahu Vs. State of Orissa
Court: Orissa
Decided on: Oct-12-1999
Reported in: 1999(II)OLR608
R.K. Dash, J.1. The accused, appellant herein, faced trial under Section 302 of the Indian Penal Code (in short, '1PC') for allegedly having committed murder of Buli Sahu (hereinafter referred to as 'deceased'). The learned Sessions Judge, Cuttack, on appreciation of evidence led during trial, held the accused guilty of the charge and subsequently sentenced him to undergo imprisonment for life.2. FACTUAL MATRIX : The accused had evil eye on the deceased and was making overtures towards her. On 13.12.1990 he came to her house and articulated his desire to her mother - Jhali Dei, PW 2 that he will kidnap and forcibly marry her. To this, PW 2 objected and called Panu Sahu (PW 1), her husband's brother, and disclosed the intention of the accused. PW 1 reprimanded the accused whereupon he left the place. PW 2 then went to Saar Sahi to send for her husband, who had gone to Cuttack and asked PW 1 to keep watch over the deceased. Some time after PW 1 went for urination and the meanwhile he hea...
V. Sarmista and ors. Vs. Board of Secondary Education and anr.
Court: Orissa
Decided on: Oct-12-1999
Reported in: 89(2000)CLT397; 2000(I)OLR266
P.K. Misra, J.1. In this writ petition, the petitioners have assailed the regulation regarding admission to One-year Correspondence Course or the High School Certificate Examination, 2000 framed by the Board of Secondary Education (hereinafter referred to 'as 'the Board') so far as it stipulates a minimum period of two years gap for a student passing Class-VII and one year gap for a student passing Class-VIII to make him eligible to take admission to the said course. According to the petitioners, the above regulation is in clear violation of the provisions of the Orissa Secondary Education Act, 1952 as well as Article 14 of the Constitution of India. They have, therefore, prayed to quash the same.2. Section 11 of the Orissa Secondary Education Act, 1952 empowers the Board, inter alia, to admit candidates to its examinations in accordance with regulations. Section 21 of the said Act enables the Board to frame regulation for giving effect to the provisions of the Act, which includes the ...
Muktinath Sharma Vs. State
Court: Orissa
Decided on: Oct-08-1999
Reported in: 2000(I)OLR32
L. Mohapatra, J.1. The petitioner in this revision assails the judgment and orders passed by the courts below convicting him Under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'the N.D.P.S. Act') and sentencing him to imprisonment for a period of six months and to pay a sum of Rs. 500/-, in default, to serve further simple imprisonment for fifteen days.2. The case of the prosecution is that on 19.5.1988 at about 11.30 p.m., the petitioner was found carrying a leather suit case on Jharsuguda Railway station platform and on being searched by S.I. of Excise, Intelligence Branch, Jharsuguda it was found that the said leather bag carried by the petitioner contained 6,500 kgs of non-duty paid Ganja. On demand, it is further alleged that the petitioner could not produce any authority to possess the said quantity of Ganja and therefore, he was arrested and produced before the learned S.D J.M., Jharsuguda along with the prosecution report a...
Mrs. Monika Acharya Vs. State of Orissa
Court: Orissa
Decided on: Oct-08-1999
Reported in: 2000(I)OLR299
ORDERC.R. Pal, J.1. Heard Shri B. P. Ray, the learned counsel for the petitioner and Shri S.K. Nayak, the learned Addl. Standing Counsel for the State.2. This is a petition Under Section 389(2), Cr.P.C. filed by the petitioner, being aggrieved by the order passed by the learned Sessions Judge, Sundargarh, refusing to stay realisation of fine in Criminal Appeal No. 56 of 1999 preferred against the judgment dated 23.7.1999 passed by the learned JMFC, Rajgangpur in 2(c) C.C. Case No. 27 of 1997 (Trial No. 888 of 1997), convicting and sentencing the petitioner Under Section 16(1)(a)(i)(ii) of the Prevention of Food Adulteration Act, 1954, to pay a fine of Rs. 5,000/- and in default to undergo S.I. for one year. The petitioner preferring the aforesaid appeal, moved the learned Sessions Judge for stay of realisation of fine amount. But the learned Sessions Judge refused to grant stay on the ground that Section 424, Cr.P.C. is applicable to the case, and as such, no stay of realisation of fin...
Mrs. Gayatri Mishra Vs. Pramod Kumar Nanda
Court: Orissa
Decided on: Oct-08-1999
Reported in: 88(1999)CLT761; I(2000)DMC102
P.C. Naik, J. 1. Aggrieved with the decree of divorce passed by the Judge, Family Court, Cuttack, on a petition filed by the husband, the wife has preferred this appeal.2. On 26.5.1992, the respondent-husband filed a petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (in short, 'the Act') for dissolution of his marriage by a decree of divorce. The case of the husband is that the parties were married according to the Hindu rites and customs on 30.6.1989 and ' stayed together as husband and wife for a period of about eleven days whereafter the wife left for Kendrapara to resume her duties as she was serving there. It is averred that in spite of attempts made by him (the husband) as well as through his relatives, the wife refused to cohabit with him accusing him of impotency and inability to maintain her. According to the husband, non-resumption of conjugal relationship with him by the wife and her failure to come to the matrimonial home amounted to desertion ...
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