Orissa Court November 1999 Judgments
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Benudhar Tanty Vs. Sunabati Alias Nalini Dei
Court: Orissa
Decided on: Nov-22-1999
Reported in: 89(2000)CLT783; 2000(I)OLR63
P.K. Mohanty, J.1. This is an appeal against the order of the learned Judge, Family Court, Rourkela passed in a petition filed Under Section 128 of the Code of Criminal Procedure, directing enforcement of an order of maintenance in favour of the respondent-wife passed Under Section 125, Cr.P.C.2. The short facts of the case is that an order Under Section 125, Cr.P.C. was passed in Misc. Case No. 19 of 1991 against the appellant on 8.8.1991 directing him to pay monthly maintenance of Rs. 250/- with effect from 25.5.1989. The appellant-husband having not complied with the order and having defaulted in payment, the respondent filed an application Under Section 128, Cr.P.C. for enforcement of the order of maintenance. The appellant appeared before the learned Judge, Family Court and filed his show cause denying his liability on several grounds. In course of the proceeding, a reconciliation was attempted and the appellant and the respondent filed a joint petition on 10.1.1992 to the effect ...
Rabindra Kumar Dash and anr. Vs. Smt. Banalata Dash Alias Devi and anr ...
Court: Orissa
Decided on: Nov-22-1999
Reported in: 2000(I)OLR9
P.K. Misra, J.1. Defendants 1 and 2 have filed this appeal against the decision of the Subordinate Judge granting probate in respect of the Will executed by deceased Haripriya Dash.2. Plaintiff is the only daughter of the deceased, whereas the two appellants are his sons. It was pleaded in the application that the testator executed a registered Will on 22.4.1968 in favour of the plaintiff being satisfied with the services rendered by the plaintiff during illness of the testator. It was further claimed that the Will was attested by the defendants (the two sons of the deceased). The Will was in respect of only one item of property belonging to the testator.3. Objection was filed on behalf of defendants 1 and 2 who denied the allegations in the application. It was claimed that the Will was obtained by exercising undue influence and coercion on deceased Haripriya. It was further stated that the Will had not been properly attested.4. The widow of the deceased who had been arrayed as defenda...
Kibati Naik Vs. Baleswar Naik and ors.
Court: Orissa
Decided on: Nov-19-1999
Reported in: 2000(I)OLR122
P.K. Misra, J.1. The plaintiff has filed this appeal against a reversing decision.2. Suit was filed for declaration of title, confirmation of possession and injunction in respect of 'B' Schedule property. The inter se relationship between the parties as reflected in the genealogy is extracted hereunder:Usat Naik|--------------------------------------------------| | | |Hata Nanda Tetanga Kheda| | || | |Hemabati Chandan Baleswar (D-1)(daughter) =Kiabati |(Plaintiff) || ------------------------------------------|| | |Manichandra Ramachandra Narasingha(D-2) (D-3) (D-4) 3. Plaintiff's case is as follows :'A' Schedule land was the joint family property of the four brothers, Hata, Nanda, Tetanga and Kheda. 'A' Schedule property was partitioned in the year 1937. The properties in village Kadelmunda fell to the share of Nanda and Tetanga whereas the properties at Saletikra fell to the share of Hata and Kheda in two equal share. Tetanga having died issueless, his share was passed on to Chandan, ...
Sebati Dei Alias Sebati Rautray Vs. Orissa State Housing Board and ors ...
Court: Orissa
Decided on: Nov-19-1999
Reported in: 89(2000)CLT369; 2000(I)OLR134
P.K. Misra, J.1. Defendant No. 1 is the appellant. Plaintiff- respondent No. 1 filed the suit for declaration of title and for a declaration that defendant No. 1 has not derived any right over the disputed property under the alleged Hata-Patta granted by ex-landlord of Rajakanika Estate and that the ex parte decree obtained by defendant No. 1 in Title Suit No. 5/88 against proforma defendants 2 to 4 (present respondents 2 to 4) is void and not binding on the plaintiff and proforma defendant No. 5 (respondent No. 5). The disputed land is Ac. 7.500 decimals from Plot No. 218, Khata No. 303 of Mauza Chandrasekharpur and is presently recorded as separate plot No. 258/2020 in Hal Khata No. 610.2. Plaintiff is a statutory body established under the Orissa State Housing Board Act, 1968. Plaintiffs' case is as follows : The disputed 'A' Schedule property belonged to ex-landlord Madhusudan Deb of Patia Estate which was recorded in his name as Anabadi Khata No. 303, Plot No. 218 in the Settlemen...
Abhimanyu Sahu Vs. Narayan Chandra Sahu and ors.
Court: Orissa
Decided on: Nov-18-1999
Reported in: 2000(I)OLR85
P.K. Misra, J.1. Plaintiff has filed this appeal. The suit was filed for partition of properties as described in Ka, Kha, Ga and Gha Schedules of the plaint. The plaintiff's prayer for partition has been accepted by the trial Court in respect of Lot Nos. 1 and 3 of Ka Schedule and Lot Nos. 1 and 4 of Kha Schedule. The prayer for partition has been rejected in respect of Lot. No. 2 of Ka Schedule and in respect of the entire Ga and Gha Schedule properties. So far as Lot Nos. 2, 3, and 5 of Kha Schedule are concerned, it has been held that the plaintiff alone is entitled to such properties. The plaintiff is aggrieved by the refusal of the trial Court to partition Lot No. 2 of Ka Schedule and Ga and Gha Schedule properties. The decree of the trial Court in respect of other properties having not been challenged by any of the parties has become final and the present appeal is confined only to Lot No. 2 of Ka Schedule and Ga and Gha Schedule properties.2. The cases of the rival parties relat...
Goura Gobinda Das and Kamala Kanta Padhi Vs. State of Orissa
Court: Orissa
Decided on: Nov-18-1999
Reported in: 2000CriLJ1978; 2000(I)OLR38
P.K. Patra, J.1. These two Criminal Appeals are directed against the judgment dated 9.2.1994 passed by the Special Judge-cwm-Sessions Judge, Korapt, Jeypore in S.C. No. 192 of 1993, convicting the two appellants under Section 332/34 of the Indian Penal Code (for short 'IPC') and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and sentencing them to undergo rigorous imprisonment for six months on each count with direction that the sentences will run concurrently. The appellants have been acquitted of the charge under Section 307/34, IPC road with Section 3(2)(v) of the Act.2. Mr. Manoj Misra, learned counsel for the appellants, and the learned Addl. Standing Counsel for the State were heard at length.3. Prosecution case in brief may be stated as follows :In the night of 4.1.1993, P. Sethi (P.W.5), S.I. of Police attached to Rayagada PS. and belonging to Scheduled Caste being 'Dhoba' by caste a...
Ratnamani Badu Vs. Purna Chandra Badu
Court: Orissa
Decided on: Nov-18-1999
Reported in: 2000(I)OLR45
P.K. Misra, J.1. Plaintiff has filed this appeal against the reversing decision.2. The original suit was filed by Bamadeb Badu for declaration that the registered deed of gift dated 17.1.1983 is void and not binding on the plaintiff and for declaration that defendant is not the adopted son of the plaintiff. Subsequently, on the death of the original plaintiff, present plaintiff was substituted as the sole legal representative. Thereafter, the petition for amendment of the plaint was filed.3. The case of the plaintiff as per the amended plaint is as follows :Late Bamadeb Badu, the original plaintiff, is the paternal uncle of the plaintiff. He was an old, helpless person suffering from blurred vision since last six years. His wife had died about thirty-five years back and his old mother had expired ten years back and his only son Gunanidhi had died thirteen years back. The defendant is related to late Bamadeb Badu as an agnetic nephew. Taking advantage of the helplessness of late Bamadeb...
Prasanna Kumar Das Alias Prasanna Das Vs. Sudarsan Sethy
Court: Orissa
Decided on: Nov-17-1999
Reported in: 89(2000)CLT411; 2000(I)OLR37
P.K. Misra, J.1. One of the accused persons in ICC Case No. 58/96 has filed this application under Section 482, Code of Criminal Procedure (in short, the 'Cr.P.C'), for quashing the order dated 30.5.1996, whereunder the Sub-Divisional Judicial Magistrate (in short, the 'S.D.J.M.'), Bhubaneswar, directed to issue process against the accused persons including the present petitioner on the ground that prima facie an offence under Section 307, India Penal Code, (in short, the 'I.PC') had been made out.2. Several points had been urged but the learned counsel appearing for the petitioner in support of his prayer for quashing the order. However, it is unnecessary to notice all such contentions as the petition is to be allowed on a short point relating to non-compliance with the provisions contained in section 202(2), Cr.P.C. There is no doubt that the allegations in the complaint petition prime facie disclosed an offence, inter alia, under Section 307,1.P.C. An offence under Section 307,1.P.C...
Prafulla Kumar Behera Vs. Sardar Karnal Singh and ors.
Court: Orissa
Decided on: Nov-15-1999
Reported in: 2000(II)OLR148
ORDER1. The present appellant had filed claim case claiming compensation for injuries sustained by him in a motor accident. The Tribunal awarded a sum of Rs. 1,000/- and directed that the said amount should be paid by the United India Insurance Company Ltd. Being dissatisfied with the quantum, the present appeal was filed. Unfortunately, however, at the time of filing the appeal, 'New India Assurance Company' was impleaded as a respondent instead of the United India Insurance Company Ltd. The defect was also not pointed out by the office. The appeal was allowed on 18.8.1994 and it was directed that a sum of Rs. 6,000/- should be paid as compensation. It was further directed that the said amount should be paid by the Insurer. Subsequently, it was discovered that by mistake, New India Assurance Company had been impleaded as a party. Therefore, present application has been filed by the appellant for impleading United India Insurance Company Ltd. as a party obviously with a view to give di...
Mallika K. (Smt) Vs. Executive Engineer, Potteru Irrigation Division
Court: Orissa
Decided on: Nov-12-1999
Reported in: 2001ACJ712; (2000)IIILLJ678Ori; 2000(I)OLR310
P.K. Misra, J.1. The claimant has filed this appeal against the decision of the Workmen's Compensation Commissioner, Jeypore (in short, the 'Commissioner') rejecting an application for compensation.2. The claimant applicant is the widow of late K, Bhagirathan, who was working as an Assistant Store Keeper under the respondent. The deceased had gone from Balimela to Hirakud for collecting materials for the project. It appears that the deceased was admitted to V.S.S. Medical College & Hospital, Burla on February 2, 1981 subsequently died there on February 16, 1981. An application for compensation was filed by the widow on the ground that the death was caused due to an accident arising out of and in course of employment. The respondent in written statement stated that the deceased was admitted to hospital on February 2, 1981 and was operated as there was perforation of the peptic ulcer and subsequently he had died. It was claimed inter alia, that the death was not on account of any acciden...
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