Orissa Court April 2000 Judgments
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Nilamani Sahu Vs. Lingaraj Majhi and ors.
Court: Orissa
Decided on: Apr-27-2000
Reported in: AIR2000Ori142
P.K. Mohanty, J.1. The petitioner assails the impugned orders passed by the authorities under the Orissa Land Reforms Act (hereinafter referred to as 'the O.L.R. Act') under Section 23-A of the O.L.R. Act in Annexures 2 to 4.2. The short fact of the petitioner's ease is that opposite parties 1 to 5 arid one Sadasib Majhi (since dead), predecessor-in-interest of opposite parties 6 to 9, filed O.L.R. Case: No. 7 of 1980 before the Revenue Officer under Section 23-A of the O.L.R. Act, inter alia, on the ground that the present petitioner has obtained four Regd. sale deeds dated 18-4-1963, 3-9-1963, 15-3-1965 and 23-3-1965 in respect of Schedule-A properties from opposite party No. 1 and late Nitya Majhi, the predeccssor-in-interest of opposite parties 3 to 9 without prior permission of the Revenue Authorities as required under Section 7(b)(i) of the Orissa Merged States (Laws) Act, 1950 and continuing is illegal and unauthorised possession of the disputed land and as such should be evicte...
Sk. Zahural Islam Vs. Tanweer Jahan Begum and ors.
Court: Orissa
Decided on: Apr-27-2000
Reported in: AIR2000Ori140
ORDERP.K. Patra, J.1. In this civil revision under Section 115 of the Code of Civil Procedure (for short 'C.P.C.') the petitioner has challenged the order dated 17-1 -2000 passed by Sri B. P. C. Pattnaik, Civil Judge (Senior Division) First Court, Cuttack in Title Suit No. 392 of 1997, allowing the prayer of the plaintiff for amendment of the plaint.2. The petitioner is the defendant No. 2, the O.P. 1 is the plaintiff and the other opposite parties are defendants 1 3, 4, 5, 6, 7, 8, 9, 10 and 11 respectively in Title Suit No. 392 of 1997. The plaintiff prayed for partition of the suit properties and rendition of accounts of the Orissa Kohinoor Press (for short 'the press') left behind by late Aminul Islam who died on 10-8-1985, leaving behind the plaintiff and the defendants as his heirs. The defendant Nos. 2, 3 and 4 filed their written statement, inter alia, stating that the plaintiff had no substantial right to claim partition of the properties left by late Aminul Islam. According t...
Mohan Chandra Satapathy Alias Mohan Satapathy and ors. Vs. Chasiram Go ...
Court: Orissa
Decided on: Apr-27-2000
Reported in: 2000(II)OLR29
P.K. Misra, J. 1. Defendants 1 to 4 and 6 have filed this appeal against a confirming decision.2. Plaintiff-respondent No. 1 had filed the suit for declaration of title in respect of the disputed land and the house and for eviction of defendants from the disputed house. Admittedly, one Nitya Goud was the owner of the disputed property. Plaintiff is his son. Nitya Goud had two daughters, Sandhya and Apura (defendant No. 5). Defendants 1 to 4 are the children of Sandhya and defendant No. 6 though she was not carried to defendant No. 6. The plaintiff averred that his father, Nitya Goud, had permitted his two daughters, Sandhya and Apura to live in a portion of the disputed house as they had no other means to maintain themselves and stay in any other place. The plaintiff claims that the married daughters had no right of residence and, as such, they should be evicted from the disputed house.3. Defendant No. 5 did not contest the proceeding. However, defendant No. 6 as the guardian of minor ...
Santilata Dei Vs. Champa Bewa and ors.
Court: Orissa
Decided on: Apr-26-2000
Reported in: 2000(II)OLR156
P.K. Misra, J. 1. Defendant No. 1 is the appellant. Suit was filed for declaration that the plaintiffs are the successors of late Damodar Patra and for injunction against defendant No. 1 seeking to restrain her from availing the service benefits of late Damodar Patra. It is not disputed that plaintiff No. 1 is the mother of Damodar Patra, whereas plaintiff No. 2 is the daughter of Damodar Patra through his first wife. It is alleged by the plaintiffs that the present appellant is no way connected with the family and was not the wife of late Damodar Patra.2. The present appellant filed written statement claiming that after the death of first wife, Damodar had married her. She had also raised the question of maintainability of the suit.3. The trial Court found that the suit was not maintainable. It also found that the present appellant was not the wife of Damodar Patra. This finding was based only on the ground that though there was some evidence relating to marriage, it had not been prov...
Mukte Sa and Ambika Alias Thoro Kisan Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2000
Reported in: 2000(I)OLR600
P.K. Patra, J.1. The appellants Mukte Sa and Ambika Kishan alias Thoro Kishan have been convicted Under Sections 376(2)(g)/34. I.P.C. by Sri P.N. Patnaik, Sessions Judge, Sundargarh in Sessions Trial No. 120/92 and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 2000/- in default to undergo R.I. for two years more.2. The prosecution case runs as follows :On 30.3.1992 the prosecutrix (P.W.I) who was an Anganwadi worker, was returning from village Subdega to her village Rasrajpur in a bus and she got down from the bus at village Katnidiha and after taking over charge of her registers etc. from one Basanti whom she had handed over charge, for a Refresher Course Training while proceeding alone in the jungle road between Barmal and Rasrajpur, at about 3.00 P.M. the appellants overpowered her and committed rape on her one after another by gagging her mouth with a cloth. After satisfying their lust, the appellants left the prosecutrix and went inside the forest and the prosec...
Divisional Manager, United India Insurance Co. Ltd. Vs. Bira Mallik an ...
Court: Orissa
Decided on: Apr-21-2000
Reported in: (2000)IIILLJ1386Ori
ORDERP.K. Misra, J.1. The Insurer has filed this appeal under Section 30 of the Workmen's Compensation Act.2. Claimant-respondent No. 1 filed application before the Commissioner for Workmen's Compensation, Cuttack (in short, the 'Commissioner') on the ground that he had sustained injuries being hit by a motor-cycle on February 7, 1993. It is claimed that he was the Helper in Truck No. OSC 4795 belonging to present respondent No. 3 which was being repaired in a garage and was required to get money from the owner and while he was coming on the road, the motor-cyclist came from behind and dashed against him causing injuries.3. The owner in written statement while admitting the employment and the accident claimed that compensation should be paid by the Insurance Company as the truck had been insured. The Insurance Company filed a written statement denying the allegations made in the claim petition.4. The Commissioner found that the claimant was a workman under the owner in respect of the t...
Arjuna Das Vs. State of Orissa
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000CriLJ3601; 2000(I)OLR574
P.K. Patra, J.1. In this appeal, the judgment dated 4.3.1997 passed by Shri N.P. Rout, First Additional Sessions Judge, Cuttack in Sessions Trial No. 501 of 1995 convicting the appellant Under Sections 498A and 325, I.P.C. and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000.00, in default to undergo rigorous imprisonment for a further period of six months under the first count and to rigorous imprisonment for seven years and to pay a fine of Rs. 5,000.00 in default to undergo rigorous imprisonment for a further period of one year under the second count has been challenged. The above sentences have been directed to run concurrently. The appellant has been acquitted of the charge Under Section 302, I.P.C.2. Prosecution case briefly stated is as follows :In the year 1 982 the appellant had married deceased Budhei alias Kalpana, younger sister of Narendra Mohapatra (P.W.5) and daughter of Brundaban Mohapatra. They were co-villagers being reside...
Prafulla Kumar Patel and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000CriLJ2724; 2000(I)OLR649
L. Mohapatra, J.1. This is an application Under Section 482, Cr. P. C. for quashing the order dated 26.11.1997 taking cognizance Under Section 395, IPC in I CC No. 7 of 1996.2. The case of the petitioners is that they are working as Supervisors in the Kuchinda Co-operative Agricultural Rural Development Bank at Kuchinda which is a Co-operative Bank tinder the Department of Co- operation. Opp. party No. 2 had taken a loan from the said Bank and he defaulted in payment of the instalments. The Assistant Registrar of the Co-operative Societies passed an award of Rs. 4,408.69 in favour of the Bank on 19.2.1994. In spite of the award the opp. party No. 2 did not pay the amount for which an execution was levied against opp. party No. 2 for realisation of the amount under the provisions of the Orissa Co-operative Societies Act, 1962. The Sales Officer-cum-ARCS issued notice to the petitioners in connection with the application for execution and requested them to be present on 27.2.1996. On get...
Bhursa Alias Bhursa Kira Alias Prahallad Mallik Vs. State
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000CriLJ2722; 2000(II)OLR110
P.K.Patra, J.1. The appellant has been convicted under Section 376, IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 300.00, in default to undergo rigorous imprisonment for a further period of one year by Shri K.M.Das, learned Assistant Sessions Judge-cum-Civil Judge (Senior division), Nuapada, vide judgment dated 24.6.1995 in Sessions Case No. 7/2 of 1995. The said judgment has been assailed in this appeal.2. Prosecution case, briefly stated, is as follows :On 12.10.1994 at about 6.00 p.m. the prosecutrix (P.W.1), a minor girl aged about 9/10 years, had been to the Durga Puja Pandal in village Komna, P.S.Komna in the district of Nuapada with another girl named Sabita (P.W.6). At that time the appellant caught hold of both P.Ws. 1 and 6, but P.W. 6 managed to escape. It is alleged that the appellant gagged the mouth of P.W.I, took her to a nearby school, committed rape on her and left her on the road. While P.W.I was returning to her house on th...
Sushanta Kumar Patra Alias Hemanta Kumar Das and Two ors. Vs. State of ...
Court: Orissa
Decided on: Apr-21-2000
Reported in: 2000CriLJ2689; 2000(I)OLR647
L. Mohapatra, J.1. This application Under Section 482 of the Code of Criminal Procedure has been filed challenging the order dated 18.9.1996 passed by the learned Sub divisional Judicial Magistrate. Bhubaneswar, taking cognizance of the offences under Sees. 3. 4, 5. 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'the Act').2. On 1 8.9.1995 the Inspector-in-charge of Bhubaneswar P.S. drew up a plain paper FIR stating that on the same day after receiving a reliable information with regard to prostitution at Sangam (Shiva) Lodge at Dhauli Junction, he conducted a raid with the assistance of other police officers and some local persons and during search three women were located in the ground floor concealing themselves under a bed. All the three women were within the age group of 1 8 to 26. During raid, five customers were apprehended including all the three petitioners. It is further stated in the FIR that during raid the petitioners and the other two accused persons we...
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