Orissa Court June 2000 Judgments
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Ghasiram Patra Vs. State
Court: Orissa
Decided on: Jun-19-2000
Reported in: 91(2001)CLT507; 2000CriLJ4293; 2001(74)ECC550
P.K. Patra, J.1. The appellant has challenged the judgment dated 18-1-1995 passed by Shri B.K. Patnaik, Sessions Judge, Balangir in Sessions Case No. 121 of 1994 convicting him under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of one lakh rupees, in default to undergo rigorous imprisonment for a further period of five years.2. Prosecution case runs as follows :--On 15-5-1994 at about 10 a.m. p. w. 1, the S. 1. of Excise, Tusura while performing patrol duty at Jarasingba along with an A, S. I. (p. w. 2) and Excise Constables, received information that the appellant and his father were illegally selling opium in their house in that village. Receiving the above information, p. w. 1 and his staff went to the house of the appellant and found the appellant and his father present in the house. They searched the house in presence of two local wit...
Sarat Chandra Rout Vs. Hrusi Patra and ors.
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2001ACJ775; (2000)IIILLJ952Ori
P.K. Misra, J.1. These three appeals under Section 30 of the Workmen's Compensation Act, 1923, are directed against the common decision passed by the Deputy Labour Commissioner & Commissioner for Workman's Compensation, Rourkela (in short the 'Commissioner') in three different claim cases awarding compensation to claimant-respondent No. 1 in each of the appeals.2. The present appellant had been engaged as Contractor under the Executive Engineer, P.W.D., Keonjhar, for repair and extension of the Settlement Office building at Keonjhar. While the work was in progress on June 24, 1987, suddenly there was heavy rain and storm forcing the three labourers to take shelter in a nearby building along with unused cement bags. At that time, the overhead live electric wire fell on the labourers causing injuries which ultimately resulted in death of two of the labourers. Two claim applications were filed by the legal heir- cum-dependants of two labourers and the third claim case was filed by the inj...
Bansidhar Panda Vs. Aparti Charan Panda (Having Died) Harekrushna Pand ...
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2000(II)OLR166
P.K. Misra, J.1. Defendant No. 3 is the appellant. Plaintiff-respondent No. 1 (since dead) had filed the suit for declaration of title in respect of 'B' Schedule property and for confirmation or, in the alternative. recovery of possession and for permanent injunction. 2. It is the admitted case of both the parties that one Mandar Panda had three sons, namely Sridhar, Giridhari and Aparti (plaintiff),. According to the plaintiff, the properties described in 'B' Schedule were the separate properties of Sridhar and Lot No. 2 of the said Schedule had been acquired by Sridhar in the name of his wife, Sara Dei. The wife and son of Sridhar had pre-deceased him and after the death of Sridhar in the year 1971, the plaintiff being the brother succeeded to the property in preference to defendant No. 1, the daughter of Giridhari and defendant No. 3, the son of defendants 1 and 2. 3. Defendants 1 and 3 in their joint written statement while not specifically challenging the genealogy given in the pl...
Ananda Bhoi and ors. Vs. Juhan Munda
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2000(II)OLR40
P.K. Tripathy, J. 1. For the reasons indicated below the impugned judgment dated 22.8.1994 of learned Additional Sessions Judge, Sambalpur in Criminal Revision No. 6/18 of 1993 is liable to be set aside.2. The first party in Criminal Misc. Case No. 248/98 of the Court of Sub-divisional Magistrate. Sambalpur (in short 'S.D.M.') is the petitioner No. 1 in this Criminal Revision and the contesting second party No. 1 the petitioner in Criminal Revision No. 6/10 of 1993 (in the Court of Additional Sessions Judge) is the opposite party in this revision.3. The first party initiated the aforesaid proceeding underSection 145. Cr.P.C, stating that plot No. 436/1257 Ac. 0.11 decimals and plot No. 379/1258 Ac. 1.12 decimals, in total Ac. 1.23 decimals of Khata No. 348/39 in Mouza-Tabadabahal under Sason Police-station in the district of Sambalpur was settled with him as a beneficiary after vesting of the said land with the State Government as the ceiling surplus land of the ceiling surplus land-ho...
Mania Alias Manoj Kumar Behera Vs. State
Court: Orissa
Decided on: Jun-19-2000
Reported in: 90(2000)CLT869; 2000(II)OLR75
P.K. Patra, J.1. The appellant has challenged the judgment dated 15.12.1995 in Sessions Trial No. 201/25 of 1995 passed by Shri. K.V.C.Rao, Assistant Sessions Judge, Cuttack convicting the appellant under Section 376, Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/- in default, to undergo rigorous imprisonment for a further period of two months. The appellant has been found not guilty and acquitted of the charge under Section 363, IPC.2. Prosecution case runs as follows :The informant (P.W.11) and the appellant are residents of Dagarpara-Bania Sahi, Cuttack. The families of the informant and the appellant were well acquainted and were in visiting terms. The victim girl was a minor aged about four to five years and is the niece of the informant, being the daughter of the informant's elder brother. The victim girl was daily going to her private tutor (P.W.4) for study and was returning to her house alon...
Sama Khadia and anr. Vs. Masi Munda and anr.
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2000(II)OLR82
P.K. Tripathy, J.1. The first party in Crl. Misc. Case No. 238 of 1990 of the Court of Sub-divisional Magistrate, Sambalpur (in short, 'SDM') is the petitioner No. 1 besides one of the second party members as petitioner No. 2. The other two second party members are the opposite party in this criminal revision.2. The subject-matter of dispute is plot No. 1274 of Khata No. 348/54 measuring an area of Ac. 0.78 decimals in village Tabadabahal under Sason Police Station in the district of Sambalpur. The aforesaid Crl. Misc. Case was initiated under Section 145, Cr.P.C. in the Court of SDM at the instance of the first party. He laid claim over the subject-matter of dispute as a beneficiary being settled with that land after the same was found to be ceiling surplus land of the erstwhile land holder Rabindranath Pujhari and after its vesting with the State. He alleged that the second party members having no semblance of right, title and possession created disturbance in his peaceful possession...
Ganga Prasad Singh (Having Died) Vs. Ajodhya Prasad Singh and ors.
Court: Orissa
Decided on: Jun-19-2000
Reported in: 90(2000)CLT347; 2000(II)OLR150
P.K. Misra, J. 1. Plaintiff was the appellant and on his death, his legal representatives are continuing the present appeal. The suit was filed for declaration that the property described in Schedule-B/1 had fallen to the share of the plaintiff and property described in Schedule-B/2 had fallen to the share of defendants 1 to 5. In the alternative, it was prayed that in case the prior partition is disbelieved the Schedule-B properties should be partitioned in equal proportion and property described in Schedule-B/1 should be allotted to plaintiff's share.2. The genealogy is given below : Ajodhya Prasad Singh = (W) Parbati_______________________________________________________________| | | | Radhamoni Sarjorajmoni Ramprasad Krushnaprasad(Daughter) (Daughter) Married | _____|to Rana Gangaprasad (Plaff.) |- Ajodhya (D-1 )Brajamohan = (W) Santibala |- Sarat(D-2)_________________| _________| |-Gopal(D-3)|- Purnaparakram | | |- Bijoy Keshari (D-6) |-Sailendra (pre-deceased) |-Jagannath (D-4)|-...
Land Acquisition Officer Vs. Abala Biswal and ors.
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2000(II)OLR467
P.K. Misra, J.1. This appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act' is directed against the award of the Civil Judge (Senior Division), Talcher, In L.A.Misc No. 3 of 1994.2. Land was acquired for the construction of Rengali Irrigation Project as per the notification published in the year 1978. The Land Acquisition Collector had fixed compensation at the rates of Rs. 4,500/-per acre in respect of Sarad-I land and homestead land; Rs. 3,800/- per acre in respect of Sarad-II land; Rs. 3,300/- per acre in respect of Sarad - III land; Rs. 2,500/- per acre in respect of Goda-I land and Rs.2.000/- per acre in respect of Goda-II land. In a reference under Section 18 of the Act, the Civil Judge (Senior Division) has fixed compensation at the rate of Rs. 11.000/- per acre in respect of Sarad-1 land; Rs. 10,000/- per acre in respect of Sarad-II land; Rs. 8,000/- per acre in respect of Sarad-III land; Rs. 6,000/- per acre in respect of Goda-I land; Rs.5,0...
Rudrapatra Vs. State
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2001CriLJ220
ORDERP.K. Patra, J.1. The appellant has challenged the judgment dated 5-9-1996 passed by Shri G.C. Mohanty, Sessions Judge, Keonjhar in Sessions Trial No. 112 of 1993 convicting him under Section 304, Part-I of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for seven years and acquitting him of the charge under Section 302, IPC.2. Prosecution case runs as follows :On 5-8-1993 at about 7 a.m. the deceased Birsingh Munda, field servant of P.W. 5, was cutting straw in front of the house of P.W. 5 in village Mankedia Sahi under Champua Police Station in the district of Keonjhar. The deceased had migrated from village Khendara to village Mankedia Sahi with his family members to serve as the field servant of P.W. 5. At that time, the appellant went there with an iron pipe and dealt a blow on the head of the deceased from his backside. Hearing hulla, P.W. 5 rushed out of his house and found the appellant running away with an iron pipe. There was pr...
Budha Bhoi Vs. Parsuram Bhoi and ors.
Court: Orissa
Decided on: Jun-19-2000
Reported in: 2000CriLJ4468
ORDERP.K. Tripathy, J.1. Second Party in Criminal Misc. Case No. 95 of 1981, a proceeding under Section 145, Cr.P.C. has filed this revision against the judgment dated 6th December, 1993 of the Sub-Divisional Magistrate, Titilagarh (in short SDM). Cultivable lands in Plot Numbers 277, 278, 376 and 377 measuring an area of Ac. 2.22 decimals of Holding number 51 of village Badgamada under Bangomunda Police Station in the district of Bolangir is the subject-matter of dispute Learned S.D.M. vide the above noted impugned judgment declared possession of the first party who are the opposite party in this revision.2. It reveals from the lower Court's record that the proceeding was initiated on the application of the first party members who were six in number. They claimed that the disputed case land is 'Devottar' property belonging to the village deity 'Dharani Devta' and that the second party, who was the priest for the said deity, having failed to do the 'seva-Pooja' the Additional Assistant...
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