Orissa Court November 2002 Judgments
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Padmabati Dei Vs. Sanjulata Behera and ors.
Court: Orissa
Decided on: Nov-29-2002
Reported in: 95(2003)CLT111
L. Mohapatra, J.1. Defendant No. 1 is the appellant before this Court against a reversing judgment.Respondents 1 and 2 filed the suit for cancellation of sale-deed executed by the defendant No. 2 in favour of defendant No. 1 and/for eviction of the defendant No. 1 from the suit land.2. Case of the plaintiff-respondents 1 and 2 is that both the plaintiffs are brother and sister and are also minors represented by their mother-guardian Sarojini Behera. Defendant No. 2 is their father. It is the case of the plaintiff-respondents that the suit land extending to an area of Ac. 0.142-1/2 decimals to the south of plot No. 173 in Khata No. 91, Ac. 0.021 decimals 4 Kadis to the west, Ac. 0.009 decimals 7 kadis at Markandeswar Sahi in the district of Puri had been purchased in the name of the plaintiffs with the money given by their maternal grand-father as their father-defendant No. 2 got addicted to drugs and did not look after them as well as their mother. The said lands even though were purch...
Gangadhar Behera and ors. Vs. Surendra Barik (Dead) and After Him Sara ...
Court: Orissa
Decided on: Nov-29-2002
Reported in: 95(2003)CLT521; 2003(I)OLR51
B. Panigrahi, J. 1. The unsuccessful plaintiffs are in appeal against the dismissal of their suit for declaration of their title and possession. In order to appreciate the respective contention of both parties we, however, find it appropriate to quote the admitted genealogy placed in the record :GENEALOGYRama Barik_________________|_______________| |Aparti Noki___________|___________ || | HaguruKhetri(daughter) Dinabandhu || ______|_________ KrushnaChaturbhuja | | _____|__________________________| Sankari Muturi | | |Gunmani (1st wife) (2nd wife) Indra Surendra Narendra(D.7) = (D.1) (D.2)Chandmani |(D.5) || |Gopinath || | Chandrabat(D.6) |____________________|_______________| |Kanhei Danei(D.3) (D.4) Undisputedly Aparti was the owner of the disputed property in which the plaintiff-appellants have claimed title on the basis of purchase from Chaturbhuja, who succeeded Sankari, the last owner whereas the defendant No. 1 claimed to have acquired title by adverse possession immediately afte...
Baishnab Pradhan and ors. Vs. Guru Charan Pradhan
Court: Orissa
Decided on: Nov-29-2002
Reported in: AIR2003Ori73
A.S. Naidu, J.1. 'Does law permit a person to retain a thing done contrary to an order of restraint passed by a Court?' is the question which is posed in this Civil Review.2. The undisputed facts are that the opposite party as plaintiff filed Title Suit No. 73 of 1985 in the Court of the then Civil Judge, redesignated as the Civil Judge (Senior Division), Jaipur praying for partition of the suit property and for other ancillary reliefs. Along with the plaint, a petition under Order 39, Rules 1 and 2 of the Code of Civil Procedure was also filed praying to restrain the defendants and others from constructing any new house over the suit properties appertaining to Khata No. 327, plot. No. 1748 and plot No. 1878 in Mouza Nahana, P. S. Binjharpur, District-Cuttack. The said petition was registered as Misc. Case No. 74 of 1985. The learned trial Court by order dated 16th May, 1985 passed an order of ad interim injunction restraining the defendants from making any construction over the suit l...
Raghabacharan Panda Vs. T. Dindayal Patra and ors.
Court: Orissa
Decided on: Nov-27-2002
Reported in: 2003CriLJ1397
P.K. Tripathy, J.1. None appears for the appellant. On the request of the Court Mr. S. K. Sahoo, learned counsel of the Court went through the records and addressed the Court as Amicus Curlae.2. Heard.3. Order of acquittal in I.C.C. No. 52 of 1983 (Tr. No. 109 of 1985) of the Court of J.M.F.C., Aska is under challenge. Complainant in that case is the appellant whereas accused persons in that case are the respondents.4. The long and short of the prosecution case is that the disputed premises had been rented out by the accused No.1 T. Dindayal Patra to the complainant where the latter was running a medicine shop in the name and style of 'Mamata Medical Store' and on 17-11-1983 in the night at about 10 p.m. the accused persons broke open the lock of that medicine shop and removed articles to the house of accused T. Dindayal Patra and gave possession of that premises to accused Nos. 4 and 5 Gadadhar Patra and Rama Chandra Patra for running a betel shop. On the basis of such allegation char...
The Executive Officer, Berhampur Municipality Vs. Jhunu Sabat
Court: Orissa
Decided on: Nov-27-2002
Reported in: 2003CriLJ1066
P.K. Tripathy, J.1. This appeal is against the order of acquittal in 3 (a) C.C. No. 317 of 1986 (delivered on 19th May, 1987) of the Court of Judicial Magistrate, Second Class, Berhampur.2. On the basis of allegation of unauthorised construction made by accused/respondent in contravention of provisions in Orissa Municipal Act, 1950 (in short 'the Act') prosecution was launched by the Berhampur Municipality (Appellant) against the accused (respondent) for punishment under Section 385-A of the Act. In support of the allegation Berhampur Municipality, the complainant, relied on the authorisation given by the Executive Officer, Exts. 4 and 5, the show cause notice issued against the accused Ext. 2, report of PW No. 1 which was marked Ext. 1 and oral evidence of PWs 1 to 3. Accused took the plea of complete denial to the allegation and also stated that she was not served with a copy of show cause notice (Ext. 2). After due consideration of such evidence the trial Court acquitted the accused...
Babaji Charan Das Vs. Managing Director, Orissa Forest Development Cor ...
Court: Orissa
Decided on: Nov-26-2002
Reported in: 95(2003)CLT120; [2003(97)FLR1083]; (2003)IIILLJ72Ori; 2003(I)OLR6
Pradip Mohanty, J.1. The petitioner, in this writ application assails the orders dated the 11th January, 1989, in Annexure-3 passed by the Managing Director, Orissa Forest Development Corporation, in discharging the petitioner from service pursuant to a disciplinary proceeding.2. The petitioner's case, in short is that, while he was working as U.D. Assistant, a departmental proceeding was initiated against him. In the charge-sheet it was alleged that the petitioner was serving as Cashier under the Divisional Manager, Angul (T) Division and being in custody of Cheque Book, forged the signature of the Divisional Manager in Cheque No. 644278 on or before 8.1.1985. It was further alleged that the petitioner had withdrawn cash amounting to Rs. 20,000/- (rupees twenty thousand) from the State Bank of India, Angul through that forged cheque and misappropriate the same. On the basis of this allegation, it was alleged that he had misappropriated the money of the Corporation and committed miscon...
Bhagwan Agarwalla Alias Marwadi (Dead) by L.R. and ors. Vs. Puranmal B ...
Court: Orissa
Decided on: Nov-26-2002
Reported in: AIR2003Ori75
Pradipta Ray, J.1. Original appellant, since deceased, as plaintiff instituted Title Suit No. 16/2 of 1975-1 of the Court of the Subordinate Judge, Rairangpur, Mayurbhanj against the original defendants-respondents Nos. 1 and 2, since deceased, for declaration of title in the suit property comprising land and structure, eviction of defendants Nos. 1 and 2. recovery of khas possession, arrear of rents and mesne profits.2. During pendency of the present appeal, the original appellant and respondents Nos. 1 and 2 died. Their heirs have been substituted in their place.3. In the plaint the original appellant Bhagwan Agarwalla has claimed that he is the owner of the suit property and the principal defendants Nos. 1 and 2 were inducted by him as tenants therein. According to the said plaintiff, he determined the tenancy on and from October 1, 1974 and asked the defendants 1 and 2 to vacate, but they refused to vacate and denied his title to the suit property.4. The principal defendants 1 and ...
Madhab Bohora (Dead) by Lr and ors. Vs. Braja Kishore Nanda and ors.
Court: Orissa
Decided on: Nov-21-2002
Reported in: AIR2003Ori107
R.K. Patra, J. 1. This appeal filed by caveator-defendants 2 to 5 is directed against the order dated 22-9-1990 of the learned District Judge, Puri granting letter of administration in favour of respondent No. 1.2. Respondent No. 1 made an application for grant ofletter 6f administration (with the copy of the will annexed to the estate of the deceased Sarajumant Dashi) to the learned District Judge, Puri which was registered as O.S. No. 1 of 1986-II.3. The case of respondent No. 1 is that the deceased Sarajumani Dashi was a disciple of late Taponidhi Ramakrushna Bharati Goswamy. She had entered into the religious order of Vaishnav Cult and was residing at Bharati Math, Badhoibanks Chhak, Old Bhubaneswar. She was the owner and in possession of agricultural as well as homestead lands. On 15-1-1982, she executed a will in his (respondent No. 1's) favour bequeathing her agricultural land measuring Ac. 4.187 and homestead land along with house standing thereon. The will was registered on th...
Jatadhari Mallik and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-21-2002
Reported in: 2003(I)OLR198
R.K. Patra, J.1. Both the writ petitions arise out a commonorder by which two cases have been disposed of.2. Being aggrieved by the order dated 5.7.1985 (Annexure-6)passed by the Revenue Officer. Niali in O.L.R. Case Nos. 10 and11 of 1976 declaring the petitioners as raiyat under Section 4(5) of the Orissa Land Reforms Act. in respect of the disputedproperties, the opposite parties 5 to 17 filed O.L.R. Appeal Nos.6 and 7 of 1985 before the Sub-divisional Officer. Cuttack whoby order dated 29.10.1988 (Annexure-7) reversed the order ofthe Revenue Officer. The petitioners challenged the aforesaidorder of the Sub-divisional Officer before the Additional DistrictMagistrate. Cuttack in O.L.R. Revision No. 24 of 1988. The revisionalauthority by order dated 19.12.1992 (Annexure-8) dismissed therevision. Hence the writ petitions.3. On perusal of the impugned order of the AdditionalDistrict Magistrate at Annexure-8, we find that he has confirmedthe order of the Sub-divisional Officer without ind...
National Insurance Co. Ltd. Vs. Sanjulata Mallik and ors.
Court: Orissa
Decided on: Nov-21-2002
Reported in: 2003(I)OLR229
R.K. Patra, J.1. The insurer is the appellant which hasfiled this Letters Patent appeal challenging the validity of theorder dated 27.2.1997 passed by a learned Single Judge, whosubstantially dismissed its appeal which was directed againstthe order of the Commissioner under the Workmen's CompensationAct, 1923 granting compensation to respondents 1 to 4.2. FACTS : Respondents 1 to 4 are legal heirs of deceasedBabana Mallik. They filed W.C. Case No. 181-D of 1991 beforethe Commissioner claiming a sum of Rs. 70,000/- as compensationon account of injuries sustained by the said Babana Mallik inan accident arising out of and in course of employment as aCoolie in the truck bearing registration on ORY 1196 belongingto Kumar Swain (respondent No. 5). The accident took place on 6.1.1991 between 10 a.m. to 11 a.m. at Gagala Pahada.While the said Babana Mallik was lifting a stone to load it inthe truck, a big boulder rolled down from the quarry and fellon him. as a result of which he sustained ser...
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