Orissa Court November 2002 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Sujata Sahoo and ors. Vs. Thakamana Pradhan
Court: Orissa
Decided on: Nov-21-2002
Reported in: I(2003)DMC614; 2002(II)OLR689
B. Panigrahi, J.1. The appellants have called in question the legality, propriety and validity of the order passed by the learned Judge, Family Court, Rourkela in Civil Proceeding No. 20 of 1997 dated 2nd November, 1998 whereby he directed that the appellant No. 2 shall be maintained by the respondent-husband whereas appellant No. 3 shall be maintained by appellant No.1 and the claim for maintenance by appellant No.1 was rejected.2. Marriage between appellant No. 1 and the respondent was solemnised on 14.7.83 according to Mitakshara Hindu Law and customs prevalent in the society. Out of their wedlock appellants 2 and 3 were born on 27.3.85 and 5.6.89 respectively. The relationship between appellant No. 1 and the respondent did not continue well as a result of which there was always frequent quarrel, dissension and unhappiness in the family. The respondent did not take any care of the appellants and deserted them. Appellant No. 2 was reading in Sainik School, Bhubaneswar in class v when...
Smt. Draupadi Behera and anr. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Nov-20-2002
Reported in: 2003(I)OLR45
A.K. Patnaik, J.1. This is an application under Article 227 of the Constitution of India challenging the order dated 8.9.1998 of the Central Administrative Tribunal, Cuttack Bench, Cuttack rejecting Original Application No. 5 of 1998 filed by the petitioners.2. The facts briefly are that the petitioner No. 1 and petitioner No, 2 are the wife and son of late Iswar Chandra Beherd, Late Iswar Chandra Behera was working as E.D.D.A.-cum-E.D.M.C, in Sabira Branch from 19.1.1971 and died while in service on 25.2.1995 leaving behind his wife, the petitioner No. 1 and five sons including petitioner No. 2. The petitioner No. 1 addressed an application dated 9.6.1997 to the Government of India, Ministry of Communications, Department of Post for compassionate appointment of her son, the petitioner No. 2. By a communication dated 5.9.1997 the said application was rejected by the Government of India, Ministry of Communications. Department of Post. Paragraph-2 of the said communication dated 5.9.1997...
Smt. Santilata Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-20-2002
Reported in: AIR2003Ori114
R.K. Patra, J. 1. This Letters Patent appeal is directed against the order dated 28-6-2001 by which a learned single Judge of this Court has dismissed the appellant's writ petition.2. The appellant purchased Ac. 0.069 decimals of land towards western portion of Sabik Plot No. 488 under Sabik Khata No, 682, Mouza-Ramgarh, Cuttack from one Palia Dei and Radharani Dei under two separate sale deeds dated 30-9-1985 and 1-3-1999 (Annexures 1 and 2 of the writ petition). After the purchase she remained in possession thereof. Respondent No. 4 and his co-sharers are owners of Sabik Plot Nos. 486 and 487 covering an area of Ac. 0.230 decimals under Sabik Khata No. 503 and the aforesaid plots adjoin plot No. 488 purchased by the appellant towards its west. During Hal Settlement operation, the area of the land occupied by respondent No. 4 was increased by Ac. 0.010 decimals and accordingly respondent No. 4 and his co-sharerswere found to be in possession of Ac. 0.240 decimals of land instead of Ac...
New India Assurance Co. Ltd. Vs. Siba Parida and ors.
Court: Orissa
Decided on: Nov-20-2002
Reported in: 2003(I)OLR231
R.K. Patra, J.1. This Letter Patent Appeal filed by the Insurance Company is directed against the order dated 28.8.1998 in Misc. Appeal No. 589 of 1991 by which the learned Single Judge has allowed the claimant-respondents 1 to 3's appeal for enhancement of compensation.2. The claimants-respondents 1 to 3 filed Misc. Case No. 436 of 1987 before the Second Motor Accident Claims Tribunal claiming compensation for the death of Kalindi Parida who died in a motor accident on 31.7.1987. The Tribunal by order dated 13.8.1991 granted compensation of Rs. 60,000/- only in their favour. Contending that the said compensation is inadequate, they preferred appeal before this Court in Misc. Appeal No. 589 of 1991. A learned Single Judge in the order under appeal has enhanced the compensation.,3. Counsel for the appellant has not challenged the quantum of compensation as determined by the learned Single Judge. The sole point urged by the appellant is that the Insurance does not cover the date of accid...
Bodala Ravanmma Vs. Esuru Sriramulu and anr.
Court: Orissa
Decided on: Nov-15-2002
Reported in: 94(2002)CLT745
L. Mohapatra, J.1. Plaintiff No. 1 is the appellant before this Court against a reversing judgment. The Suit was filed for declaration of plaintiffs title and possession over the suit schedule property and for declaration that the plaintiffs are entitled to take possession of the suit schedule lands from the receiver appointed by the Executive Magistrate. Originally the present appellant had filed this suit and later on by order dated 8.4.1980 the mother of the appellant was added as plaintiff No. 2. 2. Case of the plaintiff is that the plaintiff No. 1 is the owner in possession of the suit schedule property and the plaintiff No. 2 as the mother of plaintiff No. 1 had gifted the suit schedule property to her in the year 1975. After execution of the gift deed the plaintiff No. 1 raised crops over the suit lands but the defendants threatened to remove paddy crops for which the plaintiff No. 1 initiated a proceeding under Section 144, Cr.P.C. in the Court of the Executive Magistrate which...
Asfa Begum Vs. Sk. Abdul Samim
Court: Orissa
Decided on: Nov-14-2002
Reported in: 95(2003)CLT182; I(2003)DMC475; 2002(II)OLR670
B. Panigrahi, J.1. The unsuccessful appellant was the divorcee wife of the opp. party Sk. Abdul Samim. The 'Nikha' between both the parties had taken place on 5.7.1987. It is stated by the petitioner that at that time her father gave Rs. 8000/- as marriage presentation, besides, gold and silver ornaments and other house-hold articles. They continued their happy marital life for some years but, thereafter, their relationship became embittered followed by dissensions, discard and quarrel resulting in unhappiness in their family. It is alleged by the petitioner that finally on 1.12.1990 the husband-opp. party assaulted the petitioner and drove her out from the house. She approached the village committee and as per the decision of the village committee the husband again took her back to the matrimonial house, but after some time he continued his old habits of ill-treating and torturing her. He did not give sufficient food and clothings as a result of which she was forced to quit her husban...
Land Acquisition Zone Officer Vs. Hadibandhu Behera and 15 ors.
Court: Orissa
Decided on: Nov-14-2002
Reported in: 2003(I)OLR23
ORDER1. This is an application filed by the legal representatives of Respondent Nos. 1 and 12 for implementation of the order dated 17.5,2002.2. From the record it reveals that at the beginning Respondent No. 4 was permitted to withdraw the 50% of the awarded amount. But later on. the said order was modified by order dated 17.5,2002 permitting not only the legal heirs of respondents 1 and 12 but also all other respondents to withdraw the same. It was for the executing Court to honour the order passed by this Court and not to stullify the order by circumventing it.3. Accordingly, we hereby direct the executing Court to disburse 50% of the deposited amount proportionately to each of the respondents/ legal heirs on offering property security within 15 days from the date of receipt of the order and report compliance.4. At the first blush, we were about to issue a contempt rule, but at the request of the Bar. we did not proceed to issue rule. The Court is cautioned from avoiding compliance ...
Lalu Alias Bhola Alias Rama Sahu and Etc. Vs. State of Orissa
Court: Orissa
Decided on: Nov-13-2002
Reported in: 2003CriLJ1677
P.K. Mohanty, J.1. These three Jail Criminal Appeals arise out of a common judgment of the First. Additional Sessions Judge, Berhampur in S.C. No. 3/94 (S.C. No. 123/ 94 GDC) and common question of law and fact being involved in all the three appeals, on the prayer and with the consent of the learned counsel for the parties, these are taken up for hearing together and is being disposed of by this common judgment.2. The prosecution case briefly stated is that one Nabakishore Choudhury, an A.S.I, of Police was staying in a rented house at Bijipur Sastri Nagar Billo Sahi. He was availing leave. On 2-8-1990 around 2.00 a.m. five to ten miscreants entered into his house and by showing knives, sword and Kati got him tied. They took away the golden ornaments of his wife and by breaking open the boxes and almirah of the informant, they took away the service revolver of the informant with 30 rounds of live cartridge and other valuable articles. FIR was lodged at Baidyanathpur Police Station and...
Oriental Insulated Conductors Private Limited Vs. Union of India (Uoi) ...
Court: Orissa
Decided on: Nov-13-2002
Reported in: 2003(I)OLR445
P.K. Balasubramanyan, C.J.1. As directed by this Court on 19.8.1987 the following question of law was referred to this Court for its opinion by the Appellate Tribunal. Customs, Excise and Gold (Control), New Delhi.'Whether aluminum strips manufactured by the petitioner as intermediate product during the periods in question is leviable to tax under the Act ?'2. The petitioner was issued a notice by the Superintendent. Central Excise, Cuttack-11 Range demanding Central Excise Duty amounting to Rs. 14,255.76 basic and Rs. 1,425.58 special under Rule 9 (1) of the Central Excise Rules in respect of Aluminum Strips of 2861.120 Kgs. made by the petitioner without payment of Central Excise duty and without preparing any Central Excise Documents. Notice was also issued to show cause why the amount referred to above should not be recovered as duty and why the goods under reference should not be confiscated. The reply to the show-cause being given, the question that arose for consideration before...
Sashibhusan Giri Vs. Kalakar Mohanta and ors.
Court: Orissa
Decided on: Nov-13-2002
Reported in: 2003CriLJ1065
B.P. Das. J.1. This criminal appeal is directed against an order of acquittal passed by the learned Sub-Divisional Judicial Magistrate, Karanjia in complaint case bearing I.C.C. No. 78-86 (T.C. No. 7863/86).2. The brief fact of the complainant's case is that on 27-10-1986 at about 8 a.m. the respondents came upon the land of the complainant appellant in a group and forcibly cut away and removed the unripe paddy crops worth Rs. 1600/- which was raised by the appellant. On the allegation of commission of theft of crops, complainant case was filed against the present respondents, who are total twenty five in number, and stood trial under Section 379 read with Section 34, I.P.C. in furtherance of their common intention. By virtue of the order of this Court dated 5-11-1993, the appeal stood dismissed as against respondents 12, 13, 17 and 24.3. The plea of the defence is that the accused persons cut and removed the paddy crops from the disputed land claiming that the land belongs to responde...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »