Orissa Court June 2002 Judgments
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Pabitra Mohan Pradhan and anr. Vs. Damayanti Pradhan
Court: Orissa
Decided on: Jun-19-2002
Reported in: AIR2003Ori1; 94(2002)CLT379
Pradip Mohanty, J. 1. The petitioners have filed this revision challenging the order dated 10.9.2001 passed by the learned Additional District Judge, Anguf, in Misc. Appeal No. 8 of 2001, setting aside the order dated 1.3.2001 of the learned Civil Judge (Sr. Divn.), Athamallik, in Succession Misc. Case No. 1 of 2000 and also remanding the case to the trial Court for determination as to whether the petitioner-wife alone in the Court below is entitled to get the succession certificate. 2. Shorn of unnecessary details, the brief facts of the case are as follows : The two petitioners in the present civil revision are the son and daughter and the opposite party is the wife of Late Srinibas Pradhan respectively for grant of a succession certificate. The opposite party filed an application under Section 372 of the Indian Succession Act (hereinafter referred to as 'the Act') before the learned Civil Judge (Sr. Divn.), Athamattik for grant of succession certificate to receive family pension, g...
Maguni Ranjan Jyoti Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-2002
Reported in: 94(2002)CLT455; 2003CriLJ530; 2002(II)OLR142
P.K. Tripathy, J.1. This revision is directed against order of conviction of the petitioner in Sessions Case No. 7 of 1996 of the Court of Assistant Sessions Judge, Gunupur (S.C. No. 75 of 1996 of the Court of Sessions Judge, Koraput-Jeypore) and the confirming order with modification of the Addl. Sessions Judge, Rayagada in Jail Crl. Appeal No. 153 of 1997. The trial Court convicted the petitioner for the offence under Sections 366/376 and 506, IPC and sentenced him to undergo R.I. for six years, for the offence under Section 366, IPC and to pay a fine of Rs. 1.000/-, R.I. for 7 years and to pay a fine of Rs. 2,000/- for the offence under Section 376, IPC and R.I. for one year for the offence under Section 506, IPC. Trial Court also recorded that such sentences to run concurrently. That judgment was delivered by learned Asst. Sessions Judge, Gunupur on 5th May, 1997. As against that petitioner preferred the above noted appeal from the Jail. Learned Addl. Sessions Judge, Rayagadaheard ...
The Land Acquisition and Resettlement Officer, U.K.H.E. Project Vs. Sm ...
Court: Orissa
Decided on: Jun-18-2002
Reported in: 94(2002)CLT406
Pradip Mohanty, J. 1. This appeal has been directed against the order dated 14.12.1994 passed by the Civil Judge (Sr. Divn.), Jeypore, in M.J.C. No. 113 of 1988.2. The case of the appellant-Land Acquisition Officer in brief is that, in pursuance to notification dated 24.11.1987 under Section 4 of the Land Acquisition Act, lands having an area of Ac. 09.30 cents consisting of both paddy-Ill and dry-ll lands of village Nuagaon in the district of Koraput were declared to be acquired at the instance of the Executive Engineer, Upper Kolab Hydro-Electricity Project (Division No. II), Koraput for construction of Upper Kolab Hydro-Electricity Project, Compensation was paid to the awardee-respondent on 28.3.88 after due enquiry and the awardee-respondent received the compensation on protest and had prayed to refer the matter to the court for higher compensation.The case of the respondent-claimant is that, the Land Acquisition Officer had fixed the compensation without considering the prevailing...
Special Land Acquisition Officer, Rengali Irrigation Project Vs. Sauri ...
Court: Orissa
Decided on: Jun-18-2002
Reported in: 2002(II)OLR226
Pradip Mohanty, J. 1. The first appeal arises out of the order dated 1.12.1994 passed by the Civil Judge (Sr. Divn.), Kamakhyanagar in Land Acquisition Misc. Case No. 56 of 1993. Though notice has been made sufficient against the sole respondent- claimant, none appears when the appeal was heard on merit. 2. The case of the appellant, in brief, is that lands having an area of Ac. 0.88 decimals corresponding to plot Nos. 729, 743,778, 813 and 814 under Khata No. 215 of village Chandpur in the district of Dhenkanal were acquired in pursuance to notification dated 2.2.1989 under Section 4 of the Land Acquisition Act forthe purpose of Rengali Irrigation Project. The lands are 'Sarada-III' variety. The appellant-Land Acquisition Officer determined market value of the said 'Sarada- III' variety land at the rate of Rs. 14,000/-per acre. There were a palm-tree, a date-palm-tree and a banian tree on the acquired land at the time of acquisition. For the purpose of the above trees, the claimant wa...
Sri Pankaj Kumar Tibrewal Vs. Government of Orissa, Represented Throug ...
Court: Orissa
Decided on: Jun-17-2002
Reported in: 94(2002)CLT233
A.K. Patnaik, J. 1. This is a Habeas Corpus petition challenging the order dated 11.3.2002 passed by the District Magistrate, Sundargarh detaining the petitioner under Section 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (in short 'the Act') and the order of the Government of Orissa dated 20.3.2002 approving the said order or detention and for directing the opposite parties to release the petitioner from such detention forthwith.2. The relevant facts briefly are that the petitioner is a partner of a firm M/s. Harduttrai Ranglal which carries on business at Biramitrapur in the district of Sundargarh of Orissa. The said firm is a wholesale licensee under the Orissa Kerosene Control Order, 1962 made by the State Government under Section 3 of the Essential Commodities Act, 1955. On 11.3.2002, the District Magistrate, Sundargarh in exercise of his powers conferred in Subsection (2)(a) of Section 3 of the Act directed that the pe...
Animesh Ghosh @ Bapi Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jun-17-2002
Reported in: 94(2002)CLT194; 2002(II)OLR192
A.K. Patnaik, J. 1. This is a habeas corpus petition under Article 226 of the Constitution of India challenging the order passed by the District Magistrate, Balasore on the 19th of September, 2001 detaining the petitioner in District Jail, Balasore. 2. The relevant facts for disposal of this writ petition briefly are that on 19.9.2001, the District Magistrate, Balasore after being satisfied that the detention of the petitioner was necessary to prevent him from acting in any manner prejudicial to the maintenance of public order, passed the impugned order of detention under Subsection (2) of Section 3 of the National Security Act, 1980 (for short, 'the Act'). Pursuant to the said order of detention, the petitioner was detained in the District Jail, Balasore. Thereafter, by communication dated 23.9.2001, the District Magistrate, Balasore communicated the grounds of detention to the petitioner. In the said grounds of detention it was, inter alia, stated that the petitioner has been indulgi...
State of Orissa Vs. Iswar Mallik and anr.
Court: Orissa
Decided on: Jun-17-2002
Reported in: 2002(II)OLR120
B. Panigrahi, J.1. This is an appeal filed by the State challenging the order dated 16.11.1983 passed by the learned Additional Sessions Judge, Puri in Sessions Trial No. 3/70 of 1983/82, whereby and whereunder the learned trial Court has acquitted the present respondents along with other accused persons of the charges under Sections 147, 148 and 302/323 read with Section 149 of the Indian Penal Code, in short, 'IPC'.2. The skeletal picture of the prosecution case as revealed in course of trial is as follows :There was a club in village Raigurupur in the name and style of 'Gopinath Dev Juba Shree Club'. Prafulla Chandra Panda, P.W.19, was the President, whereas respondent Iswar Mallick was the Secretary of the said club at the relevant time. The respondent Iswar Mallick is alleged to have taken a coconut garden on lease for the year 1982-83 on behalf of the club. About a week after the auction, when the other members of the club attempted to pluck coconuts, Iswar Mallick did not permit...
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