Orissa Court August 2002 Judgments
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Rabi Chandra Behera Vs. Sampurna Behera and ors.
Court: Orissa
Decided on: Aug-09-2002
Reported in: 94(2002)CLT423
P.K. Tripathy, J. 1. Heard.2. Both the applications under Section 482, Cr.P.C. arise between the same parties relating to two proceedings under Section 145, Cr.P.C. of the Court of Executive Magistrate, Titilagarh vide Criminal Misc. Case Nos. 91 and 92 of 1981. Since common legal issue is involved in both the cases, on the request of the parties common argument is heard and both the cases are disposed of by this common judgment.3. It may be a case of rare instance where a triffle litigation under Section 145, Cr.P.C. for small patches of land is being fought by the parties for long 22 years and yet they have not lost the stamina to run from pillar to post by knocking the doors of justice at every forum to keep the proceeding linger. A litigation of this nature should not always be dealt with on mere technicalities of law but Courts have to adopt pragmatic approach to put an end to the lingering process with that view and purpose the technical point raised by the second-party / petitio...
Dhadi Parida (After Him And) Sundari Parida and ors. Vs. the Commissio ...
Court: Orissa
Decided on: Aug-09-2002
Reported in: 94(2002)CLT344; 2002(II)OLR323
Pradip Mohanty, J.1. All these applications under Articles 226 and 227 of the Constitution of India were heard together as they arise out of the common orders passed by the Consolidation authorities under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act') in respect of all the lands which the petitioners claim to have purchased the same by registered sale-deeds. They are accordingly disposed of by this common judgment.2. Shorn of unnecessary detaifs, the facts of the case are as follows :The disputed property stood recorded in the name of Deity Shri Shri Biswanath Mohadev, Bije Samangola in the district of Jagatsinghpur, which according to the petitioners is a private deity. The Marfatdars, thereafter, transferred them for consideration under some registered sale-deeds of the year 1965. During the last settlement operation, the Settlement Authorities recorded the property in favour of the 'Deity Marfat Dhadi Pan...
Ramesh Chandra Mohapatra Vs. Bishnupriya Mangaraj and ors.
Court: Orissa
Decided on: Aug-09-2002
Reported in: 94(2002)CLT628
P.K. Balasubramanyan, C.J.1. The legal representative of the defendant in Title Suit No. 302 of 1990 on the file of the Civil Judge (Senior Division), Puri is the petitioner in this revision. The suit before the trial court was filed by the plaintiff-respondent, for declaration of right, title and possession over the suit property and for a permanent injunction restraining the defendant, the predecessor in interest of the petitioner herein and Ors. impleaded, from interfering with her possession. The suit was decreed by the trial court. The legal representatives of the defendant filed an appeal before the District Court as Title Appeal No. 53 of 2000. That appeal was apparently admitted under Order 41, Rule 11 of the Code of Civil procedure. In that appeal, the appellants, the legal representatives of the defendant, made an application for a stay of operation of the decree of the trial court, pending disposal of the appeal. They invoked under Order 41, Rule 5 of the Code of Civil Proce...
Bairagi Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-09-2002
Reported in: 2002(II)OLR389
A.S. Naidu, J.1. This Criminal Appeal has been filed, inter alia, challenging the judgment and the order of conviction of the appellant under Section 7 of the Essential Commodities Act and sentence to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/-, in default, to undergo R.I. for one month in G.R.Case No. 1476 of 1985.2. Bereft of all unnecessary details, the short facts as spelt out from the prosecution report are :On 24.5.1985 around 2 p.m. the appellant was found carrying 4 tins of Kerosene each containing 17 litres in his bi-cycle. Thus, he was in unlawful possession of 68 litres of Kerosene. The Supply Supervisor (P.W.4) seized the Kerosene tins and the bi-cycle vide Ext-2 and gave the same in Zima of P. W. 1 after due execution of a Zimanama (Ext-1). It is submitted that the accused gave an oral statement which was reduced to writing by the Inspector of Supplies as per Ext-4.3. The defence plea was one of denial. The accused also took th...
Sandeep Mohanty and anr. Vs. Kumari Sarswati Kar and anr.
Court: Orissa
Decided on: Aug-07-2002
Reported in: 94(2002)CLT277
P. K. Mohanty, J. 1. None appears for the petitioners in spite of repeated calls. Sri N. K. Mishra, learned counsel is present for Opp. party No. 1. 2. The petitioners assail the order of cognizance dated 8.12.1997 and the order dated 9.11.1998 of the learned S.D.J.M., Baripada refusing to recall the said order. 3. The brief facts of the petitioners' case is that their father lodged an F.I.R. against the Opp. party No. 1's mother and brother on 25.8.1997 and the police after investigation submitted a Charge Sheet against her mother and brother under Section 326/34, IPC in Baripada Town P.S. Case No. 154 of 1997 corresponding to G.R. Case No. 714 of 1997 of the Court of learned S.D.J.M., Baripada. Coming to know the F.I.R. the Opp. party No. 1 lodged an F.I.R. alleging therein that the petitioners have forcibly entered into her house, carried away her to their house and assaulted. The F.I.R. was registered as Baripada Town P.S, Case No. 155 of 1997 corresponding to G.R. Case No. 715 of ...
Souri Narayan Padhee Vs. R.C. Mohapatra and anr.
Court: Orissa
Decided on: Aug-07-2002
Reported in: 94(2002)CLT273; 2002(II)OLR334
P. K. Mohanty, J. 1. This application appears to have been received by Hon'ble the Chief Justice through Speed Post and ultimately registered as a Criminal Misc. Case under Section 482, Cr.P.C. 2. This petition is against the revisional order of the learned Addl. Sessions Judge, Sambalpur rejecting the petitioner-complainant's revision against the order of the learned S.D.J.M., Sambalpur rejecting his complaint in I.C.C. No. 68 of 1995. 3. Sri S. K. Sahoo, learned counsel for the opposite parties has raised a preliminary objection as to the maintainability of the present petition under Section 482, Cr.P.C. at the behest of the revision petitioners. It is contended that since the petitioner, who was the complainant, challenged the order of the learned Magistrate rejecting his complaint petition in a revision and the revisional application has also been rejected by an elaborate order, a second revision in the garb of an application under Section 482, Cr.P.C. is not maintainable in law. T...
Kali Charan Basra Vs. State of Orissa
Court: Orissa
Decided on: Aug-07-2002
Reported in: 94(2002)CLT352
P.K. Tripathy, J. 1. In this Criminal Appeal the order of conviction of the appellant under Section 304, Part-1, I.P.C. has been assailed, inter-alia, on the ground of no satisfactory evidence to prove the charge against the accused beyond all reasonable doubt. 2. An old woman succumbed to the injury sustained by her on 30.11.1992 in the afternoon. The prosecution case is that the informant/P.W. No. 4 Kusal Murmu Hansda had a quarrel with the accused near the village tank at about 3 P.M. on that day. That quarrel made the accused to chase P.W. No. 4 to assault him. P.W. No. 4 running ahead could escape the attack of the accused and remained confined in his house by closing the door from inside. His mother, i.e., the deceased, who was resting on a 'charpai' in the court-yard however became the victim of the accused. As alleged by the prosecution, accused dealt several blows on the head of that old lady by use of a handle of a spade and when that was broken, by using 'Bala'. The sister o...
Satyanarayan Agrawal and anr. and Bharat Petroleum Corporation Limited ...
Court: Orissa
Decided on: Aug-07-2002
Reported in: 94(2002)CLT630
A.S. Naidu, J.1. The petitioners in OJC No. 3970 of 2002, the partners of M/s. Auto Feed, a firm engaged in the business of sale of petrol, diesel and lubricants under a Dispensing Pump and Selling Licence of M/s. Bharat Petroleum Corporation Ltd. from its retail outlet at Uditnagar, Rourkela, seek to challenge the order dated January 14, 1999 (Annexure-5), passed by the Additional District Magistrate, Sundargarh (Opposite party No. 2), cancelling the 'No Objection Certificate' on the strength of which the Chief Controller of Explosives, East Circle, Calcutta issued licence bearing No. OR-922 of February 27, 1970 in favour of one Kishanlal Agrawal, the predecessor-in-interest of the petitioners, as well as the order Annexure-6 passed by the Revenue Divisional Commissioner (Northern Division), Orissa, Sambalpur in Misc. Appeal No. 2 of 1999 confirming the order of cancellation, vide Annexure-5.2. Bereft of all unnecessary details, the short facts which are necessary for effectual adjudi...
Bhramar Patra and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-05-2002
Reported in: 94(2002)CLT556; 2002(II)OLR386
B. Panigrahi, J. 1. This appeal challenges the order dated 19.6.1993 passed by the learned Sessions Judge, Keonjhar in S. T. Case No. 122 of 1991, whereby the appellants have been convicted under Section 302, read with Section 34, of the Indian Penal Code (for short 'IPC'), for having committed the murder of the deceased Siropani Patrain furtherance of their common intention, and sentenced to undergo imprisonment for life. 2. The skeletal picture of the prosecution case, as unravelled during the course of trial is as follows : On 20.8.1991 between 6.30 and 7.00 P.M., a cow belonging to appellant Bhramar, who is the brother of the deceased, entered into the pulse field (Harada Kiari) of the deceased and damaged the crop. Seeing this, the deceased Siropani Patra along with his wife Gitarani Patra (P.W. 1) rushed to the field and tried to drive the cow out. While they were doing so, the appellants came being armed with Lathis. There was some altercation whereupon the appellants assaulted ...
Banwarilal Muralilal and anr. Vs. Indian Overseas Bank and ors.
Court: Orissa
Decided on: Aug-05-2002
Reported in: 94(2002)CLT730; 2002(II)OLR354
R.K. Patra, J. 1. Being felt aggrieved by the order dated 2.8.2001 (Annexure-1) made by the learned Presiding Officer, Debts Recovery Tribunal, Cuttack in Misc. Case No. 49 of 1996 rejecting the prayer to set aside the ex parte decree, the petitioner has filed this writ petition for quashing of the same. The petitioner has also challenged the vires of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act') and the scheme made thereunder.2. The case of the petitioner is that although the impugned order of the learned Presiding Officer is appealable under Section 20 of the Act before the Appellate Tribunal, he has not followed the alternative remedy as the vires of the Act is under challenge and the remedy by way of appeal is not effective and otherwise onerous inasmuch as he has to deposit 75% of the decretal amount. In this connection, Shri Mohanty, learned counsel for the petitioner has relied upon the decisions of the Supreme Court i...
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