Orissa Court August 2002 Judgments
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Sri Srihari Jena Alias Das (Dead) and After Him Rajeswari Das Vs. Khet ...
Court: Orissa
Decided on: Aug-02-2002
Reported in: AIR2002Ori195; 94(2002)CLT201
L. Mohapatra, J. 1. Plaintiff is the appellant before this Court against a reversing judgment. 2. The plaintiff-appellant filed the suit for declaration of title; confirmation of possession or in the alternative recovery of possession and permanent injunction. The case of the plaintiff-appellant is that the 'Ka' schedule land was originally recorded in the name ofthe father of plaintiff and defendant. During the life time of the father of the parties he had alienated the same by a registered sale deed dated 25.4.1952 in favour of the defendant. The plaintiff had no male issue for which the defendant had an evil eye on the share of the plaintiff over the ancestral properties. The plaintiff for his future security kept his daughter and grandson in his house which the defendant could not relish and started a number of criminal cases against the plaintiff. The defendant went to the extent of setting fire to the house of the plaintiff as a result of which a case was registered against him f...
Sanghamitra Jena Vs. the Director of Higher Education, Orissa and ors.
Court: Orissa
Decided on: Aug-02-2002
Reported in: 94(2002)CLT280
L. Mohapatra, J. 1. These two appeals have been filed by the Plaintiff-appellant against a reversing judgment. 2. The appellant filed T.S, No, 217/1996 in the Court of the learned Civil Judge (Sr. Division), Bhubaneswar for a declaration that the action of the defendant-respondents in preventing her from discharging duty as a Lecturer in Economics (First Post) in Biju Pattnaik College of Science and Education, Bhubaneswar is illegal, invalid and inoperative and for a further declaration that she is deemed to be continuing as a Lecturer in Economics in the said College and for permanent injunction restraining the defendant-respondents from filling up the post of Lecturer in Economics (First Post) and not to allow direct payment of grant-in-aid of higher education to any one other than her and for all consequential benefits. 3. The case of the plaintiff-appellant is that she was appointed as a Lecturer in Economics in Biju Pattnaik College of Science and Education, Bhubaneswar on 89 days...
Pua Alias Manas Ranjan Das Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-02-2002
Reported in: 94(2002)CLT451
A.K. Patnaik, J.1. By an order dated 20.8.2001 passed by the District Magistrate, Cuttack under Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act, 1980') the petitioner was detained in the Circle Jail, Cuttack at Choudwar. He was served with the grounds of detention by a communication dated 20.8.2001. The Government of Orissa, Home (Special Section) Department approved the said detention order by order dated 25.8.2001. Thereafter, the case of the petitioner was placed before the Advisory Board under Section 10 of the Act, 1980 and the Advisory Board was of the opinion that there was sufficient cause for detention of the petitioner. By order dated 5.10.2001 passed under Section 12(1) of the Act, 1980, the Government of Orissa confirmed the order of detention. The petitioner then filed representation dated 15.11.2001 to the Government of Orissa against the order of detention. But by a communication dated 26.11.2001 the petitioner was inf...
A. Rajeswari Vs. Brundaban Mohapatra
Court: Orissa
Decided on: Aug-02-2002
Reported in: 94(2002)CLT212
L. Mohapatra, J. 1. Defendant is the appellant before this Court against a confirming judgment. 2. Plaintiff-respondent filed a suit for eviction of the defendant and for restoration of possession and for recovery of damages amounting Rs. 8,960/- along with future damages till delivery of possession of the shop room to the plaintiff. Case of the plaintiff is that he is the owner of the suit shop room and defendant had taken it on monthly rent in the year 1989 to open a bangle shop. From July, 1989 defendant ran into huge debts and her business was almost closed. In September, 89 she requested the plaintiff to give her in writing that she would be occupying the suit shop room for five years so as to create confidence in the minds of others and also get financial assistance. Out of pity the plaintiff gave in writing to the plaintiff that she would be allowed to continue as tenant for five years. Since the aforesaid agreement was executed in a plain paper which is not valid under law, ano...
S. Laxminarayana Vs. the State
Court: Orissa
Decided on: Aug-02-2002
Reported in: 94(2002)CLT441
A.S. Naidu, J. 1. On the basis of an FIR lodged by one Brundabati Pangi, G.R. Case No. 290 of 1994 was initiated against the accused-appellant. He was charged under Section 302 of the Indian Penal Code for committing the murder of Ghasi Pangi, husband of the informant. The said G.R. Case was converted to Sessions Case No. 78/84 (122/84 SJ). By the impugned judgment, the learned Additional Sessions Judge, Jeypore convicted the appellant under Section 304, Part II, IPC and sentenced him to undergo rigorous imprisonment for five years. The said judgment is impugned in this appeal. 2. Brundabati Pangi (P.W. 1) filed the FIR on 2.5.1984 at the Kolab Outpost at about 2 P.M. stating therein that on the previous night at about 9 P.M. after returning from his work her husband was relaxing on the verandah of his house and P.W. 1 after finishing her cooking was looking after their daughter inside the house. At that time, it is alleged, the accused-appellant who stayed only two houses apart from t...
Natabar Aunria Vs. State of Orissa
Court: Orissa
Decided on: Aug-02-2002
Reported in: 94(2002)CLT358
B. Panigrahi, J. 1. One of the accused in S.T. Case No. 96 of 1998 of the Court of learned Addl. District & Sessions Judge, Jagatsinghpur charged under Section 302, I.P.C. is the appellant. 2. The essential facts leading to this appeal are as follows : The informant (P.W. 1) Pabitra Mohan Swain lodged a report at Ersama P.S. on 19.10.1997 at 2 P.M. by describing that the appellant Natabar Aunria disclosed before him and others that deceased Gangadhar died due to bite of a mad dog. The informant somehow suspected the version of the appellant and he was under the impression that there was some foul play by the appellant. Therefore, P.W. 1 went to the house of Natabar and again asked him as to the cause of death of his son. The appellant was said to have made an extra judicial confession before him as well, as the other villagers and in presence of Gramarakhi that he along with his wife assaulted their son Gangadhar who used to pick up frequent quarrels with them. P.W. 1 also noticed some...
Manjushree Dalei Vs. Jugal Kishore Dalei
Court: Orissa
Decided on: Aug-02-2002
Reported in: 94(2002)CLT445
B. Panigrahi, J. 1. The wife-respondent in an matrimonial case under Section 13 of the Hindu Marriage Act in Civil Proceeding No. 66 of 1994 is the appellant in this case. 2. The factual matrix leading to this appeal is as follows : Both the spouses belong to Kaibarta caste and are governed under the provisions of Hindu Law. Their marriage was solemnised according to their caste, custom and Hindu rites prevalent in their society on 4.3.1984. They led their happy conjugal life till May, 1985. Out of their lawful wedlock, a male child was born one year after their marriage. It is alleged that after the appellant gave birth to a male child, the conjugal happiness was disturbed quite a long and there were frequent dissension, bickering and quarrel between both the spouses. The respondent in this appeal had alleged that the appellant developed extramarital relationship with one Raghunath Dalei, who was the cousin of her husband. When it came to his knowledge, the respondent felt very much h...
Smt. Pravamayee Nayak and ors. Vs. Council of Higher Secondary Educati ...
Court: Orissa
Decided on: Aug-02-2002
Reported in: AIR2003Ori47; 94(2002)CLT426
A.K. Patnaik, J. 1. The twenty-eight petitioners are all students of Biju Pattnaik College at Asrampatna in the district of Jagatsinghpur. They took the +2 Science Stream Annual Examination, 2000 conducted by the Council of Higher Secondary Education, Orissa. On 1.7.2000 the Council of Higher Secondary Education, Orissa (hereinafter referred to as 'the Council') notified the results of the petitioners in the said examination and as per the said results, the petitioners were all given '0' (zero) mark in physics Paper-l. The principal of the Biju Pattnaik College then wrote to the Controller of Examinations, Council of Higher Secondary Education, Orissa in his letter dated 4.7.2000 that it is not indicated in the notification publishing the results as to why '0' (zero) mark has been awarded to all the students in Physics Paper-I and requested him to clarify on the point. No reply, however, was given by the Controller of Examinations, Council of Higher Secondary Education, Orissa to the s...
Pramod Kumar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Aug-02-2002
Reported in: 95(2003)CLT331
B. Ranigrahi, J.1. This is an appeal against the judgment of conviction and sentence passed by the learned Sessions Judge, Phulbani in S.T. Case No. 25 of 1995 under Sections 302/323/436 of the Indian Penal Code directing the appellant to undergo imprisonment forlife and also to pay a fine of Rs. 8,000/- in default to further rigorous imprisonment for 9 months under Section 302, IPC, but there was no separate sentence imposed for the offence under Sections 323 and 436 of the Indian Penal Code. 2. The appellant was prosecuted for commission of the offence under Sections 302/307/436, I.P.C. for having caused murder of one Sitaram Patnaik by means of a knife on 30.8.1994 around 10.30. P.M. in village Boida and also for having attempted to cause murder of Smt. Prabhasini Patnaik and Harekrushna Patnaik, It is further stated that the appellant had set fire to the dwelling house of deceased Sitaram Patnaik in the same night at about 1.00 A.M. The appellant and the deceased belonged to the sa...
The Oriental Insurance Company Ltd. Vs. Pramila Moharana and Four ors.
Court: Orissa
Decided on: Aug-02-2002
Reported in: 2004(I)OLR259
ORDERA.S. Naidu, J.1. This is an appeal filed Under Section 173 of the Motor Vehicles Act by the Oriental Insurance Company Ltd. Opp. Party No. 2 before the Motor Accident Claims Tribunal.2. Mr. Mohanty, learned counsel for the appellant challenges the impugned Award on the following two grounds :(i) the driver of the offending vehicle did not possess valid driving licence and hence there was breach of the terms of the Insurance Policy, and the Insurance Company is not liable to pay the compensation.And(ii) the quantum of compensation is in the higher side and should be reduced.3. The learned counsel for the claimants, on the other hand, forcefully submitted that the Tribunal after taking into consideration all the facts and circumstances of the case, has awarded a sum of Rs. 1,95,000/- and as the quantum is just and proper, should not be interfered with.4. On the basis of a claim petition filed by the respondents 1 to 4, M.A.C.T. Case No. 369/975 of 1994/91 was initiated. It was averr...
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