Orissa Court February 2003 Judgments
Bhajaman @ Byajaman Parida Vs. Ram Ch. @ Kelu Nayak (Dead) After Him R ...
Court: Orissa
Decided on: Feb-25-2003
Reported in: 96(2003)CLT59
B. Panigrahi, J.1. The defendant No. 1 in O.S. No. 421 of 1985 of the Court of Munsif, Puri has filed this appeal challenging the reversing judgment and decree passed by the learned District Judge, Puri in Title Appeal No. 80 of 1089.2. The factual matrix leading to this, appeal is as follows :The plaintiffs have claimed to be the sons of one Natabar Nayak. For better appreciation of the case of both parties, it is necessary to state the genealogy. One Gobardhan Nayak had two sons, namely, Baja Nayak and Jayakrushna Nayak. Baja had one son by name Natabar, father of the plaintiffs whereas defendant No. 2, Kunkumamani Mohanty, is the daughter of Jayakrushna. It is alleged in the plaint that Baja and Jayakrushna constituted a joint family. Jayakrishyna had no male issue. Natabar while he was two years' old was given in adoption to Jayakrushna and was brought up by him as his natural born son. After the death of Jayakrushna the entire properties were enjoyed and possessed by Natabar and t...
Tag this Judgment!Ganesh Chandra Nayak Vs. State of Orissa
Court: Orissa
Decided on: Feb-25-2003
Reported in: 2003CriLJ3142
ORDERA.S. Naidu, J.1. The dispute centres round as to whether during the pendency of a proceeding under Section 20(b)(ii)(b) of the N.D.P.S. (Amendment) Act, a vehicle involved in transportation of contraband articles can be released in favour of the owner under Section 457, Cr. P.C.2. By the impugned order dated 13-12-2002, the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in 2(a) CC No. 4 of 2002 declined to release a Maruti Van bearing registration number OR-02B 8487 in favour of the petitioner who claims to be the owner of the said vehicle on the ground that the possibility of reusing the vehicle again for transporting the contraband articles cannot be ruled out. Admittedly the said vehicle was caught red-handed when transporting Ganja.3. The learned counsel for the petitioner submitted that the vehicle was used for the purpose of transporting the contraband articles without his knowledge and contravening the directions issued by him. It is further forcefully submitte...
Tag this Judgment!Smt. Basanti Satapathy and Two ors. Vs. Rakesh Kumar Satapathy
Court: Orissa
Decided on: Feb-25-2003
Reported in: 2003(I)OLR516
P.K. Balasubramanyan, C.J.1. This revision is by the defendants in a suit for partition. The plaintiff, the opposite party herein, filed the suit claiming that he was the adopted son of one Badrinarayan Satapathy through his first wife. Defendant No. 1 claims to be the second wife of late Badrinarayan Satapathy and defendant No. 2 is her daughter through Badrinarayan Satapathy. Defendants 1 and 2 filed a written statement challenging the status of adopted son put forward by the plaintiff in the suit.2. The suit was posted for steps and ultimately it was posted for 'hearing'. On that day, defendants 1 and 2 filed an application under Order 6. Rule 17 of the Code of Civil Procedure seeking to amend their written statement and seeking to include a counter claim seeking a declaration that the deed of adoption relied on by the plaintiff was void. It appears that the plea sought to be introduced is one of non-est factum. This application for amendment of the written statement was opposed by ...
Tag this Judgment!Santosh Kumar Mishra Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Feb-25-2003
Reported in: 2003(I)OLR457
R.K. Patra, J.1. In this writ petition, the petitioner seeks to assail the validity of the order dated 4.5.1998 passed by the Central Administrative Tribunal, Cuttack in O.A. No. 698 of 1997 by which his prayer for appointment to the post of E.D.B.P.M., Bichikota Branch Office was rejected.2. Facts relevant for disposal of this writ petition are as follows :The petitioner after passing H.S.C. Examination got his name registered in the Sub-Employment Office at Gunupur. In response to the requisition of the Senior Superintendent of Post Offices, Koraput Division, Jeypore, Junior Employment Officer sponsored the petitioner's name along with others. After verification of documents, he was selected and by order dated 6.10.1996 he was informed that he had been provisionally selected for the post of E.D.B.P.M., Bichikota Branch Office. The S.D.I. (P) Gunupur was directed to verify his documents personally and if found genuine to appoint him in the post of E.D.B.P.M., Bichikota. Although the p...
Tag this Judgment!Labanya Singh Vs. Tapoi Singh and anr.
Court: Orissa
Decided on: Feb-24-2003
Reported in: AIR2003Ori155
B. Panigrahi, J. 1. Plaintiff in Title Suit No. 101 of 1993 of the Court of Civil Judge (Jr. Division), Bhubaneswar is in appeal. This appeal is against the reversing judgment passed by the lower appellate Court whereby the appellant's suit for cancellation of the registered sale deed No. 8878 dated 9-8-1989 was dismissed.2. The factual matrix leading to this appeal is as follows:The plaintiff-appellant is the owner and in possession of the suit land measuring an area of Ac. 0.074 decimals out of Ac. 0.110 decimals corresponding to plot No. 153, Khata No. 207 situated in mauza-Saradeipur. She is an illiterate village rustic lady. Defendant No. 2 is her son through the first husband. Defendant No. 1 is the wife of defendant No. 2. The appellant has been residing in the house of her second husband with her son Trinath. While the appellant was suffering from cataract in her eyes and she required treatment of her eye, the defendant No. 2 persuaded her to come to Bhubaneswar so that the cat...
Tag this Judgment!Smt. Dhani Nayak and ors. Vs. Sanakara Nayak
Court: Orissa
Decided on: Feb-24-2003
Reported in: 2003CriLJ2143; II(2003)DMC658
ORDERP.K. Tripathy, J.1. Heard.2. Both the criminal revisions are heard analogously being against the common impugned order and they are disposed of in the following manner.3. Petitioners in Criminal Revision No. 705 of 2001 filed application under Section 125, Cr. P.C., registered as Criminal Misc. Case No. 29 of 1990 in the Court of J.M.F.C., Nimapara and petitioner in Criminal Revision No. 517 of 2001 was the sole opposite party in that proceeding. For the sake of convenience in reference they are hereinafter described as the petitioners and the opposite party respectively.4. Petitioner No. 1 claiming herself to be the legally married wife and petitioners 2 and 3 being children out of wedlock claimed for maintenance from the opposite party on the allegation of cruelty and desertion besides their incapacity to maintain themselves. That application was resisted by the opposite party with the specific plea that petitioner No. 1 is not his legally married wife and petitioners 2 and 3 ar...
Tag this Judgment!Sri Krushna Chandra Sahoo and 3 ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-24-2003
Reported in: 2003(I)OLR361
ORDER1. Heard Mr. M.K. Das, learned counsel for the petitioners and Mr. K.C. Kar, learned Addl. Standing Counsel for opp. parties 1 to 4.2. The case of the petitioners are that they are all functioning as Sub-wholesalers in kerosene oil in different places under Marsaghai Block, Kendrapara district as per the details given herein below :-----------------------------------------------------'Name of petitioners Place of Business------------------------------------------------------1. Krushna Ch. Sahoo Bhusaranga 2. Debabrata Swain Marsaghai3. Kunal Kumar Swain Silipur4. Bishnu Ch. Routray Gaudagaon'.------------------------------------------------------3. Under the circulars dated 2.6.1975 of the Government of Orissa, Food, Supplies and Consumer Welfare Department (Annexure-1 to the writ petition), dated 5.2.1980 of the Government of Orissa, Food and Civil Supplies Department (Annexure-2 to the writ petition) and dated 22.9.2000 of the Government, of Orissa, Food, Supplies and Consumer W...
Tag this Judgment!Mathuri Bewa and ors. Vs. Smt. Prafulla Routray and ors.
Court: Orissa
Decided on: Feb-21-2003
Reported in: AIR2003Ori136
B. Panigrahi, J. 1. The legal heirs of defendant No. 1 and defendant No. 2 in O. S. No. 95/24 of 1981/79-I of the Court of Subordinate Judge, Bhubaneswar are the appellants agafnst a reversing judgment passed by the lower appellate Court. 2. The respondent No. 1 is the daughter of Radhu Parida, the original plaintiff. The respondents 2 to 4 are defendants 4 to 5 in the trial Court. Similarly respondent No. 5 is defendant No. 6. The original plaintiff had filed a suit for declaration that the defendant-appellants have no right, title and interest over the suit land and for permanent injunction. It has been stated, inter alia, by the original plaintiff Radhu Parida that the 'A' Schedule property of the plaint was the ancestral property which stood recorded during the last settlement of 1962 in the names of Banamali Parida, Kelu Parida, Parasuram Parida, Sons of Uchhab Parida and Binod Parida, (father of the plaintiff) jointly. The father of the plaintiff had 8 annas interest whereas the ...
Tag this Judgment!Smt. Manasi Mohanty Vs. Gokul Chandra Das
Court: Orissa
Decided on: Feb-21-2003
Reported in: AIR2003Ori148
ORDERP.K. Tripathy, J. 1. Heard. 2. This CRP stands disposed of at the stage of admission after hearing learned counsel for the petitioner. 3. Petitioner challenges the order dated 6-12-2002 vide Serial No. 152 in O.S. No. 39 of 1997 of the Court of Civil Judge (Sr. Division), Udala purporting to have been passed on an application under Section 151, C.P.C. 4. Learned counsel for the petitioner states that O.S. No. 39 of 1997, a proceeding under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), was instituted by opposite party/husband and the petitioner/wife appeared as respondent in that suit. He further states that the application filed Under Section 24 of the Act having been rejected by the Court below relating to interim maintenance petitioner preferred Civil Revision No. 278 of 2001 and this Court enhanced the cost of litigation from Rs. 500/- to Rs. 1500/- but did not direct for payment of interim maintenance. Earlier to that, an application filed by the present pe...
Tag this Judgment!Smt. Lata Bhoi and anr. Vs. Durga Prasad Bhoi
Court: Orissa
Decided on: Feb-21-2003
Reported in: AIR2003Ori202; 2003(I)OLR380
B. Panigrahi, J. 1. The plaintiffs in Title Suit No. 13 of 1995 before the Civil Judge, Senior Division, Padampur have filed this appeal against the concurrent findings of the Courts below dismissing their suit for declaration that the registered Will dated 2-3-1994 was void, illegal and inoperative. 2. One Jogindra Bhoi had two sons, namely, Goraehand, father of the defendant and Amrut. The appellants are the widow and daughter of late Amrut. It is, however, pleaded by the appellants that after the death of Amrut the defendant and his father ill-treated the plaintiffs though the father-in-law Jogindra and appellant No. 1 had a strong liking for each other. Therefore, the appellants filed a suit for partition in T. S. No. 27 of 1991 claiming their legitimate share and it was decreed preliminarily and final decree application is pending, Jogindra, the grandfather of the defendant was seriously ill on account of his old age and bedridden. He lost his mental faculty. He died on 3-3-1994. ...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »