Orissa Court March 2003 Judgments
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Dhirendra Nath Tripathy Vs. State of Orissa
Court: Orissa
Decided on: Mar-17-2003
Reported in: 95(2003)CLT413
M. Papanna, JJ.1. Impugned judgment of learned Second Additional Sessions Judge, Bhubaneswar passed in S. T. No. 3/128 of 1993 convicting the accused (hereinafter referred to as 'the appellant') under Section 302 IPC and sentencing him to undergo Rigorous Imprisonment for life is under challenge in this appeal preferred from Jail.2. Prosecution case is that on 20/21.9.1992 at about 2 A. M. one Banshidhar Panda (informant) was sleeping in his house. Hearinghualla coming from the house of Pramila Panda (P.W.2), he woke up and rushed there. He found her father (deceased) lying on the ground with multiple injuries on his person. On query, she told him that as her father did not agree to transfer his land in favour of her husband, the latter inflicted injuries on the former by means of a stone (Silapua) and a knife. He fled away thereafter from the spot. The deceased succumbed to the injuries on the way to the Hospital. On the information 6f Banshidhar Panda (P.W. 1), Balipatna P. S. Case N...
Sanatan Sahu (Dead) After Him His L.Rs. Smt. Dula and ors. Vs. Naran B ...
Court: Orissa
Decided on: Mar-14-2003
Reported in: 96(2003)CLT50
P.K. Tripathy, J.1. Defendant No. 18 in Title Suit No. 59 of 1978 was the sole appellant in this First Appeal. The above noted appellants were substituted in his place after his death. Plaintiffs are the respondent Nos. 1 to 3 and they are the contesting respondents in this appeal/2. In the suit, plaintiffs sought for the following reliefs :'(a) Let the plaint 'C' Schedule properties be partitioned with the help of a Civil Court Commissioner and AO-05-05 of lands of the share of the plaintiffs and AO-3-05 purchased by the plaintiffs be allotted to the share of the plaintiffs be allotted to the share of the plaintiffs and possession of the be delivered to the plaintiff through Court. (b) Relief under Section 4 of the Partition Act be given to the plaintiffs in respect of lands purchased by defendants 13 to 24 out of the 'C' Schedule lands. (c) The order dt. 13.4.78 passed in Misc. Case No. 9 of 1976 be set aside. (d) ***** (e) *****' The Schedule 'C' property has been described in the ...
Smt. Bulbul Samantaray and ors. Vs. Dhirendra Kumar Samantaray
Court: Orissa
Decided on: Mar-14-2003
Reported in: AIR2003Ori154
ORDERP.K. Tripathy, J.1. Heard.2. This Civil Revision is disposed of at the stage of admission without issuing notice to the opposite party because of certain admitted facts which are readable from the impugned order passed by learned Civil Judge (Senior Division), Baripada in O.S. No. 1/676 of 2002/2001 so also not to detain disposed of the suit.3. The aforesaid suit is a proceeding under Section 13 of the Hindu Marriage Act. 1955 (in short 'the Act') in which the present petitioner No. 1 is the respondent and the opposite party is the plaintiff. Inter se relationship between petitioner No. 1 and the opposite party as wife and husband is not in dispute. It is also not in dispute that petitioner No. 2 Kumari Anshu Samantaray, aged about 6 years, is the daughter born out of the wedlock. In the aforesaid suit, interim maintenance and litigation expenditure was claimed by petitioner No. 1 for herself and also interim, maintenance for the minor daughter. Accordingly, she filed an applicati...
Abraham Mathews Vs. Asst. Commissioner, Kendriya Vidyalaya Sangathana ...
Court: Orissa
Decided on: Mar-13-2003
Reported in: 2003(I)OLR542
ORDER1. Heard Mr. J.M. Mohanty, learned counsel for the petitioner and Mr. A. Mohanty, learned counsel for the opp. parties.2. The minor daughter of the petitioner - Rini Abraham is studying in Kendriya Vidyalaya, INS, Chilka. She has been denied promotion from Class-VIII to Class-IX on the ground that she has secured only 6.8 out of 40 marks in Mathematics paper in the Annual Examination. The petitioner has filed this writ petition under Article 226 of the Constitution for directing the opp.parties to declare the petitioner's minor daughter to have passed in the Annual Examination of the year 2001-2002 and to declare her as promoted from Class-VIII to Class-IX.3. A copy of the mark-sheet issued by the principal, Kendriya Vidyalaya. INS. Chilka to the daughter of the petitioner for Class- VIII has been annexed as Annexure-1 to the writ petition. The marks that the petitioner's daughter has been given for practical and project, assignment, unit tests, cumulative examination (mid session...
Amrush Barla Vs. State of Orissa
Court: Orissa
Decided on: Mar-12-2003
Reported in: 95(2003)CLT424
M. Papanna, J. 1. This Jail Criminal Appeal is directed against the judgment of the learned Additional Sessions Judge, Rourkela in S. T. No. 11/7 of 1993. The accused (hereinafter referred to as 'the appellant') has been convicted under Section 302 of the Indian Penal Code by the learned trial Judge. He was sentenced to under Rigorous Imprisonment for life.2. The case of the prosecution is very simple. On 14.8.1992 at about 8 P.M. the occurrence took place, At the material time, the deceased, his son and one Herman were returning from Katepur weekly market. The appellant was also with them. On the way, he got angry with the deceased. He assaulted on his head by means of a lathi. Son of the deceased and Herman took him to their village. The deceased died before he was shifted to the hospital. On the report of his son, Bisra P. S. Case No. 28 of 1992 was registered. Police held inquest over the dead body. It was sent for autopsy. On completion of investigation, the appellant was charge s...
Land Acquisition Officer Vs. Bichitrananda Parija,
Court: Orissa
Decided on: Mar-12-2003
Reported in: 95(2003)CLT678
R.K. Patra, A.C.J.1. Aforesaid three appeals filed at the instance of the Land Acquisition Officer, Puri are respectively directed against the orders dated 28.8.1997, 23.10.1997 and 23.10.1997 passed by Shri S. N. Mishra, learned Civil Judge (Senior Division), Bhubaneswar in Land Acquisition Misc. Case Nos. 326 of 1994, 313 of 1994 and 312 of 1994 by which market value for the acquired land was determined at the rate of Rs. 4,00,000.00 per acre. Contending that the market value was determined on higher side against the weight of evidence on record, the appeals have been filed. As they are all analogous and common question of fact and law is involved, they are all disposed of by this common order. 2. In First Appeal No. 279 of 1998 land measuring Ac.0.90 decimals in plot no. 73 under khata No. 7 of mouza Bharatpur belonging to the respondent was the subject matter of. acquisition. In First Appeal No. 341 of 1998 respondents' land measuring Ac.0.815 decimals (Ac.0.670 dec. in plot No. 75...
Emco Limited and anr. Vs. Grid Corporation of Orissa Limited and ors.
Court: Orissa
Decided on: Mar-11-2003
Reported in: AIR2003Ori168; 95(2003)CLT790
R.K. Patra, A.C.J. 1. By this application under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the decision dated 21.9.2002 at Annexure-6/2 of the Board of Directors of Grid Corporation of Orissa Limited rejecting its bid and accepting opposite party No. 3's bid.Petitioner No. 1 is a limited company. Petitioner No. 2 is one of its shareholders. (For the sake of convenience they are hereinafter referred to as 'petitioner').2. The case of the petitioner is that it has been manufacturing, selling and supplying transformers for the last more than 35 years. The Grid Corporation of Orissa Limited (hereinafter referred to as 'the GRIDCO') invited sealed bids at Annexure-1 for supply and installation of Transformers Package E & F for EHV sub-stations. In response to the said invitation, the petitioner filed tender for Package No. E relating to supply of 4 numbers of 220/132/33 KV, 100 MVA Auto Transformers. In addition to the general and specific requiremen...
Umakant Pattnayak and ors. Vs. Management, Gaiety Cinema, Represented ...
Court: Orissa
Decided on: Mar-11-2003
Reported in: 95(2003)CLT780; (2003)IIILLJ377Ori
R.K. Patra, A.C.J. 1. The petitioners in this writ petition seek quashing of the award dated 25.8.1999 (Annexure-8) made by the Presiding Officer, Labour Court, Sambalpur in I.D. Case No. 60 of 1996 dismissing the reference.2. The case of the petitioners is that they are all workmen working as such in M/s. Gaiety Talkies, Sambalpur for more than 15 years. The Management temporarily closed the Cinema Hall from 13.12.1994 on the ground that the same would be repaired/ renovated. Although the Hail was closed, the petitioners were attending to their duties. On the demand made by some of the workers, the Management paid to them their full wages till February, 1995, The Cinema Hall was reopened on 12.12.1996 and the petitioners continued in their respective duties. But for the reasons known to the Management, it refused to pay the back-wages for the period the Hall was closed. Dispute was accordingly raised on behalf of the petitioners and the State Government referred the following dispute ...
Ajaya Kumar Das Alias Kanka Vs. State of Orissa
Court: Orissa
Decided on: Mar-11-2003
Reported in: 2003CriLJ2651
ORDERA.S. Naidu, J.1. The petitioner was accused in G.R. Case No. 1044 of 1998 in the Court of the J.M.S.C., Baripada. He was alleged to have committed an offence under Section 354 of the Indian Penal Code for outraging the modesty of a woman. It was alleged that on 1-11-1993 at about 4 p.m. while the informant and his wife were witnessing a 'Mela', the petitioner moved his hands on the private part of the wife of the informant. The petitioner was caught red-handed by the informant and his wife.' During trial, in order to prove its case, prosecution examined five witnesses, of whom P.W. 1 was the informant, P.W.2 was the wife of the informant, the victim, P.Ws. 3 and 4 were two independent witnesses and P.W.5 was the A.S.I. of Police, the investigating officer, P.W.2, in her deposition in Court categorically stated that the petitioner touched her private part while she was witnessing the 'Mela'. Immediately thereafter she (P.W.2) called her husband P.W. 1 who was a little ahead of her ...
Gajendra Mohapatra and Four ors. Vs. Padi Bewa (Died) by L.Rs. and ors ...
Court: Orissa
Decided on: Mar-10-2003
Reported in: 96(2003)CLT55
P.K. Tripathy, J.1. Plaintiffs are the appellants in this First Appeal. They filed Title Suit No. 300 of 1976 in the Court of Subordinate Judge, Cuttack with the prayer to grant a decree of partition by partitioning the suit Scheduled-'A' property of Khata No. 52, measuring an area of Ac.1.23 decimals in Mouza Daradagram, Tauji No. 2173 under Jagatsinghpur P.S. and to allot the area of Ac.0.33 decimals, sold under registered sale deed dated 24.10.1949, to the share of the plaintiffs by allotting 1/3rd share in favour of late Laxman and his son, who were succeeded by the widow of Laxman namely Chanda Bewa, and said Chanda Bewa sold the suit property in favour of the father of the plaintiffs as per the registered sale deed executed on 24.10.1949. Defendants in that suit are the recorded tenants belonging to a joint Hindu family. Out of them, defendants 1 to 3, 6 to 10 and 12 to 16 contested the suit by filing a joint written statement. Inter alia, they claimed that the suit land is part ...
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