Orissa Court August 2003 Judgments
Dinakrushna Vs. Smt. Sunanda Behera
Court: Orissa
Decided on: Aug-21-2003
Reported in: 2003CriLJ5102; 2003(II)OLR492
ORDERM. Papanna, J.1. Invoking inherent powers of this Court the present petitioner makes this application seeking quashment of order of learned S.D.J.M., Beripada taking cognizance of offence against him Under Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'Act') in ICC No. 101 of 2000/99.2. Complainant's case is that while the petitioner was working as Chairman, Baripada Municipality, he and his staff demolished her shop rooms. The petitioner abused her husband saying 'Dhoba'. As a result, he felt insulted in the public. On complainant's information Baripada Town P.S. Case No. 224/99 was registered. D.S.P., Baripada as authorised officer investigated into the case. He submitted final report stating it as mistake of law. On receipt of notice issued by learned S.D.J.M., Baripada in this regard complainant filed protest petition. Basing on the protest petition, I.C.C. No. 101 of 2000/99 was registered in the Court of learned S.D.J.M., Baripada...
Tag this Judgment!Sri Sri Balunkeswar Mahadev and anr. Vs. Smt. Brajeswari Mohapatra and ...
Court: Orissa
Decided on: Aug-20-2003
Reported in: AIR2004Ori42; 96(2003)CLT732
B.P. Das, J.1. Though this matter was listed today for admission, with the consent of the learned counsel for the parties, the appeal was taken up for hearing and final disposal.2. Heard Shri S. Misra for the appellants and Shri K.R. Mohapatra for respondent No. 1 and Shri A.K. Rath for respondent No. 2, i.e. the Commissioner of Endowments.3. This appeal under Section 44(2) of the Orissa Hindu Religious Endowments Act, 1951 (in short 'the Act') is directed against the judgment passed by the Deputy Commissioner of Endowments, Orissa, Bhubaneswar, in F. A. No. 8 of 1997, reversing the judgment dated 30.12.1996 passed by the Addl. Asst. Commissioner of Endowments, Sambalpur, in O.A. No. 4 of 1995 and remanding the matter to him for a fresh disposal in accordance with the provision of law from the stage of issuance of the notice under Order 1, Rule 8 of the Code of Civil Procedure, ('CPC' in short).4. The facts leading to the present appeal, as transpire from the record, are as follows :Th...
Tag this Judgment!Usharani Lenka and Panigrahi Subash Chandra Dash @ Sahoo Vs. Panigrahi ...
Court: Orissa
Decided on: Aug-19-2003
Reported in: AIR2005Ori3; 98(2004)CLT343; [2006(1)JCR20(NULL)]
A.K. Parichha, J.1. Both the appeals are directed against the order of the learned Judge, Family Court, Cuttack in Civil Proceeding No. 182 of 1997, wherein the learned Judge, -Family Court has granted divorce by dissolving the marriage between the parties subject to payment of permanent alimony of Rs. 40,000/- by the husband to the wife.2. Panigrahi Subash Ch. Dash @ Sahoo, (hereinafter called as 'the husband') filed Civil Proceeding No. 182 of 1997 under Sections 12 and 13 of the Hindu Marriage Act read with Section 7 of the Family Courts Act for declaration that the marriage between him and Usharani Lenka (hereinafter to be called as 'the wife') is null and void and also for a decree of divorce dissolving their marriage. The case of the husband as set out in the civil proceeding is that his marriage with Usharani Lenka was solemnized on 22.5.1997 according to Hindu Rites and Customs, But the marriage never consummated as the wife refused to have sexual relationship withhim on the 4t...
Tag this Judgment!Gayadhar Mohanty and anr. Vs. Abhimanyu Pattanaik and ors.
Court: Orissa
Decided on: Aug-14-2003
Reported in: 96(2003)CLT711
A.K. Patnaik, J.1. This is a second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'the CPC').2. The relevant facts briefly are that respondent Nos. 1 and 2 filed O.S. No. 80 of 1978-1 in the Court of the learned Munsif, Bhadrak for declaration of title, confirmation of possession or in the alternative recovery of possession, and for permanent injunction in respect of the suit land measuring Ac. 0.12 decimals. In the said suit, seven defendants were impleaded and appellant Nos. 1 and 2 were impleaded as defendants 6 and 7. The case of the two plaintiffs in the said suit was that the suit land was originally part of the joint family properties recorded in the name of Madhu Sahu, Agani Sahu, Gangadhar Sahu, Naran Sahu, Dama Sahu and Madan Sahu. Madhu died leaving behind his son Mohan. Gangadhar died leaving behind his son Kabuli. The branches of the aforesaid joint family amicably partitioned the joint family properties and the share of the each branch in the j...
Tag this Judgment!Narayan Parida Vs. State of Orissa
Court: Orissa
Decided on: Aug-14-2003
Reported in: 2003(II)OLR590
L. Mohapatra, J.1. This appeal is directed against an order of conviction and sentence passed by learned Sessions Judge, Keonjhar convicting the appellant Under Section 302 of the Penal Code and sentencing him to undergo imprisonment for life. The appellant and three other accused persons were tried for commission of offence Under Section 302/34 of the Indian Penal Code, but on consideration of evidence, the learned Sessions Judge convicted the appellant Under Section 302 of the Penal Code and acquitted the other 3 accused persons of the charges.2. The case of the prosecution is that on the day preceding the date of occurrence i.e. on 21.10.1992 at about 4 P.M. a quarrel ensued between the appellant Narayana on one hand and the informant-P.W.4 Baikuntha on the other. During course of such quarrel the appellant assaulted the informant. The informant reported about the incident in Ghasipura Police Station, on the basis of which G.R. Case No. 378/1992 had been registered in the Court of t...
Tag this Judgment!Chinta Alias Prafulla Dehury Vs. State of Orissa
Court: Orissa
Decided on: Aug-14-2003
Reported in: 2003(II)OLR351
Sujit Barman Roy, C.J.1. This appeal at the instance of the appellant Chinta @ Prafulla Dehury is directed against the judgment dated 30.9.1994 passed by the learned Sessions Judge, Balasore in Sessions Trial No. 13 of 1994 convicting the appellant under Section 302, IPC and sentencing him thereunder to suffer rigorous imprisonment for life.2. Prosecution case in brief is that on 9.7.1993 at about 10 P.M. an F.I.R. was registered at Basta Police Station, Eiasta. Balasore on the basis of a complaint lodged by P.W. 1. Taramani Sethi. The said complaint was initially received at the spot at about 4 P.M. on 9.7.1993 which was subsequently registered at the said police station on 9.7.1993 at about 10 P.M. in the said complaint, it was alleged that the informant was working as a maid servant: in the house of Panalal Jojodia (since deceased) since the preceding two and half years on monthly pay of Rs. 300/-. The informant used to go to the house of the deceased everyday at 7.30 A.M. in the mo...
Tag this Judgment!Special Land Acquisition Officer Vs. Akura Gouda
Court: Orissa
Decided on: Aug-12-2003
Reported in: 96(2003)CLT428
Pradip Mohanty, J.1. This is an appeal under Section 54 of the Land Acquisition Act filed by the appellant-Land Acquisition Officer, Dhenkanal, being aggrieved by the order dated 25.1.1995 passed by the Civil Judge (Sr. Divn.), Talcher, in Land Acquisition Misc. Case No. 27 of 1988. The respondent has preferred a cross-objection to enhance the award amount.2. The facts of the case, in brief, leading to the first appeal are as follows :Admittedly, pursuant to notification dated 24.5.1982 under Section 4(1) of the Land Acquisition Act (for short, the 'Act'), the Government of Orissa acquired the homestead land measuring Ac. 0.08 decimals, appertaining to Khata No. 118, Plot No. 1346 of mouja Padiabhanga in the district of Dhenkanal which belonged to the claimant-respondent, for construction of National High Way No. 23. The said acquired land has a building standing thereon. The claimant-respondent received the compensation with objection. Hence the Land Acquisition Officer made a referen...
Tag this Judgment!Panchei Bewa and ors. Vs. Gouranga Charan SwaIn and anr.
Court: Orissa
Decided on: Aug-12-2003
Reported in: II(2004)ACC505; 96(2003)CLT351
Pradip Mohanty, J.1. These two appeals arise out of the common order dated 1.11.2001 passed by the 2nd Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 994 of 1992. Hence, this judgment will govern both the cases.2. The fact of the case, in brief, is that on 6.10.92 at about 2.30 P. M. while one Surendra Kumar Mantri (deceased) was going towards Kujanga in his bicycle, the offending truck bearing registration No. ORY 5525 coming from Paradip side in a rash and negligent manner dashed against the deceased near Kujanga Post Office as a result of which he received severe injuries on his person. The deceased was removed to the hospital and on the way he succumbed to the injuries. The claimants, being the mother, brother and sister of the deceased have filed the petition claiming compensation for the death of the only earning member of their family.3. The opposite party No. 1- owner filed written statement but did not take part ,in course of hearing, Opp. party No. 2, the Insuran...
Tag this Judgment!Ganesh Patra and ors. Vs. Banabihari Patra (Dead) and After Him His L. ...
Court: Orissa
Decided on: Aug-08-2003
Reported in: AIR2004Ori23; 96(2003)CLT436
A.K. Patnaik, J. 1. This is a second appeal, under Section 100 of the Code of Civil Procedure, 1908 (CPC).2. The relevant facts briefly are that the appellants filed Original Suit No. 26 of 1980 (1) in the Court of the learned Munsif, Puri for declaration of right, title and interest in the suit land measuring Ac. 0.08 decimals out of Ac. 0.024 decimals in Plot No. 2131/ 6789 under Khata No. 386 in village Pattapur in Puri district and for permanent injunction restraining the defendant from interfering with their possession over the suit land. The case of the appellants as plaintiffs in the said suit was that the suit land originally was part of the joint family properties of the plaintiffs and the defendant. The defendant brought a suit O.S. No. 81 of 1951-1 for partition of the joint family properties in the Court of the learned Subordinate Judge, Puri. The said suit was decreed preliminarily on 26.9.1951 on compromise and in the said preliminary decree, the shares of the parties wer...
Tag this Judgment!Divisional Manager, Orissa Forest Development Corporation Ltd. Vs. Shi ...
Court: Orissa
Decided on: Aug-07-2003
Reported in: I(2004)ACC800; 96(2003)CLT509
B.P. Das, J.1. These two appeals as well as M.A. No. 550 of 1994 are directed against the common order dated 11.3.1994 passed by the Second Motor Accident Claims Tribunal Northern Division, Sambalpur in Misc. (A) Case Nos. 20, 21 and 22 of 1991(S). As all the three claim cases arose out of one and the same accident, the appeals were made analogous. During pendency of the appeals before this Court, M.A. No. 550 of 1994 having been dismissed for default on 21.8.1997, M.A. Nos. 546 and 549 of 1994 were heard analogously and are being disposed of by this common judgment.2. The short facts giving rise to the present appeals are that on 28.6.1990 the deceased Ramesh Chandra Sharma who was working as Divisional Manager, Orissa Forest Development Corporation Ltd. (Plantation Division), Bolangir was proceeding towards Bolangir from Sambalpur via Padampur along with his wife-Jharana Sharma and daughter-Sheela in his office Jeep bearing Registration No. ORR-5233 to attend certain official work at...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »