Orissa Court February 2004 Judgments
Krushna Beriha (After Him) Draupadi Beriha and ors. Vs. Smt. Gulabati ...
Court: Orissa
Decided on: Feb-09-2004
Reported in: 97(2004)CLT556
B.P. Das, J.1. This First Appeal is directed against the judgment and decree passed in Title Suit No. 72 of 1984. The aforesaid suit was filed for partition of suit Scheduled 'A' property into two equal shares and allotment of one share to the plaintiff and for declaration of plaintiff's right, title and interest over Schedule 'B' property and recovery of possession of the same.2. The case of the plaintiff in short is as follows :One Padmolochan Beriha had three sons : Nitai, Abhi and Krushna (Defendant No. 1 in Court below and appellant before this Court). Abhi died issueless and his line extinguished. Nitai, the father of the plaintiff, was murdered on 6.4.1984 leaving behind the plaintiff as his only issue. At the time of death, Nitai was in jointness with his brother Krushna-Defendant No. 1 and the Scheduled 'A' property was their joint family property. Apart from that, Nitai, who was working as a Mate in the P.W.D. Department, had constructed a pucca house out of his own income, w...
Tag this Judgment!Prasanna Kumar Moharana and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-06-2004
Reported in: 97(2004)CLT361; 2004(I)OLR702
L. Mohapatra, J. 1. This application under Section 482, Cr.P.C. has been filed challenging the order dated 18.8.2000 passed by the learned J.M.F.C., Sambalpur in G. R. Case No. 1401 of 1999 framing charge for commission of offences under Sections 498(A), 506 and 34 of the Penal Code read with Section 4 of the Dowry Prohibition act. It appears from the record that initially the G.R. Case was registered in the Court of the learned S.D.J.M., Sambalpur and subsequently the same has been transferred to the Court of the learned J.M.F.C.2. The petitioners are accused persons in the aforesaid G.R. Case. The petitioner No. 1 is the husband of opposite party No. 2 and petitioner Nos. 2 and 3 are the parents of petitioner No. 1. The allegation of opposite party No. 2 is that she had married the petitioner No. 1 as per Hindu customs and rites and after living together for sometime there were differences and opposite party No. 1 lodged an FIR on 19.4.1998 alleging (herein that prior to marriage the...
Tag this Judgment!Smt. Sudeshna Padhi Vs. Loya Suborno and ors.
Court: Orissa
Decided on: Feb-06-2004
Reported in: 97(2004)CLT474
L. Mohapatra, J.1. This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Rayagada in Title Suit No. 7 of 1980 at the instance of the defendant.2. The suit was filed by the respondents for a declaration that the sale of the suit lands by plaintiff No. 2 in favour of the defendant is void and illegal. In the alternative plaintiffs 1 and 3 claimed separate possession of 2/3rd share of the suit lands and mesne profits were also claimed, Case of the plaintiffs-respondents in short is that the disputed properties originally stood recorded in the name of Loya Arjuno who is husband of plaintiff No. 1. Plaintiff , No. 2 is the son of Loya Arjuno and plaintiff No. 1 and plaintiff No. 3 is the daughter. Said Loya Arjuno died in or about 1961 leaving behind the plaintiffs who succeeded to the properties. They were holding the properties jointly which included the suit lands. At a later stage, plaintiff No. 1 got the lands recorded in the name of plaintiff...
Tag this Judgment!Narendra Mohapatra Vs. Manorama Mohapatra
Court: Orissa
Decided on: Feb-06-2004
Reported in: 97(2004)CLT471; 2004CriLJ1949; II(2004)DMC626; 2004(I)OLR305
L. Mohapatra, J.1. This revision is directed against the judgment and order dated 23rd March, 2000 passed by learned Judge, Family Court, Rourkela in Criminal Proceeding No. 53 of 1999 allowing maintenance Rs. 500/- per month to the opposite party in a proceeding under Section 125, Cr.P.C.2. The case of the opposite party is that she had married the petitioner in the year 1961 and out of the wedlock three daughters and one son were born. After the marriage the opposite party was residing in her matrimonial house at Rajkanika and the petitioner was residing at Rourkela and was serving as a senior teacher in Rourkela Steel Plant. At that point of time the petitioner developed relationship with one of his students, namely, Basanti Sahoo and started neglecting the opposite party and children. Coming to know about such relationship the opposite party lost her mental balance and taking advantage of such condition, the petitioner in collusion with said Basanti Sahoo took her to Uditnagar Cour...
Tag this Judgment!Divisional Manager, the New India Assurance Co. Ltd. Vs. Gantai Muduli ...
Court: Orissa
Decided on: Feb-06-2004
Reported in: I(2005)ACC81; 97(2004)CLT620
A.S. Naidu, J.1. This is an appeal under Section 173(1) of the Motor Vehicle Act, 1988 filed by the New India Assurance Company Limited, inter alia, challenging the award dated 13.4.1995 passed by the 2nd Motor Accident Claims Tribunal (Southern Division), Berhampur in MAC No. 551/93 (327/93). The said claim case was filed by respondent Nos. ' and 2 on account of death of their son in a motor accident. It is alleged that son of the claimants was travelling in a mini bus bearing registration No. OR-074297 and due to the rash and negligent driving of the driver of the said mini bus, it met with an accident on 15.4.1993 at 7.30 a.m., thereby causing his death.2. The Tribunal on the basis of the evidence arrived at a finding that the age of the deceased was 18 years and his monthly income was Rs. 1000/-. On the basis of such finding, the Tribunal awarded a sum of Rs. 1 lakh as compensation with interest @ 9% per annum from the date of application, i.e., 5.7.1993 till realization.3. The awa...
Tag this Judgment!Shyama Sundar Behera Vs. Rasananda Behera and ors.
Court: Orissa
Decided on: Feb-06-2004
Reported in: 2004CriLJ2213
ORDERL. Mohapatra, J.1. The petitioner in all the three revisions is the informant in G. R. Case No. 328 of 1993 registered for commission of offences under Sections 379, 294, 506 and 34 of the Penal Code and disposed of by learned Judicial Magistrate, First Class, Cuttack. From the record, it appears that the case had been split up against the accused persons and three separate judgments have been delivered acquitting the accused persons resulting in filing of three revisions before this Court.2. The case of the prosecution is that on 9-4-1993 at about 5.00 p.m. accused Daitari, his father Rasananda and his brother entered into the plot under occupation of the informant armed with lathi and other weapons and threatened the informant to kill and abused him in filthy language. While the informant came out of land under his occupation, the accused persons removed the stones about 100 (one hundred) in number forcibly. After the F.I.R. was lodged on these allegations investigation was take...
Tag this Judgment!Upendra Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-04-2004
Reported in: 98(2004)CLT56; [2004(102)FLR548]; 2004(I)OLR542
B.P. Das, J.1. Heard Shri N. K. Mishra, learned counsel for the petitioner, and learned Addl. Government Advocate for the State.2. The petitioner, who is an expert in tribal-languages, has filed this writ petition for a direction to the opposite parties to grant him pension for his rendering service in teaching tribal languages to the officials of the State Government and social workers working in tribal areas.3. The facts narrated in this writ petition tend to reveal that the petitioner is an expert in tribal languages. The petitioner after resigning from Government service established an institute, namely, 'Institute of Tribal Dialects and Culture' where top officials of the State Government and other persons including social workers working in the tribal areas were taught tribal languages/dialects which was useful while dealing with the matters relating to the tribal people. The efforts of the petitioner also helped the Government in implementing its Policy of teaching tribal langua...
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