Orissa Court May 2007 Judgments
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Keshab Sahu and ors. Vs. Nakula Sahu and ors.
Court: Orissa
Decided on: May-14-2007
Reported in: 104(2007)CLT604; 2007(II)OLR82
A.K. Parichha, J.1. The appellants as plaintiffs filed Title Suit No. 12 of 1998 in the Court of Civil Judge (Sr. Division), Talcher for declaration of their right title over the suit land and for issuance of permanent injunction restraining the defendant-respondents from interfering with their possession over that land. The case of the plaintiffs was that the suit land described in Schedules 'A' and 'B' of the plaint originally belonged to Pitabas Sahu. On his death his four sons, Bharat, Suna, Panchu and Sudam amicably divided the said property among themselves and in such division schedule 'A' properties fell to shares of Bharat, Panchu and Suna and Schedule 'B' land fell to the share of Sudam. Bharat, Panchu and Suna left their village and settled permanently at Palalahara. Bharat Sahu, ancestors of defendant Nos. 1 to 4 sold his share in the suit land to late Balabhadra and Bhagaban by plain paper sale deed dated 12.12.1959 and delivered possession. Similarly, Suna Sahu, father of...
Sureswar Bhoi Vs. Ujagar Urma and 18 ors.
Court: Orissa
Decided on: May-11-2007
Reported in: 104(2007)CLT154; 2007(II)OLR24
ORDER1. Heard.2. This writ petition has been filed challenging the order Annexure-4 passed by the Collector, Bargarh in Lease Revision Case No. 1 of 1997.3. Undisputed facts situation is that on 31.10.1985 Tahasildar settled Ac. 0.04 decimals of lands in favour of each of the opp. parties describing them to be homesteadless persons and belonging to tribal communities. Such land was allotted to them from Plot No. 1192(P) out of Khata No. 179 of Mouza Jhankarpali under Bargarh Police Station. Ten years after that settlement writ petitioner as member of the Managing Committee of Chakarkend M. E. School filed appeal before the Sub-Divisional Officer-Sub-Collector, Bargarh challenging to the order granting lease inter alia on the ground that, that premises is in possessions of the said school and being utilized as play ground of the children. Application under Section 5 of the Limitation Act filed by the petitioner was rejected on the ground of abnormal delay. Petitioner filed aforesaid Rev...
Guru Majhi Vs. State of Orissa
Court: Orissa
Decided on: May-11-2007
Reported in: 2007CriLJ3071
1. Heard.2. The Jail Criminal Appeal is disposed of in the following manner:Order of conviction of the appellant under Section 302, I.P.C. in Sessions Case No. 323 of 1995 of the Court of Sessions Judge, Koraput-Malkanagiri at Jeypore is under challenge. For his conviction under Section 302, I.P.C. the trial Court awarded him punishment of imprisonment for life. Appellant preferred the appeal from jail.3. The occurrence took place on 29-7-1995 at about 8.00 p.m. Accused was arrested at 3.00 p.m. on 31-7-1995 and thereafter from 1-8-1995 he is in judicial custody. This fact has not been disputed by both the parties.4. The simple and proved fact of involvement of accused in this case is that on the date of occurrence at about 8.00 p.m. when Sarbesawar Majhi (hereinafter referred as 'the deceased'), younger brother of the accused, was taking his night meal (supper), accused came to the house and there was a quarrel between both the brothers. In course of that quarrel, accused dealt axe bl...
Dasru @ Dolamani Patra @ Bhue and ors. Vs. State of Orissa
Court: Orissa
Decided on: May-11-2007
Reported in: 2007(II)OLR759
S. Panda, J.1. This appeal is directed against the judgment dated 21.9.2001 passed by the Addl. Sessions Judge, Bargarh in Sessions Trial Case No. 306/19 of 2000.2. Briefly the facts as disclosed by the prosecution are that, deceased Ahalya was the legally married wife of Appellant No. 1 Dasru @ Dolamani Patra @ Bhue, Appellant No. 2 Siba Patra @ Bhue is the younger brother of Dasru and Appellant No. 3 Usha Patra @ Bhue is the mother of Dasru and Siba. Ahalya married to Dasru as per their caste and custom, three to four years prior to her death. Some months after the marriage, the deceased was subjected to cruelty and harassment by her husband and other family members for which she came to her parents house and stayed there for about two to three years. After a compromise between the parties, the deceased went to her-in-laws house in village Karlajuri and on 25.4.2000 the deceased died in an unnatural manner while she was in the house of her-in-laws. Father of the deceased got informat...
State of Orissa Vs. Tripurary Pradhan and anr.
Court: Orissa
Decided on: May-10-2007
Reported in: 104(2007)CLT283; 2007(1)OLR786
ORDERA.K. Parichha, J.1. This is an appeal by the State against the order passed by learned Civil Judge (Senior Division), Deogarh inL.A. Case No. 31 of 2000 while answering a reference made under Section 18 of the L.A.Act by the Land Acquisition Zone Officer,Zone-II, Deogarh, for Rengali Dam Project.2. Ac. 1.55 decimals of land appertaining to Khata Nos. 91 & 13/9 of village Ganganon under Deogarh P.S. was acquired for the purpose of Rengali Dam Project under 4 (i) notification dated 16.6.1983 published in Orissa Gazette vide EGO No. 339 dt. 19.3.1984. The Land Acquisition Zone Officer, Deogarh after conducting inquiry under Section 11 of the Act awarded a compensation of Rs. 14,431.42 paise for the land, Rs. 1035.20 for the trees and Rs. 3491.97 paise for the house along with other statutory benefits. The claimant-respondents received the award under protest, and requested for reference of the matter to the Civil Court under Section 18 of the Act and in consequence, the matter came u...
Lajwanti Traders Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: May-10-2007
Reported in: (2007)9VST488(Orissa)
ORDER1. Heard learned Counsel for the parties.2. This writ petition has been filed challenging the procedure which is followed at the check-post for realisation of tax. Three annexures, namely, annexures 3, 4, and 5 have been annexed to show the procedure which is being followed in the matter of realisation of tax. It is not in dispute that the petitioner has paid the tax and the goods have been allowed to pass the check-post. But the petitioner challenging the said procedure of realisation of tax as unfair has filed this writ petition.3. The petitioner claims to be a registered dealer under the Orissa Value Added Tax Act, 2004 and also under the Central Sales Tax Act, 1956. The impugned annexures would show that the petitioner was transporting goods to M/s. Anand Solvex Ltd., Hyderabad, and the value of the goods has been mentioned in the way-bill which is in a statutory form. It is not in dispute that all the particulars required to be furnished in the way-bill have not been furnishe...
Dash Agency Vs. Sales Tax Officer, Assessment Unit and ors.
Court: Orissa
Decided on: May-10-2007
Reported in: (2007)9VST482(Orissa)
ORDER1. Heard Mr. J. Sahu, learned Counsel for the petitioner and Mr. R.P. Kar, learned Additional Standing Counsel for the Revenue.2. The petitioner, who is a registered dealer under the Orissa Value Added Tax Act, 2004 and has been granted a TIN number challenges the order of assessment dated January 17, 2007 passed by the Sales Tax Officer, Assessment Unit, Jagatsinghpur-opposite party No. 1 under the Orissa Value Added Tax Act, 2004 vide annexure 3 on the following grounds:That the provisions of Section 2(4) of the OVAT Act defining the expression 'assessing authority' being relevant the same are reproduced below:Section 2(4) : 'Assessing authority' means any officer appointed under Sub-section (2) of Section 3 who is authorised by the Commissioner to make assessment under this Act.The provisions of Rule 34(8) and Rule 34(12) of the Orissa Value Added Tax Rules, 2005 being relevant the same are reproduced below:Rule 34(8): The return under Sub-rule (1) shall be filed in the range a...
State of Orissa Vs. Fakir Kar and Three ors.
Court: Orissa
Decided on: May-09-2007
Reported in: 2007(II)OLR39
1. Heard argument, hearing is concluded and the judgment is as follows.2. Respondents were the four out of eight accused persons who faced sessions trial in the Court of Sessions Judge, Puri in S.T. No. 154 of 1986. In that trial, charge was framed against the accused under Section 302/34, I.P.C. read with Section 498A, 201, I.P.C. and Section 4 of the Dowry Prohibition Act. At the same time, charge for the offence under Section 201, I.P.C. was framed against the and four other accused persons. After recording prosecution evidence, those four accused persons charged under Section 201, I.P.C. were acquitted under Section 232, Cr.P.C. Learned Sessions Judge after considering the prosecution case and the defence version, also granted the order of acquittal under Section 235, Cr.P.C. in favour of the respondents as per the impugned judgment delivered on 02.03.1987.3. Prosecution case as it reveals from the Lower Court's Record, is that Mami (the deceased) married to accused Duryodhan. Accu...
Arakhita Behara (Dead) After Him Tamapa Behara and ors. Vs. Ganta SwaI ...
Court: Orissa
Decided on: May-09-2007
Reported in: 104(2007)CLT297
A.K. Parichha, J.1. This Second Appeal is directed against the Judgment passed by Learned District Judge, Ganjam-Boudh in Title Appeal No. 23 of 1980 confirming the Judgment and decree of Learned Sub-ordinate Judge, Aska passed in T.M.S. No. 43 of 1978.2. The original Respondent, Ganta Swain, as Plaintiff filed the above noted TMS asking for a decree directing the defendant to deliver possession of the suit land to the Plaintiff-Respondent on the latter's depositing Rs. 1350/- and to render account of profit derived from the suit land and return the document dated 4.4.1967 to the Plaintiff after endorsing full satisfaction thereon. The case of the Plaintiff was that he borrowed Rs. 1350/- from defendant and executed a mortgage deed dated 4.4.1967 in respect of the suit land and delivered possession of the same with the condition that on repayment of the loan amount on completion of one year the defendant would re-convey the suit land to the Plaintiff. It was alleged that on completion ...
Shiv Kumar Santuka Vs. Priti Bhagat and ors.
Court: Orissa
Decided on: May-07-2007
Reported in: 2007(II)OLR122
A.K. Parichha, J. 1. This is an appeal against the order of learned District Judge, Cuttack in R.F.A. No. 40 of 2004 reversing the findings recorded by learned Civil Judge (Jr. Division), 1st Court, Cuttack in Title Suit No. 389 of 2001 (T.S. No. 196 of 1996) and remanding the same to the trial Court for fresh disposal.2. The present respondent filed H.R.C. Case No. 67 of 1986 before the House Rent Controller; Cuttack Under Section 7 of the Orissa House Rent Control Act (in short 'the OHRC Act') for eviction of the tenant appellant from the suit premises on the ground of bona fide requirement of the suit house by the landlord and default in payment of rent by the tenant. Prayer was also made for fixation of fair rent. In that proceeding the prayer for eviction of the tenant was rejected with the observation that the tenant was not a chronic defaulter in payment of rent and that the landlord was not in bona fide requirement of the suit premises. The prayer for fixation of rent was allow...
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