Orissa Court June 2007 Judgments
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Manguli Pradhan and Brajabandhu Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 104(2007)CLT214
P.K. Tripathy, J.1. Both the Writ Petitions, on consent of the parties, were heard analogously and this Judgment shall abide the result in the both the Writ Petitions.2. Petitioners challenge order of settlement of ceiling surplus land in favour of Opposite Parties 5 to 7 and the dispute arises therefrom.3. Undisputed fact apparent on averments made in the Writ Petitions, rejoinder and the counter affidavit of Opposite Parties 5 to 7 is that disputed property is the ceiling surplus land measuring an area of one acre. Following the provision in Rule-38-A of the Orissa Land Reforms (General) (Rules), 1965 (in short the 'Rules'), such land was settled with Opposite Party No. 5 and father of Opposite Parties 6 and 7 by allotting 50 decimals of land to each of them. They belong to Scheduled Tribe category. On the ground of nonpayment of salami in time, Learned Tahasildar, Khurda cancelled that settlement on 8.2.1981 and asked the Revenue Inspector to verify if the said land is under encroac...
Geeta Patra Vs. Birakishore Mohapatra and ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 104(2007)CLT402; 2007(II)OLR203
P.K. Tripathy, J.1. Petitioner-husband filed Title Suit No. 44 of 1993 in the Court of Subordinate Judge (Civil Judge, Senior Division) Puri, seeking the relief of specific performance of contract by defendants (two in numbers). After the suit was transferred to the Court of Addl. Civil Judge (Senior Division), Puri, it has been renumbered as T.S. Case No. 143 of 1997 (i.e. Title Suit No. 44/143 of 1993-97).2. According to the petitioner suit land is part of Balu Khand Khasmal in Puri township and late Ajit Kumar Mitra, father of Manojit Kumar Mitra (defendant No. 2) and late Ranjit Kumar Mitra, father of Ranjan Kumar Mitra (defendant No. 3) were the lessee for a period of 30 years commencing from 19.08.1939 as per the lease deed dated 29.1.1940. When application for renewal of the lease was pending, some other litigations came up and to overcome the same above named Ajit Mitra and Ranjan Mitra entered into agreement with plaintiff on 31.7.1981, inter alia, as the terms and conditions ...
Ratha Charan Routray Vs. Mohan Lal Gupta @ M.L. Gupta and ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 104(2007)CLT408; 2007(II)OLR252
P.K. Tripathy, J.1. Respondent No. 1 in Title Appeal No. 26 of 1992 pending in the file of 1st Ad hoc Addl. District Judge, Bhubaneswar has filed this writ petition challenging to the order passed on 12.08.2003.2. Brief sketch of the background fact would indicate that petitioner as plaintiff in O.S. No. 311 of 1980-1 seeking the relief of declaration of title, confirmation of possession and permanent injunction against the defendants. Petitioner has stated that his claim of title and possession is against the State Government represented by the opposite party Nos. 2 and 3. As per the judgment dated 4.2.1992 and decree dated 23.3.1992 of Subordinate Judge (Civil Judge Sr. Division), Bhubaneswar, plaintiff's suit was decreed. The appellant, projecting himself as defendant No. 3 in that suit, filed Title Appeal No. 26 of 1992. According to the petitioner, appellant is not that defendant No. 3 and therefore, he is not entitled to maintain the appeal. Application filed to that effect was r...
Lingaraj Saraf Vs. Akhaya Kumar Saraf and ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 2007(II)OLR374
A.K. Parichha, J.1. This is an appeal by defendant No. 1 against the judgment and decree of the learned Subordinate Judge, Bhawanipatna in T.S. No. 11 of 1975 filed by Respondents Nos. 1 to 3 as plaintiffs for declaration of their right, title and interest over the Schedule 'B' lands and confirmation of possession or in the alternative for recovery of possession of the same.2. One Hari Saraf had two sons, namely; Sitaram and Jata. The plaintiffs are the sons and legal heirs of late Sitaram. Defendant No. 1 and late Sadhu were the sons of Jata. Defendant No. 2 is the son of late Sadhu. The case of the plaintiffs in essence was that in the year 1934-35 Sitaram acquired Ac.25.92 decimals of land appertaining to Khata No. 17/2 in village Sarasguda and another piece of land measuring Ac.0.64 dec. in the name of Late Sadhu. He also acquired some more land in village Chichia and all those lands were treated as joint family properties. According to the plaintiffs, in the year 1937 there was a ...
Oriental Insurance Co. Ltd. Vs. Natabar Biswal and Three ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 2007(II)OLR293
ORDERN. Prusty, J.1. This writ petition has been filed by the petitioner/ Insurance Company challenging the order dated 23.12.2003 passed by the 1st. M.A.C.T., Mayurbhanj-Baripada in M.A.C.T. Misc. Case No. 67 of 1996.2. Heard Mr. Roy, learned Counsel for the petitioner.3. As it appears, on account of death of one Shrimati Naik, who died in a motor vehicle accident on 21.03.1996, the claimant/opposite parties filed an application under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 1,50,000/-. The claim was settled in Lok Adalat on 21.6.1997 for a sum of Rs. 85,000/- and accordingly the award/order was passed in favour of the claimants on conciliation. The compromise/conciliation was made subject to confirmation of the driving licence by the Insurance Company within two months from the date of the compromise. In the said compromise, it was also agreed that in case the amount is not paid within two months from the date of passing of the award, it will carry interest ...
State of Orissa Vs. Kusa Barik Alias Daitari Barik and ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 2007CriLJ4096
1. Leave being granted on 21-8-1988, the Government Appeal is taken up for consideration against the judgment of acquittal in S.T. Case No. 16/73 of 1986- 85.2. Eighteen accused persons charged for the offences punishable under Sections 147, 148, 149, 232, 326, 302/34, I. P.C. stood their trial on the allegation that on 13-10-1984 at about 1.00 pm to 1.30 pm, accused persons forming unlawful assembly attacked and assaulted Laxmidhar Rout (hereinafter referred to as 'the deceased') and also caused injury to Gopal Rout (P. W. 7) and Narayan Rout (P. W. 6). After the occurrence, the deceased and the injured persons were taken to Bhadrak Hospital at about 8.30 p. m. Laxmidhar succumbed to the injury. In course of investigation, on the basis of the F. I. R. Ext. 13, the Investigating Officer (P. W. 11) submitted charge-sheet because of overwhelming direct and circumstantial evidence in support of the aforesaid allegations. To substantiate the charge, prosecution examined as many as thirteen...
Sukadev Jena Vs. Kuna Rout and ors.
Court: Orissa
Decided on: Jun-20-2007
Reported in: 104(2007)CLT756
A.K. Parichha, J.1. This is a Plaintiff's appeal challenging the Judgment passed by the Learned Subordinate Judge, Anandpur in T.S. No. 62/78-1 dismissing the prayer of the Appellant for partition of schedule 'B' properties of the plaint.Plaintiff's case, in brief, was that Bhaigo Rout and Mali Rout were brothers and Schedule 'B' property was their joint ancestral property. Chakradhar Rout, the father of Defendant No. 1 and husband of Defendant No. 2 was son of Bhaigo Rout whereas Defendant Nos. 3 to 6-and husband of Defendant No. 7 are sons of Mali Rout. It was claimed that in the year 1928 there was a family arrangement wherein Late Chakradhar got Schedule 'A' land in his share for exclusive enjoyment and possession and he continued possession over that land till 1972. Chakradhar, in order to meet the necessity of the family sold the suit land to the Plaintiff for a consideration of Rs. 600/- by means of registered sale deed on 7.10.1972 and delivered possession of that and where aft...
Chaku Khadia and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jun-20-2007
Reported in: 2007CriLJ4472
Pradip Mohanty, J.1. This criminal appeal is directed against the judgment and order dated 15-7-1987 passed by the Addl. Sessions Judge, Sambalpufr in Sessions Trial No. 88/14 of 1986 convicting the appellants under Sections 325/34 IPC and sentencing each of them to undergo rigorous imprisonment for two years and to pay fine of rupees one hundred, in default to undergo rigorous imprisonment for one month, with the further direction to set off the period of detention.2. The prosecution allegation in brief is that on 25-1-1986, on Pousa Purnima evening, at about 7.30 P. M. suddenly the straw heap stacked on the thrashing floor of co-accused Lepa Khadia (since acquitted) started burning. On getting information from the co-accused Basu Khadia (since acquitted) that the deceased Bajru Khadia had set fire to the said straw heap, both the appellants entered inside the dwelling house of deceased Bajru Khadia, dragged him out of his house and took him to their thrashing floor where the straw he...
Madan Majhi Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-2007
Reported in: 2007(II)OLR116
R.N. Biswal, J. 1. The judgment dated 8.1.2001 passed by the Addl Sessions Judge, Jharsuguda in S.T. Case No. 15/4 of 2000 convicting the accused-appellant for the offences under Sections 304 Part-II and 324 of I.P.C. and sentencing him thereunder to undergo RI for ten years and one year respectively is under challenge in this appeal.2. It is alleged to be a case of patricide. The accused appellant is the son of deceased Michhu Majhi through his first wife. P.W.8 is the third wife of the deceased. P.W.4 is the daughter of the accused-appellant. After the deceased married P.W.8, the accused appellant got himself separated from his father and lived in a separate house. P.W.4, the grand daughter of the deceased and her husband lived with the deceased and P.W.8 in one house. It is the case of the prosecution that on 16.6.1999 at about 8.00 P.M. deceased asked P.W.4 to serve him supper, but as she did not do it the deceased called for the accused-appellant and complained against P.W.4. In t...
Korp Gems (India) Pvt. Limited and anr. Vs. Suraj Products Ltd.
Court: Orissa
Decided on: Jun-19-2007
Reported in: I(2008)BC497; 2007(II)OLR136
R.N. Biswal, J. 1. The petitioners call in question the order dated 1.12.2006 passed by learned S.D.J.M., Rourkela in I.C.C. No. 448 of 2006 taking cognizance of the offence under Section 138 of the Negotiation Instrument Act (hereinafter referred to as 'the N.I. Act') against them. The opp-party-Company filed the aforesaid complaint case against Petitioner No. 1, a Company having their office at Kolkata and the Petitioner No. 2, the Director of the said Company on the allegation that Petitioner No. 1 through Petitioner No. 2 used to purchase iron ore mines from them. On 6.10.2006 Petitioner No. 2 issued cheque No. 883 167 for Rs. 20,00,000/- drawn on Allahabad Bank, Park Street, Kolkata, in favour of opp. party towards payment of outstanding dues. Opp. party-Company through its representative deposited the said cheque on 6.10.2006 in their accounts maintained with HDFC Bank Limited, Kolkata Branch, but the same returned unpaid on 10.10.2006 due to stop payment advice. So the opp. part...
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