Orissa Court December 2008 Judgments
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Kuber SwaIn and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2008
Reported in: 2009CriLJ1608
A.S. Naidu, J.1. The judgment and sentence passed on 1st December, 2005 by the Addl. Sessions Judge-cum-Judge. Special Court, Bargarh in T.R. No. 98/25 of 2003 is assailed in this appeal.2. Bereft of unnecessary details, prosecution case as would be evident from the FIR is that on 9th April, 2002 at about 8.00 p.m. the informant P. W. 1 who was a Scheduled Tribe person and his neighbour P. W. 2 were gossiping in the house of the informant situated in village Phulapali. At that juncture the appellants forming an unlawful company came to the house of the informant and out of them appellant No. 3 Ganesh Swain assaulted the informant by means of a stick. The other appellants cuffed him around. All the appellants thereafter pulled down a portion of the thatch of the house of the informant. When P. W. 2 protested against such action of the appellants, appellant No. 3 Ganesh Swain also assaulted him. Further the appellants abused, P. W. 1 in obscene language and insulted him in public. On the...
Rajendra Narayan Mishra Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2008
Reported in: 2009(1)OLR66
R.N. Biswal, J.1. This appeal has been preferred against the judgment and order dated 18.12.96 passed by the learned 1st Addl. Sessions Judge, Puri in S.T. Case No. 39/324 of 1994, wherein he convicted the accused-appellant and another for the offence under Sections 304-B/498-A/34 of I.P.C, read with Section 4 of the D.P. Act and sentenced each of them thereunder to undergo R.I. for seven years, one year and S.I. for three months respectively.2. The case as projected by the prosecution in nub is that deceased, Kapalna was given in marriage to co-accused, Gopal Chandra Mishra of village Parajapada in the year, 1989 according to the Hindu rights and their caste custom. At the time of marriage, a sum of Rs. 5,000/- was given towards 'Bata Kharcha' to the bridegroom, out of the demand of Rs. 10,000/-. The couple led a happy married life for a brief time and thereafter, skirmishes erupted between them due to non-payment of Rs. 5,000/- more towards dowry demand. It was alleged that the co-ac...
State of Orissa Vs. Anit Singh @ Rabi and anr.
Court: Orissa
Decided on: Dec-11-2008
Reported in: 107(2009)CLT89; 2009(I)OLR467
Sanju Panda, J.1. The inter se relationship between the two accused persons and between accused Hasina @ Hastina Singh and P.W.1 Ashok Singh are not in dispute. That relationship is also available from the statement of accused Hastina Singh in Ext.4. According to that, accused Hastina Singh and accused Anit @ Rabi Singh are cousin, being the offspring of two sisters. Ashok Singh, P.W.1 is also a cousin of accused Hastina Singh, being the son of her father's sister.2. According to the prosecution, Khage Singh (P.W. 12) is the father, Champa Singh, one of the deceased, is the mother of Ashok Singh (P.W.1). Gita Singh (P.W. 3) and Niranjan Singh, the other deceased, are the minor sister and brother of Ashok Singh. Ashok Singh married to accused Hastina Singh. By the date of such marriage, accused Hastina had illicit relationship with her cousin accused Anit Singh and even after the marriage, she maintained such illicit relationship with accused Anit Singh.3. The members in the family of A...
Gandharba Kumar Mohanty, After Him His Widow Jyotirmayee Mohanty and o ...
Court: Orissa
Decided on: Dec-11-2008
Reported in: 107(2009)CLT171
A.S. Naidu, J.1. The Defendants are the Appellants before this Court challenging the Judgment and decree of the Learned 2nd Addl. District Judge, Bhubaneswar dated 27th September, 1993 in T.A. No. 53/15 of 1982 confirming the decree dated 5th March, 1982 of the Munsif, Bhubaneswar in O.S. No. 15/79 of 1982/77-1.2. The aforesaid O.S. No. 15/79 of 1982/77-1 was filed for declaration of title of Surendra Prasad Naik, the Plaintiff-Respondent, confirmation of his possession, and in the alternative for recovery of his possession as also for permanent injunction against the Gandharba Kumar Mohanty and his wife Jyotirmayee Dei (who were arrayed as Defendants 1 and 2 respectively), restraining them from interfering with the possession of the Plaintiff over the suit property.3. The suit plot measuring Ac.0.100 decimals appertains to plot No. 2170/4255/4870, Khata No. 1248 of Mouza Bargarh. According to the Plaintiff the said plot belonged to Braja Gopal Chakraverty and Nani Gopal Chakraverty an...
Sushanta Kumar Biswal Vs. Jatindranath Roy
Court: Orissa
Decided on: Dec-10-2008
Reported in: 2009(I)OLR381
A.S. Naidu, J.1. The judgment and decree dtd. 3rd March, 2000 passed by Addl. District Judge, Jagatsinghpur in T.A. Case No. 32/1997 reversing the judgment and decree of the Civil Judge (Sr. Division), Jagatsinghpur in T.S. No. 29 of 1990 is assailed in this Second Appeal.2. Admittedly, the appellant had filed T.S. No. 29/1990 in the Court of Civil Judge (Sr. Division), Jagatsinghpur. The said suit was one for specific performance of contract and direction to the defendant to execute and register a deed of sale in respect of the suit lands by accepting Rs. 5007- from the plaintiff.3. The plaint averments reveal that the defendant was the absolute owner in possession of the lands morefully described in Schedule 'A' of the plaint. In the year 1984, the defendant was in urgent need of money for treatment of his mother and his younger brother and coming to now such facts, the plaintiff, who was in search of a piece of land, approached the defendant and after being satisfied that the defend...
Sana Kabasi Vs. State
Court: Orissa
Decided on: Dec-08-2008
Reported in: 2009(I)OLR562
P.K. Tripathy, J.1. Conviction of accused Pandu Kabasi @ Burunda (appellant in Criminal Appeal No.471 of 2006) and Sana Kabasi (appellant in Jail Criminal Appeal No.70 of 2006) for offence under Sections 302/201/34, IPC and sentence of imprisonment for life along with order to pay of fine under Sections 302/34, IPC and sentence of rigorous imprisonment for seven years together with fine for the offence under Sections 201/34, IPC is under challenge. Pandu Kabasi is on bail as per order dated 26.6.2007 passed in Misc. Case No. 1005 of 2006 arising out of Criminal Appeal No.471 of 2006. That case together with the Jail Criminal Appeal No.70 of 2006 has been listed to consider correctness of the order of conviction and to hear and dispose of the Criminal Appeal at such stage.2. Mr. Sarangi, learned Counsel for the appellants, supplied copies of the depositions of the witnesses and the impugned judgment of conviction to Mr. Nanda, learned Addl. Government Advocate on a previous date. Theref...
Jubida Bibi and ors. Vs. Rafique Mohammed and ors.
Court: Orissa
Decided on: Dec-08-2008
Reported in: 107(2009)CLT212
B.S. Chauhan, C.J.1. Misc. Case No. 55 of 2008 has been filed for taking certified copy of the Decree dated 14.02.1997 on record.2. The facts and the circumstances giving rise to this application are that the Appeal from High Court Order (AHO) has been preferred against the Judgment of the Learned Single Judge of this Court dated 4.12.1996 in F.A. No. 191 of 1980. The Appeal was admitted vide Order Dated 07.05.1998. Certified copy of the decree had not been filed at the time of filing of the appeal or even at the time of its admission. Hence this Misc. Case is filed on 01.12.2008 for taking certified copy of the decree on record as 'inadvertently' the decree could not be filed, though the decree had been drawn by the Court in the First Appeal on 14.02.1997.3. A Learned Counsel for the Respondents Mr. J. Pal has raised serious objection regarding filing of Misc. Case at such a belated stage contending that an appeal is not maintainable under Order-41 Rule-1 of the Code of Civil Procedur...
Radha Krishna Padhi Vs. Bhajakrushna Panda and ors.
Court: Orissa
Decided on: Dec-08-2008
Reported in: 107(2009)CLT192
B.S. Chauhan, C.J.1. These appeals have been filed by the Appellant against the Judgment and order of the Learned Single Judge dated 26th April, 1994 dismissing the First Appeal Nos. 145 of 1971 and 9 & 15 of 1972, against the Judgment and decree dated 25th September, 1971 passed by the Subordinate Judge, Berhampur in Title Suit No. 6 of 1969 (Urmila Padhi v. Judhisthiro Padhi and Ors.).2. The matters relate to the partition of immovable properties of the descendants of one Nirakar Padhi. The pedigree of the descendants is as follows:Nirakar Padhi|--------------------------------------Srinibas Judhisthiro (D.1)| (died during pendency of the suit).Khalli |(died in 1944) |= Urmila (Plaintiff) |(died on 20.4.69) ||--------------------------------------------Ramanath Radhakrishna MahalakshmiPadhi(D.2) Padhi (D.3) (D.1/c) Married to| Jaganriath PadhiKanchan |Padhi (D.6) Kishore Padhiwife (D.5)3. As per the genealogy, Judhisthiro Padhi had two sons, namely, Ramanath Padhi (D.2) and Radhakris...
Prasanna Kumar Ratha Vs. District Judge and anr.
Court: Orissa
Decided on: Dec-05-2008
Reported in: 107(2009)CLT166
B.S. Chauhan C.J.1. This Writ Petition has been filed for quashing the Order Dated 3.7.2008 (Annex-5) passed by the Enquiry Officer rejecting the application for stay of departmental proceedings till disposal of criminal case.2. The facts and circumstances giving rise to the case are that the Petitioner, who is a process server in the Court of S.D.J.M., Chhatrapur had been served a charge sheet dated 2 9.9.2007 by the District Judge, Ganjam-Gajapati, Berhampur containing four charges. Charge No. 1 is that Petitioner appeared before Sri Bijaya Kumar Patra, Sheristadar in-charge of the Court of the Civil Judge (Sr. Division), Chatrapur at about 5.30 P.M. on 13.7.2007 in a state of intoxication and abused him in filthy language, caught hold his neck, mishandled with him and torned his shirt as a result Bijaya Kumar Patra fell down. Petitioner intimidated Shri Patra and threatened to kill him when he would go outside.3. Charge No. II relates to for not serving notices handed over to the Pe...
Utkal Distilleries Ltd. (In All) Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-05-2008
Reported in: 2009(I)OLR616
I.M. Quddusi, J.1. The relief claimed in these three writ petitions filed by the self-same petitioner being identical, they were heard together and are disposed of by this common judgment. In these three writ petitions, the petitioner prays for quashing of the demand notice calling upon it to pay duty on the weak spirit from the years 1994-95 to 2004-05.2. The brief facts of the case are that the Commissioner of Excise, Orissa, vide Order dated 12.9.1990 (Annexure-1) granted licence in favour of the company M/s. Sitansu Mohan Pattnaik & Co. (Liquor) Pvt. Ltd. for manufacturing, bottling, blending and reduction of Indian Made Foreign Liquor (in short, 'I.M.F.L.') from rectified spirit with the condition that the company shall install one rectification column to rectify/purify the rectified spirit to be used in manufacturing of better quality of I.M.F.L. The said company was subsequently renamed as M/s. Utkal Distilleries Private Ltd., the petitioner in these writ petitions.3. As per the...
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