Orissa Court April 2008 Judgments
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Smt. Bina Sukla Vs. Smt. Meena Devi Panch and ors.
Court: Orissa
Decided on: Apr-22-2008
Reported in: 106(2008)CLT330; 2008(II)OLR97
A.K. Parichha, J.1. Plaintiff is in appeal against the judgment passed by learned 2nd Additional District Judge, Puri in Title Appeal No. 4/80 of 1995/92 reversing the judgment and decree of learned Addl. Subordinate Judge, Puri recorded in Title Suit No. 6/78 of 1990/ 86-I.2. Plaintiff's case was that her father Pandit Jagannath Prasad Sarma got the land and house under Municipal Holding No. 924 (Ward No. 4, Circle No. 5) located by the side of the Grand Road of Puri town by way of a gift dated 18.12.1946 from the Mahanta of Emar Math, Puri for meritorious service. The father of the plaintiff thus possessed the suit land and house and in course of time raised 2nd and 3rd stories in the said building. Then he died on 1962. He was survived by his widow Golaprani Sarma and two daughters, namely, Bina Sukla (plaintiff) and Bimala Jharkhadia (defendant No. 1). These 3 heirs effected partition of the properties of late Jagannath Prasad Sarma and in that partition the above said house and la...
Angada Khatua Vs. State of Orissa
Court: Orissa
Decided on: Apr-22-2008
Reported in: 2008CriLJ3484
L. Mohapatra, J.1. This appeal is directed against judgment and order dated 13-7-2004 passed by the Ad hoc Addl. Sessions Judge, Kamakhyanagar in Criminal Trial (Sessions) No. 18/2003/Criminal Trial (Sessions) No. 135 of 2003 convicting the appellant for commission of offence under Section 302/436 of the I.P.C. and sentencing him imprisonment for life for commission of offence under Section 302, I.P.C. and also to undergo imprisonment for five years for commission of offence under Section 436 of the I.P.C. However, both the sentences are directed to run concurrently.2. Case of the prosecution as revealed from the record is that the appellant is the cousin brother of the informant. On 18-9-2002 night at about 10 p.m. the appellant came to the house of the informant and started shuoting. When the informant and his father tried to pacify the appellant, he suddenly set fire to the cow-shed. The informant along with others exginguished the fire by pulling down palm leaves. When protest was ...
Church of St. John in the Wilderness Vs. South Eastern Railways and an ...
Court: Orissa
Decided on: Apr-21-2008
Reported in: 2008(II)OLR109
Indrajit Mahanty, J.1. In the present writ application, the petitioner has sought to challenge the order dated 3.3.2004 (Annexure-3) passed by the learned Civil Judge (Jr. Divn.), Bhubaneswar in T.S. No. 918/ 415 of 2001/95. By the impugned order, the trial Court has been pleased to set aside the ex parte order dated 17.4.1996 and had directed acceptance of the written statement filed by the defendant On 23.9.2003.2. Mr. Dash, learned Counsel for the petitioner seeks to challenge the said order by placing reliance upon the penultimate paragraph of the said order, where the trial Court has expressed its view that there is every likelihood of loss to the defendant which loss may be ultimately to the Union of India who is none else but our Nation. Mr. Dash submits that this is not the correct manner to exercise jurisdiction in legal proceeding. According to him, a defendant, whether the State or Union of India, is no more or no less than any other litigant and no separate standard of trea...
Aswini Kumar Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-21-2008
Reported in: 106(2008)CLT292
S.C. Parija, J.1. This Writ Petition has been filed under Articles 226 and 227 of the Constitution praying for quashing of the F.I.R. dated 23.07.2007 which has been registered as Mahila P.S. Case No. 129 of 2007 under Sections 376/420/379/506 IPC.2. The brief facts of the case, as narrated in the Writ Petition is that the Petitioner who was working as an instructor in 'Art of Living Courses' in Ravi Sankar Vidyamandir at Plot No. 2.103, IRC Village, Nayapalli, Bhubaneswar, persuaded informant (Opp. Party No. 2) to assist him in the programme after she had completed the same course.3. On 4th January, 2004 Petitioner persuaded her (informant) to stay back at Ravi Sankar Vidyamandir after 8 P.M. after classes were over. Thereafter, Petitioner expressed his desire to marry her by divorcing his wife and Petitioner also promised the Opposite Party No. 2 to send her abroad for conducting 'Art of Living' programme to make a fixed deposit of Rs. 10,00,000/- (Ten lakhs) in her name. In this pro...
Kumari Sanghamitra Narendra Vs. Prasanta Kumar Praharaj
Court: Orissa
Decided on: Apr-18-2008
Reported in: 106(2008)CLT321; 2008(I)OLR962
Sanju Panda, J.1. Being aggrieved by order dated 9.12.1998 passed by the learned District Judge, Bhubaneswar in OS. No. 10/ 1 of 1997, the appellant has filed this First Appeal under Section 39 of the Special Marriage Act, 1954 (in short 'the Act').2. The appellant as petitioner filed a petition under Section 25 of the Act before the learned District Judge, Khurda at Bhubaneswar, for a declaration that the deemed marriage said to have been solemnized on 18.12.1995 is null and void. The petitioner factually stated that while undergoing her Graduation study at Ramadevi Women's College, Bhubaneswar, she met the respondent who introduced himself as a friend of her cousin brother. Sometimes in the early part of 1995, respondent tried to be close with the petitioner-appellant and he gave an impression that he was a Post Graduate student and comes from a good family. Thereafter the respondent somehow by threatening her obtained signatures from the appellant in blank papers. Suddenly on 18.12....
Sri Braja Bhai Vs. State of Orissa
Court: Orissa
Decided on: Apr-18-2008
Reported in: 2008CriLJ4775; 2008(II)OLR161
M.M. Das, J.1. This application filed by the petitioner for grant of bail is the second journey of the petitioner to this Court under Section 439 Cr.P.C.2. During the stage of investigation, the petitioner approached this Court for grant of anticipatory bail under Section 438 Cr.P.C. in BLAPL No. 12457 of 2006. This Court, while rejecting the said application for anticipatory bail, granted liberty to the petitioner to surrender before the learned Court below and move for regular bail, if he is so advised. The petitioner approached the Supreme Court in a Special Leave Petition against the order of this Court refusing to grant anticipatory bail. The Supreme Court after hearing the case, by order dated 20.3.2007 observed that the High Court, while disposing of the petition has granted liberty to the petitioner to surrender before the Court below and move for regular bail, if he is so advised, in which event, the said Court shall dispose of the bail application expeditiously in accordance ...
Budhadev Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Apr-17-2008
Reported in: 2008(II)OLR222
L. Mohapatra, J.1. This appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Deogarh in S.T. Case No. 92/18 of 99-2000 convicting the appellant for commission of offences under Sections 302, 498A and 494 of the Indian Penal Code (in short 'I.P.C.'). The appellant has been sentenced to undergo imprisonment for life for commission of offence under Section 302 I.P.C., imprisonment for five years and pay a fine of Rs. 1000/- for commission of offence under Section 494 IPC and further imprisonment for three years and pay a fine of Rs. 1000/- for commission of offence under Section 498A IPC. However, sentence have been directed to run concurrently.2. Prosecution case as revealed from the record is that appellant is the husband of deceased Sandhya Pradhan and their marriage took place in the year 1992. After marriage both of them were staying together an leading a happy married life but in course of time, appellant devel...
Sadananda Sethi Vs. Benudhar Sethi
Court: Orissa
Decided on: Apr-16-2008
Reported in: (2008)106CALLT61(NULL)
Indrajit Mahanty, J.1. In this writ application the Petitioner has sought to challenge the Order Dated 21.8.2006 passed by the Learned District Judge, Khurda in CRP No. 13 of 2005 setting aside the order of status-quo passed by the Civil Judge (Jr. Division), Bhubaneswar in I.A. No. 97 of 2005.2. An objection has been filed by the Opposite Party in Misc. Case No. 4408 of 2008 praying for dismissal of the writ application on the ground of having been rendered infructuous.3. Mr. Mohapatra, Learned Counsel for the Petitioner submits that while it is a fact that 'he suit (C.S. No. 64 of 2000) was dismissed for default on 18.4.2003, the Plaintiff-Petitioner had filed an application before the Civil-Judge (Sr. Division), Bhubaneswar under Order 9 Rule 9 and Section 151 CPC praying to set aside the order of dismissal and to restore the suit in its original number and to dispose of the same on merits. He further submits that after filing of such an application on the prayer of the Plaintiff-Pe...
Gopinath Dev High School and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-16-2008
Reported in: (2008)106CALLT44; 2008(II)OLR260
I.M. Quddusi, J.1. The Petitioner No. 1 Gopinath Dev High School, Rasulgarh was granted lease of three acres of land in plot No. G.P./1 in Drawing No. 1136 in mouza Goda Gopinath Prasad by the State Government free of premium on yearly rent of Rs. 450./- for establishment of the High School. On 2nd of November, 1987 the lease deed was executed on behalf of the Governor. Vide impugned Order Dated 28.2.2006 the Headmaster of Gopinath Dev High School, Rasulgarh has been asked by the Land Officer, General Administration Department, Government of Orissa to surrender an area measuring Ac.0.400 from the leasehold land which has been alienated in favour of the Housing & U.D. Department for construction of 20' wide road by Bhubaneswar Municipal Corporation, Bhubaneswar for public purpose, i.e., for the use of the inhabitants of the locality to come to the main road. It has been alleged by the Petitioners that the proposed road would divide the premises of the institution into two parts.2. In th...
Raj Kishore Biswal and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-16-2008
Reported in: 2008CriLJ4532; 2008(II)OLR150
S.C. Parija, J.1. This application under Section 482 Cr.P.C. has been filed by the present petitioners assailing the order passed by the learned S.D.J.M., Puri, in 2(c) CC 17 of 1994 taking cognizance of offences under Sections 193/467/471 IPC, on the basis of complaint filed by the learned Sub-ordinate Judge, Puri, under Section 340(1) Cr.P.C. The petitioners also assail the order of the learned Adhoc Addl. District & Sessions Judge, Fast Track Court No. ll, Puri, dismissing the petitioner's appeal bearing Crl. Appeal No. 8/66 of 2001/1994 under Section 341 Cr.P.C.2. The brief fact of the case is that the present petitioners were defendants in Title Suit No. 108 of 1991 in the Court of learned Sub-Judge, Puri. In the said suit the defendants produced an unregistered Agreement for Sale, which was alleged by the plaintiff to be a forged and fabricated document. The said suit was decided by the learned Sub-Judge, Puri, Wdehis judgment dated 10.9.1993. After the disposal of the suit, the ...
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