Category Archives: Orissa High Court

Bana Naik vs Dinamani Behera

2012 (1) O.J.R. ()

ORISSA HIGH COURT

M. M. Das, J.

Second Appeal No. 87 of 1990

From the judgment and decree dated 02.01.1990 and dated 17.01.1990 respectively passed by the District Judge, Keonjhar in Title Appeal No. 11 of 1986 reversing the judgment and decree dated 25.04.1986 and 29.04.1996 respectively passed by the Munsif, Keonjhar in T.S. No. 16 of 1983.

Decided on : 19.07.2011

Bana Naik and another  Vs. Dinamani Behera

Adverse possession—Conditions for acquiring title by adverse possession—Proof of—Vague pleading—Hostile animus against the true owner is not proved—Mere occupation will not prescribe title by adverse possession

Case-laws relied on :

1. Madhukar and others -v- Sangram and others, (2001) 4 SCC 756)

2. Biswanath Panda -v- Gadadhar Panda and another, Vol. 36, 1970 Part-I, CLT 420

3. S. M. Karim -v- (more…)

Arati Barik, W/o- Siba Prasad Barik, vs Harish Chandra Barik

2012 (1) O.J.R. ()

ORISSA HIGH COURT

B. N. MAHAPATRA, J.

CRP No.39 of 2009

From an order dated 06.10.2009 passed by Smt. D. Devi, Civil Judge (Sr. Division), Kendrapara in C.S.No. 317 of 2005.

Date of Judgement : 19.01.2012

Arati Barik, W/o- Siba Prasad Barik,
Vill : & Post- Deulatra, P.S. Rajkanika, Dist : Kendrapara    Vs.  Harish Chandra Barik And others.

A. Code of Civil Procedure, 1908—Section 115(1)—Revision challenging the order abatement of suit against a defendant under Order 22—Scope of

A person applying for revision against a particular order must satisfy the court that had the impugned order been passed in his favour, the suit or other proceeding would have stood disposed of finally. Unless that requirement is satisfied, a revision is not entertainable even if there is a jurisdictional error committed (more…)

Banalata Dash vs State of Orissa

2012 (1) O.J.R. ()

ORISSA HIGH COURT

V. GOPALA GOWDA, C. J. & S. K. MISHRA, J.

WRIT PETITION (C) No. 148 of 2003

In the matter of an application under Article 226 of the Constitution of India.

Heard and disposed of on : 13.01.2012

Banalata Dash              Petitioner

Versus

State ofOrissa& others            Opposite parties

Constitution of India, 1950—Article 226—Writ Petition filed by the petitioner seeking directions from the Court to handover investigation of the case of custodial death of her son to CBI— Court comes to the conclusion that the death of the deceased is custodial death and the authorities are responsible for the same—Direction issued to pay a compensation of Rs.3,00,000/- to the petitioner.  (Paras 9, 14 and 15)

Case-laws relied on :

1. Sabitri Kanhar and (more…)

Dhruba Charan Panda vs State of Orissa

2012 (1) O.J.R. ()

ORISSA HIGH COURT

S. K. MISHRA, J.

W. P. (C) No. 31039 of 2011

In the matter of an application under Articles 226 and 227 of the Constitution of India.

Date of hearing : 06. 01.2012

Date of judgment : 11.01.2012

Dhruba Charan Panda Vs. State ofOrissaand others

Constitution of India, 1950—Article 243K read with Rule 6 of Orissa Grama Panchayat Election Rules, 1965—Voter—Conditions to be satisfied

The first condition is that the person should not be less than eighteen years of age on the qualifying date. Secondly, he must be an ordinarily resident in a constituency. Only when these two conditions are fulfilled a person is registered as a voter in any constituency. A person can be registered as a voter in any place where he is (more…)

Kabita Sahoo vs Dhirendra Beje

2012 (1) O.J.R. ()

ORISSA HIGH COURT

Sanju panda, J.

RPFAM No. 50 of 2010

From the judgment dated 02.02.2010 passed by the learned Judge, Family Court,Cuttackin Criminal Proceeding No. 751 of 2002.

Date of Judgment : 04 .01.2012

Kabita Sahoo                Petitioner

Versus

Dhirendra Beje             Opp. Party

Code of Criminal Procedure, 1973—Section 125—Petitioner has not proved the marriage—Petitioner can not be allowed to adduce further evidence in appeal to fill up the lacuna at this stage—Order is justified (Para 5)

M/s.S. C.Sharma & G. N. Swain. For Petitioner

M/s. D. R. Mohapatra, P. K. Rout, S. Patra & K. K. Jena. For Opp. Party

Judgment :

SANJU PANDA, J.  — The petitioner has filed this RPFAM challenging the order dated 02.02.2010 passed by the learned Judge, Family (more…)

Bilasini Behera, Wife of Rohit Behera vs State of Orissa

2012 (1) O.J.R. ()

ORISSA HIGH COURT

V. GOPALA GOWDA, C. J. & B. N. MAHAPATRA, J.

W.P. (C) No. 10891 of 2009

In the matter of an application under Articles 226 and 227 of the Constitution of India.

Date of Judgment : 22.12.2011

Bilasini Behera, Wife of Rohit Behera,
Village: Rajnagar, PS: Athagarh, Dist:Cuttack   Vs. State of Orissa and others

Constitution of India, 1950—Article 226—Scope of award of compensation to a victim, who suffered due to negligence of the State or its functionaries

Held, while the deceased was sleeping in his house the Police officials entered into the house of the petitioner and the deceased died in their front. In view of the categorical findings of the Commission that deceased-Bhaskar was not assaulted by the Police the court felt that the C.B.I. should not (more…)