Orissa Court February 1952 Judgments
Shyamaghana Ray and ors. Vs. State
Court: Orissa
Decided on: Feb-26-1952
Reported in: AIR1952Ori200; 18(1952)CLT307
Das, C.J. 1. These are applications for the issue of writs of 'habeas corpus,' Criminal Misc. Nos. 195 and 202 relate to one Govinda Pradhan and challenge the validity of an order of detention against him dated 13-12-1951. Criminal Misc. Nos, 196, 200 and 204 relate to one Ramachandra Mishra and challenge the validity of an order of detention against him dated 15th December, 1951. Criminal Miac. No. 207/51 relates to one Harihara Das and challenges the validity of an order of detention against him dated 13th December, 1951. 2. These three persons have been released by the Court on bail pending the final hearing of these applications for the special reasons stated in the respective orders granting bail. The validity of the orders of detention is challenged mainly on the ground that they are orders passed by an official having absolutely no legal authority to pass any such order, and are therefore illegal. 3. In the petition relating to Govinda Pradhan, an affidavit, was filed on 20-12-5...
Tag this Judgment!Lokanath Mishra Vs. Vice-chancellor, Utkal University and ors.
Court: Orissa
Decided on: Feb-22-1952
Reported in: AIR1952Ori198
Das, C.J. 1. This an application for the issue of a writ under Article 226 of the Constitution against the Vice-Chancellor and members of the Syndicate of the Utkal University in the following circumstances. The petitioner was a student who appeared in June, 1950, for the Supplementary Matriculation Examination of the Utkal University at Joypur Centre. His Boll No. was 1405. He sat for the whole examination and answered all the papers. On valuation, it was found that his answer papers secured sufficient marks which, in the ordinary course, would have resulted in his having beendeclared as passed. When the results were published, his name was shown in the list of successful candidates sent to the Headmaster, Board hiGH School, Joypur, but scored out with a note in the remarks column 'expelled' by notification No. E. O. 349 dated the 1st September, 1950, of tthe University, published in the Orissa Gazette, it was stated that the petitioner had recourse to unfair means and as a penalty hi...
Tag this Judgment!Bantchanidhi Samantaraya Vs. Secretary, Bhaktmadhu Vidyapitha and anr.
Court: Orissa
Decided on: Feb-22-1952
Reported in: AIR1952Ori259
Jagannadhadas, C.J.1. This is an application for the issue of a writ, by the petitioner who was formerly the assistant Headmaster, Bhakta-madhu Bidyapitha, Cuttack. His case is that he was originally serving as Teacher in the Muslim. Seminary, Cuttack, that he was persuaded to resign his post there and was appointed as the assistant Headmaster of Bhakatamadhu Bidhyapitha on 1-2-44 on the definite expectation that he would be retained in that service permanently. He complains that by a resolution of the Managing Committee of the School, dated 9.7.1950, his services were suddenly dispensed with on the ground of retrenchment and that the appeal filed by him against that order of the Managing Committee was ultimately dismissed by the Director of Public Instruction, Orissa, though the Inspector of School, Northern Division, repotted in his favour, that the Managing Committed once again reaffirmed by another resolution dated the 5th August, 1951, that his services should be dispensed with an...
Tag this Judgment!The State Vs. Biswanath Naik
Court: Orissa
Decided on: Feb-19-1952
Reported in: AIR1952Ori220
Jagannadhadas, C.J.1. This an appeal by the State against the acquittal of one Biswa-mohan Naik, a public servant. He was charged on three, counts of having received illegal gratification in the discharge of his official duties and of thereby having committed offences under Section 161 of the Indian Penal Code. The trial Magistrate acquitted him in respect of two of the counts, but convicted him as regards the third and sentenced him to one year's rigorous imprisonment. On appeal, the learned Sessions Judge held him not guilty in respect of this third count also and acquitted him therefor. It is against this acquittal in respect of the third count that the State has come up in appeal to this Court.2. The accused was the Inspector of Factories under the Government of Orissa drawing a monthly salary of Rs. 300/-. In the course of his official duties he had to inspect all the factories and the mills within the State of Orissa. In September, 1948 he took up inspection of the mills in the d...
Tag this Judgment!Biswabhusan Naik Vs. the State
Court: Orissa
Decided on: Feb-19-1952
Reported in: AIR1952Ori289; 18(1952)CLT227
Das, C.J.1. The appellant before us is the ex-Inspector of Factories under the Government of Orissa. He was taken into service on 14-9-47 and suspended therefrom on 15-10-48 as a result of allegations of official misconduct which form the subject-matter of the present prosecution and of another criminal prosecution in which he has been acquitted. As Inspector of Factories, he had to inspect the various factories and mills in the State of Orissa. For the said purpose, he toured in the District of Koraput from 18-8-48 to 27-8-48 and in Balasore District from 29-9-48 to 30-10-48.The case against the accused is that in the course of the inspection of the mills in these two districts, he collected bribes from persons connected with some of these mills which he inspected by threatening them with closure of the mills and other penalties, for alleged defects in the working of these mills and by promising to condone those defects if bribes were given.2. There was a Mill-owners' associabion at B...
Tag this Judgment!Fula Bewa and ors. Vs. Banamali Das
Court: Orissa
Decided on: Feb-18-1952
Reported in: AIR1953Ori257; 18(1952)CLT101
ORDERPanigrahi, J.1. This reference has been made under Section 438, Cr. P. C., by the Sessions Judge, Cuttack, recommending the setting aside of an order dated 31-10-51 of Sri C. V. Murty, Magistrate with First Class powers, Cuttack.2. The facts giving rise to the reference are these. The petitioners had previously been summoned under Section 426, I. P. C., on a com7 plaint made by the opposite party Banamali Das and that case was pending before the Magistrate, Srirnati Shanti Devi. As the complainant and his witnesses did not turn up on 5-4-1951 to which date the case had stood adjourned, the Magistrate recorded an order of acquittal under Section 247, Cr. P. C.Thereafter, the opposite party filed another complaint on the same allegations before the Subdivisional Magistrate but that complaintwas dismissed under Section 203, Cr. P. C., as the accused had already been acquitted on a prioroccasion. Thereafter the complainant again filed another complaint on the same facts on 3-5-51 befo...
Tag this Judgment!Narasingo Chaudhury Vs. State
Court: Orissa
Decided on: Feb-15-1952
Reported in: AIR1952Ori214
ORDERPanigrahi, J. 1. The petitioner, Narasingo Chaudhury is the proprietor of a medical shop known as Jayabharat Pharmaceutical Industries at Balangir. On 1-9-1950, the Assistant Civil Supply Officer inspected the shop and found that a phial of Conozol did not bear any price-mark and that this was in contravention of Notification No. 30487, S. T., dated 16-2-1950. The said notification was published in the Orissa Gazette, dated 25th August 1950 and the inspection of the shop was made, as stated above, on the 1st September 1950. 2. The plea of the petitioner was that he was not aware of the notification and that, in any case, he had no intention to commit the offence he was charged with. 3. The Magistrate who tried the case convicted him under Section 13 (1) of the Orissa Drugs Control Act, 1950, and sentenced him to pay a fine of Rs. 25/-, in default to undergo simple imprisonment for one week. The learned Sessions Judge has recommended to this Court that the conviction of the petitio...
Tag this Judgment!Banamali Dalbehera Vs. Chairman, Provincial Transport Authority and or ...
Court: Orissa
Decided on: Feb-14-1952
Reported in: AIR1953Ori235; 18(1952)CLT296
Jagannadhadas, C.J.1. This is an application for the issue of a writ against the Provincial Authority of Orissa and the Regional Transport Authority of Cuttack District in the following circumstances :The applicant before us along with opposite party Nos. 3, 4 and 5, viz., Srimati Khirodemani Dasi, Debendra Nath Misra and Narayan Patro, and quite a large number of others, were applicants for permits to ply stage-carriages on the Cuttack-Niali Road. These applications were considered by the Regional Transport Authority, Cuttack, at its meeting held on 3-2-50 and permits were granted to opposite party Nos. 3, 4 and 5 before us. The applications of all others including that of this applicant were rejected. As against this decision of the Regional Transport Authority, he went up in appeal to the Chairman, Provincial Transport Authority. On that appeal, the decision taken by the Regional Transport Authority was affirmed. Hence this application before us for a writ to quash the above orders ...
Tag this Judgment!Bhajaram SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Feb-13-1952
Reported in: AIR1953Ori277; 18(1952)CLT261
Narasimham, J.1. This is an application under Article 226 of the Constitution against an order of the Subdivisional Magistrate of Ghumsur passed in exercise of the powers conferred on him by Clause (f) of Sub-section (2) of Section 3, Essential Supplies (Temporary Powers) Act 1946, directing the sale to the Government purchasing agent of 1000 maunds of paddy in the possession of the petitioner. The order of sale was passed on 15-3-1951 and as no stay was granted by this Court the order was, in due course, executed and the paddy taken possession of by the purchasing agent on behalf of the Government more than eleven months ago. The order was made in pursuance of the policy of procurement and it may be reasonably assumed that the paddy has been sent in due course to deficit areas, presumably outside the State of Orissa. It is also extremely unlikely that the paddy has not yet been consumed.2. Mr. P. Misra on behalf of the petitioner urged that Clause (f) of Sub-section (2) of Section 3, ...
Tag this Judgment!Kudura Podhan Vs. Gangadhar Behera
Court: Orissa
Decided on: Feb-08-1952
Reported in: AIR1953Ori238; 18(1952)CLT267
Narasimham, J.1. This is a petition under Arts. 226 and 227 of the Constitution against an order passed by the Additional Agent of Phulbani in exercise of the powers conferred on him by the Agency Tracts Interest and Land Transfer Act, 1917, setting aside an order passed by the Special Assistant Agent, Balliguda.2. The petitioner is a Khond who is a member of a hill tribe as defined in the said Act. The opposite party is admittedly not a member of a hill-tribe. The petitioner appliedfor restoration of a plot of land known as. 'Bradikheta' bearing settlement plot No. 57 in village Dokrongia saying that it had been mortgaged by him with the opposite party several years ago and that the said transfer was invalid in view of the provisions of the said Act. The opposite party, however, contested the application stating that the said plot had been sold to him in 1927. He also produced a sale deed (Ex. I) before the Deputy Tahsildar of Balliguda who made a local enquiry. The Deputy Tahsildar i...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »