Orissa Court September 1959 Judgments
Udayanath Panda Vs. Baikunthanath Routra
Court: Orissa
Decided on: Sep-28-1959
Reported in: AIR1960Ori176
ORDERS. Barman, J.1. The plaintiff is the petitioner in this civil revision directed against an order of the learned Munsif, 2nd Court, Cuttack, in proceedings arising out of Title Suit No. 104 of 1953, whereby the learned Munsif allowed the opposite party defendant's application under Section 151 Civil Procedure Code for restoration of a certain Misc. Case No. 274 oh 1956 hereinafter mentioned, which was dismissed for default.2. The matter arose in these circumstances: In 1953 the plaintiff filed a suit being Title Suit No. 104 of 1953 for partition of joint family properties. On 6-8-1954 a preliminary decree was passed ex parte for partition. Thereafter the plaintiff filed an application for making the decree final. A Commissioner of Partition was appointed for making the allotment. In due course the Commissioner tiled his report and allotment papers. On 12-7-1956 defendant No. 3 being the opposite party herein objected to the report of the Commissioner on certain grounds. The hearin...
Tag this Judgment!Kanyaka Parmeswari Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-23-1959
Reported in: AIR1960Ori103
S. Barman, J.1. The plaintiff is the petitioner in this civil revision directed against the judgment of the learned Subordinate Judge, Berhampur, exercising S.C.C. powers dismissing the suil against the defendant No. 1 and ex parte against defendants Nos. 2 to 4 in a S.C.C. Suit No. 256 of 1956 for damages alleged to have been caused to certain goods, -- the total amount of damages claimed being Rs. 173/5/-.2. The matter arose in these circumstances: On 22-9-1955 a, certain quantity of cotton piece goods worth over Rs. 1,015/- was consigned by the consignor, having been despatched from Ahmedabad on Western Railway for delivery to the plaintiff at Chatrapur on South Eastern Railway. On (15-10-1955 the goods reached Chatrapur Railway Station and are alleged to have been kept in the open platfrom there at the Station. On 9-12-1955 the plaintiff took delivery of the goods. At the time of taking delivery the plaintiff discovered the damage after opening the bale and found 150 pairs of Saris...
Tag this Judgment!Krishna Gopal Mukherji Vs. the State
Court: Orissa
Decided on: Sep-10-1959
Reported in: AIR1960Ori37
Narasimham, C. J.1. In this application under Article 226 of the Constitution, the petitioner who was holding the Gazetted post of Sub-Engineer of the Irrigation Department of the Government of Orissa has challenged the validity of an order of the Government of Orissa in the Works Department, No. 3 E-11E-7/51-21, dated 24-1-1952, removing him from service, on the ground that the provisions of Clause (2) of Article 311 were not complied with.2. The material facts are as follows : On 19-12-1950, the then Chief Engineer-cum-Secretary to the Government of Orissa in the Public Works Department, Mr. J. Shaw, framed five charges against the petitioner and called upon him to submit his explanation to those charges, The charges dealt mainly with false measurement in the billing of earth-work in a portion of Kathjuri Embankment with a view to favour a contractor named Bhramarbar Behera. The petitioner submitted his explanation on 31-12-1950. Then, Mr. Shaw on 29-5-1951, issued the following noti...
Tag this Judgment!Orissa Mineral Development Co. Vs. Commissioner of Sales Tax
Court: Orissa
Decided on: Sep-07-1959
Reported in: AIR1960Ori79; [1960]11STC12(Orissa)
Narasimham, C.J.1. In this application under Article 226 of the Constitution the validity of the assessment of the petitioner to Sales-tax was challenged. On behalf of the Sales-tax Department, however, Mr. G.K. Misra raised a preliminary objection on the ground that on the facts as stated by the applicant himself he had an alternative remedy by way of regular appeal before the Sales-tax Tribunal and that consequently this Court should not exercise its extraordinary jurisdiction under Article 226.2. To appreciate this preliminary objection it is necessary to refer to certain legislative changes brought about in the sales-tax law. The Orissa Sales-tax Act 1947 (Orissa Act XIV of 1947 hereinafter referred to as the Act) underwent several amendments (including adaptation) consequent on the coming into force of the Constitution. It is unnecessary to refer to them in detail here. It is sufficient to say that prior to 1957 the Sales-tax Officer was conferred power to make assessments to sale...
Tag this Judgment!Surendranath Patnaik and ors. Vs. Dasarathi Dutta and ors.
Court: Orissa
Decided on: Sep-04-1959
Reported in: AIR1960Ori14
Das, J. 1. This is a petition on behalf of the judgment-debtors against an order of the Additional Subordinate Judge. Berhampur, disallowing their contention that the appeal as a whole had abated. The sole question thus for consideration in this case is whether Rule 12 of Order 22 of the Code of Civil Procedure applies to appeals arising out of proceedings in execution of a decree or order.2. The facts leading up to this application, shortly stated, are these: Plaintiffs Jambeswar Dutta, Subal Dutta and Dasarathi Dutta obtained a joint decree for recovery of possession of the suit land on April 5, 1941 in O. S. No. 208 of 1939 of the Court of the Munsif, Berhampur, against the present petitioners. Opposite Parties 3 and 4 are the sons of Jambeswar Dutta, plaintiff No. 1, since dead. Opposite party No. 5 is the son of Subal Dutta, plaintiff No. 2 who is also dead. Pursuant to this decree, execution was levied in the court of the Munsif of Berhampur which was numbered as O. E. P. No. 121...
Tag this Judgment!Gandharba Rath Vs. Aparti Samal
Court: Orissa
Decided on: Sep-04-1959
Reported in: AIR1960Ori33; 1960CriLJ381
S. Barman, J.1. The complainant is the appellant in this criminal appeal from an order of acquittal of the accused respondent passed by the learned Magistrate, First Class, Banki in Case No, 17C-1/91T of 1957.2. The accused respondent was an Assistant Sub-Inspector of Police who was charged for disobeying the law with intent to cause injury under Section 166 of the Indian Penal Code and also for alleged wrongful confinement of persons including the complainant punishable under Section 342, Indian Penal Code. The learned Magistrate found the accused not guilty under either of the said sections and acquitted him. Hence this appeal.3. The relevant facts, shortly stated, are these : On 20-12-1956, a First Information Report was lodged at Banki Police Station within the district of Cuttack by a local Daffadar of village Gayalbank against the complainant for alleged offence of wrongful restraint with assault etc. The Assistant Sub-Inspector of Police being the accused appellant herein is all...
Tag this Judgment!Dinabandhu Rath Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-03-1959
Reported in: AIR1960Ori26
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution against an order dated 14-3-1957, passed by the Collector of Cuttack, dismissing the petitioner from Government service. An appeal against the Order of dismissal was rejected by the Revenue Divisional Commissioner on 17-8-1958.2. The petitioner was a permanent Office Superintendent of Cuttack Collectorate. On 20-11-1949 the Director of Agriculture and Food Production Orissa, sent two decrees, for a total sum of Rs. 22000/- obtained by the State of Orissa against (1) Sri Gopabandhu Das and (2) Sri Chandra Kisore Das, to the Collector for execution and realisation of the decretal amount. No effective steps were taken in the Collectorate for filing execution petitions with the result that the execution of the decrees got time barred. This led to a preliminary investigation to fix the primary responsibility on the various ministeral officers of Cuttack Collectorate for the loss of so much money to Government. A Dep...
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