Orissa Court April 1961 Judgments
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Harihar Pati and ors. Vs. Bada Pitei Naik and ors.
Court: Orissa
Decided on: Apr-25-1961
Reported in: 1962CriLJ60
ORDERR.L. Narasimham, C.J.1. This is a reference by the Sessions Judge of Mayurbhanj, recommending the setting aside of an order dated 5th August, 1960, passed by a First Class Magistrate of Keonjhargarh in a proceeding under Section 145, Cri.P.C. The material facts are as follows:2. A proceeding under Section 145, Cri.P.C. was initiated on the 6th July 1960 by the Sub-Divisional Magistrate, Keonjhar, and it was transferred to the file of Shri P.C.S. Patra, first class Magistrate, for disposal. On the 3rd August 1960 the first party applied to that Magistrate for the issue of summons to some witnesses saying that on account of the threat by the second party they were not willing to come and swear affidavits on their behalf, and that if summonses were issued to them they might enter appearance and file affidavits. The learned Magistrate on 5th August 1980 heard the parties on the question as to whether under the provisions of Section 145, Cri.P.C. as amended be could issue summons to wi...
Provas Chandra Poddar Vs. Visyaraju Kasi Viswanatham Raju and anr.
Court: Orissa
Decided on: Apr-24-1961
Reported in: AIR1962Ori149
Narasimham, C.J.1. This is an appeal under the Orissa High Court Order against the judgment of a single Judge of this Court (Hon'ble Misra, J.) dismissing an appeal filed by the appellant against the concurrent decisions of the two lower courts decreeing the respondents' suit for eviction and recovery of arrears of rents and damages. The respondents are admittedly the landlords of a house situated in Berhampur town and the defendant appellant was his tenant. This suit was brought for ejectment and other consequential reliefs on the ground that a valid notice to quit had been Issued.2. Two main contentions were raised by the appellant against the suit for ejectment :i. The notice to quit was not valid; and ii. In any case, in view of the coming into force of the Orissa House Rent Control Act 1938 (Orissa Act 31 of 1958) the Civil Court had no jurisdiction to pass a decree for eviction. On both these points the learned Single Judge held against the appellant but granted him leave to app...
Babaji Padhan Vs. Mst. Gurubara Padhani and ors.
Court: Orissa
Decided on: Apr-21-1961
Reported in: AIR1962Ori94
ORDERS. Barman, J.1. Defendant No. 1 is the petitioner in this Civil Revision directed, against an order of the learned Munsif Barharh, whereby he allowed the plain-tiff's application for reopening and re-hearing of the suit, after bringing on record the legal representatives of the deceased defendant No. 3 in the suit, on the facts and in the circumstances hereinafter stated. 2. The plaintiff filed a suit for partition being Title Suit No. 23 of 1956. The plaintiff is the widow of the first brother of a family consisting of the plaintiff's husband and three other brothers. The said three other brothers were made defendants in the suit. On September 19, 1957 a preliminary decree was passed in the said partition suit. On March 13, 1958 the plaintiff filed an application for final decree, on notice to all the defendants. On March 28, 1959, the peon's report revealed that defendant No. 3 had died on September 16, 1956, that is to say, about a year before the preliminary decree was passed ...
Misralal JaIn and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-18-1961
Reported in: AIR1962Ori24; 28(1962)CLT66
Narasimham, C.J.1. These two applications were heard together and are disposed of by one judgment. 2. The two petitioners are holders of leases of manganese ores in the district of Sundargarh in Orissa. The Administrator, Orissa Mining Areas Development Fund by his orders dated 24th and 25th May 1960 respectively levied cess on them under the provisions of the Orissa Mining Areas Development Fund Act, 1952 (Orissa Act 27 of 1952) hereinafter referred to as the impugned State Act) and called upon them to deposit the cess within a certain period. The two petitioners have challenged the constitutional validity of the impugned State Act and the levy of cess under its provision and have prayed for the issue of a appropriate direction under Article 226 of the Constitution cancelling the notice of demand issued to them.3. It is necessary to briefly narrate the variousstatutes dealing with the regulation and development of mines and minerals. In 1948 the DominionLegislature passed an Act entit...
Banomali Behera Vs. Markanda Mahapatra and anr.
Court: Orissa
Decided on: Apr-12-1961
Reported in: AIR1961Ori205
R.K. Das, J.1. This is an application under Article 226 of the Constitution filed by the petitioner for quashing the order dated 26-10-60 passed by the Sub-divisional Magistrate and Election Officer of Grama Panchayat, Nowrangpur, District Koraput. The facts, in short compass, are as follows:The petitioner, being a member of the Agnipur Grama Panchayat in the district of Koraput, contested the election for Sarpanch. But at the time of filing the Nomination Paper, Opposite Party No. 1, Markanda Mohapatra filed an objection petition on various grounds, to the nomination of the petitioner before the Presiding Officer, who gave him time to produce evidence. He having failed to do so, the nomination was accepted, the election was completed in due course and the petitioner was declared elected to the office of Sarpanch on 17-5-60.Opposite Party No. 1, being aggrieved by the election of the petitioner as Sarpanch, preferred an appeal to the Sub-Divisional Magistrate, Nowrangpur, on the ground...
Nitya Ranjan Bohidar Vs. the State
Court: Orissa
Decided on: Apr-10-1961
Reported in: AIR1962Ori78
Narasimham, C.J.1. This is an application under Art. 226 of the Constitution, challenging the validity of the order of dismissal from the Government service passed against the petitioner by the Government of Orissa in the Political and Services Department, by their order No. 309/T dated the 17th August, 1960.2. The petitioner was appointed as an Assist-, ant Conservator of Forests in 1951 and was posted as Divisional Forest Officer at Parlakhimedi from August 1953 till October 1955. Subsequently he was transferred to Angul as Assistant Conservator of Forests and suspended from Government service on the 31st August 1957 pending departmental enquiry against him regarding various acts of misconduct said to have been committed by him while serving as Divisional Forest Officer at Parlakhimedi. His case was, in due course, referred to the Member, Administrative Tribunal, Orissa (Sri V.S. Tilak, I.A.S.), who on the 2nd December. 1957 forwarded to the petitioner a copy of the charges framed ag...
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