Orissa Court February 1968 Judgments
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Satyabadi SwaIn Vs. Officer-in-charge and ors.
Court: Orissa
Decided on: Feb-29-1968
Reported in: 34(1968)CLT448; 1968CriLJ1519
S. Barman, C.J.1. The point involved in this writ petition is whether in the circumstances hereinafter stated -under Section 30 of the Police Act, 1861 (Act 5 of 1861) read with Rules 23 and 54(d) of the Orissa Police Manual-restrictive conditions can he laid in a procession license forbidding the movement of a procession to certain area9 in a town, that is, to the extent of prohibiting the procession from moving beyond a particular spot in the town in view of the apprehension of the Magistrate of a serious breach of the peace resulting in rioting and bloodshed, as reported to him by the Police.2. In Cuttack town, there is a road called Mahtab Road between Taldanda Canal in the east and Dolmundi Chak on the west. There is an ESSO Petrol pump on the Mahatab Road stated to be about 600 yards from Dolmundi Chak. The petitioner represents the residents of Sankarpur village on the eastern side nearer the Taldanda Canal. They are being opposed by the residents of Haripur village near Dolmund...
Udayanath Mansingh and ors. Vs. State
Court: Orissa
Decided on: Feb-28-1968
Reported in: 34(1968)CLT391; 1968CriLJ844
S.K. Ray, J.1. This is an application by 26 petitioners against the order dated 21.10.67 passed by Sri K.M. Das, Sub-divisional Officer and Magistrate, 1st Class, Puri, in Cri. Misc. Case No. 129/67. requiring each of the petitioners to execute interim bonds under Section 117(8) of the Code of Criminal P.C.2. On the report of the Sub-Inspector of Police, Bramhagiri Police Station, dated 30.6.62, a proceeding under Section 107, Criminal P.C. was drawn up on 18.9.67 against 32 persons including the 26 petitioners, who in the said report, were arrayed as members of the second party. The report of the Sub-Inspector of Police, was received is the office of the Circle Inspector Puri, on 8.7.96, and the Circle Inspector made an endorsement thereon on 6.7.87 recommending action under Section 107 and also directing steps to be taken under Section 117(8), Criminal P.C. The report containing the endorsement of the Circle Inspector reached the Court of the S.D.O. on 19.7.67 as appears from the sea...
Daitari Sahu Vs. Lokanath Baral and ors.
Court: Orissa
Decided on: Feb-23-1968
Reported in: AIR1969Ori6; 34(1968)CLT401; 1969CriLJ229
ORDERA. Misra, J. 1. This application in revision has been filed against an order of the A. D. M. (Judicial), Cuttack, rejecting the application of the petitioner to restore Misc. Case No. 70 of 1965. In short, the facts are that the petitioner filed a petition under Section 476 Cr. P.C. before the trying magistrate in a disposed of case for proceeding against the accused who had been acquitted in a case on theground that they had produced a forgeddocument in support of their defence. That application was rejected. Thereafter the petitioner filed a similar petition under Section 476-A, Cr. P.C. before the A. D. M (Judicial), Cuttack. Thesaid petition was registered as Criminal Misc. Case No. 70 of 1965, but the same was also dismissed on 1-2-66 as the petitioner was absent when it was called. The petitioner filed a petition for restoration of the Misc. case and the present revision is against the order of the A. D. M. (Judicial), rejecting the same. 2. The learned Counsel appearing for...
Jagatbandhu Patnaik Vs. Secretary Orissa Board of Secondary Education ...
Court: Orissa
Decided on: Feb-23-1968
Reported in: AIR1968Ori169; 34(1968)CLT364
Barman, C.J.1. The point involved in this writ petition is whether, under the law, the Inspector of Schools, Cuttack, could dismiss the petitioner -- the Headmaster of Peari Mohan Academy, a recognised school at Cuttack -- without forwarding his appeal against his dismissal to the Appeal Committee under the Orissa Secondary Education Act (Orissa Act X of 1953 hereinafter referred to as the Orissa Education Act), read with the Regulations made under the Act by the Board of Secondary Education, Orissa as notified by Government of Orissa (hereinafter referred to as the Board Regulations).2. On August 20, 1966 the Managing Committee of the Peari Mohan Academy passed a Resolution by which its Headmaster (petitioner herein) was discharged from service in the School, on the grounds, inter alia, of unauthorised alteration in the approved schemes and unauthorised expenditure of the School funds, thus causing loss to the School funds and misuse of Government money, all as fully stated in the Res...
Daljit Kaur Vs. State
Court: Orissa
Decided on: Feb-14-1968
Reported in: AIR1968Ori125; 34(1968)CLT324; 1968CriLJ1090
ORDERA. Misra, J.1. This revision is against an order of the Judicial Magistrate, First Class, Bhubaneswar committing the petitioner to the Court of Sessions to stand her trial for an offence under Section 302 I. P. C. Prosecution case, in short, is that on 18-6-65, petitioner took the baby of her elder sister to fondle her and all of a sudden entered inside the room, bolted the door and inflicted multiple injuries on the body of the baby with a chopping knife as a result of which the child ultimately succumbed.2. At the commencement of the committal proceeding a petition was filed under section 464 Cr. P. C. for postponment of the committal enquiry on the ground that being insane she was incapable of making her defence. After receipt of report from the competent medical authority, committal proceeding was resumed by the learned Magistrate. During committal enquiry the father and the sister of the petitioner were examined and they stated that petitioner suffers from fits which holds ou...
Raghunath Behera Vs. State
Court: Orissa
Decided on: Feb-14-1968
Reported in: 34(1968)CLT500; 1968CriLJ851
ORDERA. Misra, J.1. Petitioner has been convicted under Sections 279 and 304. A Indian Penal Code and sentenced to undergo S.I. for four months under Section 304, while no separate sentence has been awarded for the offence under Section 279, Indian Penal Code.2. The facts which are not now in dispute may be briefly set out as follows. The tractor bearing O.R.C. 5178 along with another tractor each attached with trailer were taken on hire from D.W. 1 who is in charge of the tractorisation scheme operating in the districts of Kalahandi, Bolangir and Sundergarh for carrying some building and other materials from Bhavanipatna to Koralapat. On 26.3.1964, the two tractors With the attached trailers loaded with materials left Bhawanipatna to Korlapat. Petitioner was driving the tractor O.R.C. 5178. At about 10.300 a.m. on that day, while the tractor O.R.C. 5178 being driven by petitioner was negotiating the upgradient of the Malkatch ghat dragging the load in the trailer attached behind, the ...
Sundari Bewa Vs. Ranka Behara and ors.
Court: Orissa
Decided on: Feb-02-1968
Reported in: AIR1968Ori134; 34(1968)CLT379
Ray, J.1. This second appeal has been filed by defendant 1 against the concurrent judgment of the courts below decreeing the plaintiff's suit.2. Plaintiff, defendants 1, 4 and 5 are members of a joint Hindu family as would appear from the genealogy given below. CHAIN BEHERA | ____________________________________________________ | | | Sampad(dead) Sridhar(dead) Giridhari | | (D4) Ranka(pltff) Sundari(D-1) (Widow) | Bharati(D-5) (Daughter).3. The suit-property, sought for partition, comprises of paddy-lands and the homestead of the family, 0.25 decimals in extent. The dispute in this appeal between the parties is confined to the homestead plot No. 1355, with an area of 0.20 decimals covered by lot No. 2. schedule Kha of the plaint, in respect of which the plaintiff has been allowed relief under Section 4 of the partition Act. by the Courts below.4. The point raised here is whether Section 4 of the Partition Act is applicable to the homestead covered by lot No. 2 schedule Kha as stated a...
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