Orissa Court July 1968 Judgments
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Dinamani Dass and ors. Vs. Bimbadhar Padhan and ors.
Court: Orissa
Decided on: Jul-31-1968
Reported in: AIR1969Ori289
ORDERG.K. Misra, J.1. On 17th of March, 1949 a preliminary decree for foreclosure was passed directing the defendants to pay Rs. 1220 with interest at the rate of 9 per cent from the date of the suit bond together with an additional sum of Rs. 80 within a period of six months from the date of the preliminary decree. In default of such payment the preliminary decree directed that the plaintiffs were entitled to apply for a final decree that the defendants were debarred from redeeming the hypothecated property. This decree was ultimately confirmed in second appeal No. 25 of 1950 on 26-11-51. There were some interim steps taken by the defendants which need not be mentioned. The decree was made final on 18th of November, 1953. On 22nd February 1956 the plaintiffs decree-holders filed Execution Case No. 59 of 1956 for delivery of possession of the mortgaged property. An objection under Section 47, C. P. C. was filed by the judgment-debtors that both the preliminary and final decrees were no...
Smt. Brajabala Das Vs. Radha Kamal Das and ors.
Court: Orissa
Decided on: Jul-23-1968
Reported in: AIR1969Ori63; 34(1968)CLT1258
ORDERG.K. Misra, J.1. Petitioner Brajabala (auction-purchaser) is the wife of opposite party No. 2 Radha Kumuda Das (one of the judgment-debtors), who is the elder brother of opposite party No. 1 Radha Kamal Das (the other judgment-debtor). Opposite Party No. 3 is the decree-holder.Both the judgment-debtors received notice under Order 21, Rule 22, C. P. C. in Execution Case No. 62 of 1954 in the Court of the Munsif Balasore, arising out of a money suit No. 1277 of 1941 of the court of the Munsif, Kendrapara. Judgment-debtors took no steps. The disputed property was attached on 18-7-54. They received valuation notice and filed no objection. Sale-proclamation was issued on 21-9-54. Opposite Party No. 2 applied for instalments which were allowed. He paid Rs. 700 in six instalments in between 16-7-55 and 30-4-56. Thereafter he defaulted. The total decretal dues were Rs. 1284-9-0. There remained thus a balance of Rs. 500 and odd out of the decretal dues, without payment. A fresh sale-procla...
Baishnaba Charan Acharyya and anr. Vs. Nityananda Satapathy
Court: Orissa
Decided on: Jul-19-1968
Reported in: AIR1969Ori34
ORDERG.K. Misra, J.1. The suit was based on a hand-note executed by defendant 1 for Rs. 301 on 20-6-62 as the loan was not repaid despite repeated demands. Defendant 1 contested the suit alleging that he did not receive the loan nor executed the promissory note. His case was that he and the plaintiff used to take advances from one Mankchand Company for supplying jute. Plaintiff settled the accounts regarding the profits accruing to defendant 1. Plaintiff wanted the defendants to do jute business with him. As defendant 1 did not agree a false suit was brought on the forged hand-note.2. The learned Munsif held that the hand-note was inadmissible in evidence as it was insufficiently stamped. He rejected plaintiff's prayer for amendment of the plaint and dismissed the suit after trial. The learned Subordinate Judge in appeal allowed the amendment and remanded the suit for fresh hearing with full opportunities to the parties to lead further evidence. Against the order of remand, the civil r...
Prasanta Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Jul-17-1968
Reported in: AIR1969Ori61; 34(1968)CLT1052; (1969)IILLJ325Ori
Barman, C.J.1. The petitioner challenges the order of his reversion from the post of Director of Fisheries, Crissa to which post he was temporarily appointed to act for specified period to the post of Joint Director of Fisheries, by an order dated February, 27, 1968 passed by the Government of Orissa,2. The permanent incumbent of the post of Director of Fisheries, Orissa was one Sri G. N. Mitra who since September,1963 has been and still is, on deputation to the Government of India retaining however his lien in the post. The then senior-most Deputy Director of Fisheries Sri G. B. Mohanty was promoted to officiate in the said post of Director of Fisheries in the place of Sri G. N. Mitra. In June, 1964 Sri G. B. Mohanty died. Thereafter the petitioner Sri Prasanta Mohapatra was appointed temporarily to act as Director of Fisheries in the vacancy caused by Sri Mitra's deputation, for periods of six months successively by a series of orders. The last of these orders dated November 2, 1967 ...
Somanath Misra Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Jul-17-1968
Reported in: AIR1969Ori37; 34(1968)CLT1026; (1969)IILLJ308Ori
Barman, C.J.1. In this writ petition. Sri Somanath Misra, a member of the Indian Administrative Service, challenges the order of the Government of India purporting to prematurely retire him from service in the public interest on the expiry of three months from the date of service of notice on him. The provision under which the Government purported to have passed the said order of retirement is Rule 16(3) of the All India Services (Death-cum-Retirement Benefit) Rules. 1958 made by the Central Government under Section 3(1) of the All India Services Act, 1951 after consultation with the Governments of the States.2. Rule 18(3) under which the said order of retirement was passed is this:'16(3). The Central Government, to consultation with the State Government may require a member of the Service who has completed 30 years of qualifying service or who has attained the age of 55 years to retire in the public interest provided that at least three months' previous notice in writing will be given...
K. Venkata Suryanarayana Patnaik Vs. Royal Chit Fund and anr.
Court: Orissa
Decided on: Jul-11-1968
Reported in: AIR1968Ori295; 34(1968)CLT1389
ORDERG.K. Misra, J. 1. In T.M.S. No. 6 of 1967 the learned Subordinate Judge passed the following order on 29-4-1967:--'Defendant 2 files petition for time as per the reasons stated therein. Petition is allowed. To 21-6-1967 for settlement of issues on examination of parties. Written statement in the meantime.'On 21-6-1967 defendant No. 2 filed written statement and filed hazira for his examination under Order 10, Rules 1 and 2, C.P.C No steps were taken by the plaintiff that day. The Court accordingly dismissed the suit for default. On the very day the plaintiff's advocate filed an application for restoration of the suit, a case was registered under Order 9, Rule 9, C.P.C. There was no challenge regarding the existence of sufficient cause for the plaintiff's absence on 21-6-1967. The M.J.C. was contested on the question of maintainability of the application for restoration of the suit under Order 9, Rule 9, C.P.C. After having heard the matter fully, the learned Subordinate Judge rest...
Narayan Pradhan and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-08-1968
Reported in: 34(1968)CLT1210; (1969)IILLJ318Ori
A. Misra, J.1. These three writ petitions are taken up together as the questions which arise for determination are substantially common in all of them.2. The petitioner under each of these applications has prayed for issue of a writ of mandamus or other appropriate writ or order declaring the Orissa Ministerial Service (Regulation of Recruitment and Conditions of Service of Irregular Recruits in the Departments of Secretariat) Rules, 1964, invalid and ultra vires and directing the State of Orissa, opposite party 1, to forbear from applying the said rules to them or affect their present terms and conditions of service, salary, emoluments and seniority in the gradation list.3. Narayan Pradhan, petitioner in Original Jurisdiction Case No. 193 of 1964 was first appointed as a lower division assistant in the Board of Revenue (head of the department) on 30 June 1955. Thereafter, he was promoted on officiating basis to the post of a lower division assistant in the Secretariat on 19 June 1956 ...
Netrananda Behara Vs. the State
Court: Orissa
Decided on: Jul-04-1968
Reported in: AIR1968Ori229; 1968CriLJ1626
ATRA, J.1. The appellant was tried on a charge under Section 302, I. P. C., on the allegation that he committed murder of his wife Musa Dei at about 4 p.m. on the 16th December, 1964 by striking her on the head with the blunt side of an axe (M.O. I) and sentenced to imprisonment for life. The appellant married Musa Dei about 4 to 6 years before the date of occurrence. They had no issues and there is also no evidence of the existence of any ill-feeling between the husband and the wife. The only other inmate of the house, namely, the mother of the appellant, was admittedly absent from home on the date of occurrence. At the time of the occurrence, P.W. 4 had gone to throw refuse in her manure pit which is very near to the house of the appellant and while there she heard Musa Dei crying 'Bapalo, Marigali. P. W. 4 immediately went and informed Kanchan Dei, P.W. 7, the sister of the appellant, whose house is about 100 yards off from that of the appellant. She immediately went to the appellan...
Gobardhan Das Babaji Vs. Raghunandan Das Babaji and ors.
Court: Orissa
Decided on: Jul-02-1968
Reported in: AIR1968Ori213; 34(1968)CLT1321
ORDERG.K. Misra, J.1. Raghunandandas Babaji (Opposite Party-1) filed an application under Order 33, Rule 1, Civil Procedure Code, on 11-8-1968 against Gobardhan Das Babaji (Petitioner), Udaya Pratap Singh Deo, ex-Zamindar of Seragad (Opposite Party-2) and the Collector of Ganjam (Opposite Party-3), The suit was valued at Rs. 16,576, the court-fees payable being Rs. 1,586.75 paise. Opposite Party-1 asserted that he had movable properties worth Rs. 47.00 only and no other properties.The essential facts mentioned in the pauper application regarding the nature of the rights of Opposite Party-1 may be stated ia brief. The suit institution is Narayan Muth situated at Seragad. The presiding deity of the Muth is Luxminarayan Mahapravu. The Muth is the private endowment of theex-Zamindars of Seragad who were successively exercising their rights in the management of the Muth. The public and the Cominissioner of Endowments have no rights therein. Late Zamindar Sri Lakshmi Nrusingh Deo appointed S...
Sk. Mamtaj Alli Vs. Sk. Alli and ors.
Court: Orissa
Decided on: Jul-02-1968
Reported in: AIR1968Ori206a; 34(1968)CLT943
Patra, J. 1. This is an appeal by an unsuccessful plaintiff whose suit for declaration of his right, title and interest over the disputed properties and recovery of possession thereof was dismissed by the Additional Subordinate Judge, Balasore. The suit properties originally belonged to Mallik Pancbu and two others, who by a registered deed of gift dated 18-10-43 (Ext. 1) transferred the same in favour of one Sultan Shah Darvesh. Darvesh possessed the properties till 30-1-50 when by a registered document described as a deed of gift (Ext. 2) he transferred the properties in favour of defendants Nos. 1 and 17 and delivered possession thereof to them. Thereafter Mallik Panchu and two others filed a suit (O. S. No. 58/50) in the Court of the Munsif, Bhadrak for setting aside Ext. I The suit was contested by defendants Nos. 1 and 17 and was ultimately dismissed. It was alleged in the plaint that to meet the expenses of litigation in that suit defendants Nos. 1 and 17 had incurred certain lo...
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