Orissa Court August 1968 Judgments
Dr. S.N. Ghosal Vs. State of Orissa
Court: Orissa
Decided on: Aug-28-1968
Reported in: AIR1969Ori45; 34(1968)CLT1392; (1970)ILLJ327Ori
Acharya, J.1. This is an application under Article 226 of the Constitution of India by Dr. S. N. Ghosal, who was the Medical Superintendent, T.B. Hospital, Puri at the time when he filed this petition, challenging the validity of Notice No. 14182/H. dated July 20, 1967 (copy at annexure 4) issued by the Secretary to the Government of Orissa in the Health Department, purporting to act under the order of the Governor of Orissa, directing and requiring the petitioner to retire from Government service with effect from the date of expiry of three months from the date of the service of the said notice,2. The petitioner's allegation in this writ petition is that while he was continuing in Government Service, the age of compulsory retirement was raised from 55 to 58 by a resolution of the Government of Orissa in the Political and Services Department dated May 21, 1963, which was circulated to all the departments of the Government and to all concerned by their communication dated May 21, 1933 a...
Tag this Judgment!Ramballav Bhramarbar Ray Vs. Utkal University and anr.
Court: Orissa
Decided on: Aug-28-1968
Reported in: AIR1969Ori89
A. Misra, J.1. The petitioner appeared at the LL. B. Part I examination held between 19th and 24th June, 1967. On 24-6-67, while answering paper No. VI (Jurisprudence), feeling some urge to answer call of nature, he left the examination hall with the permission of the Centre Superintendent about an hour after the commencement of examination and proceeded to the toilet situate about 100 yards from the examination hall. In the toilet, some torn and full sheets of printed papers were lying scattered. While he was in the toilet, the Centre Superintendent entered and accused him of being in possession of printed papers. He denied this accusation and replied that while urinating he was simply looking at the papers which were lying scattered on the floor. The Centre Superintendent took a statement from him more or less on the lines stated above.Subsequently, by a letter the Deputy Registrar of the Utkal University on the basis of the report from the Centre Superintendent communicated two spec...
Tag this Judgment!Sribataha Barik Vs. Musamat Padma
Court: Orissa
Decided on: Aug-28-1968
Reported in: AIR1969Ori112; 34(1968)CLT1205; 1969CriLJ761
ORDERS. Acharya, J.1. This is a revision against an order passed by Sri D. Naik, Sub-divisional Magistrate, Athmallik in Case No. 13-M of 1967 ordering the petitioner to pay a sum of Rs. 40/- per month with effect from the date of the institution of the said case on 26-6-1967, towards the maintenance of his wife, the opposite party and his minor son, who are now living away from the petitioner. While passing this order, the Magistrate has further ordered that if the petitioner does not choose to pay the maintenance as aforesaid, he is to live in the house of his wife's parents and to maintain them according to the desire of his wife.2. The petitioner's wife (the opposite party) filed the aforesaid case against her husband (the petitioner), on the allegation that she being the only daughter of her parents, her father, negotiated with the petitioner, and on getting his consent kept him as Ghar Jwain after performing their marriage. The petitioner lived with his wife in his father-in-law'...
Tag this Judgment!Mani Charan SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-28-1968
Reported in: AIR1969Ori184
G.K. Misra, J.1. Ka schedule land consists of 0.08 acre out of C. S. plot No. 816 recorded as Gochar in Anabadi Khata No. 501 of village Juna in the district of Cuttack. Kha schedule land consists of 0.05 acre out of C. S. plot No. 738 recorded as Rasta in Sarbasadharan Khata No. 193 of village Purusottampur in the district of Cuttack. Both the plots are contiguous. They are also contiguous to the house and homestead of the plaintiff. Plaintiff's case is that he is in possession of those two plots of lands from 1940 onwards and has acquired title of an occupancy tenant by prescription as against Kujang estate which vested in the State of Orissa on 27-11-52. He has been in possession all through. He wants declaration of title, confirmation of possession and for permanent injunction. The State of Orissa, the Khasmahal Tahasildar, Marsaghai and the S. D. O., Kendrapara, are defendants 1 to 3 respectively. Defen-dents 4 and 5 are villagers of Juna and defendants 6 and 7 are villagers of Pu...
Tag this Judgment!Smt. Bela Dibya Vs. Ramkishore Mohanty
Court: Orissa
Decided on: Aug-23-1968
Reported in: AIR1969Ori114; 34(1968)CLT1296
G.K. Misra, J.1. One Kashinath Tiadi had two sons, Hrudananda and Rama. Bela Dibya (decree-holder) is the widow of Kama. She brought Title Suit No. 234 of 1948 in the Court of the Munsif, Kendrapara, for maintenance against her husband's son as Rama died in joint status and the entire joint family property devolved upon Hrudananda's branch. The suit was decreed and a charge was created in her favour in respect of the disputed property and other properties (Lots 1 to 4). In Execution Case No. 127 of 1959 Lot No, 1 was put to auction sale for Rs. 87-55 paise. In the proclamation for sale the charge on Lot No. 1 was not mentioned. On 16-11-59 Rajkishore Mohanty (auction-purchaser-respondent) purchased lot, No. 1 in auction sale for Rs. 200/-.The decree-holder (appellant) withdrew her decretal dues with costs. The sale was confirmed on 23-12-59 and the sale certificate was issued on 22-1-60. Respondent took delivery of possession on 10-4-60. The decree-holder again started Execution Case N...
Tag this Judgment!Union of India (Uoi) Vs. Bhagaban Rout
Court: Orissa
Decided on: Aug-23-1968
Reported in: AIR1969Ori100; 35(1969)CLT196
G.K. Misra, J.1. Plaintiff despatched 629 baskets of mangoes from Ellore station on 11-6-57 to Cuttack Station. The consignment in a whole wagon reached Cuttack on 20-6-57. Plaintiffs' case is that the usual time for arrival of the consignment was 5 days. Though the consignment was booked in good condition, at the time of delivery they were found to be rotten and unfit for human consumption. An open delivery was taken and the Station Master, Cuttack, granted a certificate showing damage of mangoes at sixty per cent. The damage was due to unusual delay in the arrival of the consignment. Defendant was responsible for the damage caused by the delay. The suit was for recovery of Rs. 3924/4/-.The defence case is that the goods were sent at owner's risk. It was clearly stated in the railway-receipt that the goods were liable to perish, in transit. The distance between Ellore to Cuttack is 477 miles and the usual period of transit cannot be less than 7 days.The Courts below concurrently found...
Tag this Judgment!Bhaskar Mallik and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-23-1968
Reported in: 1970CriLJ1196
B.K. Patra, J.1. The two appellants and their father were tried on a charge under Section 302, Penal Code the case against them being that at 8 P. M. on 20th November, 1964, at mouza Tentei within the Soro P. S. they committed murder of one Udia Bewa. The father was acquitted in the trial court, but the two appellants were convicted under Section 304, Part II, Penal Code and each of them was sentenced to undergo R. I. for 5 years.2. Accused No. 1 Bhagat Mallik, who was acquitted in the trial court, has three sons, namely, the two appellants and one Markand Mallik (P. W.2). Markand's wife is Jema Dei (P.W. 3) and Jema's mother was the deceased Udia Bewa. Some time before the occurrence Bhagat Mallik had divided his properties amongst his three sons. Appellant No. 2 Naran being a leper was given only six gunths out of the family lands and the rest of the properties were divided equally amongst the two other sons, namely, appellant No. 1 and P. W. 2.Arrangement was made between appellant ...
Tag this Judgment!M.A. Jalil Vs. Sayed Iqubal Ali
Court: Orissa
Decided on: Aug-22-1968
Reported in: AIR1969Ori204; 34(1968)CLT1233; 1969CriLJ1000
ORDERB.K. Patra, J.1. This application in revision is directed against an order of a First Class Magistrate of Cuttack convicting the petitioner under Section 500 I. P. C. and sentencing him to pay a fine of Re. 1 and in default to undergo S. I. till the rising of the Court. While admitting this application a Rule was also issued calling upon the petitioner to show cause why the sentence should not be enhanced. 2. The petitioner is the Secretary of the Urdu Girls' M. E. School at Oriva Bazar at Cuttack town. P. W. 5 Abcda Begum was working as an Assistant Teacher in that School. On 29-9-64 the petitioner in his capacity as the Secretary of the School issued an order (Ex. 4) to P. W. 5 calling upon her to explain (a) why she was talking to a young man inside the school premises on 25-9-64; (b) why she was divulging the school secrels to the Sub-Inspector of Schools. On 19-9-64 another order (Ex. 3) had also been issued to P. W. 5 alleging that she was found copying out a certain letter ...
Tag this Judgment!Lakshman Jena Vs. Sudhakar Paltasingh
Court: Orissa
Decided on: Aug-21-1968
Reported in: AIR1969Ori149; 34(1968)CLT1237; 1969CriLJ926
ORDERB.K. Patra, J. 1. This is an application in revision directed against an order dated 23-3-66 passed by the S.D.M., Khurda, and confirmed in revision by the A. D. M. (J), Puri in the following circumstances. 2. The petitioner lodged information at the Bolagarh P.S. that he was a bhagchasi in respect of plot Nos. 231 and 228 in Khata No. 63 in mouza Shyamsundarpur under the landlord Paramananda Mahapatra and that he raised crops in the land during the disputed year and in due course cut and kept the same in the field for subsequently making them into sheaves and that thereafter the opposite party and these two brothers along with a number of labourers trespassed into the land and removed the crops therefrom. The Police after investigation submitted a final report on the ground of mistake of law. The petitioner thereupon filed a protest petition in the court of the S. D. M., Khurda, with a prayer for rejecting the final report submitted by the police and to call upon the latter to su...
Tag this Judgment!Sribatsa Misra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-20-1968
Reported in: AIR1969Ori13; 34(1968)CLT1099; (1970)ILLJ333Ori
Barman, C.J.1. The petitioner challenges an order of the Additional District Magistrate, Sundargarh, dated March 18, 1967 by which the petitioner was reverted from the rank of senior Upper Division Clerk td the rank of Junior Upper Division Clerk on the ground that he had not passed the Final Accounts Examination as required by Rule 9 of the Orissa Ministerial Services (Method of Recruitment and Conditions of Service of Clerks and Assistants in the District Offices and Offices of Heads of Departments) Rules 1963 (hereinafter referred to as the Orissa Ministerial Service Rules).2. The petitioner's main points are that the Orissa Ministerial Service Rules, 1963, as prospective do not apply to his case; that he was exempted from undergoing a course of training in Accounts as required prior to the Rules of 1963; that in any event he actually passed the Accounts Examination and should be deemed to have satisfied the appropriate rule or order -- even if applicable to the petitioner -- requir...
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