Orissa Court August 1968 Judgments
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Prahlad Dora Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Aug-19-1968
Reported in: AIR1969Ori21; 34(1968)CLT1175
G.K. Misra, J.1. The Maharaja of Parala-khemudi filed O. S. No. 727 of 1945 before the Rent Suit Collector under Section 77 of the Madras Estate Land Act for recovery of rent for Faslis 1351, 1352 and 3353 corresponding to calendar years 1942, 1943 and 1944. The rent fell due on 1-7-42, 1-7-43 and 1-7-44. The suit was dismissed on 23-9-49 on the ground that the lands were not part of the estate and the plaintiff was not the land-holder under the Madras Estate Land Act and that the Revenue Courts had no jurisdiction to entertain the suit. Rent Appeal No. 18 of 1950 was dismissed on 3-2-56 by the Additional District Judge, Ganjam. He agreed with the reasons of the Rent Suit Collector.The Maharaja accordingly took back the plaint and filed M. S. No. 14 of 1956 on 23-2-56 before the Subordinate Judge, Berhampur in conformity with the view of the Additional District Judge that the Civil Court had jurisdiction. The suit was decreed on 30th of November. 1959. Therein the question of jurisdict...
Raj Kishore Mahapatra and ors. Vs. Narasingh Mishra
Court: Orissa
Decided on: Aug-19-1968
Reported in: AIR1969Ori56; 34(1968)CLT1286; 1969CriLJ430
ORDERS. Acharya, J.1. This is an application in revision against the order contained in the judgment in Complaint Case No. 97 of 1966 passed by Sri. P. C. Panda, Judicial Magistrate, 1st Class, Cuttack directing the accused persons, while acquitting them, to deliver physical possession of the idol of Sri Chandrasekhar Mohaprabhu along with His ornaments, clothings, seat etc. to the complainant for being worshipped in the house standing on plot No. 2447.2. Mr. Dhal, the learned counsel forthe petitioners contended that the above mentioned order is illegal and unwarranted in view of the findings arrived at and observations made in the judgment of the said court.3. Mr. Kanungo, learned counsel for the opposite party contended that the trial court was justified in passing the said order in view of the fact that the Endowment Commissioner decided that the deity was a private deity of the complainant's family; and that they also had theright to possess the deity for performing the Seva Puja;...
Ananta Misra Vs. Utama Dibya
Court: Orissa
Decided on: Aug-19-1968
Reported in: AIR1969Ori183
ORDERG.K. Misra, J.1. Plaintiff filed the suit on the allegation that the defendant borrowed Rs. 200/- from her on the basis of a registered Kentakabala (Ex. 1) dated 3-11-59 on condition that he would redeem the mortgage within two years. Despite repeated demands the money was not paid. On 9-4-63 an ex parte preliminary decree was passed. The decree directed the defendant to pay the decretal dues within three months failing which his right to redeem the mortgaged property would be foreclosed and the plaintiff would be in possession of the property after the decree was made final. During the final decree proceedings, notice was issued to the defendant to show cause why the decree should not be made final. On 15-4-65 defendant appeared and filed an application for setting aside the ex parte decree which was registered as a misc. case. On 22-4-65 further proceedings in the final decree was stayed until disposal' of the misc. case. The misc. case was dismissed on 31-1-66 and against this ...
Anand Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-14-1968
Reported in: 34(1968)CLT1118; (1970)ILLJ565Ori
S.B. Barman, C.J.1. In this writ petition, the petitioner, who was an assistant labour officer under the Government of Orissa, oballenges the action of the Labour Commissioner, Orissa (opposite party 3), in not allowing him to join an District. Labour Officer in the circumstances hereinafter stated.2 The petitioner, a Master of Arts in Labour and Social Welfare was appoints as assistant labour officer on 18 July 1960 on the basis of a written and viva voce test in which the petitioner was stated to have stood first. On 5 October 1961 the petitioner was informed that his services would no longer be required after one month from the date of issue of the said order. This order of discharge is however, stated to be arbitrary as appears from the order of the Minister in-charge which was put on record in a letter of the Secretary to Government, Tribal and Rural Welfare Department, to the Additional Secretary to Government, Home and Labour Department, dated 20 March 1965, which was produced b...
Bhaskar Chandra Sahu Vs. State
Court: Orissa
Decided on: Aug-14-1968
Reported in: 1969CriLJ578
ORDERS. Acharya, J.1. This is a revision against an appellate judgment of Sri S.K. Patro, Sessions Judge, Mayurbhanj-Keonjhar, in Criminal Appeal No. 16-M of 1966, maintaining the conviction of the petitioner under Section 457 I.P.C., and the sentence of two months' rigorous imprisonment and a fine of Rs. 50 passed on him by the Sub-Divisional Magistrate, Kaptipada.2. The prosecution case, in short, is that on 10.9.1965, at about midnight, the petitioner was found concealing himself underneath a bench inside a room of the house of the informant Kailash Chandra Das (P.W. 4), with the intention of committing theft of Rs. 200 which was collected the-same evening by the informant from different persons in the bazar to the knowledge and information of the petitioner. On the night of the occurrence, P.W. 4, after having bolted the doors of his rooms, slept on the inner verandah of his house with one of his children, and at about 1 A. M. when he went inside the room to get a Chadder for his c...
Sri Gopinath Deb and ors. Vs. Jagannath Baral and ors.
Court: Orissa
Decided on: Aug-13-1968
Reported in: AIR1969Ori18
G.K. Misra, J.1. Hari Baral had three sons, Pira, Madhab and Luxman. Plaintiffs 1, 2 and 3 are the sons of Pira, Madhab and Luxman respectively. Plaintiffs 2 and 3 are natural born sons of plaintiff 1 (sic). The suit was for declaration of title, confirmation of possession, or, in the alternative, for recovery of possession on the following averments; Pira, Madhab and Luxman were members of an undivided joint family and so also the plaintiffs. The suit land appertains to Khata No. 271 of village Billipada and is their ancestral property. The three brothers were in joint possession as members of the undivided family. In 1953 the defendants threatened to forcibly cut and remove paddy from the disputed land raised by the plaintiffs. On an inquiry into the matter, the plaintiffs came to learn that Luxman had executed a registered sale deed (Ex. E) in respect of the suit property in favour of one Hari Das of Kundheibentasai, Puri town, on 8-8-32, and that one Panchu Das, describing himself ...
Paramananda Ash Vs. Bhagabati Dei
Court: Orissa
Decided on: Aug-13-1968
Reported in: AIR1969Ori32; 34(1968)CLT1121
G.K. Misra, J.1. In Title Suit No. 155 of 1955 in the Court of the First Munsif, Cuttack, plaintiff obtained an ex parte decree with costs. The substantive portion of the decree runs thus.The defendant is directed to give peaceful possession of the house within one month hence, failing which plaintiff will take khas possession of the house through Court. The defendant is directed to pay to the plaintiff an amount of Rs. 66/-on account of arrears and the plaintiff is entitled to damages at the rate of Rs. 10/-per month from the date of the suit till delivery of possession of the house in execution proceeding on payment of proper court-fee. Future interest is not allowed. On 31-7-56 Execution Case No. 156 of 56 was levied for eviction and for recovery of Rs. 214-12-0 including arrear of house rent upto July, 1956 and costs of the suit. On 1-2-64 an agreement (Ex. A) was entered into between the parties, the essential terms of which are extracted hereunder.(i) Through the intervention of ...
Anadi Sahu and ors. Vs. Narendra Naik
Court: Orissa
Decided on: Aug-13-1968
Reported in: AIR1969Ori70; 1969CriLJ499
ORDERB.K. Patra, J.1. This application in revision is directed against an appellate order of the Additional Sessions Judge, Cuttack, upholding the conviction of the petitioners under Section 379 I. P. C. and the sentence of fine of Rs. 250 imposed on each of them. 14 persons including the petitioners were placed on trial before a Magistrate, First Class, Cuttack, on a charge under Section 379 I. P. C. on the allegation that on 23-11-63 between 7 A. M. and 4 P. M., they being armed with lathis, rifles and tentas carried away paddy crops worth Rs. 1300 from plot No. 780 which was in the possession of the opposite party Narendra Naik, and on which the latter had raised paddy crops. All the 14 persons were convicted in the trial court and while each of the3 petitioners was sentenced to pay a fine of Rs. 250 and in default to undergo R. I. for 2 months, the remaining accused persons were sentenced to pay a fine of Rs. 25 each and in default to undergo R. I. for 15 days. On appeal, the Addit...
Sribatsha Kanugo and ors. Vs. Board of Secondary Education and ors.
Court: Orissa
Decided on: Aug-12-1968
Reported in: AIR1969Ori301; 34(1968)CLT1162
Barman, C.J.1. In this writ petition tile petitioners, being the Managing Committee of the Nigam High English School, a private educational institution, in village Ameipal its President, Secretary and one of the members, challenge the order dated August 9/10, 1967 of the Inspector Of Schools, Cuttack Circle, Cuttack, purporting to act under Article 41 of the Orissa Education Code by which he dissolved the existing Managing Committee of the School and reconstituted a new Managing Committee on the grounds mentioned in the petition.2. It is said that there was no High English School in the locality of the petitioners till the year 1962. There was a general public demand for such a school and accordingly in pursuance of a unanimous resolution by the local public a Managing Committee was formed with petitioner No. 1 as the President, petitioner No. 2 as the Secretary and other members including petitioner No. 3, to raise funds and to manage the proposed High English School in the village Am...
Kirtan Das and anr. Vs. State
Court: Orissa
Decided on: Aug-09-1968
Reported in: AIR1969Ori36; 1969CriLJ397
ORDERS. Acharya, J.1. This is a revision against the appellate judgment of Sri L. Panda, Sessions Judge, Cuttack maintaining the conviction of the petitioners Nos. 1 and 2 under Sections 323 and 352, I.P.C., respectively, and the sentence of fine of Es, 150 and Rs. 60 imposed respectively on them by a First Class Magistrate, Jaipur.2. The prosecution case, in short, Is that at about 6 O'clock in the evening on 27-11-1963 the petitioners along with a few others being armed with lathis went to the house of the complainant Baidhar Das (P.W. 1), and entered into his house by forcing open the door, and removed therefrom paddy, rice and utensils etc.; and thereafter assaulted P.Ws. 2 and 3, the sister and mother respectively of P.W. 1 who were concealing themselves inside the house out of fear. Charge sheet was submitted against these petitioners and some others for offences under Sections 148, 149, 323, 324 and 426, I. P. C. As there was no evidence against the other accused persons, they w...
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