Orissa Court October 1969 Judgments
Union of India (Uoi) Vs. Kisan Khandelwal
Court: Orissa
Decided on: Oct-30-1969
Reported in: AIR1970Ori137
R.N. Misra, J. 1. This appeal is on behalf of the Union of India against the order of the learned Subordinate Judge, Bala-sore, dated 27-11-65 by which an application under Section 47 C. P. C. made by the Union of India was overruled. The short facts relevant for the decision of this case are the following. On 15-11-55 a money decree was obtained against the Eailway. On 12-7-60 the First Appeal was disposed of. Execution case No. 48 of 1963 was levied on 15-7-63. On 20-12-63 the following order was passed by the learned Subordinate Judge in the execution case: 'It is seen from the original record that a report has not been made to the Government, Make a report to Government as ordered on 14-12-63. This execution case is dismissed as premature.' Thereafter a fresh execution ease was filed on 2-5-64. Upon notice to the Railway in the execution case an objection under Section 47 C. P. C. was filed taking the stand that the execution was barred by limitation. The learned Subordinate Judge ...
Tag this Judgment!Koutuki Sabatani Vs. Raghu Sethi
Court: Orissa
Decided on: Oct-30-1969
Reported in: AIR1970Ori116
Patra, J.1. This is an appeal against a reversing judgment of the Additional Subordinate Judge, Behrampur dismissing the plaintiff-appellant's suit for declaration of title to the suit lands and for an order of injunction restraining defendant No. 1 from interfering with her possession thereof or, in the alternative, for recovery of possession of the lands.2. According to the plaintiff-appellant, the suit lands are ryoti lands belonging to one Buchi Ram Das, the land-holder of village Dwargam where the lands are situated. Buchi Ram Das had gifted away these lands to the villagers of Dwargara free of rent and since after the grant, the villagers have acquired occupancy right therein. Some time afterwards Buchhi-ram sold his interest in Dwargam estate to defendant No. 27 Kontho Chowdhury. The latter demanded rent for the lands from the villagers and when they resisted, he started some cases against them and to meet the litigation expenses, the villagers had incurred a loan from the husba...
Tag this Judgment!Giridhari Mohapatra and ors. Vs. Smt. Parbati Dei
Court: Orissa
Decided on: Oct-30-1969
Reported in: 1971CriLJ184
ORDERA. Misra, J.1. Petitioner No. 1 is the sub-Inspector and petitioners Nos. 2 to 4 are constables. On 19.2-65, cne Jagabandhu Sahu of Manjuri Eoad lodged an P. I. E, alleging that a dacoity was committed at his house on the night of 18.2 65. Opp. party filed a complaint before the S. D. M., Bhadrak on 24-2-65 alleging that in connection with the aforementioned report of dacoity, her husband Chandra, moni Jena as well as his brother and brother's son were taken to the house of Jagabandhu where they were brutally assaulted, as a result of which, Chandramoni died. Thereafter, petitioners secretly carried the dead body and put it on the railway track to make it appear that death resulted due to falling under a moving train. This complaint was sent by the 8. D. M., Bhadrak to the Magistrate, 1st Class (Exe. cutive) for enquiry Under Section 202, Criminal P.C. The enquiring Magistrate submitted his report on 19 6-65 expressing the opinion that the complaint was malicious and did not warra...
Tag this Judgment!Japan Mohanta and ors. Vs. Dubulia Munda
Court: Orissa
Decided on: Oct-30-1969
Reported in: 1970CriLJ1194
ORDERA. Misra, J.1. The 2nd party members in a proceeding under Section 145, Criminal P. C. are the petitioners herein. According to the 1st party, the land in dispute measuring 1.85 acres appertaining to plot No. 259 has been in his possession since 40 years or so. On 25-10-66, the 1st party reported at the P. S. that the 2nd party members forcibly reaped the crop grown by him. After enquiry, police submitted a report, on the basis of which, the preliminary order was passed under Section 145, Criminal P. C., on 23-11-66, The 2nd party members, on the other hand, allege that 1.20 acres out of the disputed land appertains to their plot No. 258 and 0.4 acre appertains to plot No. 252. The disputed land consists of 11 kitas which have been divided among them and each is in possession of a portion. They assert that the 1st party was never in possession of the subject-matter of dispute.2. In support of their respective claims of possession of the disputed land, each of the parties filed fou...
Tag this Judgment!Hindusthan Steel Ltd. Vs. Prakash Chand Agarwal and anr.
Court: Orissa
Decided on: Oct-29-1969
Reported in: AIR1970Ori149
Patra, J.1. This is an appeal against an order of the Subordinate Judge, Sundergarh, rejecting an application under Order 9, Rule 9, Civil P. C. filed by the appellant to set aside the order dated 23-3-1966 dismissing M. S. No. 38 of 19G4 on the file of that Court for default. That suit was posted for trial to 21-3-1966. Both parties applied for time in the first instance but later on the defendant filed Hazira. The suit was adjourned to the next day for trial. On the 22nd, the plaintiff again applied for time. It being rejected, the plaintiff filed Hazira and the suit was taken up for trial. P. W. 1 was examined and cross-examined in part as there was no time to finish it. The suit was adjourned to the next day for further hearing and the witnesses in attendance were directed to reappear on the next day. Obviously because the next day did not suit the plaintiff, his Advocate filed an application for adjournment till 24-3-1966 but the application was rejected. On the next day, that is,...
Tag this Judgment!Sukra Tilming Munda and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-28-1969
Reported in: 1970CriLJ1193
ORDERA. Misra, J.1. Each of the petitioners has been convicted under Section 26(1)(h) of the Indian Forest Act and sentenced to a fine of Rs. 50/-, and in default, to undergo rigorous imprisonment for one month.2. According to the prosecution, on. 25th September 1964, petitioners were detected in clearing bushes, breaking land and felling some trees in the Dhaniapunji compartment of Kududa reserved forest. They were prosecuted for an offence under Section 26(1)(h) of the Indian Forest Act. Petitioners denied to have committed any offence, while petitioner No. 1 claimed that as Mundari Khunt-kathidar of village Dhaniapunji, he had the right to clear the jungle and perform puja at the place of occurrence. They also contended that the area in question is not a reserved forest.3. Prosecution examined, in all, four witnesses including the forest guards (P. Ws. 2 to 4) who detected the offence, P. W. 1 is the Forester who made an enquiry on receipt of the report front P. Ws. 2 to 4, visited ...
Tag this Judgment!Narayan Patra and ors. Vs. Tara Patrani and anr.
Court: Orissa
Decided on: Oct-09-1969
Reported in: AIR1970Ori131
Patra, J. 1. These two appeals S. A.424/64 and S. A. 427/64 arise out of Title Appeals 22/64 and 24/64 respectively disposed of by the Additional Subordinate Judge, Berhampur. Those two appeals in the Court of the Subordinate Judge had been filed against the decisions in T. S. 19 of 1959 and T. S. 22 of 1960 on the file of the Munsif of Parlakhimedi respectively. As the parties in both the appeals are the same and common questions of fact and law are involved in both the litigations, these appeals have been heard together and would be governed by this common judgment. 2. The relationship between the parties will appear from the following genealogical table: | ---------------------------------------- | | Magata Patra Damodar Patra =Musi (died in 1932) | | | --------------------------- Lokanath | | | | Gopinath Kalia Madan --------------------- =Rambha =Tara =Lalita | |(died in 1955) (P.1) (P.2) Narayan Judalo | (dead) Krishna | Chandra Kailash The undisputed facts of the case are these...
Tag this Judgment!Balmukund Oriya Vs. State
Court: Orissa
Decided on: Oct-08-1969
Reported in: AIR1970Ori130
G.K. Misra, C.J. 1. Facts may be stated in brief. On 1-3-1963 the petitioner was promoted to the post of Head Assistant in the Sambalpur Collectorate. On 22-9-63 he applied for three months earned leave with effect from 20-10-63 to go on pilgrimage, but the leave was not granted. He made an application on 8-2-1964 (which has not been made an Annexure), to grant leave for eight months preparatory to retirement, in case earned leave was not granted. On 26-2-1964 earned leave for three months was granted but the petitioner could not avail of the same as no reliever was available. On 15-4-1964, in annexure B addressed to the Collector of Sambalpur the petitioner stated; 'In the circumstances, it is requested that my application dated 8-2-64 may be treated as a notice for my retirement and I may be allowed to proceed on leave preparatory to retirement, for a period of 12 months from the date of my relief... I would further request you to grant me a copy of the orders refusing to allow me to...
Tag this Judgment!District Transport Manager, State Transport Vs. Satrughana Guru and an ...
Court: Orissa
Decided on: Oct-07-1969
Reported in: AIR1970Ori121
Patra, J. 1. Opposite party Satrughana Sahu, who is a driver of the State Transport Service. Sambalpur filed an application under Section 15(2) of the Payment of Wages Act (hereinafter referred to as the Wages Act) through the General Secretary of the All Orissa Transport Employees Union, Sarnbalpur for realisation of Rs. 15,601.30 p. towards his dues on account of his claim for extra wages in respect of the work done on days of rest and public holidays amounting to Rs. 1418-30 and compensation of ten times the claim amounting to Rs. 14,183-00, thus making the total of Rs. 15,601-30 p.. The period for which the claim was made was from the 1st August, 1958 up to the 30th June, 1962. The petitioner opposed the application inter alia on the grounds that the opposite party driver being a Government servant is not entitled to claim extra wages for the work done on public holidays and weekly rest days, that he is governed by the provisions of the Orissa Service Code and other rules framed by...
Tag this Judgment!Saroj Kumar Ghosh Vs. Chairman, Orissa State Electricity Board
Court: Orissa
Decided on: Oct-03-1969
Reported in: AIR1970Ori126
K.N. Misra, J. 1. In this application under Articles 226 and 227 of the Constitution the petitioner before us is the General Secretary of the City Distribution Division, Electrical Worker's Union and the Cuttack Electric Supply Workers' Union. 2. The short point that arises for consideration in this case is as to whether the opposite party Board is entitled in law to call upon the workmen in the employment of the Cuttack Electric Supply Co. Ltd., whose services have now been taken over by the Orissa State Electricity Board, to retire from service on attaining the age of 55. 3. It is not disputed that the Cuttack Electric Supply Co. Ltd. which was being managed by the Managing Agency M/s. Octavus Steel Co. Ltd. was taken over by the State of Orissa and was placed under the Orissa State Electricity Board. The Company came before this Court in O. J. C. No. 31 of 1962 challenging the order of the State Government in taking over the undertaking and cancelling its liecnse. Ultimately the mat...
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