Orissa Court November 1969 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Union of India (Uoi) Vs. Rasul Ahmed
Court: Orissa
Decided on: Nov-25-1969
Reported in: AIR1970Ori157
R.N. Misra, J.1. This is an appeal by the defendants against a reversing judgment of the lower appellate court in a suit for recovery of Rs. 3961.37 on account of non-delivery of goods consigned over the appellant Railways,2. The plaintiff came forward with a case that he was a businessman and placed orders for cotton piece goods with a manufacturer at Mau. On 18-12-60, a consignment of cotton piece goods was despatched to Cuttack and the corresponding railway receipt was endorsed to the plaintiff. Mau is a railway junction on the North Eastern Railway Station, for delivery to the plaintiff. The plaintiff approached the authorities at the Cuttack Railway Station for taking delivery of the consignment, but until 17-1-61 endorsements were given on the railway receipt that the consignment had not arrived. On 20-1-61, the plaintiff was told that the consignment had arrived and the freight was collected from him with demurrage (wharfage) for 2 days as is evidenced by the money receipt (Ext....
Ramakrishna Deo Vs. Balyokrishna Das and anr.
Court: Orissa
Decided on: Nov-25-1969
Reported in: AIR1970Ori156
R.N. Misra, J.1. Defendant No. 1 is the appellant against a confirming judgment of the learned District Judge of Koraput in a suit under Order 21, Rule 63, C.P.C.2. The plaintiff sued for declaration of title and possession over the crops raised on the suit land locally known as Khari Bhumi which had been attached by defendant No. 1 in E. P. Nos. 497 to 500 of 1957 on the file of the Revenue Divisional Officer, Nowrangpur, while he was executing a decree for arrears of rent. The contention raised by the plaintiff was that he was a lessee under his father in respect of the land from which the crops had been attached and harvested. Defendant No. 2 was the debtor and in an execution against him the crops raised by the plaintiff could not be proceeded against. The plaintiff further asserted that there was a partition between defendant No. 2 on one side and his sons including the plaintiff on the other, and the plaintiff was possessing the land from which the crops were harvested, on an ann...
Ramakrushna Mohanty Vs. Radhakrushna Mohanty and ors.
Court: Orissa
Decided on: Nov-25-1969
Reported in: AIR1970Ori237
R.N. Misra, J.1. The plaintiff is in appeal against a confirming judgment of the learned 5th Additional Subordinate Judge, Cuttack, in a suit for contribution against defendants 1 and 2.2. The plaintiff and defendants 1 and 2 who are his nephews were in possession of a homestead land to the extent of 12 decimals. In a partition the property and rent (sic) was being paid to defendant No. 4 together. On the allegation that defendant No. 4 and defendant No. 4 (sic) filed a rent suit for recovery of Rs. 11.19 by way of arrears of rent while nothing was due and in the said rent suit a decree was obtained by suppressing summons and the holding was put to sale also without issuing proper notices to the plaintiff who was a judgment-debtor and the plaintiff came to know about the auction sale only when it was about to be confirmed and, therefore, made the deposit to satisfy the decree, the present suit for contribution was filed. The plaintiff claimed recovery of Rs. 245.33.3. The defence taken...
Sri Upendra Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-24-1969
Reported in: AIR1970Ori205
G.K. Misra, C.J.1. On 28-6-69 the Orissa Public Service Commission (hereinafter to be referred to as the Commission) consisted of three members; (1) Sri Motilal Pandit, (2) Sri Upendra Das (petitioner) and (3) Sri Kali Kinkar Samal (opposite party No, 2). On attainment of the sixtieth year, Sri Pandit retired in the afternoon of 28-6-69. On 27-6-69 the Chief Secretary to the Government of Orissa issued two notifications, No. 10281 and No. 10282 appointing Sri K.K. Samal as Chairman of the Commission and Sri Chintamoni Mohapatra as member of the Commission with effect from 29-6-69 forenoon. The petitioner has filed this writ application under Article 226 of the Constitution, for quashing the aforesaid notifications and for issuing an injunction against opposite party No. 2 restraining him from functioning as Chairman of the Commission.2. From the statement of facts, it would appear that by 29-6-69 petitioner and opposite party No. 2 were persons who prior to their appointment as Members...
Haramani Dei Vs. Bauri Bewa
Court: Orissa
Decided on: Nov-20-1969
Reported in: AIR1970Ori203
R.N. Misra, J.1. This is a plaintiff's appeal against a reversing judgment of the lower appellate Court in a suit for partition and allotment of half share and for declaration that the sale deed dated 11-7-61 by Uchhab Padhan is void and for certain other ancillary reliefs,2. One Kela Padhan had 3 sons --Rama, Gobinda and Uchhab. The fourth wife of Uchhab is Bauri, the defendant, and the step-daughter of Bauri is Haramani, the plaintiff. Uchhab was ill and bed-ridden and 2 days before his death, according to the plaintiff, he was carried to the Sub-Registrar's Office and the impugned document was taken from him. The allegation of the plaintiff is that this document was fraudulent and without consideration and title to the Ka schedule land could not pass under the document. After Uchhab's death there was dispute which ultimately led to the filing of the present suit.3. The defence taken in the suit was that the plaintiff was not the daughter of Uchhab and she was really the daughter of ...
Bauribandhu Misra Vs. I.G. of Police and ors.
Court: Orissa
Decided on: Nov-17-1969
Reported in: AIR1970Ori213
G.K. Misra, C.J.1. The petitioner is a police constable. In February, 1960, he was attached to Jaleswar Police Station in the district of Balasore. On 7-2-1960 a farewell party was given at Jaleswar Police Station on the occasion of the transfer of the Officer-in-Charge. When the Police Officers, other constables and outsiders assembled at the barracks to attend the feast, the petitioner entered into the barracks with a short lathi in a drunken state and inflicted blows on constable No. 29. Thereafter, the petitioner remained confined in his own room, bolting the door from inside and did not listen to repeated calls by the Assistant Sub-Inspector to come out. A proceeding was drawn up against the petitioner. On 22-9-1961, the Superintendent of Police, Balasore (Opposite Party No. 31) ordered that the petitioner would forfeit his best increment as also his next increment for a period of two years from 1-9-1961, involving a pecuniary loss of Rs. 41/-. He also imposed three black marks. A...
Sudhakar Ghadei Vs. the State of Orissa
Court: Orissa
Decided on: Nov-17-1969
Reported in: AIR1970Ori224
G.K. Misra, C.J. 1. Facts more or less are not in dispute. The petitioner belongs to the 'Tiar' community which is a Scheduled Caste. He1 graduated from the Utkal University in 1962. In the competitive examination held by the Orissa Public Service Commission for the year, the petitioner secured the 105th position in the list of 133 successful candidates. He was the only successful scheduled caste candidate. The Public Service Commission placed him under Group 'B' with the following observation :'There were fifteen candidates and seven candidates belonging to the Scheduled Castes and Scheduled Tribes respectively. Five scheduled caste candidates and four scheduled tribe candidates did not take the examination. Out of the remaining candidates who appeared at the examination only one scheduled caste candidate qualified himself at the examination. He is Sri Sudhakar Ghadei who occupies the 105th position in the enclosed list. The commission, having regard to the maintenance of efficiency o...
Mali Bewa and ors. Vs. Dhunda Samal and anr.
Court: Orissa
Decided on: Nov-13-1969
Reported in: AIR1970Ori161
R.N. Misra, J.1. The plaintiffs are in appeal against a reversing judgment of the lower appellate court in a suit for specific performance of a contract of sale. Defendant No. 1 was the original owner of the Ka and Kha Schedule lands, and for legal necessity, the plaintiffs allege, she entered into an agreement to sell the properties in dispute on 27-8-57 for a total consideration of Rs. 400/-. Rs. 200/-as a part consideration was paid that day to defendant No. 1 and it is claimed that she put the plaintiffs in possession. The agreement is marked as Ext. 2. It is asserted by the plaintiffs that in spite of repeated demands by them defendant No. 1 postponed the execution of the document and ultimately on 29-11-57 she executed a sale deed in respect of the Kha schedule land of the plaint, which was a part of the contract, under Ext. 2 for Rs. 275/-in favour of defendant No. 2, The sale deed is marked as Ext. A.2. On the footing that defendant No. 2 had notice of the contract between the ...
Jharana Mills Ltd. Vs. Assistant Collector, Central Excise and ors.
Court: Orissa
Decided on: Nov-12-1969
Reported in: AIR1970Ori155
G.K. Misra, C.J.1. The petitioner is a private limited company with its registered office at Jharana in the district of Ganjam and is mainly a manufacturer of Oils and Oil products, and is licensed for such manufacture. A proceeding was taken against the petitioner by the Deputy Superintendent of Central Excise, Berhampur, as a result of a surprise visit to the factory on 2-2-1961. In due course an order was passed on 11-9-62, as per Annexure A whereby a sum of Rs. 6726-24 P. was demanded from the petitioner by way of duty. Over and above this, a penalty of Rs. 250/- was imposed. Against this order the petitioner carried an appeal. The Colletcor Central Excise, by his order dated 1-8-63 dismissed the appeal for non-compliance with the provisions of Section 129 of the Customs Act, 1962 read with Government of India, Ministry of Finance (Department of Revenue) Notification No. 68/63 dated 4-5-63 without going into the merits of the case.In other words, the petitioner was called upon to d...
Brahmananda Sahu and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-12-1969
Reported in: AIR1970Ori189; 35(1969)CLT1304
G.K. Misra, C.J. 1. By Annaxure 'C' dated 2-4-1969 the Subdivisional Officer, Jagatsinghpur, passed an order of eviction and issued notice under Section 6(4) of the Orissa Prevention of Land Encroachment Act, 1953 (Orissa Act 15 of 1954) (hereinafter to be referred to as the Act) directing the Tahsildar, Jagatsinghpur, to execute the eviction order and to do certain other acts.The notice may be extracted in toto:--'Memo No. 1444 dated 5-4-1969.Order of Eviction.Notice under Section 6(4) of 1968 of the O. P. L. E. Act. Encroachment Case No. 142 of 1968 against Brahmananda Sahu and others.To The Tahsildar, Jagatsinghpur.'Whereas after due enquiry the undersigned is satisfied that Shri B. N. Sahu, Natabar Sahu, Bhagabat Sahu, Indramani Sahu, Banamali Sahu, Adikanda Sahu, Govinda Sahu and Basanta Sahu, Village Garmal, P. S. Jagantsinghpur, has un-authorisedly (in) occupation of the land detailed below which is the property of Government and in spite of service of notice under Section 6(1) ...
- ‹ Prev
- 2
- Next ›
- Last »