Orissa Court December 1969 Judgments
Santosh Kumar Mohapatra and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-24-1969
Reported in: AIR1970Ori176; 1970CriLJ1374
Bay, J.1. Santosh Kumar Mohaoatra is the petitioner in O. J. C. No. 1006/69. He was taken into custody by the police acting under Section 151 of the Cr. P. C. and was produced before the Sub-Divisional Officer, Berhampur, on 21-7-69. The Magistrate remanded him to jail custody. Subsequently he was released on bail on 21-8-69. He was re-arrested at the jail gate and detained by Order No. 2316/69 dated 21-8-69 passed by the District Magistrate, Ganiam, in exercise of powers conferred on him by Section 3(2) of the Preventive Detention Act, 1950 (4 of 1950). The petitioner was arrested under this detention order on 21-8-69. The grounds for detention were served on the petitioner on 25-8-69, under Section 7 of the Preventive Detention Act. The petitioner made a full and complete representation, through a personal hearing before the Advisory Board which was of opinion that there was sufficient cause for detention of the petitioner. The Government of Orissa thereafter confirmed this detention...
Tag this Judgment!Nrusinghanath Deb and ors. Vs. Banamali Panda and ors.
Court: Orissa
Decided on: Dec-24-1969
Reported in: AIR1970Ori218
R.N. Misra, J. 1. This is an appeal by the plaintiffs against a reversing judgment of the learned Subordinate Judge, Puri in a suit for declaration of title and possession and for other reliefs.2. The case made out by the plaintiffs was that the suit properties along with certain other properties belonged to the deity Sri Nrusingnanath Deb. Plaintiffs 2 and 3 and the predecessors of the defendants were in possession of such properties as marfat-dars. For convenience of possession, the marfatdars had divided the properties of the deity among themselves and in such division the suit properties came to be allotted to the share of Ananda Panda, father of plaintiffs 2 and 3. Ananda's eldest son Agadhu died issueless. Taking advantage of a dispute between late Agadu Panda and plaintiff No. 2 (plaintiff No. 3 was a minor then) Bhagaban Panda, uncle of defendant No. 1 obtained a permanent lease in respect of the disputed properties in the names of himself and his brother Banchhanidhi, father o...
Tag this Judgment!Kandha Das Vs. Indumati Devi
Court: Orissa
Decided on: Dec-23-1969
Reported in: AIR1970Ori215
R.N. Misra, J. 1. This second appeal is by the sole defendant in a suit for title, declaration that her interest is not bound by the alienation by her father in favour of the defendant on 7-9-1959 under Ext. B and to recover possession. The defendant has lost in the Courts below.2. The plaintiffs case was that her father Bachha Das was the owner of the suit property and he died leaving behind the plaintiff who is his daughter as the sole heir. Bachha executed a settlement on 5-1-1959 giving all his properties to the plaintiff and the plaintiff has been in possession ever since then. The defendant Khandha happens to be a cousin of Bachha and when he disturbed her possession, proceedings under Section 144, Criminal Procedure Code were initiated which were subsequently converted to proceedings under Section 145, Criminal Procedure Code. Possession was, however, found in favour of the defendant. Therefore the plaintiff has come with the present suit.3. The defence taken was that the proper...
Tag this Judgment!Certificate Officer and anr. Vs. Kasturi Chand Malu and anr.
Court: Orissa
Decided on: Dec-12-1969
Reported in: (1983)34CTR(All)62; [1984]145ITR598(All)
R.N. Misra, J. 1. Defendants 1 and 2, who are the Certificate Officer and the State of Orissa represented by the Collector of Ganjam, are the appellants in this appeal against a reversing judgment of the learned Additional Subordinate Judge, Berhampur, in a suit for declaration that the certificate proceedings for recovery of arrears of sales tax dues which are being pressed by defendant No. 1 are illegal and not : in conformity with the provisions of the Madras Revenue Recovery Act, 1859 and for further relief for permanent injunction. 2. As it appears, the plaintiff, one Rama-deen defendant No. 3 and another Giridharilal Malu, not a party to the present suit, were partners of a firm known as Reedkaran Rarnadin which was registered firm under the Indian Partnership Act, 1932. The firm came to be dissolved with effect from 15-5-56. Defendant No. 3 had undertaken to pay up the liability of sales tax and other public dues upto the date of dissolution. Bulk of the amount of sales tax as d...
Tag this Judgment!Sachchidananda Tripathy Vs. Vice-chancellor, Samalpur University and o ...
Court: Orissa
Decided on: Dec-10-1969
Reported in: AIR1970Ori181
G.K. Misra, C.J. 1. The petitioner a student of the University -- College of Engineering, Burla -- had appeared for the FinalEngineering Degree Examination of the Sambalpur University held in April, 1969. Hisroll No. is 473. He secured marks in different subjects as would appear from Annexure III extracted below:-- SAMBALPUR UNIVERSITY.University College of Engineering, BurlaMark sheet.Name of candidate, Shri; Sachida Nan la Tripathy Roll No.473, B, Sc. (Engineering)Part II (Electrical Engineering Branch)-5 Year. April 1969. Maximum Marks Marks SecuredSl. No.Subject.Uni. Exam.Coll. Exam.TotalPass marksUni. Exam.Coll. Exam.Total1.Electrical Machine Design, Partt II802010080872892.Generation and Protection802010080857423.Utilisation with traction802010030408544.Power plant Practice802010080886445.Industrial organization and workshop management8020100804015556.High Voltage' Engineering802010030408487.Industrial electronics802010080192218.Mathematics, Paper VIII80201008062865 640160800240...
Tag this Judgment!Padmalav Das and ors. Vs. Official Liquidator, Puri Bank Ltd. (In Liqu ...
Court: Orissa
Decided on: Dec-03-1969
Reported in: [1971]41CompCas1050(Orissa)
ORDERB.K. Patra, J.1. This is an application filed by Padmalav Das, Madan Mohan Das and Gagan Behari Das, all sons of late Satrughna Das praying that, in the circumstances mentioned therein, certain properties attached and sold in Execution Case No. 1 of 1955 in execution of a decree brought by the Puri Bank against the judgment-debtor Krushna Chandra Das, should be excluded from attachment and sale on the ground that the properties belong to them and that the said Krushna Chandra Das had no interest in those properties. One Ananda Das died leaving behind him two sons, namely, Satrughna Das and Gandharba Das and Mukta Dei his widow. The three petitioners and the deceased judgment-debtor Krushna Chandra Das are the sons of Satrughna Das. Krushna died leaving behind him his widow Bimala Dei and two sons, namely, Niranjan and Manoranjan. Krushna was the original judgment-debtor in Execution Case No. 1 of 1955. On his death on 12-10-1960, his mother Mukta, widow Bimala and two sons Niranja...
Tag this Judgment!State Vs. Prakash Chandra Agarwalla
Court: Orissa
Decided on: Dec-03-1969
Reported in: AIR1970Ori171; 1970CriLJ1254
ORDERB.K. Patra, J.1. The opposite party Prakash Chandra Agarwalla holds a licence under the Orissa Foodgrains Dealers' Licensing Order, 1964 (hereinafter referred to as the Order) and was dealing in wheat and wheat-products. The Inspector, Vigilance, Titlagarh inspected his shop on 28-8-1965 and found some irregularities in maintenance of his account books as the books did not show the correct stock of wheat held by him by that day. The opposite party also did not submit fortnightly returns as required under Clause (4) of the Licence. On the aforesaid allegations, the Inspector, Vigilance submitted a prosecution report against him under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) for contravening the conditions of the licence issued to him. In course of search of the shop of opposite party about 17 quintals and 68 kilograms of wheat were found and seized. The opposite party appeared in Court and filed an application that he is entitled to be s...
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