Orissa Court February 1969 Judgments
Radha Charan Patnaik Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-28-1969
Reported in: AIR1969Ori237; 35(1969)CLT448
Barman, C. J.1. The petitioner -- an Advocate of this High Court -- challenges the advertisement dated September 11, 1963, issued by the Registrar of the Orissa High Court inviting applications for one post of District Judge under Rules 8 (2) (ii) and 6 of the Orissa Superior Judicial Service Rules, 1963 made by the Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution for the regulation of recruitment to posts in, and the conditions of service of persons appointed to, the Orissa Superior Judicial Service, as unconstitutional and invalid with a prayer for directing the Registrar of the Orissa High Court to republish the said advertisement. 2. Rule 8 (2) is this; '8 (2) Candidates for direct recruitment to the Senior Branch of the Service shall- (i) be at least 7 years standing at the Bar, and (ii) not be under 35 and over 45 years of age.' It is in conformity with this Rule that, in paragraph 2 of the advertisement, it was stated thus: 'A candi...
Tag this Judgment!Bhanja Naik Vs. Somanath Mohanty
Court: Orissa
Decided on: Feb-28-1969
Reported in: AIR1969Ori268; 35(1969)CLT411; 1969CriLJ1414
ORDERS.K. Ray, J. 1. This is an application seeking to review the operative part of the judgment of this Court dated 23th November, 1967, passed in Cr. Revn. No. 298/66. The operative part of the judgment contained in its last paragraph runs as follows: 'Learned counsel for the petitioner however, states that the accused has already undergone a part of the substantive sentence and that he had had sufficient harassment since the prosecution was launched. While, therefore, maintaining the conviction of the petitioner under Section 420, I. P. C., I would reduce his substantive sentence to the period already undergone, and maintain the sentence of fine, and with this modification in the sentence, the revision is dismissed.'2. Cr. Revision No. 298/66 was filed by the accused-opposite-party against the confirming order of conviction and sentence dated 28-4-66 passed by Sri S.K. Patra, Sessions Judge of Puri by which he was convicted under Section 420 IPC., and sentenced to R. I. for two mont...
Tag this Judgment!Tutika Lakshminarayana and ors. Vs. Patharla Saraswati and anr.
Court: Orissa
Decided on: Feb-25-1969
Reported in: AIR1969Ori265; 35(1969)CLT461
ORDERA. Misra, J. 1. This is a reference by the taxing Officer on the objection raised by the Stamp Reporter that the memo of Appeal has not been properly valued and court-fee paid is insufficient. 2. Plaintiff and defendants Nos. 1 to 3 are the successors to the deceased Sreeramulu. A previous partition suit filed by a cosharer of deceased Sreeramulu was decreed in which the latter was allotted 1/4th share. In the said partition proceeding, plaintiff sought to get her share separated from the other heirs of the deceased Sreeramulu, but ultimately she was directed to file a separate partition suit. Accordingly, she filed the partition suit, out of which, this appeal has arisen for allotment of 1/4th share in the properties described in Schedules A & B belonging to deceased Sreeramulu including the share which had been allotted to him in the previous partition suit. The trial court decreed the plaintiff's suit allotting 1/8th share in the A Schedule properties and 1/4th share in the B S...
Tag this Judgment!Krushna Chandra Hota Vs. State
Court: Orissa
Decided on: Feb-25-1969
Reported in: 35(1969)CLT381; 1969CriLJ1307
ORDERA. Misra, J.1. The petitioner has been convicted under Section 436, I.P.C. and sentenced to undergo rigorous imprisonment for three years.2. The prosecution case, in short, is that a few days before the date of occurrence during the course of a quarrel between the petitioner on the one hand and P. Ws. 1 and 4 on the other, the former had threatened to burn the latter's house. It is alleged that on the morning of 20.4.68 when P. W. 1 was absent from home, petitioner pet fire to the roof of the outer bari room of P. W. l's house. hearing the hulla raised by P. W. 2, who claims to have witnessed the action of petitioner, people gathered and extinguished the fire, the only damage having occurred being the burning of the roof to the extent of 3 X 2 cubits. On return home, P. W. 1 being informed about the occurrence proceeded to the P. S. and lodged the F.I.R. After investigation, police submitted a final report, but on a protest petition, the learned Magistrate called upon the police t...
Tag this Judgment!Bisipati Padhan Vs. State
Court: Orissa
Decided on: Feb-21-1969
Reported in: AIR1969Ori289a; 35(1969)CLT362; 1969CriLJ1517
G.K. Misra, J.1. The appellant has been convicted under Section 302 I. P. C. and sentenced to death. A reference has been made under Section 374 Cr. P. C. to the High Court for confirmation of the sentence of death.2. The prosecution case may be stated in short. One Badal (dead) had four sons Krushna (dead), Kalisingi (P. W. 2), Suma (dead) and Arjun (the deceased). Out of them, only Krushna had 2 sons Tunde (P. W. 1) and Bisipati (the accused). Others had no issues. The four sons of Badal were having joint cultivation of their lands. They had however separate messings. On 28-2-68 at about 4 P. M. the deceased Arjun, P. W. 2 and the accused were sitting in the Bari of the accused. The deceased asked the accused as to why he was loitering with the gun and was not doing work in the fields. The accused went inside his house, brought out his gun (M. O. I.) and shot the deceased. The deceased instantaneously fell down dead. The accused threw away the gun in the Bari and entered into his hou...
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