Orissa Court August 1969 Judgments
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Kumar Padhan and ors. Vs. Hara Bhoi and ors.
Court: Orissa
Decided on: Aug-29-1969
Reported in: 35(1969)CLT1300; 1971CriLJ127
ORDERA. Misra, J.1. The members of the 2nd Party in the proceeding Under Section 145, Cr.PC are the petitioners. The subject-matter of dispute is 23.84 acres in holding No. 11 of village Changuria. The brief facts of the case are that one Bhuban Padhan had five sons and he left certain lands in village Dubalababal as well as 47.82 acres in village Changuria. After the death of Bhuban, the disputed lands measuring 23 and odd acres in Changuria were possessed by Mahadeb, one of the sons of Bhuban, while the remaining lands in Dubala-bahal and Changuria were possessed by members representing the other four branches. Mahadeb died leaving his widow Gharjugi and three daughters Hara, Sushila and Pira. These daughters, besides the son of Hara and the husbands of the two other daughters constitute members of the 1st party. They claim to be in possession of the disputed lands. On the other hand, the members of the 2nd party who represent the remaining four branches allege that the properties in...
Ayodhya Prasad Singh Vs. Registrar, Co-operative Societies and ors.
Court: Orissa
Decided on: Aug-28-1969
Reported in: AIR1970Ori201; 35(1969)CLT1267
R.N. Misra, J.1. In this writ application under Article 226 of the Constitution the petitioner seeks to challenge the validity of the order dated 29-11-63 terminating his service, on the ground that the said order is illegal and inoperative as the provisions of Article 311(2) of the Constitution have not been followed. The petitioner was appointed as an Inspector of Co-operative Societies on probation by the order dated 10-12-65 which ' was to the following effect:--'Office of the Registrar, Co-operative Societies, Orissa, Bhubaneswar. Order No.16372XXVA-Gen-228/55Dated Bhubaneswarthe 20th Dec. 55. The following candidates are appointed temporarily as Inspectors of Co-operative Societies in the scale of pay Rs. 85-2-97-115-E.B.-4-155/- P.M. with usual Dearness Allowance and posted to the places noted against their names. X X X X X 2. Shri Ajodhya Prasad SinghBalangir Circle in place of Narayan Misraappointed but not joined. X X X X X The posts are temporary and are liable to be termina...
Purna Chandra Parida and ors. Vs. Ganeswar Parida
Court: Orissa
Decided on: Aug-28-1969
Reported in: 35(1969)CLT1105; 1970CriLJ298
ORDERA. Misra, J.1. Each of the four petitioners has been convicted Under Sections 447 and 323 I.P.C. and sentenced to fine of Rs. 30/- and Rs. 40/- respectively, and in default, to undergo S, I. for fifteen days on each count.2. Petitioners nos. 1 and 2 are sons of petitioner No. 4 and petitioner No. 3 is their cousin. According to the complainant (P. W. 2), on 28-3-64, petitioner No. 1 entered his bari which is plot No. 933 and was about to climb and pluck cocoanuts from his tree. On protest, himself and his cousin (P. W. 5) were assaulted by all the petitioners. P. Ws. 2 and 5 were treated by the doctor in Nima-para for some days, thereafter they came to Puri where they received further treatment and then filed the complaint petition. Petitioners, in defence, deny the occurrence and allege that out of existing enmity P. W. 2 has filed a false case against them and other P. Ws. have falsely deposed. The courts below accepting the testimony of the P. Ws. convicted and sentenced the pe...
Bairagi Rout and ors. Vs. Brahmananda Das
Court: Orissa
Decided on: Aug-28-1969
Reported in: 1970CriLJ638
ORDERA. Misra, J.1. Each of the five petitioners has been convicted under as. 143 and 379 I.P.C. and sentenced to a fine of Rs. 100/-, and in default, to undergo R.I. for fifteen days under Section 379 I.P.C, while no separate sentence has been awarded under Section 143 I.P.C.2. The prosecution case is that on 12-1-1964, petitioners came in a body and in prosecution of their common object committed theft of fish from complainant's tank on plot No. 320 in village Dharmakirti. The motive attributed to the petitioners is that they indulged in the aforesaid act at the instigation of the Mohant of Sidha Muth who was ill-disposed towards him. In defence, petitioners denied to have committed theft of fish from the complainant's tank and allege that plot No. 320 belonging to him along with plots Nos. 273 to 276 and the intervening plot No. 322 constitute a ghai covered by one sheet of water without any separate embankments for the tanks on any of these plots. Therefore according to them, they ...
Shiba Prasad Sahoo Vs. State Transport Authority
Court: Orissa
Decided on: Aug-27-1969
Reported in: AIR1970Ori72; 35(1969)CLT1247
R.N. Misra, J.1. There are two Inter-State stage carriage routes (1) Sambalpur to Ranchi, and (2) Rourkela to Ranchi, on which the State Transport Service had been operating their buses. The petitioner came to know that the State Transport Service was about to withdraw from the said routes and therefore, made two separate applications to the State Transport Authority, opposite party before us, for grant of stage carriage permits to him on the said two routes. These applications were received in the office of the Secretary, State Transport Authority, on 17-3-69. On 22-3-69, the State Transport Authority decided to fill up the routes by invitation of applications and on 26-4-69, advertisements in terms of Section 57 of the Motor Vehicles Act (hereinafter to be referred to as the Act) were published inviting applications from intending operators on or before 15-5-69. After the applications were received, they were duly notified on 27-5-69, under Section 57 (3) of the Act fixing 30-6-69 as...
Banwarilal Boid Vs. P. Neelakantham and ors.
Court: Orissa
Decided on: Aug-27-1969
Reported in: AIR1970Ori53; 35(1969)CLT1100
S.K. Ray, J. 1. This is a second appeal preferred by the plaintiff from an order dated 19-10-62 of Sri C. Mohapatra, District Judge, Koraput-Jeypore, passed in Title Appeal No. 6 of 1962. rejecting a petition under Section 5 of the Limitation Act filed by the plaintiff-appellant before him and thereby ultimately dismissing the appeal as time-barred.2. The only question therefore that arises in this appeal is whether the District Judge was justified in rejecting the appeal filed before him on ground of limitation by dismissing this application for condonation of delay.3. It is not in dispute that the appeal filed before the District Judge was beyond time by five days. The appellant filed an application under Section 5 of the Limitation Act for condoning the delay. This application was supported by an affidavit. The circumstances detailed therein as the cause for delay are that the appellant was a cloth merchant and had to go to Bombay in connection with his business. He returned to Jeyp...
Ram Nahak and ors. Vs. Sita Dakuani and ors.
Court: Orissa
Decided on: Aug-19-1969
Reported in: AIR1970Ori82
Patra, J.1. This is an appeal against the judgment dated 28th April, 1967 of K.K. Das, J. passed in Second Appeal No. 252 of 1964. One Khali Dajua on behalf of himself and his minor son Ladu along with his son Raghunath Dakua executed on 3-3-1953 a registered deed of mortgage on conditional sale in favour of Ananta Nahak for a consideration of Rs. 600/-which was advanced to him in cash. The condition of the bond was that if the amount was not repaid within a period of two years from the date of the execution of the bond, mortgagee would become the full owner of the property and would enjoy the same absolutely.As the amount was not paid within the stipulated period, the mortgagee demanded payment or, in the alternative, possession of the mortgaged property and as the demand was not complied with, a suit was instituted in Court by the heirs of the mortgagee who was by then dead, against Khali Dakua and his two sons Raghunath Dakua and Ladu.Defendants 1 and 2 in the written statement admi...
Pradiplal Ghose Vs. Registrar, Utkal University Vani Bihar
Court: Orissa
Decided on: Aug-18-1969
Reported in: AIR1970Ori67
G.K. Misra, C.J.1. The petitioner appeared in the Pre-University Examination (Science) under the Utkal University in March, 1964, from Khallikote College Berhampur. English, Modern Indian Language (M. I. L.) and General Knowledge were the Compulsory subjects in which he had to appear. For optional subjects he selected Mathematics, Physics and Chemistry, He offered Economics as the fourth or the extra optional subject The Registration number of the petitioner in the Utkal University was 5859 of 1963 and his Roll number for the Examination was 793.2. The petitioner secured the following marks in the Pre University Examination as appears from the true copy filed by the Registrar of the Utkal University.'Name - Sri Pradiplal Ghose Roll - 7931.English Paper I...34)))))99 English Paper II...45 College marks...20 2.General Studies Humanities...23)))))60 -do- Science...23 College marks...14 3.M. I. L. (Oriya)...34)))44 -do- College marks...10 4.Mathematics...58)))75 College marks...17 5.Physic...
Balasore Motor Association Vs. the Regional Provident Fund Commissione ...
Court: Orissa
Decided on: Aug-18-1969
Reported in: AIR1970Ori199; 35(1969)CLT1022; (1970)ILLJ559Ori
ORDER1. This is an application under Articles 226 and 227 of the Constitution of India made on behalf of the Balasore Motor Association through its manager challenging a demand raised by the Regional Provident Fund Commissioner by virtue of the powers conferred upon him under Section 7A of the Employees' Provident Funds Act, 1952. The petitioner contends that it is not an establishment employing 20 or more persons, and as a matter of fact, apart from being an Association of bus owners, it does not carry on any business by itself. It does not employ 20 persons or more and therefore' is not able under the provisions of the Central Act No. XIX of 1952 to make any contribution as provided for under Section 6 of the Act. In the circumstances, the determination of the amount alleged to be due from it under the provisions of the Act is without jurisdiction and incompetent. In the counter affidavit filed by the opposite party it was asserted that enquiries had been made by an Inspector, under ...
Baidhar Das Vs. the State and ors.
Court: Orissa
Decided on: Aug-13-1969
Reported in: AIR1970Ori220
R.N. Misra, J. 1. This is a writ application under Articles 226 and 311 of the Constitution at the instance of the petitioner who was an organiser of the Craft School, Cuttack. He came to be appointed to such post in 1955, and while he was serving in such capacity, on 6-5-67 he was subjected to a departmental proceeding. Twelve charges were framed against him by the appointing authority and he was called upon to submit his explanation in respect of such charges. On 11-5-57, he applied for copies of statements of facts on which the charges were based and of documents referred to in the charges in order to be in a position to offer his explanation against the charges. As the copies were not supplied ultimately on 9-8-57 he offered his explanation mentioning therein that he had been handicapped in placing his explanation against the charges on account of the non-supply of the statements of facts and the documents which he had asked for. One Sri L. S. Panda, the Assistant Director of Indus...
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