Orissa Court September 1969 Judgments
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State Vs. Balaram Singh and anr.
Court: Orissa
Decided on: Sep-26-1969
Reported in: AIR1970Ori107; 1970CriLJ913
ORDERB.K. Patra, J.1. The short point that arises for consideration in this case is whether a Magistrate acting under Section 159 Cr. P. C. has got the power to stop investigation by the Police of a cognizable offence while the investigation is already in progress, and to order a magisterial enquiry.2. Opposite party no. 1 was at the relevant time the Sub-Inspector of Police in charge of the Atgarh Police Station and opposite party No. 2 was the Sub-Inspector of Police in charge of Motor Vehicles in the office of the Superintendent of Police, Cuttack. A first Information Report was lodged against them m the Vigilance Police Station accusing them of having committed offences under Section 161 I. P. C. and Section 5(2)(41) of the Prevention of Corruption Act, 1947 . (Act 2 of 1947) and the investigation was taken up by the Deputy Superintendent of Vigilance, Cuttack. While the matter was pending investigation by the Vigilance Police, opposite party no, 1 filed an application under Sectio...
Ram Kumar Jhunjhunwala Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-25-1969
Reported in: AIR1970Ori233
R.N. Misra, J.1. This is an application under Articles 226 and 227 of the Constitution of India by the petitioner who is the recorded tenant of plot No. 78 of khata No. 107 in mouza Bisinabar, Cuttack Town. Plots Nos. 149, 150, 151 and 153 within the said mouza are homestead plots located in the neighbourhood of the petitioner's land, but plot No. 78 intercepts these plots from the Municipal road. A sketch map is on record which shows the location of these plots at the spot. Plot No. 153 located nearabout is a big tank whose embankment was providing a circuitous approach from another municipal road to these plots from a different side.The owners of these homestead plots who are quite a number of people approached the municipal authorities of Cuttack for construction of a road to link up these plots with the nearby municipal road and thereby provide a convenient outlet to the inhabitants of this area. The Municipal authorities decided that such a road in the interests of the inhabitants...
Sisir Kumar Mohanty Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-24-1969
Reported in: AIR1970Ori113
R.N. Misra, J.1. This is an application under Article 226 of the Constitution of India by a person who had been appointed as a clerk on 30-1-62 under the Orissa Khadi and Village Industries Board. Under Orissa Act 3 of 1956 (the Orissa Khadi and Village Industries Board Act, 1956) (hereinafter referred to as the Act) with effect from 15-6-56 the Orissa Khadi and Village Industries Board was constituted. It was dissolved on 12-3-68, and on the following day the Director of Industries was put in charge of the affairs of the said Board. The petitioner's service was terminated by a notice dated 1-5-68 with effect from 15-6-68. The petitioner challenges his termination of service and along with it questions the action of the State Government in dissolving the Board.2. Before discussing the points raised by Mr. Mohanty for the petitioner, it is necessary to make some reference to the provisions of the Act in order to appreciate his contentions. The relevant sections, with which the disposal ...
Digambar Panda Vs. Additional District Magistrate
Court: Orissa
Decided on: Sep-23-1969
Reported in: AIR1970Ori110
G.K. Misra, C.J.1. The petitioner had one S. B. M. L. gun with license. On 11-9-63 the Additional District Magistrate, Dhenkanal cancelled the license by passing the following order:'Discussed with the Sub-divisional Officer. The licensee Sri Digambar Panda is reported to be a rowdy element. He is reported to be threatening to kill some of his opponents with his gun. He has also been suspected in some arson cases and has been removed from the Naib Sarpanchship of Chandrasekharprasad Grama Punchayet on charge of misappropriation of (and?) forgery. S. P. has recommended cancellation of his license. It is undesirable to permit him to hold a gun in view of his anti-social activities.His license is therefore cancelled.' Against this order, M. A. No. 4 of 1965 was filed before the Revenue Divisional Commissioner who dismissed the appeal on 9-2-66. The substantive part of the appellate order runs thus:'I find that the order dated 11-9-63 of the Additional District Magistrate, Dhenkanal, is se...
Himarika Ramudu and anr. Vs. Kondagorri Buchhanna and anr.
Court: Orissa
Decided on: Sep-23-1969
Reported in: AIR1970Ori138
G.K. Misra, C.J.1. Petitioner No. 1 and opposite party No. 1 are members of Scheduled Tribe and petitioner No. 2 is a member of a non-Scheduled Tribe. On 5-3-64 opposite party No. 1 executed a registered usufructuary mortgage of the disputed land, 1.48 acres in area, for Rs. 400/- in favour of petitioner No. 1. On 20-11-66 opposite party No. 1 filed an application before the Sub-Collector of Rayagada, opposite party No. 2, complaining that petitioner No. 2 had taken the disputed land on mortgage for a paltry sum of paddy advanced by way of loan and prayed that the disputed land be released from mortgage after adjustment of the dues. No notice was issued on petitioner No. 1 who was not a party to the proceeding. Opposite party No. 2 held an enquiry under Section 3(2) of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 (Orissa Regulation No. 2 of 1956) (hereinafter referred to as the Regulation) and came to the conclusion that though appare...
Bhramarbar Santra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-19-1969
Reported in: AIR1970Ori141
G.K. Misra, C.J.1. The facts of the case may be stated in brief. In Tune 1966 an application was filed under Section 27 of the Orissa Hindu Religious Endowments Act 1951 (Orissa Act II of 1952) (hereinafter referred to as the Act), by 40 villagers alleging that the temple of Sri Lokenath Iswar Deb installed in village Bantala, in Nayagarh Sub-Division of the district of Puri, is a public temple, of which the petitioners in this writ application are the marfatdars. The maifatdars were treating the properties of the temple as their private properties. The nitis of the Deity were almost on the point of being stopped. The applicants prayed that non-hereditary trustees should be appointed for the management, of the temple. On 31-7-66 the petitioners were directed to submit accounts. On 4-8-66 the Inspector of Endowments was directed to furnish a report as to whether the endowment was public or private. On 6-9-66, the Inspector, after a local enquiry, reported that the temple was constructed...
Susila Dei and ors. Vs. Sridhar Rautray and ors.
Court: Orissa
Decided on: Sep-18-1969
Reported in: AIR1970Ori89
S.K. Ray, J. 1. Defendants 2 to 4 are the appellants. This appeal is directed against the reversing judgment of Sri S.N. Misra, 3rd Additional Subordinate Judge, Cuttack, dated 13-11-64, passed in Title Appeal No. 180/83 of 1963-64.2. Plaintiffs filed the suit for declaration of title in respect of the suit land purchased by them under a registered kabala dated 28-10-53 from late Durga Charan Das, father-in-law of defendant 2 and grandfather of defendants 3 and 4, and for recovery of possession, or in the alternative, for refund of consideration money of Rs. 200/-.3. The defendants raised various defences. They contend that the plaintiffs' vendor had, previous to the plaintiffs' sale-deed, sold the same to defen-dant-1. The sale-deed in favour of defendant-1 was executed on 14-10-53 and registered on 3-11-53. As title upon registration, is deemed to pass with effect from the date of execution of the sale-deed, defendant-1 must be held to have acquired title to the suit-property with ef...
Kanhu Charan Tripathi Vs. Laxmidhar Tripathy and ors.
Court: Orissa
Decided on: Sep-11-1969
Reported in: AIR1970Ori87
Ray, J.1. Both these appeals have been heard analogously as they arise out of the same judgment of the lower appellate court and the same original suit. Defendant-2 is the appellant in both these appeals.2. Plaintiff filed O. S. 21/61 in the court of Munsif at Anandapur for confirmation of title or possession or in the alternative for recovery of possession and for permanent injunction in respect of Ka and Kha Sch. properties. Plaintiff and defendants 1 to 10 are members of a joint family. Both the schedules Ka and Kha properties are admittedly joint family properties, but they are tenanted lands. Ka Sch, property was under the Sikimi tenancy of Budhia Dehury, father of defendant- 1 and Sch. Kha property was under the Sikimi tenancy of Chinta Behera, father of defendant-12. Both of them were Sikimi tenants under the joint family. These Sikimi tenants acquired occupancy rights by reason of their long possession in accordance with the tenancy law prevalent in Keonjhar State. Budhai sold ...
Sm. Parbatimoni Mohapatra Vs. Jagannath Dalai
Court: Orissa
Decided on: Sep-10-1969
Reported in: 1971CriLJ388
ORDERB.K. Patra, J. 1. This application in revision is directed against an appellate order of the Additional District Judge, Balasore upholding the order of the Subordinate Judge, Balasore dismissing an application under Section 476 Cr. P. C. filed by the petitioner to prosecute the opposite party for giving false evidence in T. S. No. 25 of 1962 in the Court of the Subordinate Judge.2. The petitioner Parbatimon Mohapatra and her sister Haramoni Mohanty filed T. S. No. 25 of 1962 in the Court of the Subordinate Judge, Balasore against the opposite party Jagannath Dalai claiming partition of certain lands on the ground that they are the sisters of the opposite party. The latter contested the suit on the allegation that the plaintiffs therein are not his sisters but are the daughters of his uncle. The Subordinate Judge however accepted the case of the petitioner and her sister that they are the sisters of the opposite party and granted a decree on 19-11-1963.3. On 22-3-1966, the petition...
Gopinath Das Vs. Alekh Sahu and ors.
Court: Orissa
Decided on: Sep-05-1969
Reported in: AIR1970Ori50; 1970CriLJ478
ORDERB.K. Patra, J.1. This application in revision is directed against an order of the Magistrate, First Class, Daspalla acquitting the opposite parties, thirteen in number, who were prosecuted on charges under Section 148/426 I. P. C. and five of whom, namely, Denei Sahu, Mahajan Naik, Kirtan Padhan, Mohan Naik and Udaya-Sahu also under Sections 326/324/323, I. P. C. The case against them is that at about 6 A. M. on 28-3-1965 they formed themselves into an unlawful assembly and being armed with Katis, Tangias, Farsa and Lathis restrained Lingaraj Das while he was proceeding on a cycle and dealt blows on him thereby causing simple and grievous hurt on his person. The opposite parties pleaded not guilty. Their case is that there are two factions in the village for the last about 12 years, Lingaraj Das (injured) and Arakhit Barik are leaders of one faction while petitioners Alekh Sahu and Danei Sahu are leaders of the other faction, and there was a number of cases between them. Sometime ...
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