Court : Orissa
Reported in : (1971)ILLJ65Ori
R.N. Misra, J.1. This is an application under Article 226 of the Constitution of India by a driver of the State Transport Service.2. Various contentions were taken in the Writ Petition. But during the hearing of the application, Mr. Nanda, learned counsel for the petitioner, confined his submissions to only one point which is to the following effect. According to him, the State Transport Service which is wholly owned by the State of Orissa, opposite party No. 1 is an industrial undertaking. The petitioner who joined service as a driver on 1-12-58 and has been continuing as such is a 'workman' as defined in the Note to Rule 71 (a) of the Orissa Service Code. It is not disputed that the definition itself is a statutory one being a part of the rules framed under Article 309 of the Constitution by the Governor of Orissa. The further submission of Mr. Nanda is that the Petitioner would ordinarily be retained in service upto the age of 60 years and is liable to be retired at any time after h...
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ961
ORDERS. Acharya, J.1. This revision is by the unsuccessful second party in a proceeding under Section 145, Cr. P. C.2. The dispute is in respect of 3-04 acres bearing plot No. 183 appertaining to khata No. 143 of village Umiri locally known as Ganda Bhumi alias Gobhar Bhumi, and the said land stands recorded as Ganda service in favour of Sonia Barik,. late father of Dayanidhi Gonda who was the first party in the trial court and the opposite party in this revision. The proceeding was initiated by PayanidhiGanda on the allegation that he was in peaceful possession of the above mentioned land and had grown the crop on the land, but the petitioner, second party in the trial court, was trying to disturb his possession by alleging that he got settlement of the land on 23-10-66. The petitioner alleged in his written statement that he was possessing the land as mortgagee from 1959 till 1965 and thereafter the Tahsildar Jeypore, assigned the said land in his favour on 21-10-65 in M. C. No. 102/...
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ959
ORDERS. Acharya, J.1. This revision is against the appellate judgment of the Sessions Judge, Balasore, maintaining the conviction and sentence of the petitioners under Section 143, I.P.C., while setting aside their conviction under Section 379, I.P.C, and the sentence passed thereunder.2. Fourteen accused persons Including the petitioners were prosecuted for charges under Sections 143 and 379, I.P.C. on the allegation that these fourteen persons entered into the plot of land, settled with P.W. 1, the Ex-Choukidar, by breaking open the fence, and destroyed therein his hut and the vegetable plants, and carried away therefrom vegetables worth Rs. 100. Those fourteen persons were convicted in the trial court for both the above mentioned offences. The appellate court acquitted all of them of the charge under Section 379, I.P.C. on the finding that there was no clear evidence against them regarding their actually carrying away vegetables from the place of occurrence. The court below while fi...
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