Orissa Court December 1972 Judgments
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Dula Bewa and ors. Vs. Balunki Padhan
Court: Orissa
Decided on: Dec-22-1972
Reported in: AIR1973Ori180; 39(1973)CLT90
S.K. Ray, J. 1. This second appeal is by the defendants 1 to 3 from the reversing decision of the lower appellate Court and arises out of a suit filed by the plaintiff for declaration of title and for recovery of possession of the suit land which comprised of 3 decimals out of 16 decimals comprised in Sabaka plot No. 10 appertaining to Sabaka Khata No. 51 which respectively correspond to Hal Plot No, 8 in Hal. Khata No. 7 of Mouza Jatioatna.2. The case of the plaintiff is that the suit land originally belonged to one Duti Padhan. His widow for herself and as guardian of a minor son together with a major son sold the suit land to one Chaitan Roy under a sale deed dated 16-7-1940 (Ex. 9). The letter's son sold the same along with other disputed land to one Dhani Jena on 15-7-1957 (Ex. 6). This Dhani Jena sold the same to the plaintiff on 24-1-1961 (Ex. 51. Subseauent to this purchase a Proceeding under Section 145 Criminal P. C. commenced with regard to the suit land between the plaintif...
Rajkishore Modi Vs. State of Orissa
Court: Orissa
Decided on: Dec-22-1972
Reported in: 39(1973)CLT82; 1973CriLJ1738
ORDERS. Acharya, J.1. On a police charge-sheet the S. D. M., Cuttack in G. R. Case No. 586 of 1964 took cognizance of an offence under Section 409, IPC against the petitioner, and summoned him to stand Ms trial in this case. The case thereafter 'was transferred to the Court of Sri D. Dalai, Magistrate, First Class, Cuttack. On 7-12-1971 the petitioner filed a petition in the Court of Mr. Dalai, inter alia, contending therein that the petitioner, being a public servant, could not be prosecuted in this case in the absence of a sanction under Section 197, Criminal P. C, and the same having not been obtained the prosecution was bad in law and was liable to be quashed. On the aforesaid petition the Magistrate passed the impugned order as follows:Perused the case diary. In this case cognizance under Section 409 of the IPC has been taken by the learned S. D. M. on 27-6-1969 and the accused has been summoned to stand his trial.In the case diary, I find there is sufficient material to frame a c...
Dhoba Naik and ors. Vs. Sabi Dei
Court: Orissa
Decided on: Dec-20-1972
Reported in: AIR1973Ori182; 39(1973)CLT63
ORDERS.K. Ray, J. 1. The petitioners filed a suit (O. S. No. 122 of 1969) against the opposite party defendant for declaration of title confirmation of possession and permanent injunction. The opposite party having been served with a notice of the suit appeared and filed her written statement. By order dated 10-3-1971 the opposite party was set ex parte. The suit was adjourned for a number of times for ex parte hearing and ultimately it was taken up for ex parte hearing on 19-4-71. The judgment was ultimately delivered on 30-4-1971 after two adjournments by which the suit was decreed ex Parte. On 9-8-1971, the defendant opposite party filed an application under Order 9 Rule 13 C. P. C. to set aside the ex parte decree with a petition under Section 5 of the Limitation Act for condonation of delay in presenting this application for setting aside the ex parte decree. Thereupon Misc. case No. 32 of 1971 was registered. Notice of this application for setting aside the ex parte decree was se...
Land Acquisition Officer Vs. Smt. Hiranmayee Devi and anr.
Court: Orissa
Decided on: Dec-19-1972
Reported in: AIR1973Ori237
S.K. Ray, J.1. This appeal by the Land Acquisition Officer, Mayurbhanj, is from the award dated 22-12-1966 of the Subordinate Judge, Baripada, made in a Reference under Section 18 of the Land Acquisition Act for determination of the true compensation payable to the claimant-respondents.2. The Land Acquisition Officer acquired A. O. 56 decimals out of plot No. 3731, total extent of which is A. 3.31 and A. 1.17 decimals out of plot No. 3955 bearing the total area of A. 3.87, both belonging to the respondents for the construction of an approach road to the bridge over Barabalang river on Baripada Udala Road. The process of acquisition commenced by issuance of notification under Section 4 of the Land Acquisition Act on 12-6-1963. The amount of compensation awarded by the Land Acquisition Officer was Rs. 3726/- for the acquired lands. Subject matter of reference, however, was restricted to A. 1.08 comprising of A. O. 34 decimals out of plot No. 3731 and A. O. 74 decimals out of plot No. 395...
State of Orissa Vs. Rama Muduli
Court: Orissa
Decided on: Dec-19-1972
Reported in: 39(1973)CLT44
B.K. Patra, J.1. This is an appeal by the State against an order of the Sessions Judge, Koraput acauittins the respondent who was tried on a charge under Section 302, I. P. C- on the allegation that on the nisht of 14-4-1969 he committed the murder of his two brothers Donauru Muduli and Bineu Muduli.2. The accused and the deceased are residents of Mouza Tota Ambaguda within the Koraput Police Station. Long before the occurrence they had separated from one another and had divided their family lands. They were also living in three different houses. The two deceased brothers were living in two adioining houses on the southern row of the Sahi, while the house of the accused is situated in the northern row iust in front of the house of his deceased brother Donguru Muduli. In spite of the partition of the lands, the two deceased brothers were constantly quarrelling with the accused demading from the latter some more lands for them and in fact a dav or two before the occurrence, the accused g...
Duriyodhan Jena Vs. Dharamu Jena and ors.
Court: Orissa
Decided on: Dec-11-1972
Reported in: 1973CriLJ1577
ORDERS. Acharya, J.1. The unsuccessful first party member in a proceeding under Section 145, Criminal Procedure Code has filed this revision against the final order dated 11-10-71 passed by the Magistrate, First Class, Naya-garh.2. The first party's case in short is that he along with his sons and his brother, second party No. 6, were all along in possession of the disputed land till the date of its attachment They grew gram and vegetables on the said land, but as the second party members interfered with their possession the first party approached the Court and this proceeding was started. According to the first party, the second party members, excepting second party No. 6, were never in possession of the disputed land.3. Excepting second party No. 6, all the other members of the second party, asserted that the first party and his brother, second party No. 6, were in possession of only 4 annas share out of the southern portion of each of the disputed plots which fell to the share of th...
Sri Biharilal Shyamsundar Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Dec-08-1972
Reported in: AIR1973Ori142; 39(1973)CLT127
S.K. Ray, J.1. The petitioner is a registered dealer as defined in Orissa Sales Tax Act, 1947 (hereinafter referred to as the Act). He is engaged in business of purchase and sale of various goods including staple yarn both at Cuttack and Jatni in Puri District. He was assessed to sales tax in respect of 12 quarters (quarter ending 30-6-1959 to 31-3-1962) in respect of sale of staple yarn at the rate of 5 p. c. on the basis of entry No. 67 which subsequently became entry No. 68 in the notification No. 33927 dated 30-12-1967 as amended upto the date of assessment and demand notices were served on the petitioner on 25-2-1963. He admitted his liability to pay and paid sales tax at the rate of 2 p. c. but disputed the legality of the additional rate of 3 p. c. which is the subject-matter of the present writ.2. The aforesaid Government notification providing for imposition of tax at the rate of 5% on sale of staple yarn was challenged as ultra vires of Section 5 (1) of the Act by the petitio...
Badhu Majhi Vs. the State
Court: Orissa
Decided on: Dec-08-1972
Reported in: 39(1973)CLT94; 1973CriLJ1579
B.K. Patra, J.1. The appellant Badhu Majhi was tried along with three others on charges under Sections 302/34, 201/34 and 379/34, Indian Penal Code by the Sessions Judge, Baripada. The three others were acquitted of all the ttfTaifges and the appellant alone was found guilty under Sections 302/34 and 201/34, Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for his conviction under the former charge and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 100/-,and in default of payment of the fine to undergo rigorous imprinsoment for one month more for his conviction under the latter charge. The sentences were directed to run concurrently.2. The prosecution case in brief is this: The deceased Barsa Majhi had taken lease of a tank in village Tulasibani for purpose of fishery. His partners in the said business were all the villagers excepting Hari Majhi and his son Ratna (Accused No. 1), Pirthi Majhi (Accused No. 3) and Buka Majhi (Accused...
Shree Durga Glass Works Vs. Presiding Officer, Industrial Tribunal and ...
Court: Orissa
Decided on: Dec-05-1972
Reported in: 39(1973)CLT480; (1973)ILLJ467Ori
G.K. Misra, C.J.1. The petitioner is an establishment in the private sector engaged in the manufacture of glass tumblers, jars, battles, etc., at Barang. The workmen of the petitioner's establishment, represented through the Barang Shramik Sangh, a trade union registered under the Indian Trade Union Act, are opposite party No. 2. They raised an industrial dispute claiming profit-sharing bonus for the years 1965-66, 1966-67, 1967-68 and 1968-69. The said dispute not being settled between the parties was ultimately referred to the Industrial Tribunal (opposite party No. 1) by the Government of Orissa (opposite party No. 3) on 4-1-70. The dispute referred to the Tribunal for adjudication was in the following terms:Whether the employees of M/s. Shree Durga Glass Works, Barang, Cuttack, are entitled to profit-sharing bonus in accordance with the provisions of the Payment of Bonus Act, 1965 for the years 1965-66, 1966-67, 1967-68, and 1968-69; if so, what should be the quantum?The Industrial...
Debendranath Nandi Vs. Natha Bhuiyan
Court: Orissa
Decided on: Dec-01-1972
Reported in: AIR1973Ori240; 39(1973)CLT180
S. Acharya, J.1. The sole plaintiff has filed this second appeal against the reversing decision dated 9-7-1969 of the Subordinate Judge, Bal asore in Miscellaneous Appeal No. 120/6/9/3 of 1966/67/68(1).2. The plaintiff's case, in short, is that he purchased 8 decimals of land on 28-3-1959 appertaining to plot No. 327 of Holding No. 15 in village Natakhata from one Rameshwar Marwari of Balasore town as per a redstered sale deed, Ext. 1 dated 28-3-1959, and on a portion of the said land measuring 0.005 decimals he constructed a mud and thatched house. After the construction of the house the defendant was allowed to occupy the said house as a monthly tenant on a rental of Rs. 3/- per month. He paid rent to the plaintiff regularly till March, 1962, but thereafter as he defaulted in payment of the same, the plaintiff issued a notice, thro ugh his lawyer on January 16, 1964 (Ext. 2) for payment of rent and for vacating possession of the house. The defendant did not accept the same, as accord...
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