Orissa Court February 1972 Judgments
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K. Bhima Raju Vs. the State
Court: Orissa
Decided on: Feb-25-1972
Reported in: 38(1972)CLT396; 1972CriLJ1405
ORDERS. Acharya, J.1. The petitioner stands convicted for an offence under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 hereinafter to be referred to as the Act and has been sentenced thereunder to undergo Rule I. for six months and to pay a fine of Rs 1000/- in default to undergo R. I. for a further period of one month.2. The prosecution case, in short, is that on 11-2-72 P. W. 1, the Food Inspector visited the shop of the petitioner and purchased a sample of Pea Besan in accordance with the rules. The said sample was found by the Public Analyst to have contained slight traces of Khesari starch in it.3. The petitioner in his Section 342 statement stated that the shop from which the said sample of Pea Besan was purchased did not belong to him and that he did not sell any Pea Besan to P. W. 1.4. Mr. Dhal, the learned Counsel for the petitioner, contends that the prosecution has utterly failed to establish the most essential ingredient constituting the offence of whi...
Abhoya Charan Sahu Vs. the Commissioner of Endowments and ors.
Court: Orissa
Decided on: Feb-18-1972
Reported in: AIR1972Ori259
B.N. Misra, J.1. This application under Articles 226 and 227 of the Constitution of India asks for a writ of certiorari to quash the orders of the Commissioner of Endowments (opposite Party No. 1) dated 3-9-1970 and 12-9-1970 disposing of a proceeding under Section 28 of the Orissa Hindu Religious Endowments Act (II of 1952).2. The short facts necessary for the disposal of this petition may now be stated. There are two public deities Gopinath Dev and Radhakanta Dev located within the Pipili police station of the District of Puri. The Commissioner of Endowments settled a scheme under Section 42 of the Act on 9-6-1965 in O. P. No. 255 of 1958-59. The management of the affairs of the deities vested in a board of trustees consisting of three members. The petitioner, opposite party No, 3 and one Sri Ramesh Chandra Tripathy were appointed as the first members of the said board. Ramesh Chandra Tripathy resigned and the petitioner made an application under Section 28 of the Act before the Assi...
Budhia Mandal and ors. Vs. Raghu Mandal and ors.
Court: Orissa
Decided on: Feb-15-1972
Reported in: AIR1973Ori85
B.K. Patra, J. 1. This is an appeal bydefendants 1. 3 and 4 and arises out of a suit filed by the plaintiff (Respondent No. 1) for partition of the plaint A & B Schedule properties into three equal shares and for recovery of possession of one such share together with mesne profits from 1956. The following genealogical table will show the relationship between the parties. GANDUA MANDAL | -------------------------------------------------------------- | | | | | Budhia Mongulu Raghu Hadi Puni (D.1) =Jhata (D-6) (Plff.1) Khuntiani (not a deft.) | | | | 1 Domi (D.3) Kalu (died) (Dandia D.2) (Bhima etc. | (Adopted by D.1) =married Kami) Kami (daughter=Khalli (D-4) (D.7) married to Bhimi | ---------------------------------------- | | | | Bhaskar (D.5) Khalli Balaram A boy. 2. It is the plaintiff's ease that his father Gandua Mandal died long ago leaving behind him his widow, three sons, and two daughters. He also left behind him a residential house and about 8 acres of land besides cash and...
Balaram Agasti and ors. Vs. Ramesh Chandra Mohanty and ors.
Court: Orissa
Decided on: Feb-14-1972
Reported in: AIR1973Ori13
R.N. Misra, J. 1. These two appeals arise out of a common judgment delivered in two independent suits and, therefore, both the second appeals shall be disposed of by this common judgment. 2. The present appellants were defendants in Title Suit No. 231 of 1967 instituted on 3-11-1962. That suit was one for demarcation of properties and a decree for injunction restraning the defemdants from interfering with the property demareated to belong to the phintiffs. The plaintiffs claim-ed that by a decree given in this Court in Second Appeal No. 152 of 1951 as reviewed by Civil Review No. 1 of 1955 on 21-12-'57 they obtained 1.40 acres and the defendants got 33 decimals. There were various libations between the parties, and the defendants with a view to harassing the plaintiffs, interfered with the boundaries of the plaintiffs land and cut and removed the demarcating boundary on the east on 28-1-1962. The suit was, therefore, instituted for demarcation and permanent injunction. The defendants i...
Krushna Chandra Pani Vs. Bali Sahu
Court: Orissa
Decided on: Feb-14-1972
Reported in: AIR1972Ori231; 38(1972)CLT313
R.N. Misra, J. 1. This appeal by the plaintiff is directed against the concurrent decision of the learned Additional Subordinate Judge, Puri. The plaintiff had sued for title and possession in respect of a house standing on the disputed property and had claimed for recovery of arrears of house rent and damages all amounting to Rs. 96-25. Originally the plaintiff sued for recovery of arrears of rent only and had filed the suit in the S. C. C. Court. The defendant denied the plaintiff's title. Therefore, the plaint in the S.C.C. suit was returned and a comprehensive suit for title was instituted with a claim for the aforesaid reliefs.2. The plaintiff alleged that the disputed property which is 9 decimals was purchased by his mother and his parents were in possession of the property. After them he has succeeded to it. The defendant as a tenant is residing on plot No. 111 under Ananda Pani, As that accommodation was insufficient he asked the plaintiff to let out the house standing on the d...
Sobhanapuram Mohan Rao and ors. Vs. Trinath Biswalo and ors.
Court: Orissa
Decided on: Feb-14-1972
Reported in: AIR1972Ori271; 38(1972)CLT285
G.K. Misra, C.J.1. The petitioners filed an application under Section 1(5 (1) (c) of the Orissa Land Reforms Act (hereinafter to be referred to as the Act) for eviction of opposite parties 1 to 7 who are admittedly tenants under the petitioners. This application was dismissed for default on 2-12-1968 by the order of the Revenue Officer (Annexure 1). The petitioners filed an appeal before the S. D. O., Parlakhemedi, under Section 58 of the Act; the appeal was allowed and the case was remanded to the Revenue Officer for disposal on merits. Against the appellate order opposite parties 1 to 7 filed a revision application under Section 59 (1) of the Act The A. D. M. (Executive), Ganjam held that an appeal against the order of the Revenue Officer did not lie under Section 58 and so also a revision was not maintainable under Section 59. In the penultimate paragraph of his judgment he, however, examined the merits of the case and came to the conclusion that the order of dismissal passed by the...
Sadhu Bag Vs. the State
Court: Orissa
Decided on: Feb-14-1972
Reported in: 38(1972)CLT294; 1972CriLJ1113
S. Acharya, J.1. The appellant stands convicted under Section 302, I. P.C. for having murdered one Beni Ganda with axe and has been sentenced thereunder to undergo R. I. for life.2. The prosecution case, in short, is that Tiari Gandani. P. W. 12, and her husband P. W, 14, along with some others, had gone to the house of P. W. 12's father at Lesunbahal in connection with some marriage negotiation. In the morning of 2-3-1966 they, along with the deceased and P. Ws. 11, 15 and 16, were returning from Lesunbahal. After they had crossed village Ghodar and when P. W. 12 and the deceased were iust approaching the Nektimunda Nala. P. W. 12 saw that from the left side of the road two persons, one of whom held an axe and the other a knife, came running, and each of them picked up a stone from the road side and scolded her father deceased Beni Ganda in filthy language and were about to throw stones at him. Her father was receding back while appealing to those persons not to assault him. At that t...
Kasinath Sahu Vs. Jagamohan Nandi
Court: Orissa
Decided on: Feb-07-1972
Reported in: AIR1973Ori56
R.N. Misra, J. 1. This appeal is by the defendant against the reversing decree of the learned Additional District Judge of Cuttack. The plaintiff sued the defendant for damages of Rs. 2,000/- for malicious prosecution. It was alleged that the plaintiffs wife was the owner of a touring cinema named Pragati Cinema. One Basudeb Das was the manager. In 1956 shows were being given at Banki. During that period Basudeb made purchases of daily necessaries from the defendant who was a grocer at Banki. He also made loans of rupees twelve hundred under two different promissory notes of rupees six hundred each from the defendant by pledging some cinema implements. In due course it was planned that the Cinema would shift to Athgarh. At that time Basudeb approached the defendant for release of me cinema implements and promised that payment would be sent from Athgarh. But the defendant did not agree to do so until he was paid off. The plaintiff stepped in and gave a letter to the defendant on 20th of...
Managing Director, Utkal Distributors Private Ltd. Vs. V.S. Sarma
Court: Orissa
Decided on: Feb-07-1972
Reported in: (1972)IILLJ367Ori
ORDERG.K. Misra, C.J.1. The opposite party serves as an accountant under the petitioner and his monthly salary is Rs. 600. As his arrear salary was not paid he filed an application (Annexure 1) before the Sub-divisional Magistrate Sadar, Cuttack, under Section 15(2) of the Payment of Wages Act, 1936 (hereinafter to be referred to as the 1936 Act), claiming arrears of pay and leave salary amounting to Rs. 7,815. He prayed for payment of his delayed wages and also refund of amounts illegally collected from him. Along with the application (Annexure 1) he filed another petition (Annexure 2) under Order 38, Rule 5, C.P.C. for attachment of certain fixed deposit standing to the credit of the petitioner's company. Initially, the Sub-divisional Magistrate granted an ex parte order of attachment. On receipt of notice the petitioner raised objection but the order of attachment was confirmed with certain modifications. This writ application has been filed under Articles 226 and 227 of the Constit...
Bancha Bhol and ors. Vs. Saria Bewa and ors.
Court: Orissa
Decided on: Feb-02-1972
Reported in: AIR1973Ori18
S.K. Ray, J. 1. This appeal is by the defendants from the confirming decision of Sri R. C. Jena, Subordinate Judge, Nayagarh, dated 7-11-69, passed in Title Appeal Nos. 36/28 of 1968, decreeing the plaintiff's suit. 2. There were two brothers, Hats and Nata. Plaintiff 1 is the widow of Nata who died on 18-6-64. Plaintiff 2 is his daughter. Defendants 1, 2 and 3 are the sons of Hata, and defendant 4 is the minor son of defendant 2, In a partition between these two brothers, the properties described in Schedules Ka and Kha of the plaint, the total extent of which is 2.50 acres, fell to the share of Nata. There was a maintenance proceeding under Section 488, Cr. P. C. by plaintiff 1 against her husband, Nata, in which the claim for maintenance was allowed. To satisfy the order for maintenance, Nata transferred Kha Schedule properties to his wife, plaintiff 1, and put her in possession on 17-10-47, and since then plaintiff' 1 is in possession, and by virtue of the Hindu Succession Act, 195...
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