Orissa Court March 1972 Judgments
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State of Orissa Vs. Workmen of Hirakud Dam Project and anr.
Court: Orissa
Decided on: Mar-31-1972
Reported in: AIR1972Ori216; (1972)IILLJ526Ori
G.K. Misra, C.J.1. It is unnecessary to refer to the facts in detail. The following three points were referred to the Industrial Tribunal for adjudication under Sections 10(1) and 12(5) of the Industrial Disputes Act. 1947. 1. Whether the retrenchment of the workmen by the authorities of the Hirakud Dam Project effected in pursuance of the decision taken by the Control Board, Hirakud Dam Project on the 19th December 1962, is valid and legal? If not what relief the workmen are entitled to? 2. Whether the workers who are proposed to be retrenched in pursuance of the decision of the Control Board. Hirakud Dam Project and are still continuing in employment are entitled to their original conditions of service? 3. Whether the workmen, who have completed three years of service or more should be confirmed in their respective posts? The Tribunal decided the first two points in favour of the workmen but decided the third point in favour of the State of Orissa. The State of Orissa (petitioner) ...
Dharnidhar Sahu and ors. Vs. Mani Nahak and ors.
Court: Orissa
Decided on: Mar-31-1972
Reported in: 1973CriLJ120
ORDERR.N. Mishra, J.1. The members of the second party in a proceeding under Section 145. Cr.P.C. are the petitioners. The disputed property is said to be about 7 acres which was once upon a time a river bed. The lands are situated in the ex. State area of Keonjhar The learned Magistrate passed the following order on 18.9.70:Seen the report of the Officer. Incharge, Anandapur Police Station submitted in his non. F.I.R. No 58/70 Issue notice to both the parties to appear in my court on 19.10.70 at 10.30 A.M. to prove their possession over the disputed lands.Pursuant to such an order notices in the form prescribed In the Code of Criminal Procedure were Issued purporting to be under Section 145 Cr.P.C. Sub-section (1) of Section 145 Cr.P.C. provides,Whenever... a Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of h...
Bhopalnath Sahu Vs. State
Court: Orissa
Decided on: Mar-30-1972
Reported in: 1973CriLJ135
ORDERR.N. Mishra, J.1. The petitioner has been convicted tinder Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act. He was sentenced to six month's rigorous Imprisonment and a fine of Rs. 1,000/- in default rigorous imprisonment for three months by the learned Addl. District Magistrate (Judicial), Cuttack. The sentence was varied in appeal by the learned Additional Sessions Judge and while maintaining the sentence of fine, he vacated the sentence of Imprisonment.2. The petitioner is the owner of Jaleswar restaurant located within the town of Cuttack. At about noon on 19.1.1966. the Food Inspector found within the shop some sweets - an article of food-for human consumption stored for sale. The Food Inspector purchased 1,500 grams of the said sweets on payment of money, divided the said sweets into three equal parts and packed them in three bottles. The bottles were sealed in the presence of witnesses as also the vendor and one of them was sent for analysi...
Sitaram Singhania Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-29-1972
Reported in: AIR1972Ori217
R.N. Misra, J.1. This application under Articles 226 & 227 of the Constitutionof India asks for a writ of certiorari to quash the order made by opposite party No. 4, the referee under Regulation 37 (2) of the Orissa State Financial Corporation, General Regulations in an election dispute.2. The material facts may be given in brief. The Orissa State Financial Corporation (opposite party No. 2) has been established under the State Financial Corporation Act (63 of 19511 (hereinafter referred to as the Act). Section 4(3) of the Act provides that the shares of the Corporation are to be distributed among;(a) the State Government; (b) the Reserve Bank; (c) Scheduled banks. Insurance Companies; investment trusts, co-operative banks or other financial institutions; and (d) parties other than those referred to in clauses (a), (b) and (c) as the State Government with the approval of the Central Government would direct. The petitioner who is an individual and opposite party No. 5 which is a compan...
Krushna Chandra Ojha Vs. State
Court: Orissa
Decided on: Mar-29-1972
Reported in: 1972CriLJ1404
ORDERR.N. Misra, J.1. The petitioner, driver of a Plymouth car, has been convicted under Sections 279/304A, I. P.C. and sentenced to R. I. for three months and to pay a fine of Rs. 500/- or in default suffer Rule I. for 1 1/2 months more. The learned Magistrate further directed that if fine be realised the entire amount be paid under Section 545 Cr. P.C. to the legal representatives of the deceased. The appeal has been dismissed.2. The prosecution case in brief is that at about 5.30 p.m. on 19-11-1966 the petitioner was driving a Plymouth car bearing registration No. ORJ. 766 on the road from Bhubaneswar to Puri. At a place of about 10 miles before Puri the vehicle is said to have dashed against a pedestrian named Budhi Jena who died at the spot. The matter was reported to the police on the same day and after due investigation the petitioner was charge-sheeted. The plea of the accused was that the vehicle was not running rashly and the deceased came and dashed against the vehicle and s...
Patta Mohapatrani and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-28-1972
Reported in: AIR1972Ori248
R.N. Misra, J.1. The plaintiffs are in appeal against the reversing decision of the learned Additional District Judge of Berhampur. They had sued for their title and possession of the property which is 19.37 acres shown in the schedule of the plaint. The learned Trial Judge gave them a decree while the lower appellate court dismissed their suit by reversing the decision of the trial court.2. When this Second Appeal was placed before our learned brother Patra, J., he by order dated 23-9-1971 directed the case to be heard by a Division Bench.3. According to the case stated in the plaint there are three revenue villages known as Kahakapur, Kaitha Binayakapalli and Khandadevuli. All these were initially one village known as Kahakapur which formed a part of the Biridi estate. The zamindar of Biridi by a zeraiti patta dated 1871 leased out the entire village of Kahakapur to one Balabhadra Tripathy, By then all the lands inthe village were covered by forest, jungle and bushes. The lease envis...
State of Orissa and anr. Vs. Modern Construction Co.
Court: Orissa
Decided on: Mar-27-1972
Reported in: AIR1972Ori219; 37(1971)CLT490
ORDERR.N. Misra, J.1. These are six applications under Section 115, Civil P. C. at the instance of the State of Orissa and one of its employee engineers for removal of an appointed arbitrator by quashing the order of the learned trial Judge.2. The short facts relevant for the purposes of the revisions may be stated. The State Government of Orissa and the opposite party entered into contracts for execution of works. Such contracts had an arbitration Clause in the event of disputes arising in relation to the contracts. Disputes arose and the opposite party contractor wanted an arbitrator to be appointed for resolving such disputes. As no steps were taken in spite of demands of the contractor, the matter ultimately came before the court and the learned Subordinate Judge appointed Sri N.K. Misra, a retired Superintending Engineer, as the sole arbitrator. The State came before this court challenging such appointment mainly on the ground that Sri Misra was a retired employee of the State and...
Ratnakar Naik and ors. Vs. Kedarnath Mohapatra and ors.
Court: Orissa
Decided on: Mar-22-1972
Reported in: AIR1972Ori252; 38(1972)CLT459
B.K. Patra, J.1. This is an appeal by defendants 1 to 5 against a reversing judgment of the First Additional Subordinate Judge, Cuttack. The dispute relates to 0.27 acre of land covered by plot No. 2532 appertaining to Nijjot Khata No. 821 in village Sisthol and covered by Touzi No. 5605. One Susila Bewa was one of the co-proprietors of the touzi having a four annas share therein, As a co-sharer proprietor, she was in possession of plot No. 2532. Susila's predecessor had mortgaged this plot of land to the plaintiff No. 1. It is the case of the plaintiffs that in satisfaction of the mortgage dues. Susila permanently leased out the land orally to plaintiff No. 1 on the first day of the agricultural year of 1936 (13-4-1936). Subsequently, on 17-8-1936, Bimibadhar who is the brother of Susila and her power-of-attorney holder executed an unregistered deed of lease in favour of plaintiff No. 1. Plaintiff No. 2 is the son of plaintiff No. 1. On 1-5-1954, the touzi was abolished under the prov...
Raja Sarif Vs. Hazi Sayed Musaraf Ali Chisti Bukhari and ors.
Court: Orissa
Decided on: Mar-20-1972
Reported in: AIR1973Ori50
B.K. Patra, J.1. This is an appeal by the plaintiff whose suit for partition and recovery of possession of an eight annas share in the disputed house was dismissed by the Fourth Additional Subordinate Judge, Cuttack.2. The case of the plaintiff-appellant is that the disputed house was the self-acquired property of his father Dadamohammad Yaqub who died leaving behind him his two sons Md. Yusuf Sarif (deft. No. 1) and Md. Rajak Sarif (plaintiff). It is alleged that in the year 1958, defendant No. 2 wag inducted into the suit house as a monthly tenant but the latter in collusion with defendant No. 1 began to lay a claim to the entire house on the strength of a will said to have been executed in his favour by defendant No. 1. On several occasions, the plaintiff called upon his brother defendant No. 1 to partition the disputed house but as he did not pay any heed to the request, the plaintiff was obliged to bring the suit claiming the reliefs above-mentioned.3. The suit proceeded ex parte ...
Madhabananda Ray and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-17-1972
Reported in: AIR1972Ori255
R.N. Misra, J.1. The petitioner No. 1 is the proprietor of the Cuttack Roadways while the remaining nine petitioners happen to be the managers of the different public carrier concerns. All of them have come before this Court in this application under Article 226 of the Constitution challenging the vires of Section 74 of the Motor Vehicles Act and the notification issued by the District Magistrate, opposite party No. 2, in purported exercise of powers vested in him under Rule 177 of the Orissa Motor Vehicles Rules, 1940. The impugned notification dated 31-12-1971 is to the following effect:--'No. 6019:-- I. Shri P. M. Samantaray, I. A. S., District Magistrate, Cuttack, by virtue of powers conferred on me under Section 74 of the Motor Vehicles Act, 1939, read with Rule 177 of the Orissa Motor Vehicles Rules, 1940, do hereby make the following order which shall be operative with effect from the 1st February 1972 in the interest of public safety and convenience and in view of the nature of...
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