Orissa Court March 1972 Judgments
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Sarat Chandra Mohanty Vs. Chandramani Bowa
Court: Orissa
Decided on: Mar-14-1972
Reported in: AIR1972Ori222; 38(1972)CLT445
R.N. Misra, J.1. The plaintiff is in appeal against the affirming decision of the learned Addl. Subordinate Judge, Sambalpur, in a suit for declaration of title, confirmation of possession and permanent injunction. The disputed property happens to be 10 decimals of homestead land appertaining to plot No. 444 under Khata No. 109 of village Kuchinda.2. Admittedly the property belonged to one Narayan. Laxmidhar is said to have died without issues. The plaintiff happens to be Madhusudan's son. Narayan had a son. It is alleged that the son pre-deceased Narayan and thereafter Narayan died. According to the plaintiff the three brothers were joint and as Narayan and his son died the entire property came to the plaintiff by survivorship. The plaintiff applied for mutation. One Daitari Mohanty objected and subsequently managed to carve out the disputed portion of the property into a separate plot in his name. Daitari is said to have died leaving no heirs in 1964. The defendant claiming to be his...
Smt. Peelamedu Rajeswary Ramkrishna and ors. Vs. B.N. Misra
Court: Orissa
Decided on: Mar-13-1972
Reported in: 38(1972)CLT422
R.N. Misra, J. 1. This is an application under Section 561-A of the Criminal Procedure Code to quash the prosecution against the petitioners, the first ten of whom are the members of the board of directors of the Jeypore Sugar Company Limited with its registered office at Rayagada in the district of Koraput. The petitioner No. 11 is the manager of the company and the last petitioner is the chemist employed by the company. The opposite party who happened to be the Civil Supplies Officer at Jeypore sent a prosecution report on October 21, 1971, to the Sub-divisional Magistrate at Rayagada alleging contravention of clauses 3 and 5 of the Sugar (Control) Order, 1966, and Clause 4(1) of the Sugar (Packing and Marking) Order, 1970, punishable under Section 7 of the Essential Commodities Act of 1955. On the basis of such prosecution report, the learned Magistrate has taken cognizance of the alleged offences.2. It is contended that the prosecution as against the petitioners is not sustainable ...
Dhruba Bhoi and ors. Vs. Brundabati Bhoiani and ors.
Court: Orissa
Decided on: Mar-10-1972
Reported in: AIR1973Ori55; 38(1972)CLT400
R.N. Misra, J. 1. The defendants are in appeal against the affirming decision of the learned Subordinate Judge Bolangir. The plaintiffs sued for title and possession on the footing that the defendants, a set of trespassers came upon the property and forcibly interfered with the possession of the plaintiffs. The suit was decreed on 2-4-1962. The defendants thereupon appealed. The title appeal was allowed on 29-3-1963. The plaintiffs came to this Court in Second Appeal 264 of 1963 which was remanded to the lower appellate Court for fresh disposal in accordance with law by decision dated 8-5-1964. After the matter went back on remand it was contended in the lower appellate Court that the 6th defendant had died in 1965 and in view of the nature of the claim, in the absence of substitution not only the appeal abated against defendant No. 6 but it affected the entire appeal by abatement. Before the lower appellate Court the defendants contended that the death of defendant No. 6 had taken pla...
Paili Narayan Rao Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-07-1972
Reported in: AIR1973Ori54
R.N. Misra, J. 1. The petitioner has asked for a writ or certiorari for quashing an award made against him under the Orissa Co-operative Societies Act (11 of 1952) as affirmed by the appellate and revisional authorities.2. On 2-7-58, it was alleged by the Garbandha Co-operative Society, that the petitioner took a loan of Rs. 1,500/-. The opposite party No. 2 and one Appanna Das not impleaded in this proceeding stood as sureties. It appears that Appanna Das was the then President of the society. On 10-9-60, the society filed a dispute before the Assistant Registrar of Co-operative Societies for realisation of the money with interest in all Rs. 1892.38 and the said dispute was registered as Dispute Case No. 334 of 1960.61. The petitioner who was the defendant No. 1 in the dispute appeared and admitted his signature in the loan application, hut denied to have received the loan. He also disputed his signature against the relevant entry in the cash book which was relied upon by the plaintif...
Ganeshchandra Banerjee Vs. Janardan Thakur and anr.
Court: Orissa
Decided on: Mar-07-1972
Reported in: AIR1972Ori257
G.K. Misra, C.J.1. The petitioner is a tenant under opposite party-1 since 1940 in respect of a house in Balasore town on a monthly rent of Rs. 7-50. Petitioner's case is that from 1958 the tenancy was by agreement converted into an annual one and the petitioner used to pay Rs. 90-00 at the end of the year and obtained receipt. He alleges that on 12-2-1967 he paid Rupees 100-00 to the mother of opposite party No. 1 -- Rs. 90-00 towards the rent for the year 1965 and Rs. 10-00 towards the rent for the 1966. On 14-8-1967 the petitioner remitted Rs. 80-00 towards rent for 1966 which was refused by opposite party No. 1. On 4-10-1967 opposite party No. 1 filed the petition for eviction under Section 7 (1) and (4) of the Orissa House Rent Control Act, 1967 (hereinafter to be referred to as the Act), on the grounds that the tenant was in arrears of rent and the landlord required the house in good faith for his own occupation. The landlord's application for eviction was dismissed by the House ...
S.L. Gupta and Sons Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-07-1972
Reported in: 38(1972)CLT468; [1973]31STC239(Orissa)
R.N. Misra, J.1. This is an application under Articles 226 and 227 of the Constitution asking for a declaration that Section 13-A of the Orissa Sales Tax Act (hereinafter referred to as the Act) is ultra vires the Constitution of India and for quashing of the notices issued under that section, copies whereof are annexures 7 and 12 to the writ petition.2. The short facts necessary for disposal of this writ application may now be stated. Shri S. L. Gupta happens to be the proprietor of the petitioner firm. It carries on business at Balasore and is registered as a dealer under the Act having been assigned Registration No. BA 2262. The petitioner was assessed to sales tax for the years 1968-69 and 1969-70. Additional tax demands of Rs. 3,075.48 were raised for these two years. The petitioner challenged the additional demand by filing of appeals before the Assistant Commissioner of Sales Tax. As it now appears, the appeals were dismissed and second appeals have been filed before the Tribuna...
Orissa Ceramic Industries Ltd. Vs. General Secretary, Orissa Ceramic W ...
Court: Orissa
Decided on: Mar-07-1972
Reported in: (1972)IILLJ443Ori
G.K. Misra, C.J.1. On 28-4-67 a reference was made by the Government of Orissa, Labour, Employment and Housing Department by an order (Annexure 1) under Section 10(1)(d) of the Industrial Disputes Act, 1947 (Act 14 of 1947) (hereinafter to be referred to as the Act) to the Industrial Tribunal for 'adjudication of certain dispute arising between the petitioner-company and the Orissa Ceramic Workers' Union represented by opposite party No. 1. The dispute as referred to in the Schedule to Annexure 1 runs thus:Whether the suspension of four workmen, namely, Sarbashri Gajapati Sura, Janakar Joha, Bideshi Kumbhar and Iswar Deheria by the management of the Orissa Ceramic Industries Ltd., Jharsuguda, from 24-9-66 to 17-10-66 is legal and justified If not, what relief the workmen are entitled?2. On 13-9-67 the petitioner submitted its statement of the case (Annexure II). Opposite party No. 1 submitted his statement of the case (Annexure III) on 18-10-67. On 30th of January, 1968, a list of docu...
Pramila Dei Vs. Secretary, Board of Secondary Education
Court: Orissa
Decided on: Mar-06-1972
Reported in: AIR1972Ori224; 38(1972)CLT1101; (1972)IILLJ432Ori
G.K. Misra, C.J. 1. The petitioner appeared in the Matriculation Examination at the Banki Bidapitha Centre, Banki, held by the Secretary, Board of Secondary Education (opposite party) on 16th to 20th of March, 1971. On 17-5-1971 the opposite party addressed the letter (Annexure 1) to the petitioner. For appreciation of the points in issue the entire letter is extracted hereunder:--'BOARD OF SECONDARY EDUCATION,ORISSA, CUTTACK-1No. Exam. (C)-1822/Dt. 17-5-71H.S./71. From Shri P.C. Roy, M.A. (Com)Secretary, Board of SecondaryEducation, Orissa, Cuttack-1 To Smt. Pramila Dei, Roll No. M. 7619Daughter of Antaryami Rout,VIII./P. O. Banki District -- Cuttack.It has been reported by the Centre Superintendent of B.K. Bidyapitha, Banki Centre, that you have adopted unfair means at the Annual High School Certificate Examination, 1971 in respect of Sanskrit -- I paper on 17-3-1971. In this connection, I am directed to say that the following charges have been made against you. (1) While the Annua...
Ananda Prakash Dey and ors. Vs. Lokendranath Maulik
Court: Orissa
Decided on: Mar-03-1972
Reported in: AIR1972Ori269; 38(1972)CLT402
ORDERB.K. Patra, J.1. This is a revision application by the plaintiffs against an appellate order of the Subordinate Judge. Baripada. One Kanakabala was the admitted owner of the disputed house. She had three sons Braja Gopal, Gosta Gopal and Nital Gopal. Braja Gopal died in 1965 and his widow is Manibala (plaintiff No. 3). Manibala's sons and daughters are plaintiffs 1. 2 and 4 to 8. Gosta Gopal is plaintiff No. 9, Nitai Copal's wife was Ashalata and her two daughters are Sobha and Krishna. Braia Gopal died in the year 1965, Nitia in 1953 and Ashalata in 1962. The disputed house was let out to the defendant on a monthly rent ofRs. 30/- by Gosta Gopal and Ashalata. The registered deed of lease is Ext. B. The plaintiffs filed M. S. No. 27 of 1967 against the defendant for recovery of arrears of rent alleged to be due from him from January 1965 to May 1967.2. The defendant pleaded that as Gosta Gopal and Ashalata had jointly let out the disputed house to him, he was paying rent to them j...
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