Orissa Court July 1972 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Domi Bewa and ors. Vs. Jogi Das and ors.
Court: Orissa
Decided on: Jul-26-1972
Reported in: AIR1973Ori154
S.K. Ray, Ag. C.J.1. This appeal is by the plaintiffs. It arises out of a suit for partition in which the plaintiffs claimed -/8/- interest in 'Kha' schedule properties, and -/5/4 pies in 'Ga' and 'Gha' schedule properties. The trial Court dismissed the suit for partition except with regard to lot No. 8 of 'Ga' schedule properties in which plaintiffs were allotted -/8/- share.2. The plaintiffs set out a genealogy in their plaint to indicate the relationship between the defendants and themselves. That genealogy is as follows: Genealogy Bhagabat Das (d) | ------------------------------- | | Kanhat (d) Bidyadhar | | Jogi Das (D.1) ------------------- | | Banambar (d) Subasi (d) | =Banchha Sahu Akruna (d) | =Damel (P 1) Dharmu (D.2). | =Saraswati (D.6) ---------------------------------------- | | | | | | Sankar (P.2) Chakar (P.3) kartick (P.4) Mana (p.5) | | ------------------------------------------- | | | Jagannath (D.3) laxidhar (D.4) Bansidhar(D.5) (adopted by D.2) According to their c...
Trinath Parida Vs. Sobha Bholaini and anr.
Court: Orissa
Decided on: Jul-25-1972
Reported in: AIR1973Ori37
Patra, J.1. The defendant is the appellant. The suit was filed for the issue of a permanent injunction restraining the defendant from entering on the disputed land measuring 0.70 acre and for recovery of possession thereof if it was found that the defendant had clearly trespassed on the same. One Bina Bhol had two daughters, namely. Sundari and Kumari (plaintiff No. 2). Sundari died about six years back fin about 1958) leaving behind her husband Trinath the defendant and a daughter by name Basanti. Bina Bhol died in 1962 and plaintiff No. 1 Sobha is Ms widow.2. It is the plaintiffs case that on 12-7-1950, Bina Bhol purchased the disputed land benami in the name of his daughter Sundari. In spite of such purchase, however. Bina remained in possession thereof in his own right till his death. After Bina's death, the property was enjoyed by his widow and the surviving daughter Kumari plaintiff No. 2. After Bina's death, plaintiff No. 1 executed a deed of gift in respect of the same in favou...
Khageswar Satapathy Vs. Govinda Chandra Nayak and ors.
Court: Orissa
Decided on: Jul-21-1972
Reported in: 38(1972)CLT955; 1973CriLJ739
S. Acharya, J.1. This is an appeal under Section 417, Criminal P.C. against the judgment of acquittal passed by a Magistrate. First Class at Balasore in I.P.C. No. 87 of 1967.The accused persons - respondents herein, stood their trial of charges under Sections 504 and 323, I.P.C.2. The prosecution case, in brief, is that on the date of occurrence (16.3.1967) the accused persons entered into the house of the complainant and abused him in filthy language, and accused Gadadhar Mahalik dragged the complainant out of his house and then accused Gobinda Chandra Nayak assaulted him with a stick. The complainant somehow freed himself from the clutches of the above-named accused persons and sot inside the neighbouring house of the Sales Tax Officer. The accused persons followed the complainant, to that house. and as the Sales Tax Officer asked all of them to go out of this house, accused Ramchandra Rout dragged the complainant out of the said house and accused Gadadhar Mahallik assaulted the com...
Dayalal N. Joshi Vs. State Transport Authority and ors.
Court: Orissa
Decided on: Jul-20-1972
Reported in: AIR1973Ori39
R.N. Misra, J.1. The petitioner and opposite party No. 3 are stage carriage operators. The petitioner has been operating a stage carriage on the route Bargarh to Rampur with extension to Pinka. This permit was granted by the Regional Transport Authority of Sambalpur in 1960 and was duly, countersignedby the Transport Authority of Bolangir. In 1967, the State Transport Service came to operate a second bus on this route, but sometime after withdrew the service. As there was need for a second bus to cater to the travelling public on this route and no other operator was forthcoming, the petitioner was allowed to operate a second bus on this route from August 1969. The Regional Transport Authority while granting the permit imposed a condition that the permit would be alive until the State Transport Authority issues a permit for a second bus. The State Transport Authority opposite party No. 1 in due course invited applications (from intending pliers for this route. The petitioner, opposite p...
Harichand Sharma Vs. Regional Transport Authority and ors.
Court: Orissa
Decided on: Jul-20-1972
Reported in: AIR1973Ori107; 38(1972)CLT1022
R.N. Misra, J.1. This is an application under Articles 226 and 227 of the Constitution of India asking for quashing of the appellate order passed under Section 64 of the Motor Vehicles Act. 1939 (hereinafter referred to as the Act) by the opposite party No. 3.2. The petitioner is the grantee of a permanent stage carriage permit from the State Transport Authority on the Bargarh to Rampur via Barpali route. The two destinations are admittedly situate in two different places --Bargarh being in the district of Sambalpur and Rampur within the district of Bolangir. The opposite party No. 2 obtained a stage carriage permit on the route Baragarh to Rampur via Sikirda from the Regional Transport Authority of Sambalpur. This permit was extended upto Binka and was valid upto 26-12-1971. The opposite party No. 2 made an applicantion for renewal of the permit before the Regional Transport Authority, Sambalpur (opposite party No. 1) as provided for under Section 58 of the Act. This application was m...
State of Orissa Vs. John Bhotra
Court: Orissa
Decided on: Jul-18-1972
Reported in: 38(1972)CLT851; 1973CriLJ553
ORDERS. Acharya, J.1. This is a petition by the State of Orissa Under Section 561-A, Cr.P.C. for expunging certain derogatory observations made against a Superintendent of Police and a Deputy Superintendent of Police in the judgment delivered by the Special Judge Koraput in T.R. Case No. 1 of 1969. The said Superintendent of Police had accorded the necessary sanction for the prosecution of the accused, and the Deputy Superintendent of Police investigated into the case at one stage and also figured as P.W. 12 in that case.2. The complained of remarks are in the following extract from paragraph 2 of the judgment of the Court below, as stated in this miscellaneous petition.What is most surprising, as already indicated, is that the Deputy Superintendent of Police (P.W. 12) did not canalise his investigation on the facts disclosed from these official records which he found to be true. If he were diligent he could have avoided this long-drawn process of harassment caused to the accused-const...
Sub-collector and Land Acquisition Officer Vs. Macherla Satyanarayana
Court: Orissa
Decided on: Jul-17-1972
Reported in: AIR1973Ori139
B.N. Misra, J. 1. This is an appeal filed by the Sub-Collector and Land Acquisition Officer, Berhampur against the decision of the learned Subordinate Judge, Berhampur on a reference under Section 18 of the Land Acquisition Act.2. 44 decimals of land located in Berhampur town were acquired by notification dated 26-12-1958. The respondent-claimant did not accept the compensation and raised a dispute which was ultimately referred to Court under Section 18 of the Act.3. After hearing parties by order dated 15-10-1966, the reference was disposed of. The learned Subordinate Judge found the claimant to be entitled to additional compensation. The decree of the learned Subordinate Judge was prepared on 7-11-1966. On 20th of November, 1966, an application was made by the appellant for obtaining a certified copy of the same and it was granted on 3-12-1966. This appeal was presented on 10-7-1967. Objection was raised on the plea of limitation. The appellant did not file any petition for condoning...
Collector Vs. Mahabir Prasad Santuka and ors. Overruled
Court: Orissa
Decided on: Jul-14-1972
Reported in: AIR1973Ori70
Patra, J.1. Both these appeals arise out of the judgment of the Subordinate judge, Cuttack in Land Acquisition Case No. 19 of 1970. By declaration dated 23-12-1966 published in the Orissa Gazette on 2-2-1967, 12 acres of land appertaining to plot No. 117 of mouza Jajbhairaba were acquired by Government for the purpose of construction of Aviation Research Centre at Charbatia. The Land Acquisition Collector valued the land at Rs. 2,000 per acre and has awarded the compensation jointly to Mahabir Prasad Santuka, Mahabir Prasad Modi, Kamali Debi and Bhati Bai, petitioners 1 to 4 in the Land Acquisition Case. Plot No. 177 has a total area of 167 acres. Exhibit B is the field verification map got prepared by the Land Acquisition Collector in respect of that plot. Various persons had acquired different portions of Plot No. 177. Exhibit B shows sub-division of Plot No. 177 into different parcels and each sub-division has been allotted a separate number. There is no dispute in this case that th...
Akshaya Kumar Padhi Vs. State of Orissa
Court: Orissa
Decided on: Jul-10-1972
Reported in: 1973CriLJ555
ORDERS. Acharya, J.1. This is a petition under Section 561-A, Cr.P.C. for expunging certain remarks made against the petitioner in the judgment passed in G.R. Case No. 840 of 1965. The petitioner was examined as P.W. 4 in the said case.2. The abovementioned G.R. Case was one under Section 409, I.P.C. for temporary misappropriation of Government money to the tune of Rs. 1000/- by one Ramchhod Misra, who at the relevant time was working as the Cashier in the Sadar Block Development Office No. I at Sambalpur. The material facts, relevant for the consideration of this case, are that on 19.12.1963 the Sarpanch of Sankarma Gram Panchayat (P.W. 2) met the B.D.O. Incharge and requested him to take back Rs. 1000/- which he (the Sarpanch) had earlier taken from the aforesaid B.D.O.s' office for the construction of a road. The petitioner (P.W. 4) who was then the B.D.O. Incharge directed the above-named Ramchod Misra, the accused in that case, to receive that amount. The accused accordingly recei...
Sushanta Kumar Chand and ors. Vs. the Speaker, Orissa Legislative Asse ...
Court: Orissa
Decided on: Jul-07-1972
Reported in: AIR1973Ori111
R.N. Misra, J. 1. The 8 petitioners styling themselves as members of the Samajwadi Yubak Sabha (Utkal) applied under Article 226 of the Constitution of India for a writ of habeas corpus when they were detained in custody in the Bhubaneswar sub-jail under a warrant issued by the Speaker of the Orissa Legislative Assembly.2. The Orissa Legislative Assembly was in session when the petitioners got into the legislative assembly hall and submitted to the Speaker and the members of the assembly a printed letter alleging several acts of misconduct, maladministration, corruption and high-handed acts of excesses through utilisation of police force for suppressing civil liberties. The petitioners shouted slogans and disturbed the proceedings. They were taken into custody and ultimately they were sentenced to 7 days' simple imprisonment. Under a warrant issued by the Speaker, they were lodged to custody with opposite party No. 2. The warrant was to the following effect:'Whereas the Orissa Legislat...
- ‹ Prev
- 2
- Next ›
- Last »