Orissa Court January 1973 Judgments
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Choudhury Prafulla Chandra Routrai and ors. Vs. Indramani Baral and or ...
Court: Orissa
Decided on: Jan-31-1973
Reported in: AIR1973Ori212
S. Acharya, J.1. The defendants, who were respondents 1 to 12 in the Court below, have preferred this second appeal against the decision of the Additional District Judge, Cuttack in Title Appeal No. 142 of 1967 reversing the decision of the Second Munsif, Cuttack in Title Suit No. 246 of 1961.2. The plaintiff's case In short is that one Sana Das was the father of de-fendant No. 10. and he was recorded as the tenant in respect of the suit lands comprising an area of Ac. 1.93 decimals in Khata No. 194, specifically described in the schedule of the plaint. The above-named Sana Das Possessed the suit lands till his death in 1945. Thereafter defendant No. 10, the daughter of Sana Das, succeeded to the suit property as the only heir and successor of late Sana Das. She sold the suit property to the plaintiffs along with some other properties by a registered sale deed dated 18-12-1956 and delivered possession of the same to the plaintiffs. The plaintiffs remained in possession of the suit land...
Sri Santosh Kumar Agarwalla Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-25-1973
Reported in: AIR1973Ori217
Patra, J.1. Santosh Kumar Asar-walla who is the petitioner in both the cases is a Forest Contractor at Angul deal-ins in Genduli gum which is a minor forest produce. For the year 1970-71 (wrongly mentioned as 1969-70 in the petition), the sale of Genduli sum of Angul Forest Division was notified by the Divisional Forest Officer, Aneul (O. P. No. 3) to be held by public auction on the 20th and 21st October, 1970. The notification was published in the Orissa Gazette dated 18-9-1970. and the auction was on 20-10-1970. The petitioner's bid for Rs. 2,100/- was the highest bid and the sale was knocked down in his favour. The petitioner deposited the security money of Rs. 210/-. The fact of the petitioner be-ins the highest bidder was duly communicated to the Conservator of Forests (O. P. No. 2) who in turn communicated to the State Government (O. P. No. 1) for finalisation of the agreement. The State Government instead of finalising the sale in favour of the petitioner passed the impugned or...
Haraprasad Das and ors. Vs. Jagamohan Das and ors.
Court: Orissa
Decided on: Jan-25-1973
Reported in: AIR1973Ori227
R.N. Misra, J. 1. The plaintiffs are in appeal against the affirming decree of the learned District Judge of Puri arising out of a suit for Partition. They sued for the relief of partition claiming 3/5ths of the disputed property. The genealogy given in the trial Court's judement is extracted for convenience. BALABHADRA | ----------------------------------------- | | | Padmacharan Radhacharan Madhab | | (adopted to ------------------------- | Gadadhar- | | | | a stranger) Chaitab Kruchna Rama- | widow - Hadi died in 1926 D.6 Krushna | (D.2)Nakhatramani | | D.7 ------------------------------- Jagamohan | | | D.1 Nimai Jaynarayan Jagamohan -widow | D.8 D.1 Indurekha | (adopted to D.1/a ---------------------------- Madhab). | | | | |Janakiballav Ramabhallav Sachidananda ---------------------------- D.3 D.4 D.5. | | | Haraprasad Bishu Kedar P.1 P.2 P.3 The plaintiffs alleged that Madhab had been adopted out to a stranger Gadadhar and thus lost his family to with Balabhadra. Madhab acquired...
The Management of J.K. Paper Mills Vs. Workmen and 2 ors.
Court: Orissa
Decided on: Jan-25-1973
Reported in: (1973)ILLJ518Ori
R.N. Misra, J.1. The management of the the J. K. Paper Mills is petitioner in this application under Articles 226 and 227 of the Constitution of India.2. The company (J.K. Paper Mills) which is a concern of Messrs, Straw Products Limited commenced business at Jaykaypur near Rayagada in the district of Koraput in 1962. In 1964, the J. K. Paper Mills Employees' Union was registered under the Trade Unions Act and worked as sole representative union of workmen employed in the Mills. Dispute relating to bonus for the years 1964 and 1965 between the employer and the workmen was referred under the Industrial Disputes Act to the Tribunal and was registered as Industrial Dispute Case No. 20 of 1966. Similarly a dispute relating to bonus for the year 1966 was referred to the Tribunal in Industrial Dispute Case No. 24 of 1968. The J.K. Paper Mills had been declared as a public utility service as defined in Section 2(n) of the Industrial Disputes Act. Notice was given by the union on 26-8-1969 und...
Madhusudan Misra and ors. Vs. Baidyanath Mohanty and ors.
Court: Orissa
Decided on: Jan-25-1973
Reported in: 39(1973)CLT253; 1973CriLJ1439
ORDERR.N. Misra, J.1. Members of the first party in a proceeding under Section 145 of the Code of Criminal Procedure assail the final order in the proceeding against them in this revision application.2. On 23-3-1968, the proceeding was initiated by drawing up the preliminary order. Notices were served at the spot under directions of the learned Magistrate as required under Sub-section (3) of Section 145 of the Code. Originally there were two parties. On 11-6-1968, one Narayan Mohanty appeared and wanted time to file his written statement. The learned Magistrate did not recognise him as a party to the proceeding and called upon him to establish his interest-edness in the dispute of possession of the disputed property. On 25-10-1968, one Biswa-nath Barik applied to be impleaded as a party. The learned Magistrate also directed him to establish his interestedness. On 9-12-1968, the learned Magistrate impleaded Narayan and Biswanath as members of the third party. On 1-3-1969, one Krushna Ch...
Dr. Mrs. Sarojini Pradhan Vs. Khirode Chandra Pradhan
Court: Orissa
Decided on: Jan-23-1973
Reported in: AIR1973Ori214; 39(1973)CLT330
ORDERB.K. Ray, J.1. The opp. party as plaintiff has instituted the suit out of which this application arises for recovery of Rs. 64,000.00 and odd against the defendant petitioner on the allegation that the petitioner entered into an agreement with him for working of her mines: that she executed a power of attorney in his favour and that she having terminated the agreement, he sustained loss and damage.2. The case of the petitioner in her written statement in the Court below is that she appointed the OPP. party as her agent to work her mines by executing a power of attorney in his favour: that she also entered into an agreement with the opp. party for working of the mines; that the termination of the agreement was valid and that the claim for damages is not tenable. The petitioner in the Court below by her petition dated 7-2-72 sought to amend her written statement by incorporating the following statement.'That the plaintiffs suit is hit by Section 69 of the Indian Partnership Act. 193...
Jayakrishna Debata Vs. Chaitan Pani
Court: Orissa
Decided on: Jan-23-1973
Reported in: AIR1973Ori229; 39(1973)CLT316
S. Acharya, J.1. The defendant has preferred this second appeal against the decision of the Additional Subordinate Judge, Cuttack in Title Appeal No. 202 of 1965 confirming the decision of the First Munsif, Cuttack in Title Suit No. 30 of 1960.2. Defendant Jayakrishna Debata instituted Money Suit No. 112 of 1952 against one Jagannath Debata in the Court of the Subordinate Judge, Cuttack and obtained a money decree on 6-1-58 against the said Jagannath. When the said suit, instituted in 1952, was pending in the Trial Court, Jagannath Debata sold the suit property along with some other lands as per a registered sale deed dated 31-8-1956 in favour of the plaintiff and one Sari Debi. In execution of the decree obtained in Money Suit No. 112 of 1952 the defendant attached the suit property. The plaintiff, who purchased the suit land as mentioned above, preferred an objection under Order 21, Rule 58, Civil Procedure Code which was dismissed for default, whereupon he has filed this suit under ...
Ganesh Panigrahi Vs. Jura Sahu and ors.
Court: Orissa
Decided on: Jan-19-1973
Reported in: AIR1973Ori232; 39(1973)CLT243
Acharya, J.1. The unsuccessful plaintiff in both the courts below has preferred this second appeal against the decision passed by the Additional Subordinate Judge, Berhampur in Title Appeal No. 14 of 1969.2. The plaintiff's case, in brief, is that he owns and possesses plot Nos. 775 and 774 as specifically described in the plaint. To the adjacent north of the said two plots, the defendants have their plot No. 690 at a lower level than the above mentioned two suit plots. The surplus water from plot No. 690 was being discharged from time immemorial through plot Nos. 742, 745 and other plots downwards belonging to other persons. The defendants being in inimical terms with the plaintiff and in order to damage the plaintiff's land and to have a short-cut way for the surplus water on plot No. 690, forcibly dug a Nala on the above-mentioned two suits plots thus causing wrongful loss and damage to the plaintiff. The plaintiff tried to obstruct the above high-handed action of the defendants, bu...
Gajendra Kar Vs. State of Orissa
Court: Orissa
Decided on: Jan-09-1973
Reported in: 39(1973)CLT186; 1973CriLJ1058
B.K. Patra, J.1. The appellant and his elder brother Jogendra Kar were tried on charges under Section 328/302, Indian Penal Code for committing the murder of their youngest brother Baburi Kar by administering poison to him. Jogendra was acquit' ted but the appellant was convicted for the offences with which he was charged and was sentenced to imprisonment for life for his conviction under Section 302, I.P.C., but no separate sentence was imposed for his conviction under Section 328, I.P.C.2. The deceased Baburi Kar who was the youngest of the three brothers was running a sweetmeat stall in Pakistan and was remitting money to his brother Gajendra Kar who was staying in the village, for the maintenance of the family. Jogendra Kar was working as a Panda for the pilgrims at Puri. The money which Gajendra was receiving from time to time was being utilised for purchase of lands. Round about the year 1964 Baburi came back from Pakistan to his village and the brothers lived jointly. In course ...
Raghunath Kar and ors. Vs. Gajendra Kar and ors.
Court: Orissa
Decided on: Jan-01-1973
Reported in: AIR1973Ori157
S. Acharya, J. 1. The plaintiffs have preferred this appeal against the reversing decision of the First Addl. Subordinate Judge, Cuttack in Title Appeal No. 191 of 1966. 2. According to the plaintiffs, plaintiff Nos. 1 to 3 and pro forma defendant No. 6 are brothers and are members of a Hindu Mitakshara joint family of which plaintiff No. 1 is the Karta. Plaintiff No. 3. one of the sons of plain-tiff No. 1. has been adopted to one Padmanay. Defendant No. 5 is the wife of defendant No. 6, but she has left defendant No. 6 and has remarried one Benudhar Acharya of Arjunpur and is living with him in his house. Defendant Nos. 1 to 4 are members of a Hindu Mitakshara joint family of which defendant No. 1 is the Karta. Defendant Nos. 1 to 4 are the first cousins of the plaintiffs. The suit properties described in Schedule A of the plaint are the joint ancestral properties of the plaintiffs and defendant No. 6 and there has been no partition of the properties or ascertainment of their shares i...
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