Orissa Court February 1973 Judgments
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Smt. Deo Kaur Bai Pandya Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Feb-28-1973
Reported in: AIR1974Ori84
G.K. Misra, C.J.1. The husband of the petitioner obtained a mining lease of manganese (Annexure-1) dated 30th of September, 1943 from the Bonai Durbar for a period of thirty years. The original lessee died on 11th of November, 1948 leaving behind the petitioner as the sole heir. On 1st of June, 1958 the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter to be referred to as the Act) came into force. Under Section 8(1) of the Act the Central Government had powers to modify prior mining leases to a period of twenty years. In accordance with that power, on 12-1-1959 the lease (Annexure-1) was modified to a period of twenty years with effect from 30-9-1943 by the order Annexure-2. The substantive part of Annexure-2 modifying the period of lease runs thus:--'Period of the lease shall be 20 yearscounting from 30-9-1943; renewal to beregulated according to the law and rulesin force when it falls due.' As by Annexure-2 the lease was to expire on 30th of September, 1963, the...
Udayanath Samal Vs. Siri Dei and anr.
Court: Orissa
Decided on: Feb-27-1973
Reported in: AIR1973Ori196
B.K. Ray, J. 1. Defendant No. 1 is the appellant against a reversing judgment.2. The plaintiffs instituted the suit out of which this appeal arises for creating a charge upon the properties described in schedule B of the plaint for their maintenance at the rate of Rs. 50-00 per month and for Rs. 2,000-00 towards the marriage expenses of plaintiff No. 2. The Plaint case, in short is, as follows: Plaintiff No. 1 is the wife and plaintiff No. 2 is the daughter of defendant No. 2. Defendants Nos. 1 and 2 are first cousins. Defendant No. 1 is separate in mess and property from defendant No. 2 since the time of their fathers. The properties described in Schedule B of the plaint belong to defendant No. 2 alone. Defendant No. I wanted his son to be adopted by defendant No. 2. Plaintiff No. 1 opposed this and hence defendant No. 1 bore a grudge against plaintiff No. 1. Defendant No. 1, therefore, instigated defendant No. 2 to ill-treat the plaintiffs and to stop maintaining them. Both defendant...
Bishnu Charan Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-26-1973
Reported in: AIR1973Ori199; (1973)IILLJ528Ori
G.K. Misra, C.J. 1. In the cadre of lower division assistants of the office of the Chief Engineer, Roads and Buildings, Orissa. Sri Bishnu Charan Mohanty (Petitioner) was admittedly senior to Sarbasri G.N. Sarangi (O. P. No. 3) Sri A.C. Naik (O. P. No. 4), and Sri K.C. Patnaik (O. P. No. 5). Opposite parties 3, 4 and 5 were promoted to the posts of Grade II U. D. Assistants with effect from 16-8-63, 26-10-l964 and 4-1-1967 respectively to the Government (O. P. No. 1) against his supersession by opp. parties 3, 4 and 5. By letter dated 10-5-1969 (Annexure-1) the Under Secretary in Works and Transport Department wrote to the Chief Engineer (Roads and Buildings) as follows:-- 'With reference to your letter No. 3989 dated 7-2-1969 on the subject noted above, I am directed to say that Government have been pleased to order that Sri A. Naik (serial 12) and Sri K.C. Patnaik (serial 17) of the list furnished in your letter under reference who have already got promotion to the Grade II U. D. Ass...
Smt. Nisamono Dibya and ors. Vs. Indramoni Sahu and ors.
Court: Orissa
Decided on: Feb-21-1973
Reported in: AIR1973Ori208
S.K. Ray, J. 1. The respondents obtained a decree for Rs. 282-59 p. together with costs against the appellants on 3-11-1959 in the court of the Subordinate Judge, Cuttack exercising powers under the Provincial Small Cause Courts Act. The decree-holders levied execution of the decree in Ex. Case No. 69 of I960 on 2'0-4-1960 in the Court of the Subordinate Judge, Cuttack. This execution case was dismissed on 6-12-1965. Thereafter the decree-holders filed an application in the Court of the Subordinate Judge. Cuttack on 8-3-1967 to transfer the decree to the court of the Subordinate Judge, Bhubaneswar under Section 39 C. P. C. After the decree was transferred, the execution case No. 44 of 1968 was instituted for executing the decree.2. The judgment-debtors preferred an objection under Section 47, C. P. C. that the execution case was barred by limitation. This objection was registered as Misc. Case No. 58 of 1969. The Subordinate Judge, Bhubaneswar held this execution case No. 44 of 1968 to...
Radhu Kandi and anr. Vs. the State
Court: Orissa
Decided on: Feb-20-1973
Reported in: 39(1973)CLT337
S. Acharya, J.1. Appellant Ghana alias Banka Kandi stands convicted under Section 302 I. P. C, for causing the death of Parbati Dei and has been sentenced thereunder to undergo R. I. for life. Appellant Radhu Kandi has been convicted under Section 323 I. P. C for assaulting Binod Behera with a lathi and has been sentenced thereunder to undergo R.I. for four months.2. The above named two appellants alone with 31 others stood their trial for offences under Sections 148 and 302/149 IPC Appellant Ghana alias Banka Kandi and another accused (since acauitted) were charged under Section 302 L P. C. for intentionally causing the death of Parbati; appellant Radhu Kandi and two others since acquitted were charged under Section 302 IPC for intentionallv causing the death of Binod Behera and another accused had been chareed under Section 212 I. P. C Excepting the appellants all the other accused persons were given the benefit of doubt and acquitted of the charges framed against them. ApDellant Gha...
Sukru Sa Vs. the State of Orissa
Court: Orissa
Decided on: Feb-14-1973
Reported in: 1973CriLJ1323
B.K. Patra, J.1. This appeal is directed against an order of the Sessions Judge, Bolaneir convicting the appellant under Section 302 of the Indian Penal Code on the finding that he committed the murder of his two sons aged 9 and 6 years respectively and sentencing him to imprisonment for life. The appellant is the eldest of three brothers, the two others beine Sadhu Sa P. W. 1 and Rengu Sa P.W. 2 Of the three brothers the appellant alone was married. P. W- 5 Sova is his wife. They had three childrentwo sons Fakir and Prafulla and a daughter. The appellant and his two brothers were staying in the samp house in mouza Kutumdola. On the night of 15th October, 1969 the members of the family retired to bed after dinner. P. W. 5 with her three children slept in the kitchen. She and her daughter slept on one cot and her two sons sleDt on an adjoining cot. Appellant and P. W. 1 slept on the verandah of the Dhabaehar at a distance of about two rubits off from the place where P. W- 5 and her chil...
B.K. Misra Vs. Chief Justice, Orissa H.C.
Court: Orissa
Decided on: Feb-13-1973
Reported in: AIR1974Ori1
ORDER1. We propose to give a short account of facts forming the background of the present petition and we have taken these from the Full Bench judgment of this Court in Original Criminal Misc. Case No. 8 of 1972 (Registrar, Orissa High Court v. Barada-kanta Misra and Anr.) disposed of on 5-2-1973. Sri Baradakanta Misra, the petitioner herein, is a permanent Subordinate Judge in the State of Orissa. After being superseded on certain occasions, he was promoted to officiate as an Additional District Magistrate in the Junior Branch of the Orissa Superior Judicial Service, and while so officiating in that post, he was in August, 1968 promoted to officiate in the Senior Branch of the said Service which comprises inter alia the post of Additional District Judge. By June, 1971, he was functioning as Additional District Judge at Cuttack. On 21-6-1971, he heard Money Appeal No. 33 of 1970 and posted it for judgment to the next day. It was alleged that on 22-6-1971 he delivered judgment in that a...
Puja Ramakrishna Panda Samant (Decd) and ors. Vs. Gangadhar Sahu and o ...
Court: Orissa
Decided on: Feb-12-1973
Reported in: AIR1973Ori210
Panda, J. 1. The short question that arises for consideration in this case is whether the Marfatdar of a deity can be said to own the marfatdary property. 3.18 acres of land covered by Khata Nos. 108 and 109 of mouza Puruna Tiairia stand recorded in the name of the original petitioner Puja Ramakrishna Panda. The Orissa Estates Abolition Act came into force on 19-2-1952. By that time, these lands were in possession of temporary lessees of the petitioner who was the intermediary. The petitioner then made an application to the Tahasildar. Tiairia under Section 7 of the Orissa Estates Abolition Act (hereinafter referred as the Act) for recording him as the tenants in respect of these lands, his contention being that the total extent of lands owned by him is only 31-41-1/2 acres. His application was opposed by the temporary lessees and after hearing the parties, the Tahasildar. Tiairia reiected this petition. He then filed an appeal before the Additional District Magistrate, Cuttack who by ...
In Re: Orissa Trunks and Enamel Works Ltd.
Court: Orissa
Decided on: Feb-09-1973
Reported in: [1973]43CompCas503(Orissa)
Patra, J. 1. This is an application under Section 439 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), filed by the Orissa Trunks and Enamel Works Ltd. (hereinafter referred to as ' the company ') for winding up the company. This company was incorporated in April, 1959, as a joint stock company (private) limited by shares. Its nominal capital is Rs. 3,00,000, divided into three lakhs equity shares of rupee one each. The amount of capital paid up or credited as paid up is Rs. 1,45,000. The objects for which the company was established are to run the business of manufacture of trunks, suitcases and enamel products as a pilot project for the development of small-scale industries and to do all such other things as are incidental thereto.2. It is alleged that the ex-managing director, Sri S. F. Haque, furnished fraudulent accounts to the board of directors and furnished a list of sundry debtors most of whom were found to be fictitious. Besides, he did not hand over the rec...
Smt. Bimala Devi and ors. Vs. Patitapaban Dev and ors.
Court: Orissa
Decided on: Feb-08-1973
Reported in: AIR1973Ori169
G.K. Misra, C.J. 1. Facts may be stated in brief. First Appeal No. 127 of 1971 was filed with 4 defects. Defects 1 to 3 were removed before the Registrar on 10-1-1972 by order No. 2. For removal of defect No. 4 the Registrar granted three days time on that day with an order that failing compliance the appeal would be placed before the Bench for dismissal. As the defect was not removed the appeal was listed before R.N. Misra, J. on 18-1-1972 who passed the following order: 'There is no compliance of order No. 2. There is no appearance. Mr. Das is grant-ed two days' time to comply with order No. 2 subject to an application failing which the appeal shall stand dismissed without further reference to Court.' The appellants filed the requisites in time but did not file an application for acceptance of the requisites. Thus, the peremptory order passed on 18-1-1972 was not complied with partially. Accordingly the Deputy Registrar passed an order on 25-1-72 to the effect 'the appeal stands dism...
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