Orissa Court March 1973 Judgments
Madhusudan Rai Vs. Smt. Basanti Kumari Devi and ors.
Court: Orissa
Decided on: Mar-20-1973
Reported in: AIR1974Ori153; 39(1973)CLT571
S.K. Ray, J. 1. This appeal is by the opposite party No. 2 in a proceeding for determination of compensation by the Claims Tribunal under Section 110-B of the Motor Vehicles Act (hereinafter referred to be as the Act) initiated upon an application filed by respondent No. 1 petitioner under Section 110-A (1) of the Act and is directed against part of the award of the Claims Tribunal saddling the appellant with the liability to Pay Rs. 5,500/- as his share in the total amount of compensation determined at Rs. 10,000/- with proportionate costs. 2. On 22-12-1968 at about 5 p.m. a Taxi bearing No. ORC 913 was involved in a collision with the Truck bearing No. ORM 584 on the National High Way at a distance of 23 kilometres from Balasore. The taxi was proceeding from Bhadrak side towards Balasore and it is stated that the truck was pro-ceeding in the opposite direction. As a result of this collision, the taxi overturned, and its top was almost detached from the body. Three of its passengers d...
Tag this Judgment!Bhaskar Raut and ors. Vs. Rambha Bewa and ors.
Court: Orissa
Decided on: Mar-16-1973
Reported in: AIR1974Ori74
ORDER1. The following genealogy would show the relationship of the parties. Bhagabat Rout | ___________________________________|___________________________________________ | | | | | Narottam Uchhaba Daitari Maheswar Baraju | | | =Rambha =Kumud(D.6)Bhaskar Anam | (Plff.) (D.1) (D.2) | | _________|___________ Gopal | | (D.3) Eanamalf Benudhar (D.4) (D.5)The correctness of this genealogy is no longer in contest. Rambha (plaintiff) is the widow of Maheswar. She filed a suit for partition of her 1/5th share as Maheswar had four other brothers. Defendants 1 to 6 represent the four other branches. The plaintiff's case was that Maheswar died after severance of joint status from the rest of the members of the joint family and thus she was entitled to 1/5th interest in the total property.2. The defendants contested her claim by saying that Maheswar died joint with other members prior to the coming into force of the Hindu Women's Right to Property Act, 1937 (hereinafter referred to as 'the Act'...
Tag this Judgment!Dhruba Ch. Sahu Vs. Purna Ch. Pradhan and ors.
Court: Orissa
Decided on: Mar-14-1973
Reported in: AIR1973Ori192
S. Acharya, J. 1. The unsuccessful plaintiff No. 1 in both the Courts below is the appellant in this second appeal.2. Plaintiff No. 1' is the father of plaintiff No. 2. The plaintiffs filed thesuit for a declaration that the sale deed executed by plaintiff No. 2 in favour of defendant No. 1 is not binding on the plaintiffs as the same is without consideration and was brought into existence through fraudulent means by taking advantage of the young age of plaintiff No. 2. It is the plaintiffs' case that the suit property originally belonged to Bramar Sahu (P. W. 3) and it was purchased by plaintiff No. 1 nominally in the name of his son, plaintiff No. 2 on 5-10-1953 as plaintiff No. 1 was then a leper. Plaintiff No. 1 paid the consideration money for the said purchase and he remained in possession of the land as well as the sale deed executed by Bhramar since the date of purchase. It is alleged that Radhamohan Patnaik, defendant No. 2 (sister's husband of defendant No. 1) persuaded plain...
Tag this Judgment!Dhaneswar Raipitam and ors. Vs. State
Court: Orissa
Decided on: Mar-14-1973
Reported in: 1973CriLJ1430
R.N. Misra, J.1. 58 persons, all belonging to village Jamunajharapada within the P.S. of Delang in the district of Puri were put on trial for several offences in Sessions Trial No. 16/32 of 1971. 19 of them have been convicted and have appealed to this Court. Appellants 1 to 5 have been convicted under Sections 302/149, 147 and 323 of the Indian Penal Code. Appellants 6 to 14 have bean convicted under Sections 147 and 323 of the Code. Appellant No. 15 has been convicted under Sections 147 and 324. Appellants 16 and 17 have been convicted under Section 148 and appellant No. 18 has been convicted under Section 147 while appellant No. 19 has been convicted under Section 323 of the Indian Penal Code. Those appellants who have been convicted under Section 302/149 have been sentenced to rigorous im-prisoment for life. For the other offences various and varying sentences of imprisonment have been awarded.2. The prosecution alleged that at about 3'O clock in the afternoon on 30th of November, ...
Tag this Judgment!Kedarnath Guru Mohapatra and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Mar-13-1973
Reported in: AIR1974Ori75
Patra, J.1. The petitioners--some of the recorded Sevaks of Shree Jagannath Temple at Puri -- assail in this writ petition the validity of various amendments brought about in the Shri Jagannath Temple Act, 1954 (Orissa Act 11 of 1955) by the various sections of the Shri Jagannath Temple (Amendment) Act, 1968 (Orissa Act 17 of 1968).2. The ancient temple of Lord Shree Jagannath Puri has ever since its inception been an institution of unique national importance. The Orissa Legisture first attempted to control public Hindu Religious endowments including the Shri Jagannath temple at Puri by passing the Orissa Hindu Religious Endowment Act, 1939 (Orissa Act IV of 1939). Although this Act has undergone some amendments from tune to time, provisions made therein were not considered sufficient to control the administration of the Shree Jagannath temple and its endowments. The Legislature, therefore, thought it expedient that a special legislation was necessary for this temple in view of its uni...
Tag this Judgment!State of Orissa Vs. Narasingha Gouda
Court: Orissa
Decided on: Mar-09-1973
Reported in: AIR1974Ori82; 39(1973)CLT689
S.K. Ray, J.1. This is a defendant's second appeal from the confirming decision of the lower appellate court. This appeal relates to a suit filed by the plaintiff for declaration of title confirmation of possession and permanent injunction restraining the defendant from interfering with his possession. The suit land is A.O. 60 decimals comprised in Survey No. 41/1 an village Pitatala in Chikiti Taluk. This land was a part of Paromboke, appertaining to estate of Chikiti. The plaintiff's case is that this land was in possession and enjoyment of one Sadi Appalswami who, after possessing the same for 35 years, sold it to the plaintiff's father under a registered sale deed, dated 21-7-48 for a consideration of Rs. 200/-. Since after his purchase, his father possessed the land and after his father, the plaintiff possessed the same till the date of the suit on 1-6-53, Chikiti estate vested in the State under the provisions of the Orissa Estates Abolition Act. Thereafter, in November, 1967, ac...
Tag this Judgment!Hemalata Devi Vs. Sk. Lokman and ors.
Court: Orissa
Decided on: Mar-08-1973
Reported in: AIR1974Ori24; 39(1973)CLT539
R. N. Misra, J.1. This is an appeal under Section 110-D (1) of the Motor Vehicles Act of 1939 (hereinafter referred to as the Act) against the award of the Motor Vehicles Claims Tribunal, Balasore, dismissing the claim. 2. The appellant happens to be the mother of one Subodh Mohapatra who was travelling on 15-2-69 in a jeep bearing registration No. O. R. C. 7586 from Balasore to Soro. The claimant alleged that the vehicle was being driven rashly and at a considerable speed and while it was about 3 miles away from Soro at about 4 P.M. one of the rear tyres burst. The driver failed to control the vehicle and it ultimately went out of the road and capsized leading to the instantaneous death of Subodh.The jeep belongs to the respondent No. 1. An Oriya film 'Kie Kahara' was being exhibited at the Balasore Talkies during the material period. The Balasore Talkies arranged this jeep for the purpose of doing publicity work. Along with the driver and the cleaner the vehicle besides the publicity...
Tag this Judgment!State of Orissa Vs. Sri Sanatan Pathal
Court: Orissa
Decided on: Mar-08-1973
Reported in: [1973]31STC632(Orissa)
G.K. Misra, C.J.1. Sri Sanatan Pathal (respondent) was assessed under Section 12(8) of the Orissa Sales Tax Act, 1947 (Act 14 of 1947) (hereinafter to be referred to as 'the Act'), for five quarters ending 31st March, 1959, to 31st March, 1960. He was alleged to have been carrying on business in timber and firewood. The Member, Additional Sales Tax Tribunal, Orissa, by his order dated 12th November, 1968, did not interfere with the assessment under Section 12(8) though he allowed the appeal by reducing the quantum of turnover. The assessee filed an application for review. The ground that was urged in support of the review was that unless an assessment had been previously made under Section 12(5) of the Act, subsequent assessment under Section 12(8) was without jurisdiction.2. The learned Tribunal accepted this contention and allowed the review application on 8th February, 1969. Against this order the State of Orissa asked for reference under Section 24(1) of the Act. The reference was ...
Tag this Judgment!State of Orissa Vs. Giridhari Biswal
Court: Orissa
Decided on: Mar-08-1973
Reported in: 39(1973)CLT415; 1973CriLJ1435
ORDERB.K. Acharya, J.1. This is an appeal under Section 417 of the Code of Criminal Procedure against the judgment of the Additional Sessions Judge, Sambalpur acquitting the accused in the Court below (respondent herein) of the charge under Section 302 of the Indian Penal Code.2. The prosecution case, in short, is that on 22-9-1968, by about mid-day, the accused, following a quarrel with his wife, Gouri Dei, assaulted her with a Lathi to death.3. The accused, both in the committing Court as also in the Sessions Court, consistently pleaded not guilty to the charge, and denied the entire prosecution case against him. He, however, stated in his statement before the Sessions Judge that he had some difference and quarrel with his wife, the deceased, on the date of occurrence and on account of that his wife took poison and died on the same day.P. W. 7, the father of the deceased, lodged the First Information Report (Ext. 1) at 6 P. M. on 229-68 on whatever information he could gather from th...
Tag this Judgment!State of Orissa Vs. Utkal Distributors Private Ltd.
Court: Orissa
Decided on: Mar-07-1973
Reported in: [1974]34STC347(Orissa)
G.K. Misra, C.J. 1. Messrs. Utkal Distributors Pvt. Ltd. (opposite party) were assessed to sales tax, with or without penalty, for the quarters ending 31st March, 1963, 30th June, 1963, 30th September, 1963, 31st December, 1963, and 30th June, 1964, on account of supplies of materials such has hard granite rubble stones, bond stones, etc. Against the orders of assessment, the opposite party preferred first appeals before the Assistant Commissioner, Sales Tax, Cuttack. The appeals were dismissed.In second appeal, the Tribunal by a common judgment passed on 23rd December, 1968, allowed the appeals and annulled the assessment holding that the contract in question was a works contract. The Tribunal refused to take in additional evidence a letter dated 22nd June, 1965, from the Under Secretary to the Government of Orissa in the Revenue Department to the Revenue Divisional Commissioner, under Rule 61 of the Orissa Sales Tax Rules, 1947, though it admitted a letter dated 9th January, 1968, fr...
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