Orissa Court July 1973 Judgments
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Mst. Teva Barihani and ors. Vs. Mst. Chandantola Barihani and anr.
Court: Orissa
Decided on: Jul-13-1973
Reported in: AIR1974Ori169; 39(1973)CLT813
ORDERG.K. Misra, C.J.1. A preliminary, decree for partition was passed on 17-2-1965 by the learned Subordinate Judge of Bolangir in T. S. No. 1318 of 1963. In course of the final decree proceeding, defendants other than defendant No. 2 filed an application before, the Court that the final decree should be passed in terms of the compromise petition dated 22nd of January, 1966. Admittedly, the compromise had not been signed by the second defendant. Ultimately the trial Court refused to record the compromise as it had not been signed by the second defendant Other defendants filed Civil Revision No. 313 of 1969. The civil revision was dismissed as an appeal lay under Order 43, Rule 1 (m) of the Code of Civil Procedure. A miscellaneous appeal was fifed before the District Judge with an application to condone the delay caused by prosecuting the civil revision in the High Court.2. The learned District Judge dismissed the appeal on two grounds; that the appeal was barred by limitation and that...
Advocate-general Vs. Baradakanta Misra
Court: Orissa
Decided on: Jul-13-1973
Reported in: 1974CriLJ70
K.B. Panda, J.1. On 13-2-1973, the learned Advocate-General of Orissa made an application to this Court under Section 15(1)(a) of the Contempt of Courts Act (Act 70 of 1971) against the opposite party on the allegation that the contemner had committed criminal contempt of this Court by making allegations in an application presented by him at the time when judgment was delivered in Original Criminal Misc. Case No. 8 of 1972 on 5-2-1973 by a Special Bench of five Judges of this Court.2. A brief account of events leading to the filing of the impugned application (hereinafter referred to as the 'petition') by the contemner may now he given.The contemner was recruited as a Munsif in the year 1947. After a chequered career in the service, by 1968, he had been promoted on officiating basis as a District Judge. His work having been found unsatisfactory he was reverted to the post of Additional District Magistrate (Judicial) by Government and on a representation to the Chief Minister, that orde...
Jagannath Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-09-1973
Reported in: AIR1973Ori191
Panda, J. 1. The petitioner is a forest contractor. He had taken lease of Jarada Bamboo coupe No. 'A'. Lot No, 71 of 1972-73 of Parlakhemedi Division on highest bid for Rs. 17,000/- in an auction, held on 21-8-1972. According to rules, he deposited ten per cent, of the bid money. i. e. Rs. 1700/- as security deposit.To cut the matter short the Divisional Forest Officer (Opp. Party No. 3) under Annexure-3 dated 22-3-1973 cancelled the lease under Rule 12 of the Orissa Forest Contract Rules as the petitioner 'Failed to take delivery of the said coupe within 1.1/2 months from the date of issue of ratification order.' It is this Annexure-3 which is sought to be quashed in this writ petition under Article 226 of the Constitution.When the petition was filed on 9-4-73, there were three opposite parties. Later, by an amendment dated 10-5-1973, opposite party No. 4 (one N. Bhagaban Pradhan) was impleaded as opposite Party No. 4. After cancellation of the lease in favour of the petitioner, the c...
Sree Durga Glass Works Vs. Hazari Rout and anr.
Court: Orissa
Decided on: Jul-05-1973
Reported in: (1976)ILLJ80Ori
ORDERR.N. Misra, J.1. The opposite party No. 1 was employed as a time-keeper under the petitioner. On February 9, 1970 the opposite party No. 1 delivered the attendance cards to the Supervisor about three hours before the due time resulting in the workers leaving their duty earlier on receipt of the cards. The delinquent admitted his guilt in writing during preliminary enquiry. He was later on charge-sheeted and in his explanation he admitted the guilt. On September 24, 1970, the employer dismissed the opposite party No. 1 from service following the domestic enquiry. An application under Section 33(2)(b) of the Industrial Disputes Act was made to the Tribunal. Some evidence was led before the Tribunal and on May 14, 1971, the Tribunal heard arguments of parties and reserved orders but no date was notified. On May 28, 1971, orders were passed by the Tribunal holding that the domestic enquiry was vitiated and he directed the management to adduce evidence on merits of the case by posting ...
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