Orissa Court August 1973 Judgments
The Utkal Automobiles (P.) Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-30-1973
Reported in: (1974)IILLJ15Ori
K.B. Panda, J.1. The petitioner-company, Messrs. Utkal Automobiles (Private) Limited (hereinafter described as petitioner) had in its employment at Cuttack branch opposite party No. 3, Tulbahadur, as its watchman. Opposite party No. 3 was found negligent of his work. In spite of warnings, it is alleged, he did not improve. He was charge-sheeted on several occasions and suspended but thereafter excused. However, in the year 1967 as opposite party No. 3 did not like to serve any further he was paid his dues till 5-1-1967 and was relieved of his work. Yet he continued hovering round the company's premises and so a discharge certificate was issued to him by the director of the company on 8-8-1967 (annexure-1). The opposite party No. 3, however, did not raise any dispute with the management but complained before the District Labour Officer that he had been discharged from service for filing a complaint before the District Labour Officer regarding an accident in which he received injuries wh...
Tag this Judgment!Lakhiram Agarwalla and ors. Vs. Brajlal Agarwalla and ors.
Court: Orissa
Decided on: Aug-28-1973
Reported in: AIR1974Ori49; 39(1973)CLT1107
R.N. Misra, J.1. The plaintiffs are in appeal against the reversing decree of the learned District Judge. Plaintiffs 1 and 2 are the partners of the firm, plaintiff No. 3. Similarly defendants 1 to 4 are partners of the Firm, defendant No. 4,2. The plaintiffs filed a suit on 17-6-1963 for recovery of Rs. 4068.75 from the defendants on the allegation that pursuant to an agreement they had despatched by train 93 bass of broken rice to the defendants for effecting sale thereof at the rail-head, i. e. Shalimar Railway station. The defendants had quoted the prevailing market rate to be Rs. 17.50 per-maund. As the defendants did not pay the price and raised false pleas to avoid the liability, the plaintiffs were obliged to come to the Court.3. The defendants in a joint written statement denied that the despatch of the consignment was not in the manner as pleaded by the plaintiffs; the defendant No. 2 had informed the second plaintiff that the defendants were not licensed dealers under the We...
Tag this Judgment!Union of India (Uoi) Vs. Sankar Store and anr.
Court: Orissa
Decided on: Aug-24-1973
Reported in: AIR1974Ori85; 39(1973)CLT1043
S.K. Ray, J.1. The appellant is the defendant in a suit for recovery of Rs. 2904.50 p. on the following averments:--Plaintiff No. 2 carries on business in cloth at Nayasark, Cuttack in the name and style of Sankar Store, which is plain-tiff No. 1. Plaintiff No. 1 is neither a partnership firm nor a company. Plaintiff No. 2 on behalf of plaintiff No. 1 placed orders with Shewdayal Mohanlal of 15, Noormal Lohia Lane, Calcutta for one bale of cloth price of which has been stated in the Schedule of the plaint as amounting to Rs. 2887.50 p. The goods were sent by the seller through the South Eastern Railway by booking the same at Howrah Railway Station under P.W.B. (Parcel Way Bill) No. 156923 dated 19-7-63 (Ex. 2), for delivery at Cuttack. This Ex. 2 shows the seller, Shewdayal Mohanlal of Calcutta, to be the sender and plaintiff No. 1, to be the consignee. The entire bale of cloth was lost in transit and could not be delivered to the plaintiffs. It is alleged by the plaintiffs that this n...
Tag this Judgment!Adhikari Rama Chandra Das Vs. Bhramarbar Naik and ors.
Court: Orissa
Decided on: Aug-23-1973
Reported in: AIR1974Ori6
R.N. Misra, J.1. This is an application for a writ of certiorari directed against the appellate order of the District Judge of Puri made under Section 38 (4) of the Orissa Grama Panchayat Act. 1964 (1 of 1965) ((hereinafter referred to as tine Act). In June 1970 election for the office of the Sarpanch of the Dhanakera Grama Panchayat in the district of Puri was held. The petitioner and the opposite party No. 1 contested the said election. The petitioner having secured the highest number of votes was declared elected as Sarpanch on 29-6-1970 by the Election Officer. The opposite party No. 1 filed an election petition under Section 30 of the Act challenging the petitioner's election on the ground that the election was void as the petitioner's name was not on the elector? roll of the Dhanakera Grama Panchayat on the date appointed for receiving objections for correcting the electoral list of the Grama Panchayat and that the petitioner was a permanent resident of Puri town and he could not...
Tag this Judgment!Nira Dei Vs. Sadasiba Mahanta and ors.
Court: Orissa
Decided on: Aug-20-1973
Reported in: AIR1974Ori165; 39(1973)CLT1164
S.K. Ray, J. 1. This appeal is by the plaintiff and is directed against the confirming decision of the lower Appellate Court. 2. The plaintiff brought the suit for partition of the suit properties mentioned in Schedule 'Kha' in the plaint by metes and bounds. Plaintiff and defendants 1 to 7 are members of one family as would be seen from the following genealogy :-- JAGANATH | ________________________________|__________________________ | | | sitaram Haguru Lakshan | | __________|_______________ | | | | Sadarsan Lalmohan | (D.1) | | | _______________|_____________ | Sadananla | | | | D.2 D.3 D.4 | ____________|_____________________ | | | Mira D.6 D.7 (Plff.) (Daughter) (Daughter)It is the admitted case of the parties that this Jaganath Mahanta had two wives. By his first wife he had two sons Gangadhar and Lachman, who had admittedly no interest in the suit properties. Therefore, the suit is to be disposed of having regard to the aforesaidgenealogy only and ignoring two sons of Jaganath ...
Tag this Judgment!Fatechand Agarwal Vs. Commissioner of Wealth-tax.
Court: Orissa
Decided on: Aug-19-1973
Reported in: [1974]97ITR701(Orissa)
G. K. MISRA C.J., - The point of law that was referred to the Tribunal under section 27(3) of the Wealth-tax Act, 1957, is as follows :'Whether, on the facts and circumstances of the case, the date of service of the assessment order on the petitioner should be May 19, 1966, or May 22, 1966?'The question assumes importance on account of the fact that the appeal filed before the Appellate Assistant Commissioner of Wealth-tax has been held to be barred by time. The undisputed facts may be indicated first. The assessment order and the demand notice which were sent simultaneously by the department were served on one Basudeb Agrwal on May 19, 1966. Basudeb Agarwal is a partner in one of the firm where the petitioner is also a partner. Basudeb handed over the assessment order to the petitioner on May 22, 1966. The petitioner preferred the appeal on June 22, 1966. If the assessment order is taken to have been served on the petitioner on May 22, 1966, then the appeal was filed within the prescr...
Tag this Judgment!Endupuni Narasimham Vs. Mahadevram Udimiram and ors.
Court: Orissa
Decided on: Aug-13-1973
Reported in: AIR1974Ori98; 39(1973)CLT1256
S.K. Ray, J.1. Plaintiff has appealed from the reversing decision of the A.D.M. (J.), Berhampur dated 9-8-1969 passed in M. A. No. 2/69 (M.A. No. 7/68 GDCT) dismissing his suit.2. He instituted the suit out of which this second appeal arises for recovery of damages for breach of contract from the defendants, making them jointly and severally liable for the same. The quantum of damage claimed is the sum of Rs. 1,000/- together with interest at the rate of 6 p. c. p. a. pendente lite from the date of the suit till the date of the decree and subsequent interest at the rate of 6 p. c. p. a. from the date of the decree to the date of realisation. The defendants are 5 in number. Defendant No. 1 is the partnership firm represented by defendants 2 to 5. According to the plaintiff, the contract with the defendant' firm came about this way. On 24-10-1965 he made an offer to the defendant's firm to purchase one wagon of 265 bags of ragiat the rate of Rs. 61/- per bag of 83 K. Gs. with new gunny F...
Tag this Judgment!Janata Cinema and anr. Vs. Cineram Private Ltd.
Court: Orissa
Decided on: Aug-10-1973
Reported in: AIR1974Ori101; 39(1973)CLT961
S.K. Ray, J.1. The appellants are the Judgment Debtors in Ex. Case No. 216/70 in the Court of Subordinate Judge, Puri. Respondent obtained an ex parte decree in the Court of Small Causes in Bombay for recovery of a sum of Rupees 2,553.60 p. His claim was based upon a contract entered into between him and the appellants under which the Decree Holder rendered some services to the Judgment Debtors by way of carrying on maintenance work of Janata Cinema Machinery at Puri belonging to the former. The Decree was transferred to the Court of Subordinate Judge, Puri for execution, upon which the aforesaid execution case was instituted. After receiving notice of this execution, the appellants filed an objection petition under Section 47, Civil P.C. objecting to the executability of the decree on some grounds. Thereupon, Misc. Case No. 131 of 1971 was registered. This petition of objection was dismissed by the Subordinate Judge, Puri by his order dated 25-1-1972. Appellants carried an appeal to t...
Tag this Judgment!Debendranath Sarangi Vs. Kulamani Sarangi and ors.
Court: Orissa
Decided on: Aug-10-1973
Reported in: AIR1974Ori166; 39(1973)CLT1005
S.K. Ray, J. 1. This second appeal is by the plaintiffs. Their suit has been dismissed by the courts below. 2. Plaintiffs filed their suit for recovery of the suit land from the possessionof the defendants who had encroached thereupon by constructing a wall and putting up a fence and amalgamating the same with theirown plots, for permanently restraining defendant No. 1 from opening and using the window which he had opened in his wall. 3. The facts which are no longer indispute are the plaintiffs are the owners ofplots Nos. 1451, 1452 and 1453 appertaining to khata No. 48 in mouza Ramkrishnapur. The defendants are the owners of plots Nos. 1437 and 1438 which adjoin respectively plaintiffs plots Nos. 1453 and 1452 to their west. Plaintiffs have their residential houseon plot No. 1453 and the defendants have their residential house on plot No. 1437 to its adjoining west. Plots Nos. 1451 and 1452 which lie to the adjoining north of plot No. 1453 contains the bari of the plaintiffs. Similar...
Tag this Judgment!Subash Chandra Bebarta Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-10-1973
Reported in: 39(1973)CLT1221; 1974CriLJ217
ORDERG.K. Misra, C.J.1. The petitioner is the District Veterinary Officer, Koraput from 10-9-1971. Opposite party No. 2 is the accounts clerk of the District Veterinary Office and the prosecution case is that he was in charge of the cash and maintenance of accounts. On 10-9-1971 the cash balance was verified and there was a cash balance of Rs, 12,612-34 paise. plus Rs. 15-10 paise towards permanent advance in the iron chest. In the meantime the pay, T. A., festival advance and contingencies of the staff were drawn. The cash was being kept in an iron chest with double locking system. The key of the padlocks used to remain with the petitioner and the inner key and the outer key of the iron chest were with opposite party No. 2. The cash was being kept in the inner drawer of the chest. On 21-9-1971 the petitioner checked the cash which was intact to the tune of Rs. 15,554-03 paise. On 6-10-1971 the office opened after the Puja holidays. The petitioner told opposite party No. 2 (that he wou...
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