Orissa Court December 1974 Judgments
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Padma Charan Behera and ors. Vs. Prafulla Chandra Naik and ors.
Court: Orissa
Decided on: Dec-20-1974
Reported in: 1975CriLJ1190
G.K. Misra, C.J.1. Petitioners along with Opposite Parties 11 and 12 are members of the second party in a proceeding under Section 145, Criminal Procedure Code. Opposite Parties 1 to 10 are members of the first party. Disputed lands constitute 11.07 acres. The plot numbers in the Current Settlement (1930) with corresponding plot numbers in R. S. (1911) and running settlement (1965) are given hereunder:-----------------------------------------------------R.S Current Settlement Bunning Settlement (1911) (1930) (1965)-----------------------------------------------------Plot No. Plot No. Plot No.235 242 264255 300 359328 119 & 120 260 A 261379 448 504240 279 302 & 384-----------------------------------------------------In the impugned order C. S. Plot numbers have been given. The first Party members in their written statement have indicated the corresponding plot numbers in the three settlements, Sri Suresh Chandra Mohanty, an Advocate, who knows survey relaid the Revision and Current Sett...
Sakati Narayan Vs. Bhasani Lachu and anr.
Court: Orissa
Decided on: Dec-13-1974
Reported in: 1975CriLJ995
ORDERG.K. Misra, C.J.1. There was a Postal Savings Bank Account in the Sub Post Office at Parlakhemundi in the name of one S. Appalswamy. He was seriously ill from 5-10-1969 and ultimately died on 25-2-1970. On 29-11-1969 the accused persons withdrew Rs. 4,000/- from his Savings Bank Account by forging the withdrawal application. Accused B. Lachu is the sister of the deceased wife of Ap-palswamy. Accused Rama Rao is a mail peon in the Parlakhemundi Sub-post Of-1 fice. S. Narayana, brother of deceased Appalaswamy, lodged F, I, R. on 10-9-1971 in the 'Parlakhemundi police station for offences under Sections 120B, 406 and 467, Indian Penal Code. On 20-12-1971 police submitted final report. S. Narayana filed a protest petition on 23-12-1971 which was treated as a complaint. The Sub-Divisional Magistrate, Parlakh-mundi recorded the initial statement of the complainant on 3-1-1972 and took cognisance under Sections 406/34 and 467/34, Indian Penal Code and issued summons to the accused person...
Saura Bauri and ors. Vs. Subudhi Laxminarayana and ors.
Court: Orissa
Decided on: Dec-10-1974
Reported in: AIR1975Ori165
ORDERG.K. Misra, C.J. 1. Plaintiffs' suit was for declaration of title and recovery of possession of disputed lands fully described in the schedule attached to the plaint. Their case is thatthey and their ancestors have been enjoying the Sands long since, and defendants 1 to 4 have no right, title and interest in the disputed lands. Taking advantage of a wrong entry in the record of rights these defendants trespassed upon the disputed lands in 1962. The suit was filed in 1967 seeking declaration of title and recovery of possession and other reliefs. Defendants 1 to 4 contested the suit alleging that they have been in possession of the disputed lands from 1951 onwards and they have acquired title by adverse possession. They do not claim any independent title apart from adverse possession. 2. The trial court recorded the following findings :-- (1) Defendants 1 to 4 are in possession of the disputed lands from 1951 (1961?); (2) Plaintiffs were in possession of the disputed lands from 194...
Chunnilal Rathor Vs. Presiding Officer, Industrial Tribunal and anr.
Court: Orissa
Decided on: Dec-04-1974
Reported in: (1976)ILLJ153Ori
S.K. Ray, J.1. The petitioner was working as a senior mixerman under M/s. Hindustan Steel Ltd., Rourkela. He was charge-sheeted on 27/28-2-1970 for committing various acts of theft, fraud and dishonesty, namely, that on 17-2-1970 at about 3.45 P.M. he removed unauthorisedly six numbers of hand-shovels used for manual cleaning (belcha) of the company from the steel almirah of mixer section which was kept on ' O ' metre platform in No. 3 mixer area (in between ladle drier and staircase) with the intention of making gain and there-by committed a gross misconduct as per Standing Order Clause No. 28(ii). The charge sheet is Annexure-1, He was given seven days' time to submit his explanation as to why disciplinary action should not' be taken against him. The petitioner submitted his explanation on 7th March, 1970 denying the charges. Again on 4-4-70 he was charge-sheeted for refusing to operate mixer No. 1 and for misbehaving and abusing the foreman in abusive and filthy language which amoun...
Jadab Chandra Pradhan Vs. Smt. Kausalya Pradhan
Court: Orissa
Decided on: Dec-04-1974
Reported in: 1975CriLJ856
ORDERG.K. Misra, C.J.1. Kausalya (opposite party) is the wife of Jadab Chandra Pradhart. (petitioner). She filed an application on 29-11-1972 for maintenance at the rate of Rs. 400/- ,per month under Section 488 of the Code of Criminal Procedure. 1898. Her case is. that about seven to eight years-back the (petitioner kept Sulochana Dei as a mistress and diverted his love towards her. He gradually neglected the-opposite partv who was not given due-respect and status as a house-wife. She-was assaulted and abused in filthy language under the influence of his mistress. He was a man of means and had sufficient capacity to pav maintenance at the-rate of Rs. 40Q/- pe-r month to her.The petitioner filed a written statement. He asserted that he did not neglect or refuse to maintain the ODDosite' party and that he did not assault or abuse her. The allegation in paragraph 2 of the petition for maintenance that the-husband accepted mistress named Sulo-chiana Dei was not controverted in the-written...
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