Court : Orissa
Reported in : AIR1975Ori18; 40(1974)CLT794
R.N. Misra, J. 1. The petitioner is a public limited company. It acquired217.76 acres of Anabadi lands in September, 1952, on lease basis from Sir S. M. Bose, the ex-intermediary. These lands are located in mauzas Kapaleswarpur and Chhatisa on the other side of the river Mahanadi. In 1958, the company again acquired a little more than twelve acres of Anabadi lands from the same ex-intermediary. Proceedings were taken for settlement of rent under the Orissa Survery and Settlement Act. 1958 (Orissa Act 3 of 1959) (hereinafter referred to as the 'Act') and in all five cases were registered for the purpose. The Assistant Settlement Officer in charge of Rent Settlement (opposite party No. 3) assessed the rent per acre at the rate of Rs. 250 for the lands within the Chhatisa mauza and at the rate of Rs. 200 per acre within Kapaleswarpur. The petitioner challenged the aforesaid fixation of rent as arbitrary before the appellate authority. The Settlement Officer (appellate authority-opposite p...
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori205; 40(1974)CLT681
R.N. Misra, J. 1. The petitioner is a transport operator of the district of Balasore and owns three stage carriages bearing registration numbers ORB 101, ORB 565 and ORB 1067. These stage carriage vehicles have permits issued by the Regional Transport Authority of Balasore. For the first vehicle the petitioner has a live permit up to 3-10-1974, while for the other two vehicles, the permanent stage carriage permits have expired on 11-11-1973, during the pendency of this application and it is not known as to what happened thereafter. Rule 65-C of the Orissa Motor Vehicles Rules, 1940 (hereafter referred to as the Rules) introduced by amendment with effect from 16-7-71, provides : 'The Regional Transport Authority may attach to a permit for a stage carriage or a contract carriage the condition that a motor vehicle in order to operate under such a permit shall not be morethan 10 years old from its year of manufacture.'Relying upon the said Rule, the Regional Transport Authority of Balasore...
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori202; 40(1974)CLT1088
R.N. Misra. J.1. This is an application for a writ of certiorari directed against the appellate order of the State Transport Appellate Tribunal (opposite party No. 2).2. On the Sambalpur-Kuchinda road lying within the district of Sambal-pur under the jurisdiction of the Transport Authority (opposite party No. 3) a vacancy was caused on account of an old operator (Sri Purohit) ceasing to ply his vehicle. Steps were taken by the Transport Authority to fill up the vacancy and the petitioner was granted the permit.The opposite party No. 1 who was a competing applicant appealed to the Appellate Authority (opposite party No. 2) against the rejection of his application. He mainly contended that the R. T. A. (opposite party No. 3) was bound to limit the number of stage carriages on the route before the permit could be granted. He also disputed the grounds provided by the Transport Authority for preferring the petitioner to him.The Appellate Authority was of the view that determination by the R...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori90
S.K. Ray, J.1. The petitioner is a Company registered under the Indian Companies Act, 1913. Its main business is manufacture of paper. It wanted to set up a Paper Mill at Chaudwar and needed land for that purpose. So it applied to the Government of Orissa for land and the latter agreed to acquire land for it and took recourse to the provisions of the Orissa Development of Industries Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act 18 of 19481 (hereinafter called the Act) for speedy acquisition of land by issuing a notification under Section 2 (c) of the Act declaring the project of setting up of a Paper Mill at Chaudwar to be included within, the expression 'Development of Industries', for the purpose of invoking the provisions of the Act. The Government in the Revenue Department then issued a Notification No. 5873-XVII-209/ 55-D dated the 19th August, 1955 under Section 3 (1) of the Act stating that 541.05 acres were...
Tag this Judgment!Court : Orissa
Reported in : [1976]102ITR776(Orissa)
R.N. Misra, J.1. The petitioner, an assessee under the Income-tax Act of 1961, made an application to the Appellate Tribunal under the Act for making a reference to this court as provided under Section 256(1) thereof. The second appellate order was claimed to have been served on March 6, 1972, and since an application under Section 256(1) lies if filed within 60 days thereof, the application for reference filed on May 5, 1972, was claimed to be in time. The Tribunal found that the appellate order had been sent by registered post with acknowledgment due and the receipt furnished by the assessee showed the date of service of the appellate order as March 4, 1972. The assessee took the stand that an erroneous date had been put inadvertently and the actual date of service was March 6, 1972. In support of his stand he obtained a certificate from the Postmaster of the serving post office and filed it before the Tribunal. The Tribunal without instituting any further enquiry thought it appropri...
Tag this Judgment!Court : Orissa
Reported in : 40(1974)CLT711; 1975CriLJ1399
ORDERR.N. Misra, J.1. The learned Additional Sessions Judge, Sundargarh has made this reference under Section 438, Cr, P. C. for quashing the decision of a Magistrate First Class, Rourkela in a G. R. Case.2. The prosecution alleged that P.W. 2 Sabitri and her husband Arun (P.W. 4) were sleeping in a room which had no door leaves in their house at(sic) Gopabandhupalli nearabout Rourkela in the district of Sundargarh in the night of 15/18-9-72. At about midnight the accused entered into the room, caught hold of P.W. 2's right hand and dragged her making certain sexual overtures. She resented it, raised hulla and gave one or two slaps to the accused. P.W. 4 got up from sleep, caught hold of the accused, tied him with a rope with the help of others and lodged first information report.The accused was sent up for trial under Sections 451 and 354, I.P.C. At the trial both the husband and the wife as also two other local witnesses being P.Ws. 1 and 3 were examined to support the prosecution ca...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori55; 40(1974)CLT715
K.B. Panda, J. 1. The two plaintiffs who are son and mother respectively are in appeal against the order oi the Subordinate Judge, Navasarh dt. 28-8-1971 dismissing their suit for partition and giving possession of their 1/4th share in the ancestral properties as per schedule 'Ka' in the plaint, with certain incidental reliefs. 2. Admittedly, Sahadeb Naik, plaintiff No. 1. is the son of Raghunath Naik who is the natural son of Lingaraj Balabantrai, defendant No. 1, Plaintiff No. 2 is the mother of plaintiff No. 1 and widow of Raghunath. Defendant No. 2 is an agnatilc brother of defendant No. 1. They come from the common ancestor, one Arta. Schedule 'Ka' properties are the ancestral properties of the two branches, viz. defendant No. 1 and defendant No. 2. During the pendency of the appeal defendant No. 2 has died and his sons have been brought on record as legal representatives. Defendant No. 1 also died during the pendency of the appeal and a petition has been filed bringing to the not...
Tag this Judgment!Court : Orissa
Reported in : (1975)ILLJ77Ori
R.N. Misra, J.1. This is an application for a writ of certiorari by the employer challenging the order of the Industrial Tribunal dated 17-7-72, rejecting the application of the employer under Section 33(2)(b) of the Industrial Disputes Act of 1947 (hereinafter referred to as the Act).2. The Bhaskar Textile Mills limited carries on its operation at Jharsuguda in the district of Sambalpur and round the clock in three shifts the manufacturing process is engaged. The opposite party workman was working in the 3rd shift as a simplex tenter. He was charge-sheeted for deliberate negligence in duty. In the domestic enquiry charges were found to have been established. Accordingly an application was made under Section 33(2)(b) of the Act for approval of the managements' action in dismissing the workman from employment.3. The Industrial Tribunal came to find that the domestic enquiry had been conducted fairly and properly and was also in accordance with the principles of natural justice. It, howe...
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori207; 40(1974)CLT663
K.B. Panda, J. 1. On 6-11-66 a boyaged about 7-8 years named Babula Bhoi studying in class I of Gopalpur, U. P. School, met with a truck accident as a result of which he received multiple injuries. The skin and the flesh of the two thighs were ripped open and the bone of the right thigh was fractured. In a senseless condition he was admitted into the S. C. B. Medical College Hospital, Cuttack where he remained in that unconscious state for certain days. In course of the treatment the injured developed various complications, ran high temperature which persisted, the fracture was plastered with screws, and finally he was discharged on 4-1-67. Atthat time he had not fully recovered and the plasters were still on. His father (P.W. 1) laid a claim for Rs. 16,000 as compensation impleading the owner of the truck (opposite party No. 1) and the Insurance Company (opposite party No. 2) with whom the vehicle bearing No. ORP 1292, a Bedford truck, belonging to opposite party No. 1 had been insure...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori20; 40(1974)CLT701
G.K. Misra, C.J. 1. The petitioner filed Title Suit No. 8 of 1971 in forma pauperis against the opposite party in the court of the Subordinate Judge, Rayagada, for recovery of past and future maintenance claiming herself as the legally married wife of the opposite party. The suit was dismissed on 27-3-1973 on the finding that the petitioner was not the legally married wife of the opposite party though admittedly she was his concubine. The petitioner filed a First Appeal in this Court on 3-7-1973 under Order 44, Rule 1, C.P.C. Along with the grounds of appeal she filed two applications -- one for allowing her to prosecute the appeal in forma pauperis and the other to permit her to present the application and the memorandum of appeal through her Advocates in whose favour she had executed Vakalatnama. The last application was sworn to by the petitioner by an affidavit on 25th of June, 1373 at Raya-gada. The office took objection that the presentation was not valid under Order 44, Rule 1 r...
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