Orissa Court April 1974 Judgments
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Rasbehary Mohanty Vs. Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Apr-16-1974
Reported in: 40(1974)CLT607; (1974)IILLJ222Ori
R.N. Misra, J.1. The petitioner was employed in the State Transport Service of Orissa as a conductor and was actually posted under the direct control of the District Transport Manager, Rourkela (opposite party No. 2). He was discharged from service with effect from 4th August, 1969. An industrial dispute was raised before the District Labour Officer-cum-Conciliation Officer, Rourkeh. On 29th April, 1970, the management represented by the opposite party No. 2 and the union representing the petitioner agreed that the dispute arising out of the discharge from service of the petitioner be referred for arbitration of Shri L. Misra, I.A.S., who was then working as Deputy Labour Commissioner, Rourkela. In the midst of the arbitration proceeding, Shri L. Misra was transferred from Rourkela to Bhubaneswar and his new assignment was as Director, Export Promotion and Marketing (Ex-Officio Deputy Secretary to Government in the Industries Department). After Shri Misra joined his new assignment he c...
Chitra Choudhuriani Vs. Smt. Padhanuni and ors.
Court: Orissa
Decided on: Apr-15-1974
Reported in: AIR1975Ori24
G.K. Misra, C.J. 1. Plaintiff's case may be stated in short. The disputed properties of 7.69 acres and 5.40 acres which are not the subject-matter of the suit belonged to Agadhu Padhan who died in 1038 leaving behind him his widow Bhanu who died in 1955 and four daughters Chitra (plaintiff), Srimati (defendant No. 1); Kesiri (defendant No. 2) and Ketaki (defendant No. 5). Defendant No. 2 lived with Bhanu with her husband and children as she was poor. After Bhanu's death, the aforesaid 5 acres and odd were partitioned amongst the four daughters but the disputed properties had not been partitioned. Plaintiff's husband was in management of the disputed properties. There was a proceeding under Section 145, Cr. P. C. in M. C. Case No, 198 of 1963 between the husband of the plaintiff on one side and defendants 3 and 4 on the other It terminated in favour of defendants 3 and 4 by an order (Ext. G) on 3-1-1964. In that proceeding it was disclosed for the first time by defendants 3 and 4 that d...
Brajamohan Sabato Vs. Sarojini Panigrahi and anr.
Court: Orissa
Decided on: Apr-15-1974
Reported in: AIR1975Ori39; 40(1974)CLT746
S.K. Ray, J.1. This appeal is by the plaintiff from the reversing decision of the lower appellate court. To understand the plaintiff's case it is necessary to set out a short genealogy. ARTA SABOTO ______________________|_________________________ | | | Godabari Adikanda Kasi Viswanath (died 1945) (D.2) = Wife Dhani =(W) (D.1) Chandrabati | (Guardian) Sarojini | (daughter) Brajamohan (plff)In the year 1956 there was a partition of the joint family properties and in evidence thereof a deed of partition dated 11-1-56 was registered. Defendant 1 also adopted the plaintiff on 10-1-56 and executed and registered a deed of partition on 11-1-56. In the year 1962, defendant No. 1 filed a suit, T. S. No. 2/62, for declaration that the plaintiff was not her adopted son. The plaintiff a minor then, contested the suit represented by his natural father, defendant No. 2. That suit was decreed on 13-4-63 and defendant No. 2 filed an appeal therefrom beyond. the period of limitation of 30 days provided...
Sadhu Charan Panda Vs. Mahani Tripathy and anr.
Court: Orissa
Decided on: Apr-15-1974
Reported in: 40(1974)CLT577; 1974CriLJ1120
S. Acharya, J.1. This is an appeal under Section 417 (3), Criminal P. C., 1898 against the order of acquittal passed by the Sub- I.C.C. 140/68 Divisional Magistrate, Jajpur in 665 T/68.2. The prosecution case, in short, is that on 2-3-1968 at about 9 A. M. the accused persons along with many others forcibly entered into the shop-house of the complainant (P. W. 1) by breaking open its lock, and took away therefrom certain grocery articles worth Rs. 500/-. On the above allegation the two accused persons (respondents herein) were charged for an offence under Section 380, I. P. C.3. The defence plea is that a false case has been foisted against them due to enmity between the accused persons and the complainant. They further state that the complainant did not have any shop in the house in question and that the complainant who is a quarrelsome and obstinate man has filed this false case as his adopted son Rama-chandra Panda, with whom the complainant has fallen out, took shelter in the house...
The State of Orissa Vs. Nityananda Majhi and anr.
Court: Orissa
Decided on: Apr-09-1974
Reported in: AIR1975Ori23; 40(1974)CLT559
Acharya, J. 1. This is an appeal against the order dated 31-8-66 passed by Sri B Misra, Subordinate Judge, Sambalpur in Misc. Case No. 24/37 of 1963-65 assessing compensation for the land belonging to the appellant, acquired under the Land Acquisition Act (hereinafter referred to as the Act), in the following manner:-- (i) Value of the entire property--Rs. 1,76,647.50; (ii) 15 per cent extra for the compulsory acquisition on the above value; and (iii) 6 per cent interest as permissible under Section 28 of the Land Acquisition Act. In fixing the value of the land as shown in item No. 1 above the court below has included therein 15 per cent of the market value as the potential value of the said land. The property acquired is 0.93 acres of land with an old building standing thereon in Municipal Holding No. 12 in Patnaik Para in Sambalpur Town. The property was acquired ley Government Notification No. 44498/R. dated 25-9-62 for the Lady Lewis Girls' High School. The Collector under the A...
The Workmen of Orissa State Transport Corporation Ltd. Vs. Orissa Stat ...
Court: Orissa
Decided on: Apr-09-1974
Reported in: 40(1974)CLT693; (1975)ILLJ11Ori
R.N. Misra, J.1. The Orissa State Commercial Transport Corporation Employees' Union has asked for a writ of certiorari/mandamus to quash the appellate orders under the Industrial Employment (Standing Orders) Act, 1946 (hereafter referred to as the 'Act' in regard to the certification of the standing orders.2. The Orissa State Commercial Transport Corporation Limited is a Government of Orissa Undertaking. The workmen employed under the Corporation have formed themselves into a recognized union. The draft standing orders were submitted to the Certifying Officer by the Corporation as required under Section 3 of the Act and the union submitted its objections. After hearing both parties the Certifying Officer made certain modifications in the draft standing orders and forwarded the same to the parties after authentication. The union preferred an appeal under Section 6 of the Act before the Labour Court, Orissa, challenging certain provisions. A copy of the memorandum of appeal has been furn...
Prakash Chandra Senapati Vs. District Magistrate and anr.
Court: Orissa
Decided on: Apr-09-1974
Reported in: 40(1974)CLT749; 1975CriLJ560
R.N. Misra, J.1. The petitioner challenges the order of his detention passed by the District Magistrate of Balasore in exercise of powers conferred under Sub-clauses (ii) and (iii) of Clause (a) of Sub-section (i) of Section 3 of the Maintenance of Internal Security Act, 26 of 1971 (hereafter referred to as-the 'Act') on 30th November 1973.2. The petitioner is a resident of a village lying on the outskirts of the town of Balasore. On analysis, the grounds of detention appear to be the petitioner's indulging in acts prejudicial to the maintenance of public order as also of supplies essential to the community. In the Hindustan Standard, a newspaper published from Calcutta dated 5th of February, 1973, a leading article entitled 'Doctors from Orissa' was published. An anti-Bengali agitation spread in the district of Balasore for a few days following the said publication. The-petitioner is said to have indulged in a series of activities as per the following particulars:(1) On 15-2-1973, a l...
State Vs. Satyabadi Jena
Court: Orissa
Decided on: Apr-05-1974
Reported in: 40(1974)CLT544; 1974CriLJ879
S. Acharya, J.1. This is an appeal against a judgment of acquittal passed in Criminal Appeal No. 207-C of 1970 dated 23-4-1971 by the Additional Sessions Judge. Cuttack, The accused (Respondent herein) was prosecuted under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and Rule 23 of the Prevention of Food Adulteration Rules. In the trial court he was convicted to R. I. for six months and to pay a fine of Rs. 100/-. in default, to undergo R. I. for three months, but was acquitted in appeal as stated above.2. The prosecution case against the accused was that on 24-5-1965 P.W. 3. the Food Inspector visited a bakery known as the New Orissa Bakery at Cuttack and found that some cakes were kept stored there for sale for human consumption in a tin tray in that bakery. As P.W. 3 suspected those cakes to be adulterated he purchased 1.500 Grams of the same as sample on payment of its price. Thereafter, he divided the said sample into three equal parts and kep...
Harekrishna Sahu and anr. Vs. Bhagirathi Sahu and ors.
Court: Orissa
Decided on: Apr-03-1974
Reported in: AIR1975Ori97
K.B. Panda, J.1. The original plaintiff-appellant, now dead and substituted by his legal representatives, lost his suit for partition of his half share in the disputed 52.031/2 acres of land described in Schedule 'Kha' of the plaint.2. The admitted genealogy is that one Naran Sahu had three sons, namely, Jagabandhu, Madhaba and Sadhu in order. The deceased plaintiff Chandra Sekhar is the son of Madhab. The contesting defendant No. 1. Bhagirathi is the son of Jagabandhu. The third son Sadhu died issueless while joint with his brothers. The plaintiff's father Madhaba died after Sadhu. Jagabandhu the father of defendant No. 1 therefore being the eldest member of the family was the Karta and after him defendant No. 1 became the Karta. Other defendants (Nos. 2 to 4) are the sons of defendant No. 1.3. The plaintiff's case was that the 'Kha' schedule properties are all joint family properties though acquired mostly in the names of defendant No. 1. Some are also in the names of plaintiff's wif...
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