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Orissa Court July 1974 Judgments

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Jul 08 1974

Workmen of Dandakaranya Project Vs. the Dandakaranya Development Autho ...

Court: Orissa

Decided on: Jul-08-1974

Reported in: (1975)ILLJ121Ori

R.N. Misra, J.1. The workmen of the Dandakaranya Project through two registered unions being the Rehabilitation Employees' Union and the Dandakaranya Shramik Sangh are the petitioners challenging the decision of the Union Government conveyed under Annexure 5 that the Industrial Disputes Act, 1947, does not apply to any of the departments of the project. According to the petitioners the president of one of the unions was informed in January, 1969, by the Regional Labour Commissioner (Central), Bhubaneswar (opposite party No. 4) that the appropriate Government in respect of the project is the State Government and as such for conciliation and claim for other reliefs under the Industrial Disputes Act, the machinery of the State Government has to be moved Annexure 1. In May, 1969, the same authority informed the said union.-On being taken up with the higher authorities the matter was re-examined and it has now been decided that since the Dandakaranya Development Project is a departmental un...


Jul 05 1974

Regional Transport Authority Vs. Purna Chandra Agrawala and ors.

Court: Orissa

Decided on: Jul-05-1974

Reported in: AIR1975Ori3

R.N. Misra, J. 1. The Regional Transport Authority, Phulbani is the petitioner and this application is directed against the appellate order under Section, 64 or the Motor Vehicles Act (hereinafter referred to as the Act) passed by the opposite party No. 3. The opposite party No. 1, the owner of a stage carriage vehicle more than ten years old by the time an application for a temporary permit in respect of the vehicle was made to the Transport Authority, Sled an appeal before the opposite party No. 3 aggrieved by the rejection of the application by the petitioner Transport Authority on the ground that the stage carriage in respect of which the temporary permit had been asked for was more than ten years old and, therefore, in terms of Rule 65-C of the Orissa Motor Vehicles Rules which the Transport Authority had adopted by resolution sometime in 1971, the stage carriage was not entitled to a temporary permit. Before the appellate authority the learned standing counsel appearing for the p...


Jul 04 1974

Nityananda Bharati Vs. Orissa Co-operative Insurance Society Ltd.

Court: Orissa

Decided on: Jul-04-1974

Reported in: AIR1975Ori1; 40(1974)CLT1053

R.N. Misra, J. 1. The defendant is in appeal against the reversing decree of the learned Additional District judge, Guttack, in a suit for title, permanent injunction and recovery of damages. 2. The disputed property is locatedin the close vicinity of this Court. Admittedly once upon a time the property belonged to the members of the Basil family of Calcutta. On 22-6-1949, some members of that family sold the property under registered sale deed (Ex. 2) to the Orissa Cotton Mills Limited and under another registered sale deed dated 20th of March, 1963--Ext. 1, the Orissa Cotton Mills Limited sold the property to the plaintiff--the Orissa Co-operative Insurance Society, Limited. The plaintiff-Society filed the suit on 28th of February, 1969, for declaration of title, permanent injunction, recovery of damages and other ancillary reliefs. The subject-matter of the suit was described to be a small room measuring about 11 ft. x 7 ft. along with its walls constituted in and forming a part of ...


Jul 02 1974

Mathew Aymanithal Vs. Collector and ors.

Court: Orissa

Decided on: Jul-02-1974

Reported in: AIR1975Ori4; 40(1974)CLT1025

R.N. Misra, J. 1. This is an application for a writ of certiorari directed against the order of the Subdivisional Officer, Khon-damals (Opposite party No. 2) passed under Section 60 of the Khondmals Laws Regulation 1936 (hereinafter referred to as the 'Regulation', as also the order of the Collector, Phulbani (Opposite party No. 1), in appeal against the former order. 2. One Sidheswar Mallik a member of the Scheduled Tribes was a joint owner of certain lands along with four co-sharers and obtained transfer of the interest of the co-sharers in his favour. Sidheswar applied for permission to the opposite party No. 2 for alienation of the property now in dispute in favour of the petitioner and permission was accorded in May 1968, vide An-nexure-2. The petitioner claims that the sale took place thereafter and he was put into possession. Opposite parties 3 to 4 were set up by some enemies of the petitioner and applied to the Sub-divisional Officer (opposite party No. 2) under Section 60 of ...


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