Orissa Court February 1975 Judgments
Bikram Kishore Parida and ors. Vs. Benudhar Jena
Court: Orissa
Decided on: Feb-28-1975
Reported in: AIR1976Ori4
Das, J. 1. Plaintiff's case may be stated in short. Plaintiffs and defendant No. 1 were well acquainted with one another since a long time and they proposed to start a foundry business under the Pilot Project Scheme of the Government of Orissa. In pursuance of that they agreed to start a company under the name and style of 'Utkal Foundry and Engineering Co.' The Government insisted that there would be difficulty in having a number of partners from private entrepreneurs. Accordingly, an agreement was entered into by the plaintiff and the defendant No. 1. The essential terms were that the name of the defendant No. 1 would be shown as the private entrepreneur, but the money for the shares was to be advanced by the plaintiffs; defendant No. 1 shall transfer 26, 250 shares out of 35,000 shares ostensibly held in his name; each of the plaintiffs and defendant No. 1 would have 1/4th interest in the shares standing in the name of defendant No. 1. Plaintiffs would invest according to their abil...
Tag this Judgment!Utkal Automobiles (P) Ltd. Vs. Biraja Prasad Roy
Court: Orissa
Decided on: Feb-28-1975
Reported in: AIR1976Ori15
Das, J. 1. Plaintiff filed the suit for recovery of damages of Rs. 9,300/- from the defendant at the rate of Rs. 300/- per month from 24-12-1961 to 20-7-1964 for non-supply of a truck in time. Plaintiffs case may be stated in brief. He is 'A' Class contractor executing works under the State Government and was in urgent need of 2 trucks for his business. Defendant is the dealer of Tata Mercedes Benz trucks (hereinafter called the TMB trucks). Plaintiff placed orders with defendant for supply of 2 TMB trucks of 1.312/42-165 wheel base modeland payment was to be made on delivery of the truck. Defendant acknowledged receipt of plaintiff's anplication and registered his name allotting him serial number C-195 and C-196. Plaintiff also deposited Rs. 2,000/- for each truck in the State Bank of India as guarantee. Plaintiff moved the State Government through Chief Engineer for delivery of the trucks to him on priority basis. Government sanctioned delivery on priority basis and the manufacturer ...
Tag this Judgment!Management of Messrs Orissa Oil Industries Limited Vs. Presiding Offic ...
Court: Orissa
Decided on: Feb-28-1975
Reported in: (1975)IILLJ523Ori
R.N. Misra, J.1. This is an application for a writ of ceriorari asking for quashing the award in Industrial Dispute Case No. 8 of 1973 given by the Labour Court of Orissa.2. The State Government referred the following dispute for adjudication:Whether termination of employment of Sri Ramesh Chandra Meher, workman (opposite party No. 2), with effect from 2-8-1972 by the Management of Orissa Oil Industries, Kairangnur Mayurbhanj, is legal or justified? If not, to what relief he is entitledThe workman claimed that he was employed as an electrician with effect from 12-5-1971 on a monthly salary of Rs. 150, Suddenly on 2-8-1972 he was served with a notice of termination of service on false allegations that after the erection work of the factory had been completed, his services were no more required. He claimed that he was a permanent hand and completion of the erection work had nothing to do with his service. Conciliation proceedings were taken and a failure report was submitted by the conci...
Tag this Judgment!Sachidananda Misra Vs. Executive Engineer, Earth Dam Division Balimela ...
Court: Orissa
Decided on: Feb-27-1975
Reported in: AIR1975Ori203
Mohanti, J. 1. The relevant facts are as follows:-- The State of Orissa had undertaken the construction of the Balimela Dam Project in Koraput District and the appellant had entered into a contract with the respondents to execute the work styled as 'Excavation of Drainage Channel at Dyke III'. The agreement was executed on 18-3-1965. Differences having arisen between the parties both as to the rates payable to the appellant and the quantum of work done and also about the interpretation of the agreement, the work could not be proceeded with. Res-pondent No. 1 having terminated the contract the appellant felt aggrieved by the loss suffered by him. As the agreement provided for the appointment of a sole arbitrator of the rank of a Superintending Engineer, the appellant requested the Chief Engineer by an application dated 1-8-1967 to appoint an arbitrator. As no such appointment wag made, the appellant filed a petition under S. 20 of the Indian Arbitration Act in the court of the Subordina...
Tag this Judgment!Krushna Kumar Modi Vs. District Magistrate
Court: Orissa
Decided on: Feb-25-1975
Reported in: 1975CriLJ1179
R.N. Misra, J.1. This is an application for a writ of habeas corpus challenging the order of detention passed by the District Magistrate, Sundargarh (Opposite Party) on 8th of January, 1975, in : exercise of powers vested in the detaining authority under Section 3 (2) (a) read with Section 3 (1) (a) (iii) of the Maintenance-of Internal Security Act, 1971 (hereinafter referred to as the 'Act'),2. On 11-1-1975, the following : ground was communicated to the detenu in support of the order of detention:During investigation of K. Balang P. S. Case No. 28 dated 19-5-1974 it has been ascertained that 624 pieces of electronic copper bars were loaded in Wagon No. 61114 on 5-3-1974 at Ghatsila I. C. C. siding and was despatched from Ghatsila on 21-3-1974 by E/591 Up Train. The wagon reached Janishedpur by the same train in the same night from where it, was despatched by R/581 Up Train on 24-3-1974. From both these stations the wagons bore label mark 'Ghatsila to Katni'. The wagon was received at...
Tag this Judgment!Braja Sundar Das Vs. Union of India (Uoi)
Court: Orissa
Decided on: Feb-21-1975
Reported in: (1976)ILLJ362Ori
R.N. Misra, J.1. This is an application for a writ of certiorari directed against the order dated 21st February, 1972 passed by the department of Labour and Employment, Government of India declining to refer a dispute for adjudication of the Appellate Tribunal under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947.2. The petitioner was first employed as an agent by the National Insurance Company Limited. In October, 1969 he came to be appointed as an inspector under the same company and was assigned the duties of recruitment of field agents within the Cuttack district, give them proper directions, control their activities and organise the business of the company within the said area. He was also to attend to the processing of claims and was occasionally required to maintain records, preparation of cover journals, cover notes, certificates, etc. His remuneration was Rs. 175 per month. Some time after the petitioner fell out with the management and his services ...
Tag this Judgment!Collector Vs. Chandrama Das and ors.
Court: Orissa
Decided on: Feb-18-1975
Reported in: AIR1975Ori205
Misra, C.J.1. First Appeal No. 89 of 1971 arises out of Money Suit No. 46 of 1970 and First Appeal No. 90 of1971 arises out of Money Suit No. 47 of 1970. Both the suits were analogously tried in the court of the Subordinate Judge, Berhampur, as they arise out of the same facts. These two appeals have been analogously heard by us.2. In Money Suit No. 47 of 1970, plaintiff No. 1 is the widow, plaintiffs 2 and 3 are the sons and plaintiffs 4 and 5 are the daughters of deceased Nirakar Sahu. In Money Suit No. 46 of 1970 plaintiff No. 1 is the widow and plaintiffs 2 and 3 are the sons of deceased Suma Das. Nirakar Sahu and Suma Das died in the morning of 5-9-1969 as a result of the fall of the southern cantilever portico slab of the out-patient block of the Maharaja Krishna Chandra Gajapati Medical College Hospital. Berhampur Plaintiffs in both the suits have claimed compensation from the State of Orissa.Nirakar Sahu was the Cashier in the office of the Superintending Engineer, Electrical, ...
Tag this Judgment!Teja Singh Vs. Additional District Magistrate (Executive) and ors.
Court: Orissa
Decided on: Feb-14-1975
Reported in: AIR1976Ori11
G.K. Misra, C.J. 1. At the instance of the Assistant Settlement Officer, Tribal and Rural Welfare Department, a proceeding under Rule 3 of the Orissa Schedule Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Orissa Regulation No. 2 of 1956) (hereinafter to be referred to as the Regulation) was initiated. The AssisantSettlement Officer (opposite party No. 3) in his report dated 12-4-1966 found that 0.18 acre of land belonged to Chamara Oram in holding No, 17 Plot No. 935 in village Durjapur in the district of Sundargarh. This land was given to Teja Singh on lease. A notice was issued to the parties interested in the land. In response to the notice Temba Oram, Etue Oram, Buda Oram, Chot Lundia Oram and Goinda Oram appeared. Chamara Oram had two sons--Goinda and Biru. Temba Oram is one of his brothers. Buda Oram and Chot Lundia Oram are his distant cousins. On receipt of notice, Teja Singh (Peti-tioner) took the plea that he had taken it by lease from one Rur S...
Tag this Judgment!Hemalata Dei Vs. Umasankari Moharana and ors.
Court: Orissa
Decided on: Feb-12-1975
Reported in: AIR1975Ori208
G.K. Misra, C.J.1. The disputed properties belonged to one Hadibandhu Moharana who died in 1943 leaving behind Chanda, Dinabandhu and Hemalata who were respectively his widow, son and daughter. Chanda filed a suit for partition in forma pauperis against Dinabandhu and Hemalata. While the pauper application was pending. Dinabandhu died on 2-4-1964. His widow Umasankari (defendant No. 1-ka) and his two daughters Jyoshnarani (defendant No. 1-kha) and Sandhyarani (defendant No. 1-ga) and his son Satchidananda (defendant No. 1-gha) were impleaded as parties in his place. On 4-8-1964 Chanda died. Hemalata was transposed as the plaintiff, paid court-fees on the plaint and the application was numbered as T. S. No. 96 of 1965. On 2-3-1965 Hemalata amended the plaint to bring it in consonance with her claim. It is to be noted that in the original claim Chanda would have been entitled to half interest while Hemalata would have been entitled to 3/10th interest in the total property. On 30-10-1965 ...
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