Orissa Court May 1975 Judgments
inspector of Factories Vs. Harishankar Singhania and anr.
Court: Orissa
Decided on: May-28-1975
Reported in: (1977)ILLJ358Ori
B.K. Ray, J.1. This appeal is direct, ed against an order of the learned Sub-diyi. sional Judicial Magistrate, Rayagada acquitting the respondents of the offences under Sections 21(1)(iv)(c) and 22(1)(b) of the Factories Act.2. The case of the prosecution may briefly be stated thus : On 21-8-73 Y. Nag, a casual mazdoor along with G N Rao, operator were engaged to clean the cotton linters and other materials thrown out from the belt in motion at the D. Duster No. 2 in the rag plant. In the said plant, cotton and sunhemps are fed in a chute from one end and those materials pass through the rag cutter where they are cut into smaller pieces. They are then further carried by an inclined conveyor belt to D. Duster Section over a roller drum which is placed at a height of 9 feet from the ground. The roller drum has inside dia of about 20 inches with 4 arms which rotate clock-wise. No platform is provided at the place and the end of the roller drum is left unguarded. The roller drum is driven ...
Tag this Judgment!Deena Nath Acharya Vs. Daitari Charan Patra and ors.
Court: Orissa
Decided on: May-21-1975
Reported in: 1975CriLJ1931
G.K. Misra, C.J.1. Facts may be stated in short. The petitioner is an Assistant Settlement Officer and was in charge of the Baripada Town Settlement Camp on the date of occurrence. The accused were working as Amin, Inspector, Draftsman etc. in the same Settlement Camp on purely contract basis. Some days prior to the date of occurrence opposite parties were agitating for service benefits and resorted to strike. On 5-3-1974 the petitioner was not able to deposit undisbursed money as it was late after his attending to a staff meeting. He carried with him Government money amounting to Rs. 881.50 p, with challans and other papers in a bag to deposit the same next day. While he was coming from the office on a cycle the accused came from behind, caught hold of and assaulted him. They took away the cash and threw away the papers kept in the bag. The petitioner was rescued after the intervention of the police. When he came to his sense he found that the bag was lying on the ground and the money...
Tag this Judgment!Ramachandra Puja Panda Samant Vs. Jambeswar Patra and anr.
Court: Orissa
Decided on: May-21-1975
Reported in: 1975CriLJ1921
G.K. Misra, C.J.1. Petitioner is the first party member in a proceeding under Section 145, Criminal P. C. Second party members are the opposite parties. The subject-matter of dispute constitutes plot No. 1728 with an area of 0.51 acre and plot No. 1806 with an area of 2.24 acres, in all 2.75 acres in Mouza Beruhan, Khata No. 28, P. S. Gope, in the district of Puri.The case of the first party is as follows; The disputed lands belonged, to Lord Jagannath of Puri. The petitioner was the Sebayat-Marfatdar of the diety and was looking after the disputed properties. Nilamani Patra, deceased father of the opposite parties was the tenant of the disputed lands. He defaulted in payment of rent. The petitioner filed Rent Suit No. 1094 of 1944-45 against Nilamani and obtained a decree. In Execution Case No. 1322 of 1945-46 the disputed lands were put to sale. The petitioner purchased the same in court auction and obtained delivery of possession through court on 28-11-1946. Since then till the date...
Tag this Judgment!Karunakar Nayak Vs. Sundargarh
Court: Orissa
Decided on: May-16-1975
Reported in: 1976CriLJ616
R.N. Misra, J.1. This is an application for a writ of habeas corpus directed against the order of detention passed by the District Magistrate, Sundargarh, on 16th January, 1975, in exercise of powers conferred on him under Section 3(2) (a) read with Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971 (hereafter referred to as the 'Act').2. On 20th of January, 1975, petitioner was furnished the grounds of detention which read as follows:-1. 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 Jamshedpur in the same train in the same night from where it was dispatched by E/581 UP train on 24-3-1974. From both the stations the wagon bore label mark 'Ghatsila to Katni', The wagon was received at Bondomunda along with 3 wagons meant for ...
Tag this Judgment!Satyabrata Bhattacharya Vs. Jarnal Singh
Court: Orissa
Decided on: May-16-1975
Reported in: 1976CriLJ446
G.K. Misra, C.J.1. Jarnal Singh (opposite party) filed a complaint against Satyabrata Bhattacharya (petitioner) on 28-6-1974 alleging that he committed criminal breach of trust so far as the amount of Rs. 3,000/- is concerned and cheated the complainant to the extent of Rs. 1,10,000/-. The facts, on the basis of which the allegations are made, may be stated as in the complaint petition itself. We are disposing of this case on the assumption that the entire allegation in the complaint petition is true as also the statement of the complainant made on oath. Allegations are that the accused entered into a contract with the complainant and entrusted him certain construction work fop which specific rates were fixed. In the execution of the contract, trucks were to be hired and the hire charges were to be paid by the accused. The accused was also to pay dues from time to time towards the cost of the work which was being executed by the complainant. The substantial allegations on which the off...
Tag this Judgment!Bhima Naik and ors. Vs. State
Court: Orissa
Decided on: May-16-1975
Reported in: 1975CriLJ1923
G.K. Misra, C.J.1. Petitioners are inhabitants of village Ghantasahi in Nayagarh police station in the district of Puri. In a proceeding initiated under Section 107 of the Criminal P. C. 1898 (hereinafter to be referred to as the old Code) a notice was issued to them under Section 114 of the old Code on 23-2-1974 by a Magistrate 1st Class, Nayagarh, calling upon them to show cause why they should not be ordered to execute a bond for Rs. 200/- with one surety each for the like amount for a period of one year for keeping the peace. On 4-7-1974 the Sub-Divisional Magistrate, Nayagarh, passed an order calling upon the petitioners to execute interim bonds under Section 117(3). The revision has been filed to quash this order.The substantive part of the impugned order runs thus:* * * * On hearing the Advocates for the parties, I am convinced that complication and troubles are there in the village covering on several matters such as the right of passage on some land which were discovered to ha...
Tag this Judgment!Bhagirathi Mahapatra and ors. Vs. State
Court: Orissa
Decided on: May-14-1975
Reported in: 1975CriLJ1681
P.K. Mohanti, J.1. The petitioners who are goldsmiths of Puri town are being prosecuted for offences under Sections 147, 353, 841, 225 and 414, Indian Penal Code. They pray for anticipatory bail which is opposed by the learned Standing Counsel for the State. The matter has come up before us on a reference made by our learned brother Panda, J.2. The petitioners aver that on the allegations that when the police officers had gone to search the shop of one Dhruba Charan Sahu of Puri town and were making enquiries at another shop, Dhruba Charan Sahu was found slipping away with a bag suspected to contain stolen articles. The police officials rushed to the shop of Dhruba Charan Sahu and asked him to snow the bag. Upon his refusal and raising hulla, about 100 people including the petitioners gather-ed at the place and it is alleged that the said persons prevented the police from discharging their duties. During the commotion, it is alleged, Dhruba Charan Sahu passed on the bag to some other p...
Tag this Judgment!Bijoy Kumar Routrai and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-1975
Reported in: AIR1976Ori138
R.N. Misra, J.1.These nine applications have been made under Article 226 of the Constitution challenging the vires of the Orissa Paddy Procurement (Levy) Order. 1974 made by the State Government of Orissa in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955), read with the notification of the Government of India, in the Ministry of Agriculture (Department of Food) No. G.S.R.-316 (E), dated the 20th June, 1972.The petitioners have made different allegations on questions of fact, such as the quantity of land possessed, the nature of such land, the quantum of levy demanded et cetera to which we shall advert at the appropriate place. But common questions of law have been pleaded and argued by these petitioners and on behalf of the State Government, resistance has been offered to these applications on common grounds of law. These applications have been heard together. We, therefore, proceed to dispose of all these applications by a common judgm...
Tag this Judgment!State of Orissa Vs. Rajballav Misra
Court: Orissa
Decided on: May-06-1975
Reported in: AIR1976Ori19
S. Acharya, J. 1. The unsuccessful plaintiff in both the courts below is the appellant in this second appeal.2. The plaintiff's case, in short, is that the defendant entered into a contract with the plaintiff through Sub-divisional Officer Hindol for the construction of a godown-cum-inspection room in village Banamalipur at an estimated cost of Rs. 5,000/- and he executed an agreement (Ext. 1/A, dated 21-3-1952) to that effect, and on 23-5-1952, 21-3-1952 and 6-1-1953 he received advance payments in cash and also received 20 bags of cement priced at Rs. 105-15-0 on that account. Thus in all the plaintiff advanced Rupees 1305-15-0 to the defendant for the construction of the aforesaid work. The defendant after receiving the aforesaid payments did not complete the said construction work, and so by a notice dated 19-2-1953 the said contract was determined by the plaintiff. By the time the contract was determined, the defendant had done only a portion of the work, the value of which was es...
Tag this Judgment!Paramananda Mohanty and ors. Vs. Bira Behera
Court: Orissa
Decided on: May-05-1975
Reported in: AIR1976Ori47
S.K. Ray, J.1. The defendants who are residents of village Chhelia under Mudhupur Grama Panchayat were sued in their representative capacity for recovery of damages amounting to Rupees 7,000/-. The suit was decreed in part for recovery of Rs. 4,500/-, with proportionate costs. The defendants in their representative capacity, except the plaintiff, were made jointly and severally liable for the said amount. The present appeal is from that decision by the aforesaid defendants.2. There is a tank on plot No. 96 of village Chhelia under the management and control of Madhupur Grama Panchayat. The fishery right in the said tank is leased out for a period of three years at a time by auction held by the Grama Panchayat, Defendant No. 1 was a lessee till 31-3-1962 and on expiry of his lease, a fresh lease was granted to the plaintiff for three years in an auction held on 5-4-1962 in which he was the highest bidder. The plaintiff's lease was to expire on 31-3-1965. The plaintiff de-posited the fir...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »