Orissa Court November 1976 Judgments
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Ghanashyam Martha Vs. Brundaban Pradhan and anr.
Court: Orissa
Decided on: Nov-30-1976
Reported in: AIR1977Ori154; 43(1977)CLT453
ORDERP.K. Mohanty, J.1. Petitioner and opposite party No. 1 are brothers, the former being the elder and opposite party No. 2 is their mother. Opposite party No. 1 filed O. S. No. 51 of 1970 in the Court of the Subordinate Judge, Nayagarh against the petitioner and opposite party No. 2 for partition of 13.52 acres of land and 3 preliminary decree was passed directing partition of the properties into three equal shares and allotment of one such share to each of the parties. During the final decree proceedings the opposite party No. 1 filed a petition on 5-9-73 praying for a direction to the Commissioner to adjust to the share of the petitioner 1.97 acres of lands alienated by him to third parties prior to the suit. The petitioner and opposite party No. 2 filed counters contending, inter alia, that the opposite party No. 1 had also transferred 0.36 acre of lands to one Arakhri Naik prior to the institution of the suit and that those lands should be adjusted to his share. The learned Subo...
Miss Nirupama Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-26-1976
Reported in: AIR1977Ori128a
R.N. Misra, J. 1. Both these writ applications are by the same petitioner. In the first case, she has asked for a writ of mandamus restraining the State Government, the Orissa State Board of Homoeopathic Medicine and the Orissa State Medical Faculty of Homoeopathy from implementing the Faculty Resolution of November, 1975 (Annexure 5), canceling the results. In the second application, petitioner has asked for a direction to the very same opposite parties as also the Registrar of Orissa State Board of Homoeopathic Medicine and the Principal-Cum-Superintendent of the Government Homoeopathic Medical College and Hospital at Bhubaneswar to allow her to undergo housemanship training unaffectedby Annexure 5 of the earlier writ application.2. Under the Orissa Homoeopathic Act, the Orissa State Board of Homoeopathic Medicine has been set up. In May, 1974, the Act was amended authorising Government to vest the powers of the Board in the President alone and on 17-5-1974, Government appointed Sri ...
Damodar Das Babaji Vs. Harihar Nahak and ors.
Court: Orissa
Decided on: Nov-24-1976
Reported in: 1977CriLJ1392
ORDERP.K. Mohanti, J.1. This Criminal Revision is directed against an order of the learned Sessions Judge of Ganjam-Boudh settinsg aside a final order Under Section 145, Cr. P. C, and remanding the case for a fresh disposal.2. On 15-6-1974 the learned Sub-divisional Magistrate of Chatrapur passed an order Under Section 144 Cr. P. C, restraining the opposite parties from interfering with the possession of the petitioner over the lands in dispute. The opposite parties filed counter on 6-8-1974. After hearing both the parties the learned Magistrate by his order dated 13-8-1974 converted the proceeding Under Section 144 Cr. P. C, to one Under Section 145 Cr. P. C. By the same order the lands in dispute were attached and a receiver was appointed. The parties were directed to file their written statements and produce evidence in support of their respective contentions. On 18-12-1974 the petitioner filed an application before the learned Magistrate stating therein that some of the opposite pa...
Karimi Banamali Padhano Vs. Gulasu Lakhano and ors.
Court: Orissa
Decided on: Nov-19-1976
Reported in: AIR1977Ori128; 43(1977)CLT293
P.K. Mohanti, J. 1. This appeal has been preferred by plaintiff No. 2 in Title Suit No. 64 of 1962 of the Court of the Subordinate Judge, Berhampur.2. In order to appreciate the respective contention of the parties it is necessary to refer to a short genealogy :-- KARIMI KESAB PODHAN | ___________________|___________________________ | | | | Karimi Sridhar Karimi Gura Karimi Karimi Judhisti =Siromani Banamali(P.2)Karimi Sridhar and Karimi Judhesti are dead and their lines are extinct. Karimi Gura died in 1957 and his widow Karimi Siromani died on 24-2-1958. Plaintiff No 1 Karimi Kuri is the natural daughter of Karimi Banamali (Plaintiff No. 2), but she claimed to be the adopted daughter of Karimi Gura.3. The facts which are no longer in dispute may briefly be stated as follows ;--An area of 13 acres of land out of the suit lands belonged to G. Balaji, the father Siromani. On 9-11-1929 he executed a Will in favour of his wife Bangori vide Ext. 11. Bangori gifted away these properties in ...
New Jothi Match Factory Vs. the State of Tamil Nadu
Court: Orissa
Decided on: Nov-18-1976
Reported in: [1977]40STC224(Orissa)
Ismail, J.1. It was the admitted case that the petitioner imported the splints under concessional rate of tax with declaration in form C that they would be used for manufacturing matches in its own factory.Contrary to the declaration, equally admittedly the petitioner sold the splints to other persons. In view of this, the petitioner was found guilty of Section 10(d) read with Section 8(3)(d) of the Central Sales Tax Act and a penalty was imposed on it under Section 10A thereof. It is the correctness of this levy of penalty that is challenged in this petition.2. The learned counsel for the petitioner repeatedly contends that the registration certificate granted to the petitioner enabled it to import splints both for resale as well as for use in the manufacture and that so long as the registration certificate authorised the petitioner to import the goods for resale, it would not be found guilty of violation on the ground that it resold the splints themselves. We are of the opinion that ...
Ramchandra Behera and ors. Vs. Smt. Snehalata Dei
Court: Orissa
Decided on: Nov-17-1976
Reported in: AIR1977Ori96
R.N. Misra, J.1. Appellant No. 2 Laxmidhar and appellant No. 3 Hira Dei are the parents of appellant No, 1. Appellant No. 4 is the subsequently married wife of appellant No. 1. The respondent applied to the court of the learned Subordinate Judge ,at Keonjhar for permission to sue in forma pauperis the appellant No. 1 for maintenance and other reliefs claiming that appellant No. 1, her husband, has not been maintaining her. In the said pauper application, the appellants took the stand that the marriage has been long since dissolved by a decree of the court and, therefore, the respondent has no right of maintenance. Thereupon, the respondent filed the suit for a declaration that the decree for judicial separation and the subsequent decree for divorce had been obtained by fraud and were not binding on her and it be declared that she continues to be the wife of appellant No. 1 and appellant No. 4 is not his married wife and she further claimed for maintenance. In this suit, she applied for...
Pramilabala Barik Vs. Rabindranath Barik
Court: Orissa
Decided on: Nov-15-1976
Reported in: AIR1977Ori132; 43(1977)CLT98
S. Acharya, J.1. The defendant, who admittedly is the legally married wife of the plaintiff, has preferred this appeal against the judgment and decree for restitution of conjugal rights passed by the court below.2. The plaintiff-respondent filed an application under Section 9 of the Hindu Marriage Act, 1955 praying for a decree against the defendant for restitution of conjugal rights. The plaintiff alleged that he and the defendant lived together as husband and wife in the ancestral house of the plaintiff in village Bartana, and on 13-7-1969 she went away to her father's house, and since that time she is not returning therefrom to the house of the plaintiff on some false pretexts in spite of repeated requests of the plaintiff. It is further alleged that the defendant, without returning to the plaintiff's house in village Bartana, is insisting on the plaintiff to go to her father's house at Sarupal, and to give money to her father for her sustenance in her father's house,3. The defendan...
Gouri Charan Kanungo Vs. Industrial Tribunal and anr.
Court: Orissa
Decided on: Nov-09-1976
Reported in: (1978)ILLJ276Ori
S. Acharya, J.1. The petitioner was the head clerk-cum-accountant in the Kendrapara Central Co-operative Bank. That Bank in 1956 was amalgamated with the Cuttack United Central Co-operative Bank Limited (hereinafter referred to as the 'Bank'), and the petitioner continued in service under the Cuttack Bank. While working in the Cuttack Bank the petitioner was promoted to the post of Branch Manager of that Bank and was confirmed in the said post with effect from 1-7-64. While working as such, the petitioner, by the order dated 19-10-68, was noticed to retire from service on superannuation with effect from 1-11-68 on completion of 55 years of age as prescribed in the subsidiary rules of the Bank framed in 1956. The petitioner made a representation against the said order on 11-10-68 and he was allowed to continue in service till 31-3-69 and was retired with effect from that date. The petitioner filed O.J.C. No.868/69 in this Court challenging the said order of retirement, but the said O.J....
Kapila Charan Rout and ors. Vs. Sub-divisional Officer, (Civil) and an ...
Court: Orissa
Decided on: Nov-08-1976
Reported in: AIR1977Ori100; 44(1977)CLT354
R.N. Misra, J.1. As a part of the drought relief programme sometime before 1960, the Sub-Divisional Officer (Civil), Bhadrak, started several small improvement works within his jurisdiction and one Kapila Charan Rout was entrusted with some of these works. Plain paper agreements had been entered into between the public officer representing the State and the contractor and moneys had been advanced for such purpose. Early in 1960, at the instance of the said public officer, certificate proceedings under the Bihar and Orissa Public Demands Recovery Act, 4 of 1974, were initiated and seven cases came to be registered on 1st March, 19.60. In the year 1963, two more cases were instituted while in February, 1970, the last of the lot under consideration was registered. A chart showing the specifications of the cases is appended below for convenience.The certificate-debtor filed objections in most of the cases but said objections were overruled and execution of the certificates was ordered. On ...
Smt. Nakhyatramali Debi Vs. Chandrasekhar Pattnaik and ors.
Court: Orissa
Decided on: Nov-08-1976
Reported in: AIR1977Ori161
ORDERS.K. Ray, Ag. C.J.1. The petitioner is the plaintiff in a partition suit, T. S. No. 45 of 1971, filed in the court of the Subordinate Judge, Dhenkanal. She claimed 1/8th share in the suit properties as per the settlement record-of-rights of 1959 and for separate allotment of the same. The reliefs claimed in the plaint were as follows:--'(i) That her share in the disputed property be defined to the extent of l/8th and a preliminary decree be passed accordingly adjusting sale made by defendant No. 2 and defendant No. 3 to the extent indicated and adding the same towards the share of defendant No. 1;XX Xx XX(iii) That delivery of possession as per the allotment be made over through court.'It is clear from the averments of the plaint that the plaintiff's quantum of share was in controversy and she wanted adjudication of the same. In para 7 of the plaint the plaintiff valued the suit at Rs. 1,250 which was the value of her 1/8th share for the purpose of jurisdiction and court-fee, the ...
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