Orissa Court February 1976 Judgments
State of Orissa Vs. Kubera Pradhan and ors.
Court: Orissa
Decided on: Feb-17-1976
Reported in: AIR1977Ori26
R.N. Misra, J. 1. State of Orissa, sole defendant in a suit for title, possession and injunction, is in appeal against the reversing judgment -and decree of the learned Additional District Judge of Puri.2. The disputed property is 30 decimals of land appertaining partly to two plots being 1466 and 1507. There are two tanks located in these two plots. Plaintiffs claimed that their predecessor-in-interest, Balanam Padhan, was the ex-intermediary in respect of the disputed property. The estate vested under the provisions of the Orissa Estates Abolition Act (hereinafter to be referred to as the Act) in 1959 and, on an application made under Section 8-A of the Act made on 15-9-1959. Claim Case No. 327/59-60 was registered and by order dated 31-12- 19,60, the property was settled with the applicant. Some villagers on 10-7-1961 preferred an appeal before the Additional District Magistrate who remitted the matter for fresh disposal after vacating the order of settlement. On remand, the Estate ...
Tag this Judgment!Rajanikanta Meheta Vs. State of Orissa
Court: Orissa
Decided on: Feb-16-1976
Reported in: 42(1976)CLT292; 1976CriLJ1674
P.K. Mohanti, J.1. Rajanikanta Meheta, the petitioner in Criminal Misc. Case No. 45 of 1976 as well as O. J. C. No. 58 of 1976, has been committed to the Court of Session to stand his trial for an offence under Section 395 read with Section 115, I.P.C. The trial is yet pending. The prayer in the Criminal Misc. Case as well as in the O. J. C. in substance is that this Court should exercise its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 or the extraordinary powers under Articles 226 and 227 of the Constitution of India to quash the proceedings.2. The petitioner is a partner of Bavchand & Co., a jewellery firm at Cuttack. The accusation against him is that he abetted the commission by his co-accused persons of an offence of dacoity which was not committed in consequence of the abetment. On a consideration of the materials collected by the police and after hearing the parties, the learned Assistant Sessions Judge by his order dated January 9, 1976 framed a ch...
Tag this Judgment!Mathuri Sahu and ors. Vs. Secretary, Prajatantra Prachar Samity
Court: Orissa
Decided on: Feb-09-1976
Reported in: AIR1976Ori186; 42(1976)CLT597
Shankar, C.J. 1. Petitioners, nine in number, are employees of Prajatantra Prachar Samity (hereafter called the 'Samity'). Opposite Party in the petition is the Secretary of the Samity. The prayer of the petitioners is that the orders dated November 15, 1975 and December 26, 1975 (Annexures 1 and 2 respectively) be quashed. The former is a letter issued to one of the petitioners Raghunath Patra by the Secretary of the Samity informing him that as he had already reached the age of 58 years he was being superannuated and retired. The latter is a letter to the President of Cuttack Press Workers' Union issued by the :Secretary in reply to a communication sent by the said Union stating in substance that the decision taken by the Samity that its employees would retire on attaining the ase of fifty-eight years was justified.2. The petition is contested on several grounds. It is urged that the Samity is a private institution and a registered trust created to undertake literary and cultural act...
Tag this Judgment!Dasa Kandha Vs. the State
Court: Orissa
Decided on: Feb-09-1976
Reported in: 42(1976)CLT499; 1976CriLJ2010
S.K. Ray, J.1. The appellant has been convicted by the Sessions Judge of Koraput under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life for having committed murder of one Buti Ganda by intentionally causing his death with a Tangia (M. O. I) on the 2nd day of October, 1973, at about mid-day on a foot-path between villages of Timashguda and Lihuduguda. This appeal is from this judgment of conviction and sentence.2. The deceased Buti Ganda was the chaukidar of three villages of Dangachuan, Durkaguda and Kankanguda On the, day of occurrence he, accompanied by P.W. 6, came to village Dihuduguda for borrowing some paddy. On his way to village Dihuduguda, he passed through village Timashguda. There he found P.Ws. 1 and 2 who are brothers-in-law who had come there to leave some of their relations. The deceased asked them for some paddy on loan. They promised him to lend some paddy the next day. At village Timashguda P. Ws 1, 2, 6 and the deceased took some liquor and ...
Tag this Judgment!Mohammad Nakir Vs. Hasratunnisa Bibi
Court: Orissa
Decided on: Feb-06-1976
Reported in: AIR1976Ori239; 42(1976)CLT435
R.N. Misra, J.1. Plaintiff is in appeal against the affirming judgment and decree of the learned Additional Subordinate Judge of Cuttack in a suit for partition of A and B schedules property and allotment of a share to the plaintiff out of it. The trial Court decreed the suit in part, but refused to grant relief in respect of 20 decimals of land appertaining to plot No. 644 title to which plaintiff claimed under a deed Ext. 9 dated 23-5-1963. The lower appellate Court has upheld the decree.2. At the hearing of the appeal, Counsel for the respondent claims that there has already been a notification under Section 3 (1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act of 1972 (Orissa Act 21 of 1972) (hereinafter to be referred to as the Act) in regard to properties located in village Manatir and, therefore, the appeal has to abate. There is no dispute that under Notification S. R. O. No. 749/73 dated 6th of August, 1973 issued by the Revenue Department o...
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