Orissa Court November 1977 Judgments
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Prana Krushna SwaIn Vs. Raghunath Singh and ors.
Court: Orissa
Decided on: Nov-14-1977
Reported in: 45(1978)CLT150; 1978CriLJ1056
ORDERR.N. Misra, J.1. This application is directed against the order of the learned Sub-Divisional Judicial Magistrate of Bhubaneswar dated 21-7-1977 refusing to take cognisance of several offences said to have been committed by opposite parties 1 and 2 for want of appropriate sanction under Section 197 of the Cr. P.C.2. Shorn of details, the relevant facts for appreciating the points raised in the revision application are these : Petitioner had raised brick kilns at Hanspal by the side of the river within Bhubaneswar area for about three years prior to 1975. The land on which the kilns stood belonged to him and he had obtained licence for a factory, paid panchayat tax as also rent. The Tahsildar issued a notice on the footing that the petitioner had encroached upon the Anabadi land of Government, Petitioner produced his records and as no further proceeding was taken against him, he continued in occupation of the property as before. On 23-4-1975 in the morning while petitioner was at h...
Ranjit Sahu Vs. Nilambar Sahu and anr.
Court: Orissa
Decided on: Nov-08-1977
Reported in: AIR1978Ori48; 45(1978)CLT111
R.N. Misra, J. 1. This miscellaneous second appeal arises out of an appellate order of the learned Additional District Judge upholding the rejection of an objection under Section 47 of the Code to the execution proceeding.2. Title Suit No. 56/44 of 1963/ 1964 was for partition. During the pendency of the suit, on 4-2-1965 the second defendant who was a co-sharer died. No substitution, however, was effected. On 23-4-66, the preliminary decree was drawn up.On 2-2-1973, the decree was made final. Thereafter execution Case No. 33 of 1973 was levied for execution of the final decree. The appellant who was judgment-debtor No. 4 made an application under Section 47 of the Civil P. C. on the allegation that the decree was a nullity, inasmuch as though he was the adopted son of the second defendant, no substitution was effected and he had not been brought on record. The objection was registered as Miscellaneous Case No. 76 of 1973 and witnesses were examined on behalf of the objector and two fo...
Kandha Behera and ors. Vs. Mulia Mohanty and ors.
Court: Orissa
Decided on: Nov-07-1977
Reported in: 45(1978)CLT167; 1978CriLJ267
ORDERK.B. Panda, J.1. These two bunches of Criminal Revisions and Criminal Misc. Cases are interconnected and so were heard analogously and would be disposed of by this judgment. Facts necessary for the purpose of disposal of the cases are shortly thus: One Mulia Mohanty filed a complaint against Kandha Behera and seven others alleging that they had formed an unlawful assembly and confined him and provoked him to cause a breach of the peace. The Sub-divisional Judicial Magistrate Talcher found the accused persons guilty Under Sections 143 and 504, I.P.C. in I.C.C. 42 of 1971 and passed a sentence of fifteen days rigorous imprisonment on each count on 14-4-1972, the sentences to run concurrently. However, the learned S.D.J.M. released all of them Under Section 4(1) of the Probation of Offenders Act, 1958 on their executing a bond with one surety for Rs. 1000/- each.2. This order of release of the accused persons under the Probation of Offenders Act being verily illegal somehow came to t...
Uday Narayan Panda Vs. State
Court: Orissa
Decided on: Nov-07-1977
Reported in: 45(1978)CLT215; 1978CriLJ1394
ORDERK.B. Panda, J.1. The petitioner has been convicted under Section 406, I.P.C. and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for another four months by the S. D. J, M, Karanjia which has been confirmed in appeal.2. The prosecution case in brief is thus. The petitioner admittedly worked as the Secretary of the Karanjia Cooperative Circle Government Employees Co-operative Society from 14-9-1974 to 25-9-1974, i. e., for ten days. He made over charge to his successor one Sri A.R. Mohapatra (P. W. 4) on 25-9-1974 by virtue of a resolution of the Board of Directors dated 23-9-1974 as it was found that the petitioner was a member of two of the Societies which is against rule. It was alleged by the prosecution that the petitioner made over charge of his office to P. W. 4 excepting cash in hand amounting to Rs. 1,814.15 p. Being asked to make over the cash to P. W. 4 the petitioner stated that...
The Board of Trustees, Paradeep Port Trust Vs. Badio Foundation Engine ...
Court: Orissa
Decided on: Nov-03-1977
Reported in: AIR1978Ori60
R.N. Misra, J.1. This appeal by the Board of Trustees of the Paradeep Port Trust has been filed under Section 39(1)(vi) of the Arbitration Act of 1940 (hereinafter referred to as the Act) against the order of the learned Subordinate Judge of Cuttack refusing to set aside an award.2. Respondent No. 1 undertook to construct the general cargo berth No. 1 of the Port and parties had entered into a contract for the said purpose. While the work was still in progress, respondent No. 1 raised disputes. Keeping in view the arbitration clause in the contract, the several disputes were referred to a Board of Arbitrators consisting of respondents 2 and 3 and the Arbitrators made interim awards in respect of the various items of disputes. We are con-cerned in this appeal with the interim award relating to item No. 28 which covered a claim for extra expenditure due to non-availability of constructional materials and a sum of Rs. 2,51,995.00 is claimed on that score. The Arbitrators gave hearing in r...
Suka Bewa and ors. Vs. Parabati Bewa and ors.
Court: Orissa
Decided on: Nov-01-1977
Reported in: AIR1978Ori62
S. Acharya, J.1. Defendants 2, 3 and 4 have preferred this appeal.2. The undisputed genealogical tree given below will indicate the relationship between the parties. X _________________|________________ | | Kartik Sethi Hari Sethi _______|________ _________|_______ | | | | Khetro Ranko Kinei Minei | | | | Chintamani. Puri | Jogi. @ Purna | = Parbati | (Plaintiff). | __________________|_____________ | | | Dhandei Nisei =Kanhei (D.1) Suka (D.4.) ______________|_ __________________|______________ | | Budhi Lakshmidhar (D.2) (D.2)3. The plaintiff (respondent No. 1 herein) instituted this suit for partition of her half share in the Ka schedule lends and for setting aside the sale deed dated 16-4-70 (Ext. A) conveying the lands described in schedule Kha in favour of Budhi Sethi (D. 2), the minor son of deceased defendant No. 1 and defendant No. 4. The lands described in the Kha schedule are included in schedule Ka of the plaint. It is not disputed that the Kha schedule property is the joint ...
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