Orissa Court July 1977 Judgments
Ananta Prasad Nayak Vs. the Utkal University and ors.
Court: Orissa
Decided on: Jul-29-1977
Reported in: AIR1978Ori11
R.N. Misra, J.1. Petitioner appeared at the Annual Bachelor in Commerce Examination conducted by the Utkal University in 1975 as a regular student from the Ravenshaw College at Cuttack. There are ten written papers prescribed for the said examination and petitioner appeared in all the papers from the Ravenshaw College centre of which opposite parties 2 and 3 were the Superintendent and the Deputy Superintendent respectively. Petitioner claims that his examination papers were appropriately valued and the marks obtained by him were tabulated and as he had secured marks sufficient enough to obtain a pass in the examination, his result was in the process of publication. Suddenly, however, the same was withheld and petitioner was served with a notice from the University in terms of Annexure-1 wherein it was stated:--'Whereas (i) You were a candidate for annual B. Com. Examination, 1975 and an Admit Card was issued to you where your Roll number was 284 in the Ravenshaw College Centre;(ii) Yo...
Tag this Judgment!Bhubaneswar Misra and ors. Vs. Sakuntala Devi and ors.
Court: Orissa
Decided on: Jul-29-1977
Reported in: AIR1978Ori37; 44(1977)CLT420
ORDERS. Acharya, J. 1. Petitioner No. 1 is defendant No. 1 in Original Suit No. 14 of 1973. Sakuntala Devi along with her minor sons and mother-in-law has filed the said suit for declaration of their title to the suit land, confirmation of their possession thereon and for declaration that, the sale deed executed by defendant No. 4 (the husband of Sakuntala) in favour of the other defendants on 30-4-71 is invalid, illegal and inoperative. With the plaint an application under Order 33, Rules 1 and 2, C. P. C. to prosecute that suit in forma pauperis has been filed on the ground that the plaintiffs are unable to pay the court-fee as they have absolutely no source of income and have no properties in their possession from whichthey can pay the court-fees. In the plaint it is alleged that they have been rendered destitutes by defendant No. 4, who is a man of wayward habits and addicted to intoxication, and having come under the evil influences of defendants Nos. 1 to 3 has disposed of by sal...
Tag this Judgment!Sashidhar Naik and ors. Vs. Gadadhar Patel and ors. Etc.
Court: Orissa
Decided on: Jul-29-1977
Reported in: 44(1977)CLT364; 1978CriLJ1316
R.N. Misra, J.1. Two proceedings under Section 144 of the Cr. P.C. (hereinafter referred to as the 'Code') were initiated by order dated 10-10-1975 passed by the Executive Magistrate, Sadar, Sundergarh and members of the second party were restrained from entering upon the disputed property in each of the cases by an ex parte order. On 11-11-1975 in each of the aforesaid cases, the learned Magistrate passed an order converting the proceeding into one under Section 145 of the Code and directed attachment of the disputed property together with standing crop. The two proceedings were registered as Miscellaneous Criminal Cases Nos. 70/17 of 1975 and 71/18 of 1975. Even after attaching the property, the learned Magistrate proceeded to dispose of the two cases on merit. By order dated 1-7-1976, he upheld possession of the first party in each of the cases.Members of the second party in both the cases filed Criminal Revisions before the Sessions Judge and those revision cases had been registere...
Tag this Judgment!Gouranga Charan Bhuyan Vs. Fakir Charan Nayak and ors.
Court: Orissa
Decided on: Jul-26-1977
Reported in: 44(1977)CLT311; 1978CriLJ287
ORDERP.K. Mohanti, J.1. This criminal revision arises in the following circumstances:The petitioner filed a complaint petition against the opposite parties on the following allegations; On 31-3-76 he went to the Patrapur Grama Panchayat Office to file quotation for lease of the Ferry Ghat at Patrapur and the opposite parties also went there for the same purpose. The petitioner took with him a cash of Rs. 2,200/- to deposit the lease money in case his quotation was accepted. The opposite parties after coming to know that the petitioner was ready with cash to deposit the lease money entered into a conspiracy to commit theft of the cash. Opposite party No. 1 directed the other opposite parties to take away the cash from the petitioner by applying force. Then opposite parties 2 to 6 held the petitioner down and opposite party No. 1 took away the cash from the petitioner.2 The opposite parties were summoned to stand their trial under Section 380/352/149 IPC. After appearance of the opposite...
Tag this Judgment!Prabhat Kumar Behera Vs. Tahara Khatun and ors.
Court: Orissa
Decided on: Jul-25-1977
Reported in: AIR1978Ori219
1. The judgment-debtorin Execution Case No. 23/74 has preferred this appeal. On the petition of respondents 1 and 2 to execute the decree granted in the House Rent Control Case No. 87 of 1971 the said execution case was registered against the appellant. In the execution case the appellant filed an application under Section 47, C. P. C. opposing the execution proceeding on various grounds. On that application Misc. Case No. 162 of 1974 was registered by the executing court. After accepting oral and documentary evidence from both the parties and after hearing their counsel the said application under Section 47 C. P. C. was dismissed by the executing court. Against the said decision the judgment debtor preferred an appeal, being Misc. Appeal No. 30/76, in the lower appellate court. On the questions raised on behalf of the appellant in the said appeal the court below held that the alleged agreement between the appellant and respondent No. 3, if any, did not by itself create any interest in...
Tag this Judgment!Naba Kishore Gadapalla Vs. the Utkal University
Court: Orissa
Decided on: Jul-22-1977
Reported in: AIR1978Ori65
R.N. Misra, J.1. Petitioner took the B. Sc. Hons. Examination, 1973, held by the Utkal University as a regular student from Angul Science College. He had Chemistry as his Honours subject and the other subjects of the combination were Mathematics and Physics. He failed to secure Honours in Chemistry and did not pass in Physios and Mathematics. He took the second examination of that year on cormpartmental basis in Physics and Mathematics but while passing in Physics still failed in Mathematics. He appeared at the annual B. Sc. Examination of 1974 on compartmental basis but again failed in Mathematics. As two consecutive chances were allow-ed for compartmental appearance, petitioner appeared in all the subjects in B. Sc. Examination of 1975 in the Pass Course only. He again failed in Mathematics and took compartmental examination in Mathematics in the Annual Examination of 1976. The authorities of the University withheld the results of the petitioner on the ground . that he failed in Chem...
Tag this Judgment!Suna Majhi Vs. Bhairab Prasad Behera
Court: Orissa
Decided on: Jul-19-1977
Reported in: AIR1978Ori91; 44(1977)CLT290
S. Acharya, J.1. One of the two plaintiffs has preferred this appeal. The other plaintiff (plaintiff No. 1) Majhia Majhi, died during the pendency of Title Appeal No. 61/71 filed by the defendant in the lower appellate court. It is not necessary for me in this appeal to state in detail the respective eases put forward by the plaintiffs and the defendant. Suffice it to say that the plaintiffs' suit was for declaration of title to and recovery of possession of the suit land on the averments that the plaintiffs are the owners of the suit land and while they were in possession of the same the defendant forcibly dispossessed them from the same in Jestha, 1969. The defendant claims the suit land on the allegation that he has been in long possession of the same and that the plaintiffs do not have any right, title and interest therein.2. The trial court declared that the plaintiffs had right, title and interest over the suit land, and that they were entitled to recover possession of the same t...
Tag this Judgment!Gourendra Pratap Singh Deo Vs. the State of Orissa
Court: Orissa
Decided on: Jul-13-1977
Reported in: AIR1978Ori94; 44(1977)CLT389
Das, J.1. Petitioner is a descendant of the family of the Ruler of the erstwhile State of Dhenkanal which merged in the State of Orissa. He was getting maintenance allowance from the State Government which has been discontinued. He has alleged that the order of discontinuance is unconstitutional and has prayed for a direction for payment of the said monthly allowance as well as for payment of his Kharposh allowance. This application has been heard on the preliminary point of delay and laches.2. The case of the petitioner is that he happens to be the great grandson of Raja Bhagirathi Mahendra Bahadur, one of the ex-Rulers of the Dhenkanal State and an uncle of the present Raja. He was in receipt of maintenance and khar-posh allowances under the Darbar administration until merger on 1-1-1948. After merger with the State of Orissa, he was also being paid the aforesaid allowances. Since 1949, payment of the said allowances has been stopped. He has now claimed for payment of the aforesaid a...
Tag this Judgment!M.A. Rahman Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Jul-12-1977
Reported in: [1979]119ITR4(Orissa)
R.N. Misra, J.1. On being moved by the assessee, this court directed the Income-tax Tribunal, Cuttack Bench, to state a case and refer the following question for the opinion of the court:'Whether, on the facts and in the circumstances of the case, it can be held that the assessee had either concealed the particulars of his income or had furnished inaccurate particulars of such income so as to be visited with penalty under Section 271(1)(c) of the Income-tax Act, 1961?'2. Assessee, an individual, is a contractor by profession and during the financial year ending with March 31, 1964 (assessment year 1964-65), he received payments. In his returns of income filed on May 11,1964, the assessee disclosed a profit of Rs. 20,000 from business by estimating the profit at 12 1/2% on a total receipt of Rs. 1,60,520. On July 31, 1964, assessment was completed under Section 143(3) of the I.T. Act of 1961 (hereinafter referred to as 'the Act') adopting Rs. 20,065 as business income, on the basis of t...
Tag this Judgment!Sri Durga Saw Mill Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-07-1977
Reported in: AIR1978Ori41
R.N. Misra, J. 1. A registered firm by the name and style of Sri Durga Saw Mill owns a saw-mill and carries on the business of a forest contractor. In the Orissa Gazette of 6th of September, 1974, the opposite parties published a sale notice for the purpose of leasing of certain forest coupes within the Baripada Division for the year 1974-75. On the 27th of September, 1974, auctions were held; petitioner participated in the auctions and came out as the highest bidder in respect of kuldiha Coupe No. II, Lot No. I in the Divisional Lot No. 61 of 1974-75 for a sum of Rs. 1,80,000/-. Petitioner paid security deposit of Rs. 18,000/-. The bid money being more than rupees one lakh, ratification had to be made by the State Government in the appropriate Department.As per the sale notice, the contract period for the Divisional Lot was eleven working months and was terminable on the last day of the last working month. According to the petitioner, ratification usually takes a period of about three...
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