Orissa Court October 1978 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State of Orissa Vs. Raghuram Sahu and ors.
Court: Orissa
Decided on: Oct-30-1978
Reported in: 47(1979)CLT39; 1979CriLJ502
P.K. Mohanti, J.1. This appeal has been preferred by the State of Orissa against an order of the learned Sessions Judge of Sambalpur acquitting the 12 respondents of the charges under Sections 302 and 323, both read with Section 34, I. P. C.2. The deceased Mitrabhanu Patnaik is the eldest son of P. W. 1 Sapneswar Patnaik. The respondents are all agnates. Prosecution case, as revealed at the trial by P. W. 1, the star witness of the prosecution is as follows: About 10 years prior to the date of occurrence the deceased drove out his wife and kept a concubine. P. W. 1 having taken exception to this, he was harassed by the deceased in various ways, so much so that he did not consider it safe to remain in his village Malidhi. He shifted to village Panpali with his wife (P. W. 14), his other son Kulamani (P. W. 2) and his grandson Kartika (P. W. 3) who is the son of the deceased through his married wife. P. W. 1 returned to his village in or about the year 1970 and learnt that the deceased h...
Raghubar Ramanuja Das Vs. Commissioner of Endowments and ors.
Court: Orissa
Decided on: Oct-23-1978
Reported in: AIR1979Ori115; 47(1979)CLT84
S.K. Ray, C.J.1. The petitioner is the Mahant and hereditary trustee of Biranchi Narayan Math alias Buguda Math at Buguda, District Ganjam. Opposite party No. 1 who is the Commissioner of Endowments initiated a suo motu proceeding under Section 35 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter called the Act) as per Annexure-1 dated 4-10-1977, This proceeding was occasioned in consequence of allegations made by members of general public against the petitioner. By Annexure-1 the Commissioner of Endowments framed three charges and called upon the petitioner to show cause as to why he shall not be disqualified and shall not cease to hold office.2. During the pendency of this proceeding under Section 35 of the Act the opposite party No. 1 issued the impugned Annexure-2 in purported exercise of his powers under Section 7 of the Act, whereunder the Inspector of Endowments was appointed as an interim trustee of the religious institution in question and its properties until fu...
Sarat Chandra Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-06-1978
Reported in: AIR1979Ori143
R.N. Misra, J. 1. The Aska Central Multipurpose Co-operative Society Limited, opposite party No. 3, (hereinafter referred to as the 'Society') is a society registered under the Orissa Co-operative Societies Act of 1962 (hereinafter referred to as the 'Act'). Petitioner and opposite parties Nos. 4 to 13 are members of its Committee of Management. The present Committee was formed on 9-1-1977. The Society has as its financing bank the Aska Central Co-operative Bank and as stated in para. 6 of the writ application, the Society is indebted to the Bank. The Committee of Management received a notice dated 14-2-1978 from the Registrar of Co-operative Societies, opposite party No. 2, purporting to be under Section 32(1) of the Act calling upon it to show cause why it may not be superseded by the Registrar in exercise of his powers under that section. Petitioner contends that as a condition precedent to the issue of notice under Section 32 (1) of the Act, the financing Bank had to be consulted a...
Nilakamal Das and ors. Vs. Commissioner, Land Records and Settlement a ...
Court: Orissa
Decided on: Oct-04-1978
Reported in: AIR1979Ori25; 46(1978)CLT463
R.N. Misra, J. 1. This is an application for a writ of certiorari for quashing the order of the Commissioner of Land Records and Settlement (opposite party No. 1) refusing to allow the petitioners to be heard in Revision Case No. 1529 of 1968 as also the final order dated 26th of May, 1976 in the said case directing correction of the record of rights published under the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959) (hereafter referred to as the 'Act').2. The present proceeding relates to 14.98 acres of land out of plot No. 116/ 274 under Khata No. 46 in mauza Badatubi in the Marshaghai Tahsil of the district of Cuttack. The final record of rights in respect of these lands under the Act was published on 27-2-1966 wherein opposite parties 2 to 5 were shown to be in forcible possession of the lands. On 27-2-1968 the said opposite parties filed a revision under Section 15 of the Act for correcting the record and instead of showing the petitioners to be trespassers to record...
State of Orissa and ors. Vs. U.N. Samantray
Court: Orissa
Decided on: Oct-04-1978
Reported in: AIR1979Ori39
N.K. Das, J.1. This appeal is directed against an order under Section 30 of the Arbitration Act rejecting the objections raised by the present appellants against the award passed by the arbitrator in the matter of a dispute between the respondent-contractor and the State Government. By consent of parties before the Supreme Court, Justice A. Misra, a retired Judge of this Court was appointed as the arbitrator.2. Plaintiff-respondent is a registered special class contractor under the State Government. He took up the work covered by F-2 Agreement for construction of up-stream and down-stream lock chamber at Munduli. His tender, being the lowest, was accepted by the State Government. Work order was issued to him and agreement was executed between the parties on 29-5-65 for execution of the work. Various disputes arose between the parties in course of execution of the work and also in respect of payments due to the plaintiff-respondent under the agreement. Ultimately, defendant No. 1 direct...
Radhashyam Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-04-1978
Reported in: (1979)IILLJ369Ori
R.N. Misra, J.1. The Economic Transport Organisation (opp. party No. 3), as the name indicates, is a transport system by road. Petitioner was employed as a workman under the said Organisation. He was prosecuted in the Court of a Magistrate at Cuttack for the offence of theft under Section 380 I.P.C. Simultaneously petitioner was subjected to a disciplinary proceeding and placed under suspension by order dated 17.11.1973. In the disciplinary action, the workman's services were terminated, but petitioner was acquitted of the criminal charge. Petitioner demanded reinstatement in service after the judgment of acquittal was passed and when the management failed to take him back, a dispute was raised which became the subject-matter of conciliation. The conciliation officer submitted a failure report as per Annexure 7 to the State Government and in due course by order dated 19th March, 1976 (Annexure 8), the State Government passed the following order:On a consideration of the above report of...
Kabir Padhi and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-03-1978
Reported in: AIR1979Ori27; 46(1978)CLT478
B.N. Misra, J. 1. Petitioners are owners of residential holdings in the Janata Hospital Road within the town of Berhampur in the district of Ganjam and in this application they assail the notification under the Land Acquisition Act, 1 of 1894 (hereinafter referred to as the 'Act') purporting to acquire 1.61 acres of land as per notification dated 23-5-1976. In July, 1964, the State Government had notified their intention to acquire 2.20 acres of land for the purpose of construction of a hostel and staff quarters of the Government Women's College at Berhampur, The said notification was withdrawn on 8-4-1965. Berhampur Town is governed by the Orissa Town Planning and Improvement Trust Act of 1956 (Orissa Act 10 of 1957) and the locality in question has been marked as a residential zone. It is claimed by the petitioners that after withdrawal of the notification for acquisition, several of them have developed the lands in the locality for construction of houses. On 11-4-1970, the State Gov...
- ‹ Prev
- Next ›