Orissa Court March 1978 Judgments
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Orissa Police Co-operative Syndicate Vs. Binoy Kumar Bose and anr.
Court: Orissa
Decided on: Mar-22-1978
Reported in: (1979)IILLJ360Ori
R.N. Misra, J.1. This application for a writ of certiorari is directed against the order dated 17.9.1976 made by the competent authority under the Payment of Wages Act, 1963 (hereinafter referred to as 'the Act') holding that the claim laid by opposite party No. 1 was maintainable and the Authority had jurisdiction to continue the enquiry.2. Opposite party No. 1 was employed as chief accountant in the establishment of the Orissa Police Syndicate at Cuttack on a consolidated remuneration. He made an application under Section 15(2) of the Act alleging that he had worked overtime and was, therefore, entitled to overtime wages. Petitioner appeared in the said proceeding and filed counter-affidavit disclose with the stand that the claim was not maintainable and the authority under the Act had no jurisdiction to entertain the claim. The preliminary question of jurisdiction was examined by the opposite party No. 2 and he came to hold that the claim was sustainable and the same would be enquir...
State of Orissa Vs. Khora Ghasi
Court: Orissa
Decided on: Mar-21-1978
Reported in: 45(1978)CLT593; 1978CriLJ1305
S. Acharya, J.1. This is an appeal against the order of acquittal passed by the court below in favour of the respondent who was charged and tried Under Section 302 I.P.C. in that court.2. The prosecution case, in short, is that in the night of 16-8-75 the deceased stealthily had entered into the maize field of the accused for committing theft of maize therefrom. The accused who was watching his maize field at that time heard some sound inside his field, and thinking that a bear had entered into the maize field, he shot an arrow towards the place from which the said sound was heard. That arrow hit the deceased on the right side of his belly and caused a gaping and bleeding injury at that place. The deceased ran back to his house and informed his grandmother, P. W. 1, that the accused shot an arrow at him and caused that injury on his person. Soon thereafter the deceased became unconscious and he died after two hours.The next day morning the father of the deceased convened a Panchayat in...
Hadu Palei and ors. Vs. Chandramani Mantri and ors.
Court: Orissa
Decided on: Mar-16-1978
Reported in: 45(1978)CLT548; 1978CriLJ1307
ORDERS. Acharya, J.1. This revision is directed against an order passed by the Sub-divisional Magistrate, Banki directing each of the petitioners to execute interim bond of Rs. 500/- with one surety of the like amount to maintain peace during the pendency of the enquiry Under Section 116(3). Cr. P.C. A proceeding Under Section 107 Cr. P.C. (Cr. Misc. Case No. 84/76) was started on 13-8-76 on police report stating that there was party faction between two sections in the village and there was likelihood of serious breach of the peace as ill feeling between the parties was intensely hot. Again another report was submitted before the said Magistrate on 19-7-77 from which it appeared that the 2nd party members in Criminal Misc. Case No. 34/76, i. e. the petitioners in this revision, destroyed the dweling house of one Kangali Mantri, one of the members of the first party, on 17-7-77 and threw away the house materials-The Officer-in-charge of the police station also stated in that report that...
Natha Naik and ors. Vs. Padmalochan Naik and ors.
Court: Orissa
Decided on: Mar-15-1978
Reported in: AIR1978Ori193; 45(1978)CLT520
S.K. Ray, C.J.1. Twelve of the defendants in a suit for declaration of right, title and interest and for recovery of possession which has been decreed are the petitioners. There were originally 99 defendants in the suit whose defence was that they had acquired title by adverse possession. The plaintiffs' case essentially was that all the defendants conspired and combined to forcibly dispossess the plaintiffs from the suit land by committing various acts of trespass and did, in fact, dispossess them from the suit land. Thus, the plaintiffs' case being that the defendants jointly trespassed upon the suit land prayed for declaration of title and consequential relief of recovery of possession. It appears from the written statement that the defendants' claim was a joint possession. Accordingly, a decree for eviction was passed against all of them and that decree was a joint one and it has proceeded on a ground common to all the plaintiffs and all the defendants. From the terms of the decree...
T. Kameswar Rao and anr. Vs. Panasa Narayanamma and ors.
Court: Orissa
Decided on: Mar-14-1978
Reported in: 45(1978)CLT568
Mohanti, J.1. This is an appeal by the decree-holders against an appellate order of a learned single Judge of this Court holding their execution application as barred by limitation. The decision of the learned single Judge is reported in ILR (1975) Cut 927 (Panasa Narayanamma v. T. Kameswar Rao).2. T. Bhaskar Rao, the deceased father of the appellants, obtained a decree on 30-1-56 for recovery of possession of certain immovable property. On 6-10-58 Execution Case No. 95 of 1958 was filed by one G. Krishna Rao as the power-of-attorney holder of the said T. Bhaskar Rao. On 19-3-59 the judgment-debtors filed an application under Section 47, C.P.C. challenging the maintainability of the execution case on the ground that G. Krishna Rao had not been authorised by the decree-holder to file the execution case. On 30-3-59 the executing court directed the decree-holder to appear before a Magistrate, first class and swear an affidavit that G. Krishna Rao was his power-of-attorney holder. As there...
Fakirmohan Rana and ors. Vs. Sri Basanti Debi Thakurani and ors.
Court: Orissa
Decided on: Mar-13-1978
Reported in: AIR1978Ori224; 45(1978)CLT581
S. Acharya, J.1. The plaintiffs have preferred this appeal against a reversing decision of the court below. The plaintiffs filed the suit for declaration, of their title to the suit lands, confirmation or in the alternative recovery of possession of the same from defendants Nos. 2 to 7 and for permanent injunction against them and in the alternative for refund of the consideration money paid to defendant No. 1 while purchasing the suit lands from him.2. In view of the limited question on which this appeal is going to be disposed of it is not necessary to state in detail the respective cases put forward by the parties in claiming the suit lands for themselves. Suffice it to say that the plaintiffs allege that plaintiff No. 1 and his brother purchased the suit property from defendant No. 1 who had purchased the same in court auction sale. The plaintiffs were in possession of the suit property, but in 1969 Ganeswar Das, the marfatdar of defendant No. 2, and defendants Nos. 3 to 6 created ...
Bhimasena Mahapatra and anr. Vs. Ramesh Chandra Mohapatra and ors.
Court: Orissa
Decided on: Mar-10-1978
Reported in: AIR1978Ori159; 45(1978)CLT482
P.K. Mohanti, J.1. This second appeal has been preferred by defendants 3 and 4 against a preliminary decree for accounts.2. The plaintiffs 1 to 3, who are brothers, brought the suit for accounts of the properties of their family deity Shri Radhakrishna (defendant No, 4). It was alleged that late Somanath Paramguru was the paternal great grand-father of the plaintiffs and that he had executed a Will on 22-10-1927 whereby, among other dispositions, he had dedicated the suit lands, about 15 acres in extent, in favour of the aforesaid family deity. Somanath died in 1927 leaving behind him his two widows, viz., Janaki and Subarni, brother's widow Champa and pre-deceased son's widow Jamuna. In the Will he gave authority to each one of them, excepting Subarni, to take a son in adoption and in pursuance thereof Champa adopted Bhimasen (defendant No. 3) and Jamuna adopted Debaraj, After the death of Debaraj, Jamuna adopted Satyanarayan, the father of the plaintiffs, Satyanarayan died in 1953. U...
Girish Chandra Sahu and ors. Vs. Nagendranath Mitra and ors.
Court: Orissa
Decided on: Mar-10-1978
Reported in: AIR1978Ori211; 46(1978)CLT52
R.N. Misra, J.1. Defendants 1, 2 and 3 have carried this appeal against the affirming judgment and decree of the learned Additional District Judge of Cuttack in a suit for permanent and mandatory injunction.2. Plaintiffs l and 2 and pro forma defendants 4 and 5 were owners of plots Nos. 827 and 828 lying to the immediate north of the Cuttack-Paradeep Road, Plot No. 828 with an area of 2 decimals which lay between plot No. 827 and the road was acquired by the State Government under the provisions of the Land Acquisition Act of 1894 for the purposes of widening the road. With the acquisition of plot No. 828, plot No. 827 became the abutting land. As the level of the said plot was low, plaintiffs decided to fill it up and raise structures thereupon for the purpose of constructing shop rooms. Defendants 1 to 3 negotiated with the plaintiffs for purchase of the property, but the owners were not willing to part with it as they were of the view that there was immense potentiality and the same...
Oriental Chemical Industries Vs. State of Orissa
Court: Orissa
Decided on: Mar-10-1978
Reported in: [1979]44STC241(Orissa)
R.N. Misra, J. 1. These are two references made by the Sales Tax Tribunal under Section 24(1) of the Orissa Sales Tax Act of 1947 at the instance of the assessee. The following two questions have been referred for opinion of the Court:(1) Whether, in the facts and circumstances of the case, the Tribunal was correct in disallowing the declarations in form C and the certificates in form E-1 furnished before the first appellate authority ?(2) Whether the assessee gave sufficient explanation for furnishing the declarations in form C and the certificates in form E-l for the first time before the first appellate authority ?2. The assessee is a registered dealer under the Central Sales Tax Act and bears registration certificate No. R.L.C. 660. It manufactures and sells pharmaceuticals and chemicals and has its place of business within the Industrial Estate of Rourkela. During the year 1969-70, the assessee purchased goods from M/s. Sarabhai Chemicals and others and had a sales turnover of Rs....
State of Orissa Vs. Balaji Wood Industries
Court: Orissa
Decided on: Mar-06-1978
Reported in: [1978]42STC178(Orissa)
R.N. Misra, J.1. This is a reference made at the instance of the State of Orissa by the Member, Sales Tax Tribunal, Orissa, under Section 24(1) of the Orissa Sales Tax Act of 1947, referring two questions for opinion of the court, namely:-(1) Whether, in the facts and circumstances of the case, cable drums can be treated as packing materials for aluminium cables and the Member, Sales Tax Tribunal, was justified to allow the benefit of concessional rate of tax in respect of sale of goods to M/s. Aluminium Industries Limited ?(2) Whether, in the facts and circumstances of the case, packing material will come within the sweep of column 2-A of certificate of registration under Section 9/9-A and 9-C of the Orissa Sales Tax Act granted to M/s. Aluminium Industries Limited 2. The assessee carries on the business of purchase and sale of timber and firewood as also manufacture and sale of cable drums. In the course of its business, during the year 1971-72, the assessee had sold cable drums to M...
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