Orissa Court August 1978 Judgments
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Punjab National Bank Ltd. Vs. Udyog Silpa Pvt. Ltd. and ors.
Court: Orissa
Decided on: Aug-10-1978
Reported in: AIR1979Ori30; 46(1978)CLT377
J.K. Mohanty, J. 1. The successful plaintiff has filed this appeal being aggrieved by the order of the trial court refusing to grant pendente lite and future interest at the contractual rate and to award costs at contested scale. The only point for determination, therefore, is as to whether either as matter of law or on account of equitable consideration, the plaintiff is entitled to pendente lite and future interest at the contractual rate and also entitled to costs at contested scale,2. Plaintiff-Punjab National Bank (Nationalised) instituted Title Mortgage Suit No. 37 of 1971 in the court of the Subordinate Judge, Cuttack against the defendants-respondents for a preliminary decree for Rs. 2,34,797.25 p. with interest at the rate of 10 1/2 per cent per annum, which is the contractual rate of interest, and, on failure to pay the decretal amount within the time stipulated by the Court, for a decree for sale of the properties as per Schedules 'A' and 'B' of the plaint.3. Defendants 1, 2...
Chittaranjan Choudhury Vs. Utkal University and ors.
Court: Orissa
Decided on: Aug-09-1978
Reported in: AIR1978Ori236
R.N. Misra, J.1. Petitioner as a regular candidate of Christ College at Cuttack appeared for the Annual B. A. (Honours) Examination of 1976 held by the Utkal University from the B. J. B, College Centre, Bhubaneswar, with Roll No. 705290. His subjects were English, Modern Indian Language (Oriya) and Economics with Honours in Political Science. Under the appropriate Regulations of the Utkal University, there are two papers in English, one paper in M.I.L., three papers in Economics and six papers in the Honours subject, each paper carrying 100 marks. Petitioner appeared in all the papers but he was declared to have passed B.A. Examination without Honours. After publication of the results, the petitioner approached the Principal of Christ College for his mark-sheet and on receiving the sama (Annexure 1), he was surprised to find that he was shown absent in the first paper of Economics.He, therefore, applied to the University for a fresh mark-sheet being apprehensive that there was some mis...
Biswanath Das and ors. Vs. Ramesh Chandra Patnaik and ors.
Court: Orissa
Decided on: Aug-09-1978
Reported in: 46(1978)CLT593; (1979)ILLJ129Ori
P.K. Mohanty, J.1. The second appeal is by the defendants against a reversing decree.2. The plaintiff was an employee of the Samaj office an industrial establishment, owned and managed by the defendants. In a disciplinary proceeding started against him he was suspended from service on 9-4-69 and after an exparte enquiry he was found guilty of the charge and dismissed from service by order dated 4-7-69. The plaintiff having raised an industrial dispute, a conciliation proceeding under Section 12 of the Industrial Disputes Act was initiated and it ended in failure (vide Ext. A). He brought the suit on 14-11-69 for a declaration that the termination of his service was null and void and that he continued to be in service despite the order of dismissal and was entitled to the emoluments for the period subsequent to the date of dismissal. On 5-3-70 the State Government, on a consideration of the report of the conciliation officer, decided not to refer the dispute for adjudication by the Indu...
Narayan Behera and ors. Vs. Panu Mohapatra and ors.
Court: Orissa
Decided on: Aug-04-1978
Reported in: 46(1978)CLT274; 1979CriLJ299
ORDERJ.K. Mohanty, J.1. The members of the first party in a proceeding under Section 145, Criminal P. C. are petitioners and they challenge the order dated 13-7-77 passed by the Executive Magistrate, Nayagarh by which he has stayed further proceedings in Misc. Case 58/75 under Section 145, Cr.P.C. as according to him, the disputed land having been put to court auction and the proceeds thereof having been deposited in the court, the subject of dispute should be deemed to have been attached under Section 146(1), Cr.P.C. and no further proceeding under Section 145, Cr.P.C. would continue.2. On 15-5-7S the second party (opposite parties in this case) filed a petition before the court of the S. D. M., Nayagarh to start a proceeding under Section 145, Cr.P.C. in respect of the disputed property. The learned Magistrate forwarded the petition to the Officer-in-charge, Odgaon P. S. for enquiry and report. On receiving the police report, the Magistrate was satisfied that a dispute likely to caus...
Fertiliser Corporation of India Ltd. Vs. Ravi Kumar Ohri
Court: Orissa
Decided on: Aug-02-1978
Reported in: AIR1979Ori19; 46(1978)CLT315
ORDERN.K. Das, J. 1. The Fertiliser Corporation of India (hereinafter referred to as 'the Corporation') is a company incorporated under the Companies Act and it has its branch office at Talcher in the district of Dhenkanal. For construction of its factory at Talcher, tenders were invited for supply of 175 lakhs of kiln burnt bricks and the opposite party was one of the tenderers. After negotiation, his tender was accepted and supply thereunder was to be completed by 30th of June, 1975. The opposite party filed a petition under Section 8(2) read with Section 8 of the Arbitration Act in the court of the Subordinate Judge, Bhubaneswar. The said petition was allowed and one retired District Judge was appointed as arbitrator. The present revision is directed against that order.2. Opposite party was the petitioner in the court below. His case was that after negotiation, tender for supply of 175 lakhs of kiln burnt bricks was accepted and supply was to be completed within eighteen months from...
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