Orissa Court March 1980 Judgments
Smt. Makhani Devi Banka Vs. Union of India (Uoi)
Court: Orissa
Decided on: Mar-28-1980
Reported in: AIR1981Ori11; 49(1980)CLT516
ORDERR.N. Misra, J.1. Defendant-petitioner was a subscriber of a telephone receiver and ran into arrears of bills to the tune of Rs. 10,020. The Union of India has instituted a suit for recovery of the amount in the court of the learned Subordinate Judge at Sambalpur. Defendant challenged the maintainability of the suit relying upon the provision in Section 7-B of the Indian Telegraph Act and also relied upon a single Judge decision of this Court in the case of Nityananda Sahu v. Postmaster General, Orissa, Bhubaneswar, (1976) 42 Cut LT 1049 : (AIR 1977 Orissa 48). The learned Subordinate Judge took up the question of jurisdiction for determination preliminarily and has found against the defendant. This application is directed against the determination of the issue against her.2. Section 7-B of the Telegraph Act, provides:--'(1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority...
Tag this Judgment!Sappa Suryanarayana and ors. Vs. S. Rama Rao and ors.
Court: Orissa
Decided on: Mar-28-1980
Reported in: AIR1980Ori197; 49(1980)CLT562
R.N. Misra, J. 1. Defendants 2, 3 and 4 are in appeal challenging the affirming decree of the learned Subordinate Judge of Berhampur in a suit for their eviction from a shop house at Berhampur and recovery of arrears of rent and damages. 2. Plaintiff came to court on the allegation that the house belonged to one Yasodamma and father of the defendants was a tenant under her. Plaintiff inherited the property and the defendants' father continued as a tenant under him. The disputed property is actually a part of the residential house of the plaintiff and being in need of the same he applied for eviction of the tenant in House Rent Control Case No. 5 of 1968. The proceeding terminated against him before the Controller as also the appellate authority. Plaintiff had filed a writ application in this Court and during its pendency, the original tenant died on 5-7-1970. The writ application was withdrawn and the suit was filed for eviction of the defendants on the allegation that Lakshmana Murty,...
Tag this Judgment!Chintamani Parida and ors. Vs. Jadumani and anr.
Court: Orissa
Decided on: Mar-28-1980
Reported in: 49(1980)CLT519; 1981CriLJ541
ORDERR.N. Misra, J.1. On the basis of a first information report lodged by one Bhagabat Mohanti, of village Baliapat within the Fategarh Police Station of Puri district alleging commission of several offences by the accused persons belonging to the adjacent village Sanasahara arising out of claim of using an orchard as graveyard for cremation of dead bodies. G. R. Case No. 34 of 1978 has been instituted and is pending trial in the Court of the Judicial Magistrate at Khandapara. A complaint has also been filed by one Jadumoni Naik of Baliapat several months after the alleged occurrence implicating several persons including some persons accused in the police case which has been registerered as Complaint Case No. 94 of 1978 and is pending in the same court.In the first information report, it was alleged that the land in dispute is a part of mouza Baliapat and the villagers have tenancy right therein. The villagers of Sanasahar claiming right of cremation of dead bodies of people belonging...
Tag this Judgment!Srikrushna Misra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-19-1980
Reported in: (1980)IILLJ328Ori
P.K. Mohanti, J.1. These two writ petitions have been heard together and will be disposed of by this common judgment.2. Petitioner, a member of the Lower Subordinate Education Service, filed Order J.C. No. 511 of 1978 challenging the promotions of Order P. Nos. 4 to 12 to the Subordinate Education Service on ad hoc basis. During the pendency of that writ petition, the State Government issued the Orissa Subordinate Education Service (Regularisation of Recruitment and Conditions of Service of Irregular Recruits in the Offices Subordinate to the Director of Public Instruction (Schools) (General Branch) Rules, 1978 (hereinafter referred to as the 'Regularisation Rules') regularising the ad hoc promotions of Order P. Nos. 4 to 12. Thereafter, the petitioner filed Order J. C. No. 144 of 1979 challenging the said Rules as unconstitutional and void.3. The Orissa Subordinate Education Service (General Branch) Rules, 1972 (hereinafter referred to as the 'Recruitment Rules' came into force on 14-...
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