Orissa Court January 1981 Judgments
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Harihar Sethi Vs. Trinath Naik and anr.
Court: Orissa
Decided on: Jan-27-1981
Reported in: AIR1981Ori128; 52(1981)CLT78
ORDERJ.K. Mohanty, J. 1. This election petition has been filed by Sri Harihar Sethi, a Congress (I) candidate against Sri Trinath Naik. a Lok Dal candidate who has won the election. It has been prayed that the election of respondent No. 1 Trinath Naik be declared void and that it also be declared that the petitioner has been elected as a member of the Orissa Legislative Assembly from Hindol No. 117 (SC) Constituency, The facts stated in the petition so far as it is relevant may be briefly stated thus:2. Petitioner, who is a member of the Scheduled Caste, contested the election as a candidate of Congress (I) party from Hindol (S.C.) Constituency to the Orissa Legislative Assembly. Respondent No. 1 contested the same election to which polling took place on 31-5-3 980. Respondent No. 1 contested as a candidate of Lok Dal and respondent No. 2 contested as a candidate of Congress (U) party. The counting of votes was done on 1-6-1980 by the Subdivisional Officer, Hindol who was the Returning...
Subas Chandra Misra Vs. Managing Committee,
Court: Orissa
Decided on: Jan-16-1981
Reported in: AIR1981Ori120
Misra, C.J.1. Nigamananda Vidya-pitha founded in the year 1963 is an 'aided educational institution' under the Orissa Education Act of 1969. Petitioner an arts graduate with a bachelor's degree in education, joined the school as Headmaster in July, 1964. By 1967, the institution was recognised as a full-fledged high school and from the year 1969 it started receiving grants-in-aid from the State Government. On 17-2-1972 petitioner was confirmed in his post and started contributing to the Teacher's Provident Fund. The constitution of the Managing Committee of the school was for the first time approved on 8-7-1975. According to the petitioner the school is located within Daulatabad area of Chou-dwar Municipality, A dispute arose between the residents of Daulatabad including one Sri Bansidhar Behera, the then Secretary of the Managing Committee of the School on one side and the inhabitants of a neighbouring village Chasapada by name over the title to the land on which the school building h...
Ramlal Agarwala Vs. Sambalpur University
Court: Orissa
Decided on: Jan-16-1981
Reported in: AIR1981Ori102; 51(1981)CLT195
Misra, C.J.1. Bhima Bohi College located at Rairakhole is affiliated to the Sambalpur University. Petitioner appeared for the Bachelor's Examination in Arts conducted by the Sambalpur University from that centre in 1980 and his examinations were held on specified dates between 16th of April and 6th of June of that year. Petitioner was assigned roll number 176 and one of the subjects in which he appeared was Political Science. The results of the examinations were published on 27-7-1980, but his results were not made known. While hr was busy enquiring as to what happened to his matter, he received a communication dated 22-8-1980 to the following effect (as far as relevant);--'You have copied from your co-examinee bearing Roll No. 178 in answering Question No. 9 of Pol. Sc. IInd Paper.'and he was called upon to offer explanation by 29th of August and he was also notified that his case would be considered by the authorities on 29-8-1980 at 1 p.m. He was told in case he thought that he shou...
Gorapalli Paradeshi Vs. Hindustan Chains Pvt. Ltd.
Court: Orissa
Decided on: Jan-13-1981
Reported in: AIR1981Ori149
ORDERR.N. Misra, Ag. C.J. 1. Judgment-debtor is before this Court in appeal and revision against the same order rejecting his application under Section 47 of the Code of Civil Procedure. The appeal in my view does not lie and is accordingly dismissed and theCivil Revision is entertained for disposal on merit.2. Opposite party obtained a decree in Civil Suit No. 865 of 1971 in the Court of the Munsif at Ghaziabad against M/s. Padmashree Metal Mart and after the said decree was transferred along with a certificate of non-satisfaction from the court which passed the decree to the District Judge, Koraput, execution was levied in the court of the Subordinate Judge at Jeypore in E. P. No. 307 of 1976 wherein in the column of judgment-debtor, 'M/s. Padmashree Metal Mart, Main Road, Prop. Sri Gorapalli Paradeshi, PO/ PS Jeypore, Koraput Dist.' was shown. An objection was filed by the Proprietor to the following effect;--'(1) That the Execution Case as such is not maintainable. From the existin...
Narayana Padhi Vs. Executive Officer, Uttarparswa Muth and ors.
Court: Orissa
Decided on: Jan-12-1981
Reported in: AIR1983Ori6
R.N. Misra, Ag. C.J.1. The petitioner's predecessor-in-interest and certain others were transferees of endowment property belonging to the Uttar-parswa Muth at Puri. Its Executive Officer initiated a proceeding under Section 25 of the Orissa Hindu Religious Endowments Act, 1951 against the alienees. That proceeding ultimately terminated in the hands of the Commissioner of Endowments against the alienations. Some ofthe alienees carried a writ application to this Court, being O. J. C. No. 124 of 1970. This Court by order dated 27th April. 1972 quashed the order of the Commissioner as a result of which the proceeding under Section 25 of the Act revived. The petitioner's father died during the pendency of the proceeding but there was no substitution. Without bringing the petitioner on record, under orders covered by Annexures 2 and 3 the proceeding was again disposed of against the dead man and the alienation was vacated so far as original opposite party No. 10 is concerned. The petitioner...
Chatradhari Upadhaya and anr. Vs. Babu Singh and anr.
Court: Orissa
Decided on: Jan-12-1981
Reported in: AIR1981Ori123; 51(1981)CLT152
N.K. Das, J. 1. The claimants in a proceeding under Section 110-A of the Motor Vehicles Act are in appeal against the order of the Tribunal dismissing their claim petition for not adding one Gurudev Singh as Opposite Party in the claim case.2. It is alleged that the deceased was working under one Gurudev Singh, Kalings Transport, Mangalabag, Cuttack as a helper in respect of truck ORU 7643, This truck belongs to Opposite Party No. 1 Babu Singh. He had hired to Gurudev Singh. Due to I'ash and negligent driving of this truck by the driver, it went out of the road and fell into a ditch after crossing Dehuria bridge on the National Highway between Cuttack and Paradeep. As a result of such accident, the deceased was badly injured and died at the spot.3. The employer of the deceased Gurudev Singh has not been made a party to this proceeding and no steps were taken to notice him. Babu Singh and the insurer were made parties to the proceeding.The learned Tribunal has dismissed the petition as ...
Anirudha Padhan Vs. Chhai Padhan and ors.
Court: Orissa
Decided on: Jan-07-1981
Reported in: AIR1981Ori74; 51(1981)CLT155
P.K. Mohanti, J. 1. The second appeal is by defendant No. 3 against a decree of affirmance. The suit was for partition on adjudication that the three plaintiffs and defendants 1 and 2 are entitled to one-fifth share each and for delivery of possession of the properties allotted to each. 2. The lands in suit originally belonged to one Khadia Padhan who died in 1958 leaving behind him five daughters named Apurba, Chhai, Subhadra, Sundarmani and Bhama. Apurba is dead and her son is Ghasia (defendant No. 1). Chhai, Sundarmani and Bhama are plaintiffs 1, 2 and 3 respectively. Subhadra is defendant No. 2 and her son is Anirudha (defendant No. 3). The plaintiffs' case was that they were in joint possession of the suit lands along with defendant No. 2 tillthe year 1962 when a dispute arose between the parties as defendant No. 3 falsely claimed himself to be the adopted son of Khadia Padhan. A proceeding under Section145, Cr. P. C. was started and it terminated on 4-1-1965, in favour of defenda...
D. Rahaman Vs. Bijaya Kishore Das
Court: Orissa
Decided on: Jan-06-1981
Reported in: 51(1981)CLT179; [1982]136ITR855(Orissa)
J.K. Mohanty, J.1. The accused-respondent was charged under Section 52 of the Indian I.T. Act, 1922 (which is almost in identical terms with Section 277 of the I.T. Act, 1961), and was tried in the court of the Chief Judicial Magistrate, Cuttack. He was acquitted by the trial court. This appeal has been preferred against the order of acquittal of the respondent passed by the C.J.M., Cuttack.2. The accused-respondent was an assessee under the I.T. Act. He submitted a return (Ex. 1) to the ITO, Cuttack, for the assessment year 1958-59, on February 27, 1959, showing an income of Rs. 4,319.48 under the head 'Business' which comprised his income out of his share in M/s. Consolidated Construction Co., Cuttack. The return was verified as required under the I.T. Act. The accused had disclosed that he had 1/3rd share in M/s. Consolidated Construction Co., Cuttack, and had no other source of income. The assessment was completed by the ITO on February 28, 1959, on the relief that no other income ...
R. Satyanarayan Murty Vs. V. Raghu Ramarao and ors.
Court: Orissa
Decided on: Jan-06-1981
Reported in: AIR1982Ori244
Misra, Actg. C.J.1. Challenge in this application for a wril of certiorari is to the order passed by the Additional District Magistrate (opposite parly No. 3) in exercise of appellate jurisdiction under the Orissa Land Reforms Act (hereinafter referred to as the 'Act'), Opposite party No. 1 claiming to be a tenant in respect of 1.60 acres of land as detailed in paragraph 2 of the writ petition moved the Revenue Officer by filing two separate applications under Section 36-A of the Act. The first application which was registered as O. L. R. Case No. 785 of 1976 related to 1.00 acre of land while the other registered as O.L.R. Case No. 1964 of 1976 was in respect of Ac.0.60 decimals of land. Pending adjudication of these two cases, the tenant-opposite party No. 1 also applied under Section 15 ofthe Act before the Revenue Officer in O. L. R. Case No. 2380 of 1976 for the self-same land on the allegation that the landlord was interfering with his cultivating possession. The tenant ap--plied...
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