Orissa Court December 1981 Judgments
Kangalu Padhan and anr. Vs. Dhaneswar Mishra and ors.
Court: Orissa
Decided on: Dec-24-1981
Reported in: AIR1982Ori120b; 53(1982)CLT413
B.N. Misra, J.1. The plaintiffs are the appellants. They filed Title Suit No. 13 of 1969 in the Court of the Munsif, Sonepur for declaration of their title over the suit lands and for perpetual injunction against the defendants. The following genealogy described in the plaint shows the relationship of the defendants. DHANESWAR (D. 1) | ________________________________ | | Bipinbehari Kunjabehari =Bondani (D. 2) (D. 3) | ____________________ | | Ramjee Gopaljee (D. 4) (D.5)According to the plaintiffs, since a long time there was partition between the late Bipin (husband of defendant No. 3) and Kunja (defendant No. 2), the two sons of Dhaneswar (defendant No. 1). Since then they have been separate in mess and property. The suit lands had fallen to the share of Bipin at the partition and he was possessing the same as his separate property in his own right, title and interest. Bipin was the Karta of the joint family consisting of himself and defendants 3, 4 and 5. They were governed by Hin...
Tag this Judgment!S.B. Goenka Vs. Rajendra Prasad Agarwalla
Court: Orissa
Decided on: Dec-23-1981
Reported in: 1982CriLJ1228
ORDERR.C. Patnaik, J.1. The petitioner, a Director of Messrs Foods, Fats and Fertilisers Limited, a company registered under the Companies Act. 1956, has filed this writ application for quashing the criminal proceeding instituted against him Under Section 420 of the Penal Code by the opposite party.2. The company specialises in the manufacture of special types of fats, fertilisers and especially of an oil made out of mango kernel. It needs a large quantity of mango kernels and acquires the same from various parts of the country through its agents and brokers. One Govindaram of Messrs Govindaram Nichaldas & Co., a company of brokers, acted as the commission agent of the petitioner. As per the allegations contained in the complaint petition, in the second week of September. 1978 the petitioner and Govindaram placed an order for supply of mango kernels at the rate of Rs. 750.00 per M. T. - F. O. R. Tadepalligudem (where the factory of the petitioner is located). It is alleged that the pet...
Tag this Judgment!Sadasiba Ratha and ors. Vs. Bimala Dibya and ors.
Court: Orissa
Decided on: Dec-22-1981
Reported in: AIR1982Ori129
R.C. Patnaik, J.1. Defendants 1, 2 and 3 are the appellants. The courts below have concurrently decreed plaintiffs' suit for partition of her 1/3 share declaring that the defendant No. 3 is not the adopted son of the plaintiff and her late husband and the entry in the record-of-rights describing defendant No. 3 as the son of Rajkisore is erroneous and the entries recording the names of defendants 6 and 8 as occupancy raiyats are wrong and directing correction of the entries in the record-of-rights showing defendants 2 to 6 and 8 as occupancy raiyats.2. The late husband of the plaintiff and defendants 1 and 2 are brothers. The plaintiff alleges that she is entitled to 1/3 share in the joint family properties. The suit property being estates vested in the State Government and were settled under Sections 6 and 7 of the Orissa Estates Abolition Act with the plaintiff and defendants 1 and 2. Her earlier suit for partition in O. S. No. 15/28 of 1952-1951-1 in respect of the properties which ...
Tag this Judgment!Bauri and ors. Vs. Natabar SwaIn and ors.
Court: Orissa
Decided on: Dec-22-1981
Reported in: AIR1982Ori268
B.N. Misra, J.1. This appeal arises out of Title Suit No. 219 of 1970 filed by the plaintiff in the Court of the Second Munsif, Cuttack, The prayer of the plaintiff was that defendants 1, 2 and 3 should be permanently injuncted from interfering with the possession of the plaintiff and pro forma defendants 4 and 5 over the disputed plot No. 1408 and the five mango trees standing thereon.2. The plaintiff's case is that the disputed plot No. 1408 appertaining to Khata No. 167 of village Kuliagaon stands recorded in the names of Shyam Swain, Dhaneswar Swain and the plaintiff. Shyam Swain has gifted his 1/3rd share in the suit plot in favour of pro forma defendant No. 4 by a registered deed of gift in the year 1964. Dhaneswar Swain died leaving behind him his widow, pro forma defendant No. 5 as his only heir. It is claimed that the plaintiff and pro forma defendants 4 and 5 are the full owners in possession of the disputed plot No. 1408. There were seven old mango trees standing on the disp...
Tag this Judgment!Satyajit Roy Choudhury and ors. Vs. Utkal University and ors.
Court: Orissa
Decided on: Dec-22-1981
Reported in: AIR1982Ori266; 53(1982)CLT383
Patnaik, J.1. The petitioners, whotook the annual Intermediate Examination in Arts and Commerce, 1981 fromthe Adikabi Saraladas College Centre.Tirtol, have filed this writ applicationimpugning the notification dated 22-6-1981 (Annexure-2) issued by the UtkalUniversity cancelling the results of theexaminees who took the IntermediateExamination in Arts and Commerce fromthe said Centre. 2. The petitioners contend that after taking the examination they were waiting for the results to be published. But to their dismay, they learnt that the results had been cancelled on around that there was mass malpractice. They contend that there was intensive invigilation during the examination and proper supervision was made by the University by deputing teachers serving in the University and other colleges. There was no report before the University that the petitioners had indulged in any unfair means. The University was also not right in cancelling the results of all the examinees taking the examinati...
Tag this Judgment!Sri Baikunthanath Das Vs. Chief Dt. Medical Officer and ors.
Court: Orissa
Decided on: Dec-22-1981
Reported in: 53(1982)CLT251; (1982)IILLJ198Ori
B.K. Behera, J.1. The petitioner in O.J.C. No. 412 of 1976 was serving as a Pharmacist when he was served with the order of compulsory retirement (Annexure-1) dated February 13, 1976 and the petitioner in O.J.C. No. 475 of 1976 had been serving as Lady Health Visitor when she was compulsorily retired from service by the order (Annexure-1) passed on the same day. Both these orders have been passed by the Governor in exercise of the powers conferred under the first Proviso to Sub-rule (a) of Rule 71 of the Orissa Service Code (hereinafter referred to as the 'Code' which reads :71. (a) Except as otherwise provided in the other clauses of this rule the date of compulsory retirement of a Government servant, except a ministerial servant who was in Government service on the 31st March, 1939 and Class IV Government servant, is the date on which he or she attains the age of 58 years subject to the condition that a review shall be conducted in respect of the Government servant in the 55th year o...
Tag this Judgment!Dusmanta Kumar Dash Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-21-1981
Reported in: 1982CriLJ1627
R.N. Misra, C.J.1. Challenge in this application under Article 226 of the Constitution is to the order dated 10-8-1981 made in exercise of powers under Section 3(2) of the National Security Act, 65 of 1980 (hereinafter referred to as the 'Act') by the District Magistrate (opposite party No. 2) and grounds of detention as given in Annexure-1 were communicated on 12-8-1981.2. The five grounds were provided to the detenu in accordance with the requirements of Section 8 of the Act. Shortly stated, the grounds are:(i) On 9-2-1981 at 6 P. M. the detenu along with one Pradeep Kumar patnaik alias Chandu armed with gupti entered into the college campus of Nirakarpur College and forcibly took away a Lambretta Scooter No. APV 7079 belonging to Sri B. K. Murty, Head of the Department of physics of the said College from his residence in spite of protests and entreaties, The detenu found that the scooter was not in working order and carried it to a mechanic for repairs. The owner of the scooter alon...
Tag this Judgment!Khirod Chandra Sahu Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-21-1981
Reported in: 1982CriLJ1928
R.N. Misra, C.J.1. In this application under Article 226 of the Consln. challenge is to the order of detention (Annexure-1) dated 20-10-1981 by which the District Magistrate of Cuttack (opposite party 2) directed the detention of the petitioner in exercise of powers under Section 3(2)(a), Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.2. The following two grounds were in due course communicated to the petitioner in support of the order of detention:(i) The detenu is admittedly the Manager of the cement stockist, namely, Shrima Iron Stores, College Square. Cuttack-3, the proprietress of which is Smt. Kalyani Sahu. The above firm deals with cement procured from Andhra Cement Company, Visakhapatnam. The said detenu being the husband of the proprietress, manages the cement business on behalf of the proprietress keeping the lady in the background. At the time of verification of the stock registers of this firm, the detenu produced the stock regis...
Tag this Judgment!Dr. Sanjukta Panda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-16-1981
Reported in: AIR1982Ori120; 54(1982)CLT77
R.N. Misra, C.J.1. Each of these applications under Article 226 of the Constitution is by a Medical Graduate who completed the Rotating Housemanship after 30-6-81 and whose application made for admission into the Resident House Staff Course (hereinafter referred to as 'R.H.S.') for the 1981-82 session has not been entertained. In each of the writ applications the prayer is for a direction to the authorities to entertain the application for admission and to permit the petitioner to sit at the entrance examination and for other consequential directions.Each of the petitioners passed the M.B.B.S. examination in 1980 but completed the Rotating Housemanship after 30-6-81. The prospectus for the R.H.S. course for the 1981-82 session indicated that--'The candidates are required to fulfil the requirements by 30-6-31.'One of the requirements in para 3 of the prospectus was to the following effect:--'3 (ii). The candidate must have satisfactorily completed the compulsory Rotating Intership/House...
Tag this Judgment!Dr. Niranjan Pradhan and Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-16-1981
Reported in: AIR1982Ori153; 56(1983)CLT111
B.N. Misra, C.J.1. Each of these applications under Article 226 of the Constitution is by a doctor in the employment of the State and challenge in each of these applications is to the weightage provided under Clause 5 (1) (b) of the Prospectus for admission into the Post-Graduate Courses at the three Medical Colleges of the State and outside the State for the Session 1981-82. As a common question has been raised in all these applications and counsel for both sides submitted common arguments at a combined hearing, we propose to dispose of all these five applications by a common judgment.2. In all these cases except O.J.Cs. 1962 and 2294 of 1981, the facts pleaded are these. The petitioners are Medical Graduates in the employment of the State. While the petitioner of O.J.C. No. 2010 of 1981 is a member of the Scheduled Caste, the petitioner in each of the other two cases is not. Medical service under the State Government is divided into two broad categories: (a) teaching posts confined t...
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