Orissa Court April 1982 Judgments
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Chhotabhai and anr. Vs. Iswaribhai
Court: Orissa
Decided on: Apr-16-1982
Reported in: AIR1982Ori203
ORDERB.N. Misra, J. 1. This revision is directed against the order dated 10-11-78 passed by the learned Subordinate Judge. Sam-balpur, in Misc. Case No. 93 of 74 allowing the application under O. IX, R. 13, C. P. C. filed by the defendant-opposite party,2. The facts may be briefly stated. Petitioners as plaintiffs have filed Money Suit No. 6 of 63 in the court of the learned Subordinate Judge, Sambalpur, for recovery of Rs. 92750/- from the defendant-opposite party with pendente lite and future interest at 9 per cent per annum. The defendant had appeared in the trial court and filed his written statement on 14-12-63. The suit was posted for the first time for hearing to 10-4-64. After several adjournments and examination and cross-examination of six witnesses for the plaintiffs the suit was posted to 24-9-74 for hearing. On that date the plaintiffs were present with three witnesses, but the defendant did not take any steps and neither he nor his Advocate was present when the casewas ca...
Sukadev Singh Vs. the State Transport Authority and ors.
Court: Orissa
Decided on: Apr-13-1982
Reported in: 1983CriLJ528
R.N. Misra, C.J.1. Public Transport Services Association, an association registered under the Societies Registration Act. XXI of 1860, and the owner of a public carrier, filed a writ application under Article 22(5) of the Constitution which came to be registered as O. J. C. No. 1352 of 1980. Nine public carrier operators including Sukadev Singh (petitioner in the contempt proceedings) were added on their application as intervenors in the writ application by order dt. 19-1-1981. Petitioners in the writ application alleged that adequate notice had not been given by opposite party No. 3, the State Transport Authority, of the notification bearing No. 1001 dt. 4-7-1980 inviting applications from intending applicants for inter-State routes under the Central Zone Permit Scheme and, therefore, applications submitted by operators pursuant to the notification under Annexure-1 should not be considered and a mandatory direction be given for wide publication of the notice in the official Gazette as...
Ram Raja Ram Vs. Dhruba Charan Jena
Court: Orissa
Decided on: Apr-09-1982
Reported in: AIR1982Ori264; 53(1982)CLT537
P.K. Mohanti, J. 1. This second appeal is by the plaintiff against a decree of reversal arising out of a suit for recovery of a sum of Rs. 3,119.35 on the basis of a promissory note dated 4-10-1966,2. The plaintiff's case is that he is the sole proprietor of the firm 'Bhagwan Ram Ramrajaram' and he carries on business in steel furnilure, asbestos etc. The defendant was serving as a salesman under him and was in charge of cash and stock. The plaintiff while checking the accounts of the firm detected shortage of cash to the tune of Rs. 4,500/-and the defendant admitted to have misappropriated the same and voluntarily executed the suit promissory note in hisown hand on 4-10-1966 agreeing to repay the same on demand with interest at the rate of 12 p. c. p. a. During the period from 5-6-1968 to 5-4-1969 the defendant paid a sum of Rs. 550/- by instalments and endorsed the total amount of payment on the back of the promissory note on 5-4-1969. He also adjusted a sum of Rs. 830.65 out of his ...
Dharamchand JaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-07-1982
Reported in: AIR1982Ori163
R.N. Misra, C.J. 1. On 15th of July, 1969, petitioner in O. J. C. No. 1240 of 1976 applied to the State Government for grant of a mining lease of iron ore over an area of 251 acres in village Dalpahara in Champua sub-division of the district of Keonjhar. As the said application was not disposed of within twelve months from the date of its receipt, petitioner invoked the revisional jurisdiction of the Central Government under the Mineral Concession Rules against the deemed rejection. On 5th Jan., 1971, the State Government forwarded its comments on the revision application and it was pointed out that the area for which the petitioner applied lay within the leasehold area of M/s. M. A. Tulloch & Co. for manganese ore. On 15th Feb., 1971, petitioner sent his counter-comments and stated that M/s. M. A. Tulloch & Company had confirmed that they had taken lease for manganese ore only and had no objection if the area applied for by the petitioner for iron ore was given to the petitioner. On 5...
D. Chaturbhuj JaIn Bhansali and anr. Vs. Bijoy Chandra Bakshi and ors.
Court: Orissa
Decided on: Apr-06-1982
Reported in: AIR1982Ori178; 53(1982)CLT529
Das, J.1. Tenant in a proceeding for eviction under the Orissa House Rent Control Act is the petitioner. Admittedly, petitioner is a tenant under opposite party No. 1 in respect of a double-storeyed building on the main road of Jeypore town. Opposite party No. 1 filed a case for eviction on the ground that petitioner No. 1 has sublet the house to petitioner No. 2 and is in arrears of house rent and that opposite party No. 1 requires the house in good faith for his residence and for opening a shop.2. The present petitioners in their counter contended that petitioner No. 2 is the son of petitioner No. 1 and there is no question of subletting. He is not a wilful defaulter. It is further stated that opposite party No. 1 has got sufficient other houses and at present he is residing in his ancestral house which has been divided into four equal portions. There is no need of opening any shop.3. The House Rent Controller dismissed the application for eviction, but the appellate court set aside ...
Laxman Hota Vs. Rama Chandra Hota and ors.
Court: Orissa
Decided on: Apr-05-1982
Reported in: AIR1982Ori194; 53(1982)CLT488
B.N. Misra, J.1. This appeal has been filed by the plaintiff against the affirming decision of the learned Additional District Judge, Puri. Plaintiff's suit is for specific performance of contract and costs. The following genealogy which is admitted would show the relationship of the parties. Somanath Hota - Golapi--D.3 _______________________|__________________________ | | | | | |Ramohandra Laxman Bharat Satrughna Bijay Ajay D.1 (Plff.) D.2 D.4 D.5 D.6The suit is in respect of A.O. 2 3/16 deci-mals out of A.O. 07 decimals of homestead land appertaining to plot No. 238, Khata No. 94 of Mouza Satyabadi alias Penthapada, The following facts are not in dispute. First, the suit land being l/3rd of the suit plot had fallen to the share of the plaintiff in a partition between him, his brother (defendant No. 1) and his father, the late Somanath, before the other brothers were born. Second, on 15-4-1963, while defendant No. 2 was a minor, the plaintiff sold the suit land to defendant No. 2 rep...
Prasanna Mali and ors. Vs. Raghumani Misra
Court: Orissa
Decided on: Apr-05-1982
Reported in: AIR1982Ori213; 54(1982)CLT48
B.N. Misra, J.1. The defendants have filed this appeal against the affirming decision of the learned Subordinate Judge, Sonepur. Plaintiffs ease is that the suit lands were recorded in his name and in the names of his brothers in the Fourth Settlement of village Arigaon in Sonepur. In the partition between the plaintiff and his brothers the suit lands had fallen to the share of the plaintiff. In the year 1943, the plaintiffs father took a loan of Rs. 30 from the original defendant, the late Baikuntha alias Beda Mali (the present defendants are the legal representatives of the late Baikunntha), and executed a deed of mortgage in respect of the suit lands. The father of the plaintiff and the late Baikuntha had agreed that the mortgage debt would be repaid out of the usufruct of the suit lands. The late Baikuntha had been in possession of the suit lands since 1943 and though the entire mortgage debt had been paid off several years age, he was not vacating possession of the suit lands in s...
The State Vs. Kanhu Charan Barik
Court: Orissa
Decided on: Apr-05-1982
Reported in: 1983CriLJ133
R.C. Patnaik, J1. Reference has been made under Section 366 of Criminal P. C. by the Court of Session, Puri, for confirmation of the sentence of death imposed by it on Kanhu Charan Barik upon his conviction under Section 302 of Penal Code. There is also an appeal by Kanhu against the conviction and the sentence passed by the Sessions Judge. Both the reference and the appeal have been heard analogously and are being disposed of by this judgment.2. A tragedy descended upon the family of Laxmikanta Choudhury on 2-2-1981. Gouri, his wife and mother of Umakanta and Anita, was brutally killed between 11.30 a.m. and 1 p.m. that day.3. Laxmikanta Choudhury was serving as a Superintending Engineer in the Lift Irrigation Department of the Government and was posted at Bhubaneswar. As no post of orderly attached to residence had been sanctioned, two persons, namely, Satrughna and Kanhu Charan Barik. had been spared by the office for rendering service in the residence of Sri Choudhury. Initially, K...
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