Orissa Court December 1983 Judgments
Narasingha Charan Acharya Vs. State of Orissa
Court: Orissa
Decided on: Dec-23-1983
Reported in: AIR1985Ori62
Behera, J.1. Challenge in this writ application under Articles 226 and 227 of the Constitution is to the order of removal of the petitioner, as per Annexure-7, by the Assistant Director of Fisheries Assistant Registrar, Co operative Societies, Cuttack, on the ground that while functioning as the President of the Pattamundai Primary Fishermen Co-operative Society (for short, the 'Society') from 12-11-1973, his continuance beyond 13-11-1982 after having completed a period of nine years was illegal in view of the provision contained in Section 28(4) (b), Orissa Cooperative Societies Act, 1962 (the Act, for short). As averred in the writ application and the counter affidavits put in by the opposite parties the petitioner was first elected to be the President of the Society in 1975 and for the second term in 1980 and had been continuing as such till the time of his removal as per Annexure-7 D/- 17-8-1983. As submitted at the Bar, the petitioner had also been functioning as the President of ...
Tag this Judgment!Bauribandhu Patra Vs. Biswanath Behera and ors.
Court: Orissa
Decided on: Dec-23-1983
Reported in: AIR1984Ori118; 1984(I)OLR276
ORDERR.C. Patnaik, J. 1. These revisions are directed against orders passed by the learned Munsif, Daspall, dismissing execution applications filed by the petitioner holding that the decrees were no longer executable in view of Section 18 (7) of the Orissa Money Lenders (Amendment) Ordinance, 1975 (hereafter referred to as Sub-section (8) of Section 18-B of the Orissa Money Lenders Act, 1939. 2. It is unnecessary to narrate the facts of each of the revisions for appreciation of the questions involved. Suffice to narrate the facts of Civil Revision No. 436 of 1980. 3. The petitioner obtained a money decree in Money Suit No. 8 of 1974-III for realisation of an amount advanced by him as loan to the opposite party. He executed the decree in execution case No. 7 of 1978, The opposite parties moved an application under Section 13 of the Orissa Money Lenders Act, 1939, (for short, 'the Act') seeking a direction for payment of the amount under execution by instalments. The executing Court gran...
Tag this Judgment!Santi Devi Vs. Life Insurance Corporation of India
Court: Orissa
Decided on: Dec-23-1983
Reported in: [1986]59CompCas774(Orissa); 1984(I)OLR399
R.C. Patnaik, J.1. This appeal arises from a dismissal of an action started on a motion by the widow on the death of her husband for recovery of a sum under a contract of life insurance.2. Rama Abatar Agarwala, the deceased husband of the appellant, submitted a proposal for life insurance through the local agent of the Life Insurance Corporation of India, Rourkela. Along with the proposal were submitted the report of the doctor and the report of the agent. Rama Abatar also deposited Rs. 225.45. A receipt was granted therefor by the branch office and the branch manager, it is alleged, intimated that the proposal would be accepted and policy issued within a short while. On December 1/2, 1967, the Corporation asked Rama Abatar to submit a further medical report from another authorised doctor of the Corporation. Examination was done on December 14, 1967, and the report was submitted to to the defendant-respondent on December 19, 1967. The plaintiff-appellant has averred that, while accepti...
Tag this Judgment!Radha Govinda Swamy and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-1983
Reported in: 57(1984)CLT188; 1984(I)OLR168
R.C. Patnaik, J.1. In these writ applications, the petitioners have challenged the vires of certain provisions of the Orissa Estates Abolition Act, 1951, as amended by the Amending Acts of 1974, 1978 and 1979. They have also challenged the vires of the notifications under section 3A of the Act and sought a declaration that the said, notification is illegal and has no application as regards them. A prayer has also been made for a direction for incorporation of a provision akin to Article 290A of the Constitution of India guaranteeing payment of annuity and for other reliefs.2. The Orissa Estates Abolition Act, 1951 (Orissa Act 1 of 1952) coming in the wake of the constitution, made provision as the preamble indicates for abolition of rights, title and interests in land of intermediaries by whatever name known including the mortgagees and lessees of such interests between the raiyats and the state of Orissa and for vesting in the State of the said rights, title and interest. The enactmen...
Tag this Judgment!Dayanidhi Naik Vs. Mangala Thakurani and anr.
Court: Orissa
Decided on: Dec-23-1983
Reported in: 1984(I)OLR186
R.C. Patnaik, J.1. This is a second appeal from a decision of the Deputy Commissioner of Endowments reversing the decision of the Assistant Commissioner and allowing an application filed by respondent No. 1 under section 41 of the Orissa Hindu Religious Endowments Act, 1951 for a declaration that the property- 7.32 acres in extent was the specific endowment of the deity Mangala Thakurani of Kakatpur.2. Respondent No. 1 alleged that according to prevailing custom pipe was blown at the time 'Naibedya' was referred. The property belonged to Mohant Sri Raghu Nandan Ramanuj Das of Emar Math. He endowed the property as Jagir for Debadasiseba and blowing of Kahali (Pipe). One harlot family was in enjoyment of the property as Jagir and rendering the, service. In 1928 the then Mahant quit the rent. At that time one Ani Bai was rendering the seba. She was issue-less and had lost her spouse. She adopted the appellant as her son and made a gift of the property in favour of the appellant by two reg...
Tag this Judgment!Ramakrushna SwaIn and ors., Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-1983
Reported in: 1984(I)OLR289
R.C. Patnaik, J.1. The petitioners in these writ applications seek quashing of the decision of the Government in the Finance Department (Annexure-3) revising and lowering the scales of pay fixed by the Orissa Revised Scales of Pay (for non Gazetted Officers) Rules, 1974 (for short,the Rules') for the posts of Head Traversers, Traversers Grade- I and Traversers Grade II, in exercise of power vested under rule 13 of the Rules.2. The petitioners were working as Traversers in defferent grades in the Survey and Map 'Publication Organisation of the State Government. Prior to 1. 1, 1974, the scales of pay of the posts were as follows :-Head Traversets-Rs. 155-2507-Traversers Gr. I -Rs. 125-220/-Traversers Gr. II-Rs. 115-180/-The State Government constituted the Fourth Pay Committee to undertake comprehensive revision of the existing structure of the pay scales of the various catagories of the State Government employees and the Dear ness Allowance admissible to them, and to make recommendation...
Tag this Judgment!Judhistir Sahu and ors. Vs. Sesha Patra
Court: Orissa
Decided on: Dec-19-1983
Reported in: AIR1984Ori142; 1984(I)OLR206
G.B. Patnaik, J. 1. Defendants are appellants against an affirming judgment in a suit for declaration of title and confirmation of possession or in the alternative for recovery of possession. 2. The suit property comprises of 5.89 acres of agricultural land and a house standing on a portion of it in village Randha which is admittedly the property of one Nabin Patra. Nabin's son is Ulla. Nabin died in 1914 end Ulla died in 1928. Nabin's second wife is Jhara Patrani. It is alleged that plaintiff who is the natural born son of Krishna, brother of Nabin was taken in adoption by Jhara. Jhara executed a deed of gift in favour of defendant No. 1 in 1943. Certain disputes having arisen between Jhara Patrani and the present plaintiff, the present plaintiff filed a suit for declaration of title and recovery of possession claiming right, title and interest on the basis that he was the adopted son of Jhara Patrani. That litigation was fought up to the High Court and disposed of by the High Court i...
Tag this Judgment!Attadi Venketi Vs. Bharatam Ramulu and Sons
Court: Orissa
Decided on: Dec-19-1983
Reported in: AIR1984Ori226; 57(1984)CLT227; 1984(I)OLR270
ORDERP.K. Mohanty, J. 1. This Civil Revision arises out of a suit for recovery of money. 2. The plaintiff is a wholesale dealer in cloth. He filed the suit on the allegation that the defendant who is a dealer in ready-made garments used to purchase cloths from him on credit and make payments from time to time in due discharge of the credit account. Last purchase was made by the defendant on 16-8-73 and the last payment was made by him on 28-9-73. Thereafter the defendant discontinued his business transaction with the plaintiff. A sum of Rs. 1,476.67 paise was left unpaid by the defendant. He did not pay up the dues despite demands. Hence the suit for recovery of Rs. 1.474.67 paise with interest at 12 p. c. p. a. 3. The defendant admitted that he had business transactions with the plaintiff and that he was making payments towards the total dues from time to time, but contended that he had discontinued his business transaction with the plaintiff after 1972. The allegation that last purch...
Tag this Judgment!Mahendra Mallik Vs. Brundaban Das
Court: Orissa
Decided on: Dec-17-1983
Reported in: AIR1984Ori62; 1984(I)OLR135
G.B. Patnaik, J.1. Defendant is the appellant against a reversing, judgment. The suit was filed for a declaration that the document (Ext. A) executed on 19-1-1968 by the plaintiff though purported to be a sale deed conveying title was actually a deed of mortgage and for a direction to the defendant to re-transfer the property conveyed to him under the so-called sale deed after obtaining necessary permission from the Sub-Divisional Officer.2. According to the plaint case, as he was in need of money to purchase certain homestead land from one Malati Debi, the plaintiff approached the defendant for a loan of Rs. 1,500/- by mortgaging the property in question. Defendant agreed to advance the loan, but insisted that plaintiff should execute a sale deed and further orally agreed that the document would be treated as a deed of mortgage for all practical purposes and he would re-transfer the property or receiving the loan amount plus interest at the rate of nine per cent per annum. With this u...
Tag this Judgment!Mohan Patra Vs. Sumitra Sahu
Court: Orissa
Decided on: Dec-17-1983
Reported in: 1984(I)OLR151
G.B. Patnaik, J.1. This is a revision under Section 25 of the Provincial Small Cause Courts Act challenging the decree of the Subordinate Judge, Bargarh in S. C. C. Suit No. 127 of 1979/80. The plaintiff filed the suit for recovery of Rs. 430/- representing the house rent for the period from October, 1978 to September, 1979, with respect to the house bearing Holding No. 605 in Ward No. 3 of Bargarh Municipality. According to the plaint case, Biranchi, the father of the plaintiff, was the admitted owner of the house who had inducted the defendant as a tenant on a monthly rent of Rs. 40/-. Biranchi gifted away the property in favour of the plaintiff and delivered possession of the same to him. The plaintiff on becoming the owner of the house gave notice to the defendant to pay the rent but the defendant did not pay and hence the suit.2. The defendant in his written statement denied the assertion that Biranchi inducted the defendant as a tenant of the house. According to the defence case,...
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