Orissa Court June 1984 Judgments
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Naran Behera (Died) and anr. Vs. Mohan Jethi and ors.
Court: Orissa
Decided on: Jun-20-1984
Reported in: AIR1985Ori40; 58(1984)CLT169
G.B. Patnaik, J.1. Plaintiffs are appellants against the judgment and decree of the 4th Additional Subordinate Judge, Cuttack, in Title Suit No. 67 of 1970. Plaintiffs' suit is one for declaration of right, title and possession in respect of lots Nos. 1 and 2 of Schedule A properties and recovery of possession with respect to the house standing on plot No. 2098 included in Lot No. 2 of the Schedule. The total extent of the suit land is Ac. 0.282.2. According to the plaint case, one Ananda had two sons -- Naran and Alekha Alekh's son is Ratha (plaintiff No. 2) and Alekh's widow is Saria (defendant No. 6). Naran is plaintiff No. 1 and his son Srikanta is plaintiff No. 3. Naran's first wife is Haramani (defendant No. 5). The further case of the plaintiffs is that after death of Alekh Naran married Alekh's widow Saria. Haramanfs father is defendant No. 1 and defendants 2 and 3 are sons and defendant No. 4 is the wife of defendant No. 1. Admittedly, Schedule A properties belong to defendant...
Binayak Sabatho and Sons Vs. Municipal Council, Berhampur and ors.
Court: Orissa
Decided on: Jun-20-1984
Reported in: AIR1985Ori263
G.B. Patnaik, J. 1. Plaintiff is the appellant against the judgment and decree of the Additional Subordinate Judge, Berhampur, in a suit for realisation of a sum of Rs. 48,926.59 illegally collected from it by the defendant No.1-Municipality as octroi tax and for permanent injunction against the defendants not to collect octroi tax in future. 2. According to the plaintiff, turmeric and cereals were not notified as articles approved by the State Government on which there could be imposition of octroi. But notwithstanding the same, the Municipality levied octroi on these articles and forcibly collected octroi tax on different dates to the extent of Rs. 37,022.09, as shown in the schedule appended to the plaint, from the plaintiff. Since the Municipality had no jurisdiction to levy octroi on turmeric and cereals, the amount illegally realised by it along with interest must be refunded to the plaintiff. It is the further case of the plaintiff that the Bye-laws notified in. April, 1964 and ...
Bhikari Charan Patra Vs. Basanti Bewa and ors.
Court: Orissa
Decided on: Jun-19-1984
Reported in: AIR1985Ori49; 58(1984)CLT145
ORDERR.C. Patnaik, J.1. This revision has been occasioned by the rejection of an application filed by the defendant 1 petitioner for acceptance of a document during recording of the evidence for defendant 1.2. Opposite parties Nos. 1 and 2 filed Original Suit No 145 of 1979 for deletion of the entry against plot No. 1955 in the recorded rights that defendant 1 was in possession on the basis of an oral sale in 1966 and for correction thereof by recording the names of plaintiff 1 and Radhakanta Math, pro forma defendant 2, and for permanent injunction restraining defendant 1 from interfering with their possession.3. Plaintiff 1 is the widow of one Satrughna Patra and plaintiff 2 is her son Satrughna purchased the disputed land by a registered sale deed Dt. 18-2-58. He possessed the same until his death in 1959. Thereafter the plaintiffs were in enjoyment During the Hal Settlement operations defendant 1 manipulated to obtain a note that he was in possession on the basis of an oral sale in...
Miss Swapna Rani Das Vs. Utkal University and anr.
Court: Orissa
Decided on: Jun-19-1984
Reported in: AIR1985Ori37; 58(1984)CLT221
R.C. Patnaik, J.1. In this application under Article 226 of the Constitution the petitioner seeks the quashing of the decision of the Syndicate dt. 30-9-82 requiring her to pass the Intermediate of Arts examination for admission to the Bachelor of Arts examination of the University and for a mandamus to the opposite party No. 1 to admit her to the Bachelor of Arts Examination.2. The petitioner took the Intermediate of Arts examination from the Bhadrak Evening College in the year 1982, her optional subjects were Oriya Economics and Political Science. English and M.I.L (Oriya) were the compulsory subjects. In due course the result was published and she was declared to have passed the said examination. She obtained mark-sheet from her college on 10-6-82 and a provisional certificate from the University on 6-9-82 to that effect. The college leaving certificate was granted to her on 20-6-82. Both in the college leaving certificate and in the provisional certificate she was shown to have pas...
Jadumani Naik and ors. Vs. Jyostna Naik and ors.
Court: Orissa
Decided on: Jun-19-1984
Reported in: AIR1986Ori28
ORDERR.C. Patnaik, J. 1. This revision is directed against an order passed by the trial Judge declaring a compromise invalid so far as plaintiff No. 3 was concerned.2. In Title Suit No. 145 of 1977 plaintiffs 1 to 5 and defendants 7 to 11 entered into a compromise. Plaintiff Nos. 3 to 5 were minors. So, the guardian sought permission to sign the compromise petition on behalf of the minors. Permission having been granted, the guardian entered into the compromise. The compromise was recorded. Subsequently plaintiff No. 3 on attaining majority filed an application for recall of the compromise, so far as she was concerned, on the ground that the compromise had been fraudulently obtained and the requirements of Order 32, Rule 7 of the Civil P. C. had not been complied with. She contended that new Sub-rule (IA) of Rule 7 of Order 32 mandatorily required that an application for leave under Sub-rule (1) should be accompanied by an affidavit of the next friend or guardian to the effect that the...
Kaluri Balakrishna Rao Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-19-1984
Reported in: AIR1985Ori52; 58(1984)CLT94
R.C. Patnaik, J.1. This is an appeal against a decree of dismissal of a suit filed by the appellants for a declaration that the Kudiwaram interest in the suit property did not vest in the State of Orissa pursuant to the vesting notification dt 11-12-64 directing vesting of intermediary interests and for a declaration that the entries in favour of defendants 4 to 34 in the record-of-rights finally published in 1952 were without jurisdiction and for permanent injunction restraining the State of Orissa from interfering with the appellants possession.2. The plaint case shortly stated is that the lands described in the schedule appended to the plaint were enfranchised minor inam granted in the year 1791. In 1862 during the enquiry into the inams, it transpired that the Inamdars and their alienees had reclaimed the land and made the same cultivable. So, title deed No. 486 was issued The plaintiff-appellants have alleged that both the Melwaram and Kudiwaram interests inhered in the Inamdars. ...
Banambar Tripathy Vs. Collector of Ganjam and anr.
Court: Orissa
Decided on: Jun-19-1984
Reported in: AIR1986Ori80
ORDERR.C. Patnaik, J. 1. This revision is directed against an order of the trial Judge directing abatement of the suit under Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.2. The petitioner instituted a suit for a declaration that the encroachment proceeding started by the Tahsildar, Aska was illegal and for recovery of Rs. 100/- as damages for the tortious acts of the second defendant.3. The trial Judge being of the view that the suit involved adjudication of question of title directed abatement of the suit.4. The question is : Would a suit of the nature and seeking the reliefs, as aforesaid, stand abated?.5. It is elementary that aggrieved party under our jurisprudence is not without a remedy. The Civil Court has jurisdiction to entertain and try a lis unless its jurisdiction is ousted expressly or by necessary implication-Can one say on reading the provisions contained in Section 4(4) and Section 51 of the Act that jurisdiction...
Laxman Patnaik Vs. Cuttack Municipal Council, Cuttack and ors.
Court: Orissa
Decided on: Jun-19-1984
Reported in: AIR1985Ori90; 58(1984)CLT195
ORDERR.C. Patnaik, J.1. In this revision, the plaintiff impugns the order of the trial Court rejecting his application for amendment of the plaint.2. The plaintiff has sought a decree for permanent injunction restraining the defendants from interfering with his possession and alternatively, if it is found that he has no title, for a decree of permanent injunction restraining the defendants from interfering with his possession without recourse to the procedure established by law.3. The suit was instituted for certain action taken by the authorities during the middle of 1975. The plaintiff has alleged that a part of his building abutting on municipal road was pulled down arbitrarily and without sanction of law; assuming that the land belonged to the Jagannath Road Fund, by his open and hostile user for more than the statutory period, hehad acquired title and was not liable to be dispossessed The suit for permanent injunction has been founded on these allegations.4. Defendants 1 and 2 in ...
B.K. Kutty Vs. State
Court: Orissa
Decided on: Jun-19-1984
Reported in: 58(1984)CLT53; 1984(II)OLR597
B.K. Behera, J.1. The appellant stood charged for commission of offences punishable under Section 5(2) read with Section 5(1) (c) of the Prevention of Corruption Act, 1947 (for short, the Act) and Section 467 of the Indian Penal Code (for short, the Code) in the Court of the Special Judge, Sambalpur, as follows;'First--That you B.K. Kutty being a public servant i. e., in the capacity of Steno to R. T. O. Sundargarh, in December, 1972, dishonestly or fraudulently misappropriated or converted to your own use a sum of Rs. 325/- by forging the R. C. Book of Car No. ORO 5323 and by putting a false R.C. No. 1034 dt. 20. 11. 72, which sum was entrusted to you in the said capacity, which was under your control by one Kundanlal of Old Station, Rourkela, towards the tax of his said car and thereby committed an offence punishable under Section 5(2) of the Prevention of Corruption Act read with Section 5 (1) (c) of the Prevention of Corruption Act, and within my cognizance.Second--That you B.K. Ku...
Parikshita Jena Vs. State of Orissa Represented by the Secretary, Home ...
Court: Orissa
Decided on: Jun-19-1984
Reported in: 1984(II)OLR627
R.C. Patnaik, J.1. The petitioner has filed this writ application under Article 226 of the Constitution 6f India for the quashing of the Government order as per Annexure-5 withdrawing its earlier decision stepping up his pay with effect from 10. 8. 76.2. The petitioner and one Adikanda Mallick took the recruitment examination conducted by the Orissa Public Service Commission for the post of Lower Division Assistant. The petitioner secured the 77th position while Adikanda secured 85th. Both of them were recruited as Lower Division Assistants in the Home Department towards the end of 1971.3. Prior to his joining Home Department, Adikanda was serving in the office of the Labour Commissioner, Orissa, and was drawing a salary of Rs. 150/-. His pay was, therefore, fixed under Rule 74 (1) of the Orissa Service Code in the scale of pay of Rs. 90-150/- prescribed for the post of Lower Division Assistant.4. Adikanda and the petitioner were promoted to Grad-e-II posts, the former on 10. 8. 76 and...
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