Orissa Court December 1985 Judgments
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Subala Dehury Vs. Rupakar Dehury and anr.
Court: Orissa
Decided on: Dec-13-1985
Reported in: 1986(I)OLR154
R.C. Patnaik, J.1. This is an application for the quashing of a proceeding initiated under Section 145 of the Code of Criminal Procedure on the ground of pendency of a civil suit between the parties relating to the subject-matter of the dispute.2. Being satisfied on a police report that a dispute likely to cause breach of the peace existed, a proceeding under Section 145 of the Code of Criminal Procedure ( hereinafter called 'the Code') was initiated by the Magistrate. Later on motions were made on behalf of the police for attachment of the property as there was likelihood on mutual assault and bloodshed. By order dated 28-2-1985, the Magistrate considering the situation to be one of emergency, directed attachment under Section 146(1) of the Code despite the contention that a civil suit between the parties for partition respecting the property was pending before the learned Subordinate judge, Dhenkanal in Title Suit No. 80 of 1984.3. In this motion for quashing the proceeding, it is co...
Pitabas Sahoo Vs. the Managing Committee of Sahada N. N. M. E. School ...
Court: Orissa
Decided on: Dec-12-1985
Reported in: 61(1986)CLT105; 1986(I)OLR57
R.C. Patnaik, J.1. Sahada Netrananda M. E. School is a private Government aided educational institution in the district of Balasore. It has a dulv constituted Managing Committee. Pitabas Sahoo was its Headmaster. For certain alleged commission and omissions, the Managing Committee of the Schoo5 by resolution dated 13. 7. 1983 decided to suspend him. The Headmaster was placed under suspension with retrospective effect from 13. 7. 1983. He was asked to make over charge to Sri Kalicharan Panda, the senior most assistant teacher of the school. The District Inspector of Schools, Balasore Circle I, was informed about the arrangement and by letter dated 30. 8. 1983, he approved the arrangement 'til! the finalisation of the Case'. On 6, 8. 1983 charge-sheet was served on the Headmaster. The Director, Elementary and Adult Education, Orissa, was requested to appoint an officer to enquire into the charges On 11 8. 1983, the Managing Committee resolved to renew the suspension of the Headmaster. Th...
Rajat Ranjan Dash Vs. Board of Secondary Education, Orissa
Court: Orissa
Decided on: Dec-10-1985
Reported in: AIR1986Ori233; 1986(I)OLR106
Behera, J. 1. The petitioner appeared at the Annual High School Certificate Examination held in April, 1984 as an ex-regular candidate of the Gopabandhu Memorial High School, Danda-Mukundapur, Civics was his extra optional subject. On April 18, 1984, the last date of the examination, the petitioner had been appearing for the extra optional subject. For his alleged possession of two sheets of paper relating to the examination in respect of another optional subject, namely, physiology and Hygiene, for which a report was made by the Centre Superintendent, the matter was examined by the Malpractice Committee and the Examination Committee cancelled his result and debarred him from appearing at any examination prior to the Annual Examination of the year 1985. The petitioner has challenged this decision on the grounds that there was no material whatsoever against the petitioner of having resorted to any malpractice and the impugned punishment had been inflicted on him without affording to him...
Arjuna Naik Vs. Smt. Gangamani Patrani and ors.
Court: Orissa
Decided on: Dec-10-1985
Reported in: 61(1986)CLT6; 1986(I)OLR1
D. Pathak, C.J.1. This writ petition has arised out of a proceeding under Section 36-A of the Orissa Land Reforms Act, 1960 (Orissa Act 16 of 1960) (hereinafter referred to as 'the Act').2. The petitioner filed an application under Section 36-A in Form No. 19 of the Rules framed under the Act for a declaration that the land under his possession as a bhag-tenant is non-resumable and for issuance of a certificate under Section 36-A of the Act. The Revenue Officer-cum-Tahasildar, Nowrangour (Opposite Party No. 2), after hearing the parties. rejected the application and the petitioner being aggrieved by the said order referred an appeal before the appellate authority which was registered as O. L. R. Appeal No. 91 of 1977, in the Court of the Additional District magistrate (Land Reforms), Koraput. The appellate authority, after hearing the parties, set aside the order of rejection passed by the Revenue Officer and remitted back the case to him for allowing the petitioner to adduce evidence ...
Karunakar Gond and anr. Vs. Pitabas Sahu and ors.
Court: Orissa
Decided on: Dec-10-1985
Reported in: 61(1986)CLT30; 1986(I)OLR14
Pathak, C.J. 1. This writ application under Articles 226 and 227 of the Constitution of India arises cut of a proceeding under Section 23 of Orissa Land Reforms Act, 1960 (hereinafter referred to as the 'Act')2. A thumb nail narration of the facts leading to the present writ application if that on 29-12-65 the father of the petitioners sold Ac. 6.4 decimals of land in plot Nos. 1023. 1022, 1021. 976 ,977, 970/2 and 975 in Khata No. 72 of village Tipiguda to opposite parties 1 and 2 for a consideration of Rs.2,500/-. The petitioners are members of the scheduled tribe. A petition under Section 23 of the Act was filled by the father of the petitioners before the Sub-divisional Officer, Dharmgarh for setting aside the sale effected on 29-12-65 without obtaining the permission required under Section 22 of the Act with a further prayer restoration of possession of the land in question. The learned Revenue Officer, opposite party No. 3, by order dated 25-2-75 ( Annexure-3) in Revenue Misc. Ca...
State Vs. Kailash Chandra Agarwalla and anr.
Court: Orissa
Decided on: Dec-07-1985
Reported in: 1986(I)OLR160
S.C. Mohapatra, J.1. Both the respondents having been acquitted from the charge under Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') the present appeal has been preferred assailing the order of acquittal.2. Respondent No. 1 is the son of respondent No. 2 who had a shop in Chatrapur town. Respondent No. 2 holds a food licence to sell articles of food in that shop. Their residential house is ten to fifteen houses apart from the shop in question as is revealed from the evidence of D. W. 1.3. On 13. 6. 1979, the Food Inspector (P. W. 1) visited the shop and found three or four tins containing til oil in the shop of respondent No. 2. respondent No. 1 was carrying on the business in the shop at that time and respondent No. 2 was absent. He collected sample of til oil from one out of three or four tins of oil there. On the report (Ext. 7) of the Public Analyst that the sample of til oil was adulterated, the pr...
Mahant Sri Raghunath Das and anr. Vs. Commissioner of Hindu Religious ...
Court: Orissa
Decided on: Dec-07-1985
Reported in: 61(1986)CLT189; 1986(I)OLR225
S.C. Mohapatra, J. 1. This is an appeal under Section 44(2) of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as 'the Act' before its amendment in the year 1976.2. On 6.5.1970, an application was filed by the Mahant (appellant No. 1) for removing the impediment in his managing the Math independently by withdrawal of the Scheme framed for the Math under the Orissa Hindu Religious Endowments Act, 1939 in the year 1948. The appellant No. 1 and a large number of villagers, who were present on 7.11.1970 pursuant to the notice for consultation, were heard by the Commissioner. The villagers strongly objected to the prayer for cancellation of the Scheme and suggested modification thereof for better management of the institution. The Commissioner accordingly rejected the prayer for cancellation of the Scheme where after the appellant No. 1 (petitioner before the Commissioner) indicated three terms for the Scheme as reflected in the order-sheet. A written consent was fi...
Rama Motari and ors. Vs. Kamala Parua and ors.
Court: Orissa
Decided on: Dec-07-1985
Reported in: 1(1986)ACC561; 61(1986)CLT165
S.C. Mohapatra, J.1. This is an appeal under Section 30(1)(c) of the workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). An appeal lies against an order where a substantial question of law is involved. The parents of the deceased workman and his two minor sisters are the appellants.2. Undisputably, Khageswar Motari, the son of appellant Nos. 1 and 2, was a workman under the Orissa State Electricity Board. Appellant No. 1 is also a workman under the Orissa State Electricity Board. On account of injuries in course of employment Khageswar died. The Orissa State Electricity Board remitted the sum of Rs. 19,200/- to the Additional District Magistrate, Balangir, who is the Commissioner under the Act, for disbursement to the dependants of the deceased Khageswar. The order-sheet of the Workmen's Compensation Case discloses that on 11-8-1980, appellant No. 1 filed an application before the Commissioner alleging that the compensation amount has been taken by respondent No. 1...
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