Orissa Court May 1985 Judgments
Chandramani Padhan and anr. Vs. Budhanath Naik and anr.
Court: Orissa
Decided on: May-24-1985
Reported in: AIR1985Ori293; 1985(II)OLR182
ORDERD.P. Mohapatra, J.1. The legal representatives of the Original plaintiff, Udhaba Pradhan, are the petitioners in this application under Section 115, C.P.C. directed gainst the Judgment dated 25th April, 1981 of the Additional Subordinate Judge, Puri in Money Appeal No. 2/9 of 1980/79 allowing the appeal.2. Late Udhaba Pradhan, father of petitioner No. 1 and husband of petitioner No. 2 filed O. S. No. 35/77-3 in the court of the Munsif, Puri against the Opposite Parties, who are brothers, for realisation of Rs. 2000/-. The gist of the case made out in the plaint was that the plaintiff, a registered money lender, advanced a loan of Rs. 1500/- to the defendants on their request. Sarat Chandra Naik, defendant No. 2 (opposite party No. 2) executed a hand-note for the amount in favour of the plaintiff on 10-3-1974. The amount was advanced for meeting the needs of the joint family for the two defendants and the amount was spent for the said purpose. Since the defendants failed to repay t...
Tag this Judgment!State Vs. Bhagaban Naik and Two ors.
Court: Orissa
Decided on: May-22-1985
Reported in: 60(1985)CLT25; 1985(II)OLR34
S.C. Mohapatra, J.1. Obtaining leave from this Court under Section 378(3) of the Code of Criminal Procedure, this appeal from an order of acquittal of the three respondents has been presented by the Public Prosecutor. The respondent No. 2 Chittaranjan Naik has been acquitted from the charge for an offence under Section 307, I. P. C. The respondent Bhagaban Naik and the respondent No. 3 Pravakat Naik have been acquitted from the charge under Section 115, I.P. C. for abetting Chittaranjan to commit the crime. Chittaranjan is the son of Pravakar and Bhagaban is an agnatic cousin of Chittaranjan. Accused-respondent Bhagaban is a school teacher.2. Prosecution story, in short, is that on 31.8.1979 at about 10 A.M. accused Pravakar twisted both the hands of Bijay ( P. W. 5 ) from behind and caught hold of the same, accused Bhagaban caught hold of his tuft of hair and accused Chittaranjan caused stab injuries on Bijay. The injury on the belly of Bijay threatened his life.3. The three responden...
Tag this Judgment!D.R. Gupta Vs. Steel Authority of India Limited
Court: Orissa
Decided on: May-10-1985
Reported in: AIR1985Ori224
ORDER1. This revision is directed against the order D/- 2-5-80 passed by the learned Subordinate Judge, Rourkela in Misc. Case No. 33 of 1979 rejecting the petitioner's application under Section 8 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') for appointment of an arbitrator to adjudicate upon the disputes between the petitioner and the opposite party in respect of the petitioner's claim for Rs. 21,35,250/-.2. The petitioner's case is that by an indenture of lease dated 3-10-63 the opposite party granted to the petitioner a lease of Ac. 12.30 decimals of land together with buildings thereon for a term of ten years from 9-2-63. The lease was for the purpose of running a hotel-cum-restaurant in the demised premises. The lease contains the following arbitration clause :'In the event of any dispute or difference arising between the Lessor and the Lessee during the period of subsistence of the lease relating to the observance of the terms and conditions of the lease an...
Tag this Judgment!Durga Prasad Sahoo Vs. S.D.O. and Election Officer and ors.
Court: Orissa
Decided on: May-10-1985
Reported in: 60(1985)CLT114; 1985(II)OLR62
J.K. Mohanty, J.1. Petitioner who was serving as the Headmaster of Kantor M. E. School, an aided educational institution, since 1972, in order to contest the Panchayat Samiti (Chairman) election!of Parajanga Panchayat Samiti, submitted his resignation on 2.1.1984 to the Managing Committee. The Managing Committee of the School held its meeting on 4. 1. 1984 and the petitioner was intimated about acceptance of the resignation by the Secretary of the school with effect from 5.1.1984 vide Annexure-1. Prior to this the petitioner had given notice to the Managing Committee that he no longer wanted to continue in service. He had to resign from service as under Section 45(1) (j) of the Orissa Panchayat Samiti Act (hereinafter called 'the Act') a person who is a teacher in any school recognised under the provisions of the Orissa Education Code shall not be eligible to stand for election. On 8. 2. 1984 the petitioner filed his nomination paper before opposite party No. 1, the S. D. O., who was t...
Tag this Judgment!S.H. Rahman Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-10-1985
Reported in: 1985(II)OLR162
R.C. Patnaik, J.1. The petitioner has invoiced our extraordinary jurisdiction under Art. 226 of the Constitution of India for the quashing of the order, dated 8. 12. 1976 (Annexure-5) passed by the Government imposing penalty in a disciplinary proceeding; alternatively for the quashing of the appellate decision rejecting his appeal and for other reliefs.2. The petitioner was the Assistant Commercial Tax Officer posted at the Girisola check-gate in the district of Ganjam. By order, dated 5. 4.1972 (Annexure-1) he was placed under suspension. After a preliminary enquiry into the allegations of negligence in the discharge of duties and recourse to malpractice, a disciplinary proceeding was initiated. Five others who were also involved faced a joint enquiry which was entrusted to the Special Additional Commissioner of Commercial-taxes. The Government issued an order dated July 7, 1972 (Annexure-2) that the procedure prescribed in Rule 15 of the Orissa Civil Services (Classification, Contro...
Tag this Judgment!Paradip Port Trust Vs. Misrilal Mines (Pvt.) Ltd.
Court: Orissa
Decided on: May-10-1985
Reported in: 60(1985)CLT122; 1985(II)OLR124
R.C. Patnaik, J.1. The plaintiff has approached this Court for revision of an order, passed by the trial Court, rejecting its application for amendment of the plaint.2. Paradip Port Trust is a body corporate under the Major Port Trust Act, 1963 and has barges in the port area. The defendant-opposite party is a company carrying on business of raising and export of ores through Paradip Port. It has been alleged that the defendant-opposite party hired some barges of the Port Trust for loading of ores in the ships. Barge No. 30 was one such. Under the agreement entered into, the defendant was liable for damage of and loss to the barge. Barge No. 30 capsized and sunk on 7. 3. 1975 due to the fault in loading by and/or negligence of the defendant. The Port Trust thereafter called upon the defendant to pay a sum of Rs. 1,50,000/- for the salvage of and repairs to the barge. According to the Port Trust, the amount represented the estimated cost of salvage and repair. As the defendant paid no h...
Tag this Judgment!State of Orissa Vs. Bishnu Charan Muduli
Court: Orissa
Decided on: May-10-1985
Reported in: 1985CriLJ1573
B.K. Behera, J.1. The appellants Bishu Charan Muduli, Rabindranath Swain, Pramod Kumar Barik, Suru Kama and Amrutlal Banchor stood charged with the co-accused Govinda Naik under Section 120B of the Penal Code (for short, 'the Code') for having entered into a conspiracy at Raikrakhol to kill N. Nanda Kumar Choudhury (to be described hereinafter as 'the deceased') in pursuance of which they killed him in the night of July 15, 1982. They also stood charged under Section 3% of the Code for having committed dacoity in respect of cash and other properties of the deceased during the commission of which the deceased was murdered. The appellant Pramod Kumar Barik stood separately charged under Section 404 of the Code for having dishonestly misappropriated or converted to his own use a gold ring fitted with a green stone by removing it from the possession of the deceased. The appellants Bishnu Charan Muduli and Rabindranath Swain stood charged under Section 471 of the Code for having fraudulentl...
Tag this Judgment!Gajeswar Mahadeb and ors. Vs. Prafulla Kumar Jena and ors.
Court: Orissa
Decided on: May-09-1985
Reported in: AIR1986Ori148; 60(1985)CLT88
B.N. Misra, J.1. This appeal under Section 44(2) of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the 'Act') is directed against the order dated 22-11-1979 passed by the learned Commissioner of Endowments in F. A. No. 11 of 1979.2. Appellants 2 to 9 filed a petition before the learned Assistant Commissioner of Endowments, Orissa under Section 41 of the Act for a declaration that the deity Sri Gajeswar Mahadeb at Deulapada, appellant No. 1, is a 'temple' within the meaning of the Act and the families of appellants 2 to 9 are the hereditary trustees with rights of management of the deity and its properties. This petition was registered as O. A. No. 45 of 1978. The appellant's case is that the deity which has been existing from time Immemorial was founded by their ancestors who also endowed their personal lands for the management and other expenses of the deity. From the date of inception of the deity, the appellants' ancestors and thereafter the appellants w...
Tag this Judgment!Sri Nimal Charan Das Vs. Deputy Collector, Central Excise and Customs ...
Court: Orissa
Decided on: May-09-1985
Reported in: 1986(23)ELT38(Ori); 1985(II)OLR56
B.N. Misra, J.1. This writ application arises in the following circumstances. On 14. 11. 1970 the petitioner went to Bhadrak Post Office to collect a parcel. After he had received the parcel, Officers of the Central Excise Department asked him to open the parcel and in the presence of witnesses the officers seized 56 pieces of round gold welded rods weighing 1214. 500 grams in two packets covered with two Gujrati newspapers. A Panchnama was prepaed at the spot and handed over to the petitioner, vide Annexure-1. The statement made by the petitioner at the time of seizure is Annexure-2. His plea was that one of his friends in Bombay named Sangvi had sent gold ornaments to him and that he would make payment for the gold later on receipt of money from his grand-father. The Deputy Collector, Central Excise, Bhubaneswar, opposite party No. 1, asked the; petitioner to show cause why appropriate action should not be taken against him for contravention of the provisions contained in See. 8(1) o...
Tag this Judgment!National Insurance Co. Ltd. Vs. Manoranjan Dash and anr.
Court: Orissa
Decided on: May-08-1985
Reported in: I(1986)ACC582; AIR1986Ori212; 60(1985)CLT63; [1987]62CompCas829(Orissa)
ORDERS.C. Mohapatra, J. 1. This appeal has been preferred by the appellant which is an insurer of motor vehicles. 2. Being aggrieved by the award of the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur dated 17-12-1983, this appeal has been filed on 18-6-1984. Along with the memorandum of appeal, an application under Section 5 of the Limitation Act has been filed for condonation of delay in preferring the appeal. The Stamp Reporter of the Court on calculation, after taking into consideration the period taken for obtaining the certified copy of the judgment of the tribunal, has pointed out the last date for preferring the appeal to be 26-3-1984. The appeal was preferred on 18-6-1984 which was the reopening date of this Court after Summer Vacation. The Court closed for Summer Vacation on 11-5-1984. 3. Under Section 5 of the Limitation Actsufficient cause is to be shown explaining the delay of each day. It is not of course possible to lay down precisely as to what matt...
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