Orissa Court May 1986 Judgments
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Chaitan Das Vs. Smt. Purnabasi Pattnayak and ors.
Court: Orissa
Decided on: May-13-1986
Reported in: AIR1988Ori52; 63(1987)CLT680
ORDERK.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Munsif, Anandapur, accepting the report of the survey knowing commissioner.2. Opposite party No. 1 is the plaintiff and the petitioner is defendant No. 1 in Title Suit No. 49 of 1981-1 of the court of Munsif, Anandapur. The suit is for declaration of title and confirmation of possession in respect of the schedule 'Ka' property of the plaint, existence of right of easement over the schedule 'Kha' property thereof and for other reliefs. The petitioner is the main contestant of the suit. On 18-2-1982 opposite party No. 1 filed a petition for appointment of a pleader commissioner for local investigation. In his counter dated 26-2-1982 the petitioner submitted that a survey knowing commissioner should be deputed for local investigation. After hearing both parties, the learned Munsif, by order dated 23-3-1982 directed appointment of a survey knowing commissioner for local investigation under the provi...
Bamadev SwaIn and anr. Vs. Sunakar SwaIn and anr.
Court: Orissa
Decided on: May-13-1986
Reported in: 61(1986)CLT646; 1986(I)OLR666
Agrawal, C. J.1. This application in revision by two of the defendants is against the adverse order passed by the trial Court on the application for recording an order of abatement of the suit under Section 4(4) of the Orisaa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.2. The case of the plaintiff is that he acquired half of the suit lands in a partition suit, but during the recent consolidation operation he came to know that defendant No. I had sold the entire plot No. 2269 to defendant Nos. 2 and 3 who also got their names recorded in respect of the said plot. Accordingly, the suit was for cancellation of the sale deed in question which is dated 23-2-1977.The defendants appeared and filed a petition contending that by virtue of the provisions mentioned above the suit could not proceed in the Civil Court. The learned Munsif, however, has overruled the contention on the ground that since the plaintiff wanted to avoid the sale deed, in other words, since ...
Doki Sriramulu Vs. Assistant Collector of Central Excise and Customs a ...
Court: Orissa
Decided on: May-13-1986
Reported in: 62(1986)CLT51; 1988(15)ECC110; 1988(36)ELT247(Ori); 1986(I)OLR671
G.B. Pattnaik, J.1. The petitioner has been convicted under Section 135 of the Customs Act and has been sentenced to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a period of three months. He has also been convicted under Section 85 of the Gold Control Act and has been sentenced thereunder to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months. This conviction and sentence of the petitioner passed by the Chief Judicial Magistrate, Berhampur, has been affirmed in appeal by the learned Additional Sessions Judge, Ganjam, and hence, the present revision.2. Before the learned Magistrate, petitioner was charged under Section 135 of the Customs Act, Section 23(1) of the Foreign Exchange Regulation Act and Section 85 of the Gold Control Act. whereas his co-accused, Doki Janardan Swamy was charged under Sections 87 and 88 of the Gold Control Act. The learned Magistrate, however, acquitted accused Janardan of both the charges levell...
Janardan Misra Vs. Sidha Bal
Court: Orissa
Decided on: May-13-1986
Reported in: 62(1986)CLT214; 1986(I)OLR677
K.P. Mohapatra, J. 1.This revision is from the order passed by the learned Munsif, Puri, directing abatement of the execution proceeding under Section 3 (1)(c) of the Orissa Debt Relief Act (hereinafter referred to as the 'Act').2. The facts may be narrated in brief. The petitioner instituted a money Suit (O. S. No 309 of 1971-III) based on a promissory note against the opposite party in the Court of the Munsif, Puri, and on 21-3-1972 obtained an ex parte decree for the sum of Rs. 829/- and cost of Rs. 158.13. He put the decree into execution in Execution Case No. 139 of 1978. The opposite party being the judgment-debtor entered appearance and filed a petition under Section 3(1)(c) of the Act. He stated therein that he was a scheduled debtor, being a small farmer owing less than one standard acre of land and his annual total income did not exceed Rs. 2,400/-. The petitioner in his counter denied the above allegations and averred that the opposite party was not a scheduled debtor and hi...
Dhaneswar Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-1986
Reported in: 62(1986)CLT60; 1986(II)OLR113
L. Rath, J.1. The petitioner has come before this Court for the relief of getting declaration to have joined the Chachaji M. E. School, Chirulei, an aided educational institution, with effect from 1. 4. 1978 as a teacher and for payment of the arrear salary.2. The petitioner's case Is that he was appointed as, a teacher by the Managing Committee of the School on 14. 8. 1972 and his appointment was duly approved by the Inspector of Schools on 14. 5. 1973. He made an application in 1976 to the Secretary of the Managing Committee to grant him study leave In case he Is selected to undergo training and on such application the Secretary endorsed ''no objection' in the event the petitioner is selected to undergo the training. The petitioner was selected by the District Selection Committee on 17-12-1976 to take admission in the Secondary Training School, Chhendipada as an in-service candidate which fact was communicated to the petitioner by the District Inspector of Schools, Dhenkanal, opp. pa...
Binayak Chandra Pady Vs. Kamala Padhy Alias Padhiani
Court: Orissa
Decided on: May-07-1986
Reported in: AIR1987Ori167; 63(1987)CLT745
ORDERS.C. Mohapatra, J.1. This Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for non-compliance of the direction to the husband to pay maintenance pendente lite and litigation expenses to the wife within the time stipulated.2. On 16-7-1983, the learned Subordinate Judge passed an order directing the husband for payment of monthly maintenance at the rate of Rs. 150/- and expenses of the proceeding of Rs. 300/- to the opposite party who is his wife. No time was stipulated in the order for the payment of the amounts. Shortly thereafter, on 10-8-1983, an application was filed on behalf of the wife that the suit should be dismissed for non-compliance of the order. Opportunity was given to the husband to fileobjection to such a petition. On 27-10-1983, the husband filed the objection stating therein that he has no capacity to pay the amount ordered. The application...
Narahari Jena and ors. Vs. State of Orissa, Represented by Commissione ...
Court: Orissa
Decided on: May-06-1986
Reported in: 1986(I)OLR649
R.C. Patnaik, J. 1. The petitioners who were Assistant Engineers (belonging to the Subordinate Engineering Service Cadre) in the Design Section of the Irrigation wing have raised in this writ application an interesting question, namely, whether the principle 'equal pay for equal work' is applicable to them and if they can enforce their right by invoking the extraordinary jurisdiction of this Court.2. On the demand of the Joint Committee of Service Associations of Civil, Electrical and Mechanical Engineers and of the Subordinate Engineering Service Association, a committee of Chief Engineers was appointed to identify posts which carried higher responsibility and/or required higher technical knowledge to be appropriately manned by Assistant Engineers In different engineering departments. The Committee of Chief Engineers categorised the following posts as carrying higher responsibility and/or requiring higher technical knowledge so as to be manned by Assistant Engineers(a) All sanctioned ...
Damodar Tripathy Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-06-1986
Reported in: 62(1986)CLT88; 1986(II)OLR1
R.C. Patnaik, J.1. The petitioner in this writ application has challenged the order dated 28-2-1980 as per Annexure-8 passed by the Collector, Dhenkanal, (opposite party No. 3) compulsorily retiring him from service with effect from 29-2-1980 afternoon and has sought a mandamus to the opposite parties directing payment of leave salary for 72 days.2. The petitioner joined service under the ex-State of Dherkanai. After merger of the ex-State in the State of Orissa, he was absorbed and posted as a Lower Division Clerk with effect from 1-4-1948. He was promoted as Grade II Stenographer in 1962. While continuing as such in the Collectorate of Dhenkanal, he made a representation on 10-7-1979 stating that as a former employee of the ex-State of Dhenkanal, he, being mentally and physically fit, was entitled to continue up to 60 years of age. The Compensation Officer (opposite party No. 4), to whom he was attached then, made a reference to the Chief District Medical Officer, Dhenkanal, to exami...
Sakuntala Garabadu and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-06-1986
Reported in: 62(1986)CLT71; 1986(I)OLR631
R.C. Patnaik, J.1. This is an application under Article 226 of the Constitution of India impugning the orders dated 8.2.1984 (Annexure-10 series) passed by the Bhubaneswar Development Authority under Section 91 (1) of the Orissa Development Authorities Act, 1962 directing removal of certain constructions alleged to have been made unauthorisedly and the order dated 30.4.1984 (Annexure-II) in appeal confirming the original orders.2. The land over Which the unauthorised constructions are alleged to have been made was purchased by the petitioners by sale deeds dated 24-6-1983. It is averred by the petitioners that their predecessor-in-interest had submitted plan for approval of the Executive Officer, Notified Area Council, Bhubaneswar and the plan had been sanctioned. Renewal had been obtained by their predecessors-in-interest year after year. The Orissa Development Authorities Act came into force with effect from 1.9.1983. The alleged unauthorised constructions had been completed prior, t...
Gouri Das Vs. Pradyumna Kumar Das
Court: Orissa
Decided on: May-05-1986
Reported in: 62(1986)CLT218; 1986(II)OLR44
R.C. Patnaik, J.1. This is a revision by the wife against an order passed by the Subprnate Judge rejecing her application Med Section 24 of the Hindu Marriage Act 1955 (for short the Act') for pendente the maintennce and litigation expense in a proceding initiated , by the opposite graty husband for under.Section 13 of the Act.2. After entering appearance in the main proceeding, the wife filed an application Under Section 24 of the Act claiming Rs. 6,000/-; Rs. 1,000/-towards litigation expenses and Rs. 5,000/- towards pendente lite maintenance. She submitted that she was a deserted and helpless lady having no independent income for her support and for defending her in the proceeding. Though she had taken shelter under the roof of her father, the meagre resources of her father, who was a retired Government servant, were insufficient to maintain and support her. She alleged that her husband was working an Assistant Engineer and was getting salary of Rs. 2,000/- per month. Besides, he ha...
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