Orissa Court May 1992 Judgments
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Sri Sri Andhari Mangala Thakurani and anr. and Purusottam Jena and ors ...
Court: Orissa
Decided on: May-11-1992
Reported in: 74(1992)CLT618; 1992(II)OLR250
G.B. Pattnaik, J.1. In these two appeals while the application for interim direction had been listed for orders, the learned single judge being of the opinion that the High Court has no power to pass any order either by way of appointment of receiver or injunction during the penency of the Second Appeal in this Court in view of Sub-section (3) of sec 74 of the Orissa Hindu Religious Endowments Act (hereinaftei to as the Act') referred the matter for decision of a larger Bench as another learned single Judge in Misc. Case No. 177/90 arising out of Misc. Appeal No. 88/90 had taken the view that the High Court has the power to grant such interim relief. The question that arises for consideration therefore, is that whether during the pendency of an appeal in the High Court under Sub-section (2) of Section 44 of the Act against an order of the Commissioner in exercise of power under Sub-section (1) of Section 44, the High Court can pass any interim order by way of appointment of receiver or...
Manmohan Rout (and After Him) Sundari Devi and ors. Vs. State of Oriss ...
Court: Orissa
Decided on: May-11-1992
Reported in: 74(1992)CLT454; 1992(II)OLR529
G.B. Pattnaik, J.1. The orders of the consolidation authorities under Annexures 3, 4 and 5 are the subject-matter of challenge in this writ application. The disputed land is a tanR measuring Ac. O. 67 decimals appertaining to plot No. 1861 under Major Settlement Khata No. 269 corresponding to C. S. Record-of-Rights plot No. 1665 under Khata No. 182. The petitioners' case is that the disputed land was under the ex-intermediary under Anabadi Khata and in 1944, the said ex-intermediary leased out the property in favour of petitioners 1 and 2 and father of petitioners 3, 4 and 5 as well as one Madan Rout. The said Madan Rout transferred his interest in favour of the petitioners by means of a registered deed of gift and since the date of the lease, the petitioners are using the tank for agricultural purpose by utilising the water of the tank for raising various vegetables in their lands. According to the petitioners' case after the vesting of the intermediary rights, the landlord submitted ...
Orissa Cement Ltd. and anr. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: May-07-1992
Reported in: AIR1993Ori17; 74(1992)CLT812
Hansaria, C.J.1. Certain provisions of the Orissa Cess Act, 1962 were declared ultra vires by the Supreme Court in Orissa Cement Limited v. State of Orissa, AIR 1991 SC 1676, judgment in which was pronounced on 4-4-1991. The ground was incompetency of the State Legislature in enacting those provisions. Despite the unconstitutionally of the provisions, the cess collected before 22-12-1989, the date on which this Court had rendered its judgment declaring the levy as unconstitutional, was allowed to be retained by the State. However, it was stated in paragraph 74 that the State cannot on any grounds of equity be permitted to retain cess collected on or after the date of the High Court's judgment. The result of this decision was that various States in the country (may it be stated that along with the aforesaid Orissa Act, the provisions of many other State Acts were also held as ultra vires) were required to refund a large amount of cess and other taxes collected by them. An Ordinance titl...
Kanak @ Rania Parida Vs. Kanakalata Parida and anr.
Court: Orissa
Decided on: May-07-1992
Reported in: II(1992)DMC313; 1992(II)OLR83
S.C. Mohapatra, J.1. This is an application for transfer Under Section 24 of the Code of Civil Procedure, 1908.2. Petitioner claiming to be wife of Opposite parly No. 2 obtained an order for maintenance Under Section 125 Cr. P.C. from a Criminal Court at Khurda. Thereafter the opp. party No. 1 has filed a suit in the Court of Munsif, Jajpur within the Cuttack district claiming to be the married wife of opp. party No. 2 by declaring that petitioner is not the wife of opp, party No. 2. Since petitioner is a resident of Bolagarh within the jurisdiction of Khurda, this application has .been filed for transfer of the suit from the Court of Munsif, Jajpur to the Court of Munsil Khurda.3. Family Courts Act, 1984 has now come into force and a Family Court has been established at Cuttack. Under Section 7(1) Explanation (b) of the Act, the Family Court has jurisdiction in respect of suit or proceeding for declaration as to the validity of the marriage or as to the matrimonial status of any perso...
Jagili Das and ors. Vs. the State
Court: Orissa
Decided on: May-06-1992
Reported in: 74(1992)CLT278; 1993CriLJ1408
ORDERS.C. Mohapatra, J.1. This is an application for bail by four accused persons charge-sheeted for offences under Sections 302/325.323/506, I.P.C. read with Section 34, I.P.C.2. Absence of overt act of petitioners 2 to 4 as per statements recorded is the main ground for support of grant of bail. I am not inclined to accept the same. As revealed from statements there was party faction. Accused persons were armed with lathies at about 8 p.m. in the night. No sooner they saw the deceased petitioners assaulted and others instigated to kill him.3. Unity for welfare of society is laudable. Such united action to take law to hand and to do away with a person who is depicted to be turbulant is blameworthy. In case, the facts are proved, crime is henious in nature. Peace and tranquility of villagers would be affected by unholy aliance of a few. Thus offences committed are anti-social in nature.4. In case petitioners are convicted of the offences attributed each one would have to serve life sen...
Dr. Bhikari Charan Sahu Vs. Chancellor, Utkal University and ors.
Court: Orissa
Decided on: May-05-1992
Reported in: 1993(I)OLR197
L. Rath, J.1. The petitioner who is a lecturer in Zoology in the Utkal University has sought the relief from the Court of quashing Annexure-9, an order of the Chancellor of 7-10-1985 directing dissolution of the selection committee which had selected him for promotion to the post of Reader and further directing the constitution of a new selection committee for interview of the candidates. The petitioner has also sought the relief of implementing the recommendation of the previous selection committee and quashing of the resolution of the Syndicate in Annexure-4 on 12-7-1985 purporting to disapprove the recommendation of that selection committee.2. The facts in brief are that the petitioner along with the opposite party No. 4 and others was applicant for the post of Reader in Zoology which was a sixth plan post advertised. The selection committee duly constituted by the Syndicate interviewed the candidates and recommended the petitioner for promotion. Aggrieved by the selection, the opp....
Braja Kishore Pradhan Vs. Tribal Development Corporation of Orissa Ltd ...
Court: Orissa
Decided on: May-05-1992
Reported in: 74(1992)CLT248; 1992(II)OLR239
B.L. Hansaria, C.J.1. The petitioner was appointed as a shop assistant in 1974 provisionally for a period of three years. Subsequently, he was brought to regular cadre with effect from 16-10-1675 after completion of his probationary period as would appear from Annexure-2 dated 23-4-1979. However, by office order dated 25-5- 1957 (Annexure-3), he was informed that his services are 'no more required' with effect from 31-5-1987. He was paid one month's wage in lieu of one month's notice. As to the requirements of Section 25-F(b) of the Industrial Disputes Act, it was stated that '(c) compensation at the rate of 15 days average pay for each completed year of service will also be paid to him,' This order has been challenged in this petition.2. Shri pas urges that the order, though innocuous on the face of it, should realty to be taken as an order of dismissal and the same having been passed without holding any enquiry is illegal. Though no counter has been filed in the present case on behal...
State Bank of India Vs. Sajita Engineering Works and ors.
Court: Orissa
Decided on: May-04-1992
Reported in: AIR1992Ori237; 1992(II)OLR84
S.C. Mohapatra, J.1. This is an appeal by the plaintiff a bank in a suit for realisation of loan amount as the trial Court did not make the guarantor jointly and severally liable with the debtor.2. Plaintiff bank is a creature of statute under the State Bank of India Act, 1955. Proprietor of defendant No. 1 applied for loan and defendants Nos. 2 and 3 by separate letters agreed to be guarantors for the proprietor. On that basis, cash credit loan to the extent of Rs. 1,40,000/- was granted to the proprietor. Terms and conditions were accepted by all the three. Proprietor of defendant No. 1 executed a demand promissory note on 10-2-1981 in favour defendants Nos. 2 and 3 who endorsed the same in favour of plaintiff. An agreement for cash credit was executed by Proprietor of defendant No. 1. Defendans Nos. 2 and 3 also executed a deed of guarantee on the same day; Proprietor operated the cash credit transaction. However, he did not pay the dues for which suit was filed to recover Rs. 1,76,...
K. Nageswar Rao Vs. State
Court: Orissa
Decided on: May-04-1992
Reported in: 74(1992)CLT522; 1993CriLJ1822; 1992(II)OLR246
B.N. Dash, J.1. This is an application Under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), seeking to quash the order of taking cognizance of an offence Under Section 376 IPC.2. On the basis of the FIR of the victim girl M. Ellama dated 22-1-1990, Nandapur P.S. Case No. 5/90 corresponding to G.R. Case No. 57/90 was registered and after completion of investigation charge- sheet Under Section 376 IPC was submitted against the accused K. Nageswar Rao (petitioner herein) on 11-6-1991 in the Court of the Sub-Divi sional Judicial Magistrate, Koraput, After perusal of the police case diary and other connected papers the SDJM took cognisance of the offence Under Section 376 IPC and directed issue of warrant against the accused. Being aggrieved by such order, the accused-petitioner has approached this Court.3. It is submitted by Shri M. Misra, learned counsel for the petitioner that' the learned SD JM went wrong in taking cognizance of the offence Under Section 376...
Surendranath Das Vs. Sachi Dei and ors.
Court: Orissa
Decided on: May-01-1992
Reported in: II(1992)DMC375
S.C. Mohapatra, J.1. Plaintiff is appellant in a suit for partition.2. Short case of plaintiff is that he is son of defendant Nos. 1 and 2 and is accordingly, entitled to a share in the joint family property to be carved out from him. Defendants in different sets filed their written statements. Defendant No. 1 denied his marriage with defendant No. 2 and consequently to be father of plaintiff. Defendant No. 2 supported case of plaintiff as his mother. Defendant No. 4 denied relationship of plaintiff and defendant No. 2 with defendant No. 1. On death of defendant No. 4, his legal representative being substituted, filed another written statement, contesting claim of plaintiff. Other defendants remained ex parte.3. On the pleadings, trial Court settled an issue relating to relationship of plaintiff with defendant No. 1 which is the main issue on which relief to plaintiff would be based. Since there is no dispute that plaintiff is son of defendant No. 2, marriage of defendant No. 1 with de...
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