Orissa Court September 1992 Judgments
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Hiradhar Patel Vs. Lalindra Gand @ Naik and anr.
Court: Orissa
Decided on: Sep-08-1992
Reported in: 74(1992)CLT837; 1993(I)OLR4
A. Pasayat, J.1. Petitioner Calls in question legality of the order passed by the Additional District Magistrate, Sundargarh, declaring that the petitioner has not successfully proved his claim over plot Nos. 537/1 and 538/1 measuring 2 acres and was in unauthorised occupation vide his order dated 17-11-1982 in Revenue Appeal No. 30 of 1980 (Annexure-4 to the writ application). The further direction was for restoration of the aforesaid plots to Lalindra Gand (opposite party No. 1). Penalty was imposed on the ground that the petitioner was an unauthorised occupant of the land.2. The background facts are as follows :Two plots of land measuring 2 acres bearing plot Nos. 537/1 and 538/1 Khata No. 71 at village Japanga was Kalo Jagir land. 'Kalo' is the local term for village police. By Orissa Offices ot Village Police (Abolition) Act, 1964, (hereinafter referred to as the 'Act') all offices of village police in the State of Orissa were abolished. Under Section 3(1) (a) of the Act all Jagir...
Basudev Sahoo Vs. Akshaya Kumar Das
Court: Orissa
Decided on: Sep-08-1992
Reported in: 1993(I)OLR439
S.K. Mohanty, J.1. Accused is in revision against order passed by the Judicial Magistrate, not allowing his prayer to read as evidence certain receipts filed by him or to recall the complainant for further examination with reference to the receipts or to afford reasonable opportunity to the accused to prove the same.2. Accused petitioner is being tried for the offences Under Sections 419 and 420, IPC. in the Court below. Statement of the accused petitioner was recorded on 19-9-1988. He declined to adduce evidence and argument was heard on that day. The case was then posted to 24-9-1988 for judgment. On 23-9-1988 the accused filed a petition stating that he was filing some money receipts which may be read as evidence in the case, if their genuineness is not disputed or also complainant may be recalled for further examination or reasonable opportunity may be given to the accused to prove those receipts.3. It is urged on behalf of the accused, that the trial Court should have allowed his ...
Sri Purna Chandra Misra and ors. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Sep-07-1992
Reported in: 1993(II)OLR557
D.P. Mohapatra, J.1. In this writ application the petitioners have assailed the order dated 27-3-1992 of the State Govt. in the Co-operation Department vide Annexure-2, where in purported exercise of the power conferred by Section 123 of the Orissa Co-operative Societies Act, 1362 (Orissa Act 2 of 1963) (for short 'the Act') the Puri Urban Co-operative Bank Limited, Puri has been exempted from the provisions of Section 28 excluding Sub-section (1), Section 28-A of the said Act and it is ordered that the provisions of Sub-sec, (1) of Section 31 of the said Act shall apply to the aforesaid society with the modification as specified in the order and also the order issued by the State Government on the same day (Annexure 3) in purported exercise of the powers conferred by Section 31 of the Act, nominating the President and four Directors' of the Bank.2. The relevant facts which emerge from the averments made in the writ application may be shortly stated thus :The petitioners are members of...
Raj Kishore Biswal and ors. Vs. Bimbadhar Biswal and ors.
Court: Orissa
Decided on: Sep-04-1992
Reported in: AIR1993Ori115; 1993(I)OLR15
P.C. Misra, J.1. Defendants 1 (Ka) to 1(Ga) in Title Suit No. 29 of 1974 of the Court of Subordinate Judge, Jajpur are the appellants in this appeal against a cinfirming judgment. The suit is one for declaration of title of the plaintiffs and for recovery of possession after setting aside the order passed in a proceeding Under Section 145, Cr. P.C. in respect of Ac. 6.23 decimals of land appertaining to Khata No. 375 in Mauza Markandapur described in detail in Schedule 'A' of the plaint.2. One Markand Pani was the original proprietor of Tauzi No. 523 comprising the disputed plots appertaining to Khata No. 375. He executed a registered will on 7-12-1930 in favour of one Radhakanta Pani and Kumuduni Dasi (mother of Radhakanta) in respect of the disputed properties and some other undisputed properties, and appointed one Krushna Prasad Singh, Pleader, Jajpur as the executor of the Will. After Markanda's death in 1930, the aforesaid Kumuduni Dasi executed a Will in favour of her son Radhaka...
Brundaban Padhy Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-04-1992
Reported in: 1993(I)OLR193
S.C. Mohapatra, J.1. Headmaster of an aided educational institution is petitioner in this application under Art. 226 of the Constitution of India for getting pay in the revised scale with periodical increments and Deame9s Allowance and Additional Dearness Allowance as admissible on it for the period between 1st January, 1974 and 30th June, 1982 when he retired as Headmaster.2. Petitioner was Headmaster of a Government High School. He retired on superannuation on 28-12-1969 on attaining the age of 55 years. After retirement he was appointed as Headmaster in Biswanath High School, an aided educational institution on 1-4-1970. While petitioner was continuing as Headmaster of the Aided High School, State Government o issued an executive instruction in G. O. No. 5361 /E, dated 21-2-1973 where under pay scales of teachers of aided non-Government schools and colleges were equalised with those of their counter-parts in similar Government educational institutions with effect from 1-4-1972. Acco...
Raghunath Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-03-1992
Reported in: AIR1993Ori77
S.C. Mohapatra, J.1. Petitioner has prayed in this application under Article 226 of the Constitution of India to quash the orders (Annexures-6, 7 and 8) arising out of a proceeding under the Orissa Prevention of Land Encroachment Act, 1972 (hereinafter referred to as 'the Act').2. In the year 1965, Tahasildar, Balliguda (opp. party No. 5) initiated a proceeding under the Orissa Prevention of Land Encroachment Act, 1954 (hereinafter referred to as 'the Repealed Act'). In the said proceeding, petitioner claimed that he has purchased land in two instalments from Srimukh Patra and Kunti Patra by two un-registered deeds of sale. When the proceeding was pending, the Orissa Prevention of Land Encroachment Act, 1972 was enacted repealing the 1954 Act. Under Section 18(2) of the 1972 Act, continuance of the proceedings was protected. In the year 1975. Tahasildar renumbered the pending proceeding as Encroachment Case No. 3 of 1975. On enquiry, Tahasildar came to the conclusion that possession of...
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