Court : Orissa
Reported in : AIR1982Ori194; 53(1982)CLT488
b.n. misra, j.1. this appeal has been filed by the plaintiff against the affirming decision of the learned additional district judge, puri. plaintiff's suit is for specific performance of contract and costs. the following genealogy which is admitted would show the relationship of the parties. somanath hota - golapi--d.3 _______________________|__________________________ | | | | | |ramohandra laxman bharat satrughna bijay ajay d.1 (plff.) d.2 d.4 d.5 d.6the suit is in respect of a.o. 2 3/16 deci-mals out of a.o. 07 decimals of homestead land appertaining to plot no. 238, khata no. 94 of mouza satyabadi alias penthapada, the following facts are not in dispute. first, the suit land being l/3rd of the suit plot had fallen to the share of the plaintiff in a partition between him, his brother (defendant no. 1) and his father, the late somanath, before the other brothers were born. second, on 15-4-1963, while defendant no. 2 was a minor, the plaintiff sold the suit land to defendant no. 2 represented by his father by a registered deed of sale for a consideration of rs. 300. the plaintiff's further case is that on the same day on which he sold the suit land to defendant no. 2, that is on 15-4-1963, the late somanath as the father-guardian and on behalf of defendant no. 2 entered into an agreement (ext. 1) with the plaintiff that in case defendant no. 2 would decide to sell the suit land in future he must sell it to the plaintiff for a consideration of rs. 500. the plaintiff asserts .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori244
..... 1 applied for loan from the plaintiff-bank, and the staff of the bank took his signatures, and that of other defendants on various papers in a set, and they promised that they would forward those papers to their higher authorities for sanction of loan. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori289; 1991(I)OLR415
a. pasayat, j.1. letters of administration in respect of a will alleged to have been executed by one a. b. anajee having been granted in favour of one shrimati laxmi dei, her sister-in-law has come before this court for relief.2. this is second journey of the parties to this court in the following background.a. b. amajee (hereinafter described as 'the testatrix') is the daughter of one e. kanhaya whose sister is a. b. amadu. the said a. b. amadu is the grandmother of a. bhaikar rao and laxmi dei. a. bhaskar rao's sister laxmi and widow a. chandrabhati are the contesting parties. according to laxmi (also described as 'the propounder'), a will was executed by the testatrix on 17-2-1957 stipulating inter alia that after the death of a. b. anajee, laxmi and a. bhaskar rao shall get the properties. it centained a further stipu-lation that if any of the legatees died without leaving behind any son or daughter, the properties would go to the other legatee. a bhaskar rao died on 19-9-1974 issueless and hence laxmi put claim to enjoy the entire properties, since amajee had died earlier on 12-8-1957. according to laxmi, after the death of amajee, both she and her brother were possessing the bequeathed properties and on the death of a. bhaskar rao, her brother, she wanted the properties to be recorded in her name. in absence of grant of letter of administration in her favour, she was unable to do so and, therefore, she moved the district judge, cuttack for grant of letters of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori268; 23(1957)CLT410; 1957CriLJ1431
balakrisiina rao, j.1. this appeal by the government is filed again, at the acquittal of the respondent jugal kishore nanda who was tried by the assistant sessions judge. bhawani patna on charges under sections 409. 477a and 467 of the indian penal code.2. the respondent was the money order is sue clerk of bhawani patana sub-post office in the month of may 1952. according to the prosecution case, the total amount of money orders collected by the respondent on 5-5-52 in his capacity as the money order issue clerk at the counter was rs. 5310/9/-, but he gave credit of only rs. 5207/1/7 and misappropriated the balance of rs. 103/8/-. it is stated that with a view to conceal this misappropriation the respondent forced the head office copy of the original money order receipt no. 4179 (ext. 15a) which was prepared in pen carbon process in triplicate by the respondent by mentioning therein receipt of rs. 300/- for remittance, though the original receipt no. 4179 (ext'. 13) which is in the hand of the respondent and which relates to behara branch office money order receipt no. 13 dated 3-5-52 mentions the amount received for remittance as rs. 400/-. the respondent is alleged to have altered and falsified the audit office copy, the head office copy and the office copy of money order issue journal of that date relating to relevant money order receipt no. 4179 which were prepared by the respondent' under the rules in triplicate by mentioning that the amount received for remittance was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori247; 1986(I)OLR510
p.c. misra, j.1. this appeal arises out of a suit for recovery of money said to have been advanced by the state bank of india (respondent 1) under a cash credit agreement from the present appellant (defendant 2) and the present respondent 2 (defendant 1).2. the plaintiff's case in short is that the first defendant was carrying on the business in ready-made clothes, hosiery goods etc. in berhampur town and had approached the plaintiff-bank for a loan accommodation under a cash credit account for the purposes of his business. the second defendant (the present appellant) offered to stand as a guarantor for repayment of the loan by defendant 1. on 20-4-1970 the plaintiff-bank granted a loan accommodation to defendant 1 for a sum of rs. 5,000/- under a cash credit account. the amount of rs. 5,000/- was secured by the first defendant by executing a promissory note on 20-4-1970 in favour of the second defendant as the guarantor for the loan and the latter duly endorsed the said promissory note to and in favour of the plaintiff-bank on the same day. the first defendant also hypothecated his stock of mercantile in ready-made cloths, hosiery, etc. in favour of plaintiff-bank by executing a hypothecation agreement on the very same day, i.e., on 20-4-1970, which was duly confirmed by the second defendant as the guarantor agreeing, inter alia, that the whole of the stock of the ready-made cloths, hosiery, etc. brought into and stored in the shop or godown of defendant 1 would stand .....
Tag this Judgment!Court : Orissa
Reported in : 1961CriLJ689
g.c. das, j.1. this appeal by the appellant bhudhanlal sarma, is directed against the judgment of the learned sessions judge, balasore, convicting him under section 376, i.p.c. and sentencing him to undergo r.i. for seven years.2. the prosecution case, briefly stated, is this: the appellant bhudhanlal sarma committed rape on a minor girl, ambika dei (p.w. 1) at about 4 p.m. on the 10th november, 1959. this girl, p.w.i having lost her mother from her infancy was being brought up by her 'mousi', tara dei (p.w. 3) and her 'mousa' sanatan jena (p.w. 4), in their house since after the death of her mother. on the date of occurrence at about 4 p.p.m p.w. 1 after collecting cowdung in the field adjoining one edward goshala at sahadeb khunta in the town of balasore went inside the said goshala compound to wash her hands in the tank situated therein.appellant works as the manager in that goshala. while p.w. 11 was coming after a wash in the tank, appellant called her standing in the pucca platform inside the goshala in front of the godown room. p.w. 1 went, whereafter the appellant made her naked, took her inside the godown room, made her lie down on a gunny bag lying on the floor, got upon her and put in his penis inside her vagina and pressed it. according to the prose cution, the girl felt pain and cried out, but her mouth was gagged by the appellant by a rag with one hand and held both her hands in the other.in course of the coitus the vagina of p.w. 1 got ruptured and there was .....
Tag this Judgment!Court : Orissa
Reported in : II(2003)ACC625; 2004ACJ1411; (2003)ILLJ920Ori; 2003(I)OLR33
l. mohapatra, j.1. this writ petition has been filed for a declaration that third proviso to section 30(1) of the workmen's compensation act, 1923 (hereinafter referred to as 'the act') is ultra vires of the constitution of india and for a further declaration that despite availability of an alternative statutory remedy under the act the petitioner has a legal right to invoke the writ jurisdiction and for quashing the award passed by the commissioner for workmen's compensation at annexure-3.2. the case of the petitioner is that he is a share cropper and earns his livelihood by taking on lease small parcels of land belonging to the different owners of his locality and by cultivating the same for specific season or periods. he had employed one gadan chhatria alias suna on casual basis as and when the necessity arose for help in the matter of cultivation in respect of the land taken on lease. the term of employment was purely casual, intermittent and on daily basis. during the year 1989 the said gadan was being paid rs. 10/-per day and such wages were paid after the day's work. four to five days prior to march 14, 1989 the petitioner had engaged the said gadan in his field but he was not seen by any one thereafter and on subsequent inquiry it was found that the dead body of gadan was lying in a nearby field. in view of such unnatural death of gadan, attabira p.s. case no. 52 of 1989 was registered suo motu by the police indicating therein that between march 14, 1989 and; march .....
Tag this Judgment!Court : Orissa
Reported in : 2012(3)LLN783
s.k.mishra, j. 1. a subtle but interesting question arises in this batch of writ petitions. whether the industrial tribunal or labour court is required to decide as a preliminary issue, the question regarding the validity/fairness of the domestic enquiry in pursuance of which a punitive dismissal order has been passed against the workman ? 2. short facts leading to filing of these writ petitions are that the opposite parties were working as mazdoor of the petitioner. on 22.04.2006, it is alleged that while working in the dungri lime stone quarry of acc cement ltd., they indulged in disruptive activities which amounted to misconduct. so explanation was called for from them. not finding explanation to be satisfactory, disciplinary actions were initiated and after due enquiry they are found guilty as alleged. thereafter, 2nd show-cause notices were issued. causes shown were found unsatisfactory. thereafter, as a disciplinary measure, the management imposed punishment for their dismissal from service. on being aggrieved by such order of dismissal, the opposite parties raised industrial dispute which cumulated in reference to the central government industrial tribunalcum- labour court, bhubaneswar, hereinafter referred to as the cgit for brevity. thereafter, the parties appeared before the cgit and put in their pleadings. on the basis of pleadings, the following issues were casts by the cgit: (i) whether the domestic enquiry conducted by the first party-management m/s u.k. sahu, .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR671
..... the question whether oil-cake includes de-oiled cake becomes academic, if it is held that in common parlance, feed and fodder for cattle, poultry and pig take within their sweep de-oiled cake. .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... this question has become academic in view of the conclusion above.7. .....
Tag this Judgment!