Court : Mumbai Nagpur
oral judgment: (anoop v. mohta, j.) 1. rule, returnable forthwith. heard finally by consent of the learned counsel for the parties. 2. the petitioner was rusticated therefore, this petition. mahatma gandhi antarrashtriya hindi vishwavidyalaya act, 1996 (for short the said act ) provides for dispute settlement mechanism in sections 32, 33 and 34 for the students in disciplinary cases which are reproduced as under: .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori99
Panigrahi, J. 1. This is an appeal by the plaintiffs against the judgment of the District Judge, reversing the judgment of the Subordinate Judge, Sambalpur. The plaintiffs are the descendants of one Nidhi Gountia, who was admittedly the Gountia of the village of Kermali within the ambit of the defendant's zamindari of Borasambar. The plaintiffs' case is that Nidhi Gountia held the village on a Thikadari tenure and that by way of a family arrangement had allotted the 'sir' and 'bhogra' lands of the village to his sons; that the lands described in Schedule B of the plaint had been allotted to his son, Maheswar; and the lands described in Schedule C had similarly been allotted to his son, Gangadhar. Plaintiffs 1 and 2 and plaintiffs 3-6 are, respectively, the descendants of Maheswar and Gangadhar. The lands described in Sch. D were, according to the plaintiffs, allotted to three other sons of Nidhi, who are not concerned with the present dispute, and those properties are not in suit. The ...
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori143
Ray, C.J.1. The question, involved in this appeal, is whether a plaintiff can avail himself of the benefits of the doctrine of part performance of a contract for sale as against an invasion on his rights by an attaching creditor of the transferor (promisor.) He had objected to the attachment by advancing a claim in Order XXI, Rule 58, Civil Procedure Code. The claim having been rejected he brought the suit, out of which this Second Appeal arises.2. The appeal was heard 'ex parte', and the learned Counsel, appearing on behalf of the appellant No. 1 obtained a decree for costs against them invite our attention to such authorities as could be cited by the respondent had he been represented before us.3. The facts, in short, are that the disputed properties belonged to defendants 2 to 12. Defendant No. 1 obtained a decree for costs against them. After decree, passed on 2-9-1936, the aforesaid defendants separated amongst themselves and the disputed properties fell to the share of defendant ...
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad582
Panchapakesa Ayyar, J.1. This is an appeal by the decree-holder in O. S. No. 781 of 1933, District Munsif Court, Nellore, against the order of the District Judge, Nellore, dated 7th October 1947, in A. S. 111 of 1947 on his file, setting aside the Kavali District Munsif's order, dated 13th December 1946, in E. P. No. 48 of 1946, in O. S. No. 781 of 1933, and dismissing the execution petition as barred by limitation, as the order of the District Munsif, Nellore, dated 27th January 1936, in EX. P. 5 (a), directing simultaneous execution in his Court as well as the District Munsif Court, Kavali, had been passed without notice to the judgment-debtors and was illegal and would not serve as a step-in aid of execution and save limitation regarding the subsequent execution petitions, including E. P. No. 48 of 1946, under the rulings in Gurudas Adbya v. Jnanendra Narain : AIR1935Cal268 and Lakshman Hari Kanhere v. V. G. Virkar : AIR1939Bom258 .2. I have perused the entire records, and heard ela...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori83; 18(1952)CLT158
..... . w. 1 is concerned there is specific evidence against all these three petitioners and i can see no reason to interfere with their conviction. the other two petitioners, nanda and gandhi are entitled to the benefit of doubt and should be acquitted of the charge under section 323, penal code for assault on p. w. 1.5. the conviction of the ..... on p. ws. 1, 2 and 3.2. the case against them is that they committed an assault on p. w. 1, the complainant. in addition, petitioners loka, nanda and gandhi have been convicted for assaulting p. w. 2 and sentenced each to pay a fine of rs. 40/-. petitioner nanda is further convicted under section 323, penal code for having .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
Jagannadhadas, C.J.1. This is an application under Article 226 of the Constitution by the petitioner who is the proprietor of Madhupur Estate in Cuttack district, against the State of Orissa and the Court of Wards of the Orissa State, as well as against the Deputy Collector in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under Section 16, Orissa Court of Wards Act, 1947, issued notification No. 9876/R dated the 7th December 1951, in the Revenue Department declaring the petitioner a disqualified proprietor under Section 10 (f) (iv) of the said Act and published the same in the Orissa Gazette in accordance with the provision of Section 21 of the Act. The Court of Wards assumed superintendence of the Madhupur Estate by virtue of the said notification on the 8th December 1951. Since then, the Estate has been under the management of the Court of Wards. The petitioner has accordingly come forward with this application dated the 5th March 1952, chal...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
Jagannadha Das, C.J.1. These are applications under Article 226 of the Constitution lor the issue of mandatory writs against the State of Orissa restraining them from issuing any notifications or taking any other steps under the Orissa Estates Abolition Act, 1 of 1952, in so far as the estates to which these applications relate. These eight applications concern eight per-manently settled estates of the ex-Madras area, which since 1-4-1936, became part of the then newly formed State of Orissa. All the applications involve substantially the same questions and are therefore dealt with together. 2. The trend of economic and political thought of the nation has insisted upon the abolition of Zamindari tenure and the elimination of intermediaries between the State and the cultivator as the first step in any general measure of agrarian reform. It has been considered that concentration of large blocks of land in the hands of a limited number of Zamindars denying fair distribution thereof to the...
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
P.V.B. Rao, J.1. These two appeals No. 85 by Pagla Raba and No. 97 by eight persons, namely, (1) Bairagi Cha-ran Das, (2) Achhebar Dubey, (3) Sidheswar Panda, (4) Chintamani Das, (5) Pitambar Das, (6) Khetramohan Das, (7) Fakir Charan Sahu and (8) Gadadhar Das were filed against the same Judgment and were heard together. All these nine accused persons, along with five others acquitted by the learned Sessions Judge, were tried on charges under Sections 147, 302, 302/149, 333, 333/149, 332, 332/149, 148/109 and 302/109 of the Indian Penal Code.2. All the accused persons were charged under Section 147, I. P. C. Accused Lakshman (acquitted) stood charged under Section 302, I. P. C. and all the other accused persons were charged under Section 302/149, I. P. C. Accused Bairagi, Fakir, Chintamani, Pitambar, Tarini, Khetramohan and Achhebar were charged under Section 333, I. P. C. The rest of the accused persons were charged thereunder read with Section 149, I. P. C. Accused Sidheswar was char...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori183
G.C. Das, J. 1. This second appeal and the application under Article 226 of the Constitution which is numbered as O. J. C. 401 of 1956, were ordered by a Bench of this Court to be heard together being connected matters' and accordingly they were heard analogously and are disposed of by this common judgment. The second appeal by the Commissioner of Hindu Religious Endowments, Orissa (defendant-1) (hereinafter referred to as the Commissioner) is directed against a judgment of the learned Dist. Judge of Cut-tack D/-26-4-52 dismissing his appeal arising out of a suit filed by the respondents under Section 64 (2) of the old Orissa Hindu Religious Endowments Act (Orissa Act IV of 1939) (hereinafter referred to as the Act)'.2. O. J. C. No. 401 of 1956, was filed by the plaintiff-petitioner under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus against the Commissioner and the Certificate Officer, Kendrapara, directing them not to proceed with the certificate pro...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori168; 1958CriLJ1055
R.L. Narasimham, C.J.1. This is a proceeding for contempt started against the former Chief Minister of Orissa, Sri Naba Krishna Choudhury in respect of a speech made by him in the Orissa Legislative Assembly on 8-3-1956. An extract from the speech was published in a local daily known as 'Matrubhumi' on 10-3-1956. The Editor and the Printer and Publisher of the said daily were also called upon to show cause why they may not be committed for contempt, but they have both tendered an unqualified apology.2. In October 1953 a Division Bench of this Court, (Panigrahi C. J. and Mohapatra J) in an application under Article 226 of the Constitution filed by one of the Zammdars of Ganjam district delivered judgment holding that the survey made in Ganjam District was not authorised by law inasmuch as the proper notification under the Madras Survey and Boundaries Act of 1923 was not issued, and also gave consequential reliefs to the applicant. This judgment was reported in Mohan Prasad Singh Deo v. ...
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