Court : Orissa
Reported in : AIR1993Ori81; 75(1993)CLT30
d.p. mohapatra, j. 1. aggrieved by the decision of the council of higher secondary education, orissa (opp. party no. 1) (for short, 'the council') in cancelling their result in english ii (for arts) of the second higher secondary examination, 1991 vide notification dated 25th november, 1991 (annexure 6), the petitioners filed this writ application seeking to quash the decision of the council. 2. the case pleaded by the petitioners, shorn of unnecessary details, may be stated thus: ninety-one candidates including the petitioners appeared in the second higher secondary examination, 1991 from the centre at b. b. college, baiganbadia in the district of mayurbhanj. the examination in english ii was held during the first sitting on 29-8-91. the examination on that day was conducted smoothly and without any untoward incident. in course of the examination opp. party no. 4 shri ashutosh sahoo, deputy secretary, north zone, council of higher secondary education paid a surprise visit to the centre. the opp. party no. 5 shri pradip kumar rout, principal of the college who was the centre superintendent accompanied him. he made a thorough search of the candidates. one candidate sarojkanta misra was allegedly carrying a piece of printed paper. there was some dispute between the deputy secretary and the centre superintendent whether the incriminating material found from sarojkanta misra was a piece of 'printed paper' as reported by the latter or a 'chit' as reported by the former. it is the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori70
patra, j.1. both these appeals arise out of the judgment of the subordinate judge, cuttack in land acquisition case no. 19 of 1970. by declaration dated 23-12-1966 published in the orissa gazette on 2-2-1967, 12 acres of land appertaining to plot no. 117 of mouza jajbhairaba were acquired by government for the purpose of construction of aviation research centre at charbatia. the land acquisition collector valued the land at rs. 2,000 per acre and has awarded the compensation jointly to mahabir prasad santuka, mahabir prasad modi, kamali debi and bhati bai, petitioners 1 to 4 in the land acquisition case. plot no. 177 has a total area of 167 acres. exhibit b is the field verification map got prepared by the land acquisition collector in respect of that plot. various persons had acquired different portions of plot no. 177. exhibit b shows sub-division of plot no. 177 into different parcels and each sub-division has been allotted a separate number. there is no dispute in this case that the 12 acres of land acquired in this case cover sub-plot nos. 16, 17, 16a and 17a of plot no. 177. so far as sub-plot nos. 16 and 17, each measuring 5 acres are concerned, there is dispute regarding title.while petitioners 1 and 2 mahabir prasad santuka and mahabir prasad modi claim title to these two sub-plots and their claim thereto is accepted by the land acquisition collector, petitioners 5 aud 6 banwarilal bathual and his wife sabitri debi respectively contend that they are the owners of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori88
g.k. misra, c.j.1. the case of the petitioners may be stated in short. they are members of one family and they are residents of the ex-state of pallahara which merged with the state of orissa on 1-1-1948. their ancestors had excavated the disputed tank in village dimiria with an area of 2.80 acres pertaining to khata no, 58, on plot nos. 502. 921 and 922, about 80 years back. after excavation of the tank their ancestors had planted several fruit bearing trees on its embankment. the ancestors and after their death their heirs, and at present the petitioners are in actual physical possession of the tank. they enjoy the fruits of the trees and the fish from the tank. in the finally published record-of-rights in 1916 the possession of their ancestors was noted in the remarks column. thus the petitioners are in possession of the disputed tank with its embankment openly, peaceably and in their own right and have acquired right, title and interest in the disputed tank. in or about the year 1963, one fakir mohan pradhan the then sarpanch of dimiria grama panchayat, who bore a personal grudge against petitioner no. 1, created disturbance over the possession of the tank. in a proceeding under section 145, criminal p. c. the possession of the petitioners was declared on 17-2-1964 by an order annexure a. the sarpanch asserted his claim on the basis of an order of transfer of the tank in favour of the grama panchayat by the government. being unsuccessful in the 145 proceeding he got a .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT451
a.s. naidu, j.1. in all these writ petitions the petitioners pray to issue a writ of mandamus directing the opp, parties to release the paddy seized from them respectively by the tahsildar, lakhanpur, opp. party no. 3, vide seizure-list dated 21.2.2005, annexure-2 in the respective writ petitions. as the facts and points of law involved are same, all the writ petitions are disposed of by this common judgment.2. the petitioners assert that they are farmers and they possess their own lands. in support of such statement they rely upon the identity cards issued by the tahsildar, vide annexure-1. with much difficulty they had grown paddy in their lands and after harvesting for selling the same at the best price petitioner nos. 2 to 7 had been to their nearby village singharpur, which is the village of petitioner no. 1. while all the petitioners were negotiating to sell their paddy, opp. party no. 3 tahsildar conducted a raid and seized their entire paddy, vide the seizure-lists respectively annexure-2 to the writ petitions. according to the petitioners the tahsildar never disclosed the reason for such seizure nor the provision under which he was exercising the power to make the seizure. in the seizure-list annexure-2 the ground of seizure was stated to be 'sale of paddy through middleman suspected'. it is further asserted by the petitioners that on the basis of applications filed by them before the concerned authority, the latter released their vehicles, but then did not release .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori115; 29(1963)CLT127
r.l. narasimham, c.j.1. this is an appeal from theappellate judgment of the subordinate judge ofpuri modifying the judgment and decree passedin favour of the appellants by the munsif ofkhurda.2. the dispute is between some of the badu sebaks (appellant) of the well known temple of sri lingaraj of bhubaneswar on the one hand and the board of trustees of the temple (respondents) appointed by the commissioner of hindu religious endowments, on the other, as regards their respective rights to appropriate the offerings made at the temple by pilgrims. there was a previous dispute (o. s. no. 84 of 1949) which was compromised on 23-1-1951 and the terms of the compromise were incorporated in the decree (ex. 1). in that litigation the trustees of the temple were (1) shri pareswar mohanty, a senior advocate of cuttack bar (since dead) (2) shri bichitrananda das, and (3) shri satya priya mohanty. they and the badus (appellants) joined in the compromise petition, but subsequently difference arose regarding the interpretation of some of its terms and this resulted in the present litigation. i specially refer to the fact that two senior advocates of cuttack joined in the compromise petition, mainly in order to emphasise that when they did so, they may be presumed to have been aware of the leading decisions regarding the respective rights of the deities and sebaks in public temples to appropriate the offerings made by the pilgrims.3. a nepali gentleman visited the shrine on the 14th march .....
Tag this Judgment!Court : Orissa
Reported in : [1977]108ITR544(Orissa)
r.n. misra, j.1. this is an appeal under section 269h(1) of the income-tax act of 1961 (hereinafter referred to as 'the act'). the appellant purchased 53.34 cents of land comprised in two contiguous plots situate in sankarpur area within the berhampur municipality in the district of ganjam from one subakaran barariafor a consideration of rs. 48,500. this property is a part of a larger piece of land measuring 86 cents in all which the vendor had purchased in march, 1969, for a consideration of rs. 35,000. the inspecting assistant commissioner, acquisition range of bhubaneswar, initiated proceedings under section 269c of the act on the footing that he as competent authority had reason to believe that the transfer by the appellant's vendor to the appellant was for an apparent consideration which was less than the fair market value of the property and that the consideration for the transfer as agreed to between the parties had not been truly stated in the sale deed with the object of facilitating the reduction or evasion of the liability of the transferor to pay tax under the act in respect of any income arising from the transfer or facilitating the concealment of any income or any moneys or other assets which have not been or which ought to be disclosed by the transferee for the purposes of the act or the wealth-tax act. the appellant furnished his objection and placed for consideration of the competent authority a valuation report obtained from an expert. the official valuation .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori296; 19(1953)CLT484
mohapatra, j. 1. these two miscellaneous appeals arise out of execution proceedings in execution of a decree obtained by the cuttack bank limited against kashinath das and others for a sum of rs. 5,000/- and odd, the decree being dated 27-7-1939. in misc. case no. 116 of 1947, out of which m. a. 93 of 48 arises, rabindranath das, alleging to be the adopted son of golak chandra das, deceased and judgment-debtor no. 6 gourang gharan das filed an objection under section 47, civil p. c., that the sale which took plaoe on 5-5-1947,was void against the interest of the deceased golak chandra das, who died on 15-11-1946. in misc. cases nos. 137 and 138 of 47 out of which m. a. 92of 43 arises, purchasers of the portions of the mortgaged property on 8-3-1941, made an appli-cation under section 47, c. p. c., and also under order 21, rule 90, c. p. c., alleging the sale to be voidand also with a prayer for setting aside the sale on the allegation that in the execution proceedings on the application of the judgment-debtors under the provisions of the orissa money-lenders act, an order was passed on 15-1-1943, allowing the judgment-debtors to pay on instalment, but the same execution proceeding was allowed to be proceeded with and the sale took place in the same execution proceeding without fresh service of notice under order 21, rule 22, c. p. c., and as such, the sale is void. they have also made (application?) to bring the case under order 21, rule 90, c. p. c. on the petition of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori266; 53(1982)CLT383
patnaik, j.1. the petitioners, whotook the annual intermediate examination in arts and commerce, 1981 fromthe adikabi saraladas college centre.tirtol, have filed this writ applicationimpugning the notification dated 22-6-1981 (annexure-2) issued by the utkaluniversity cancelling the results of theexaminees who took the intermediateexamination in arts and commerce fromthe said centre. 2. the petitioners contend that after taking the examination they were waiting for the results to be published. but to their dismay, they learnt that the results had been cancelled on around that there was mass malpractice. they contend that there was intensive invigilation during the examination and proper supervision was made by the university by deputing teachers serving in the university and other colleges. there was no report before the university that the petitioners had indulged in any unfair means. the university was also not right in cancelling the results of all the examinees taking the examination from the centre, on the ground of mass malpractice. they further contend that the principle of natural justice has been violated as there was no enquiry into the allegations and that there was no material before the university for taking the drastic action,3. opposite party no. 1 in the counter-affidavit has averred that there were reports before the university from the centre superintendent and supervisors to the effect that malpractice was resorted to in a vast scale. as the candidates as a .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT656
sanju panda, j.1. the appellants-plaintiff filed a suit, i.e, m.s. no. 36 of 1976 for recovery of rs. 3,531.10p. with interest from the date of filing of the suit till realization, costs and such other relief.2. in the plaint the plaintiffs specifically averred that the plaintiff is a registered firm carrying on business of running a rice mill and whole-sale business in commodities like niger, pulses. the defendants were also carrying on whole-sale and retail business in several commodities. on 22.7.1973, defendant no. 1, one of the partners of the firm came to jeypore and made an offer to the plaintiffs-firm for purchase of jowar. after some discussions, it was agreed that the plaintiffs would supply 225 bags of jowar each weighing one quintal for a price of rs. 140 per bag. they also decided that delivery of the said goods were to be made at the mill premises of the plaintiffs at jeypore. accordingly, delivery was given within 15 days and defendant no. 1 promised to send rs. 15,000 as advance and the balance was to be paid at the time of taking delivery of goods. he further told the plaintiffs to go ahead with the purchase of the contracted quantity of jowar at the earliest. one a. ganga raju and chitty clerk of sri k. kurma rao (defendant no. 1) were present at the time of negotiation. the plaintiffs purchased two truck loads of jowar from kalimela area and made arrangements for purchase of the remaining truck load also and sent two trucks to kalimela for bringing the .....
Tag this Judgment!Court : Orissa
Reported in : 56(1983)CLT105; 1984(I)OLR15
b.n. mishra, j.1. this patition has been filed under section 482 of the code of criminal procedure to quash the proceedings initiated against the petitioner in i. c. c. no. 54 of 1983 in the court of the learned chief judicial magistrate, cuttack. on a complaint petition filed by the opposite party against the petitioner the learned chief judicial magistrate by order dated 28-2-1983 took cognizance under section 420 i. p. c. and summons have been issued against the petitioner. it is this order of the learned magistrate which is under challenge in this case.2. the case of the opposite party (complainant) is that the petitioner was an old college friend of his. the opposite party had written a number of traditional folktales in english language and the petitioner had suggested to the opposite party that he had contact with reputed publishers in english with whom he could make arrangements for publication of the folk-tales which would fatch good money to the opposite party towards royalty as the author. the opposite party believed the representation of the petitioner and around the year 1974 delivered twenty-five stories written by him in english to the petitioner. a few months before filing the complaint, petition the opposite party came acrosses a book named 'indian village tales' published in england in 1975 under the authorship of the petitioner and in that book thirteen stories described in the schedule to the complaint petitioner which had been given by the opposite party .....
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