Orissa Court November 1969 Judgments
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Uday Nath Nanda and ors. Vs. Bulei Guru and ors.
Court: Orissa
Decided on: Nov-11-1969
Reported in: AIR1970Ori168
ORDERR.N. Misra, J.1. This revision application at the instance of the plaintiffs in a suit is directed against the appellate order of the Additional Subordinate Judge, Cuttack, dated 14-5-1966 passed in Title AppealNo. 191 of 1965 remanding the suit to the trial Court with a direction to receive an Ekpadia by way of additional evidence under Order 41, Rule 27, Civil P. C.2. T. S. No. 131 of 1961 was by the petitioners for declaration of their title, possession and for permanent injunction in respect of 9.12 acres of land. The plaintiffs contended that the lands were partly Nijjote and partly Anabadi and belonged to three sets of landlords who initially came from one family. It was contended that the plaintiffs and before them their forefathers were cultivating these lands under the ex-proprietors and ultimately approached them to settle the lands with the plaintiffs. In 1944 the lands were so settled, and rent was received by the ex-proprietors until there was vesting of the estate. S...
Ramachandra Gochhikar and ors. Vs. Ramachandra Biswal and ors.
Court: Orissa
Decided on: Nov-11-1969
Reported in: AIR1970Ori164
ORDERR.N. Misra, J.1. The decree-holders in a money suit are the petitioners in this revision application. They obtained the decree in question for a total amount of Rupees 3235-3-3 pies on 8-3-57 against judgment-debtors Janmejoy Swain and Pata Dei.During the pendency of the suit there was an attachment before judgment against the properties which are involved in the present proceedings. Execution Case No. 50 of 1967 was filed by the decree-holders, as the decree had remained unsatisfied. As there is no objection that Execution Case No. 50 of 1967 was barred by limitation it must be taken as an accepted position that there had been other execution cases intervening as steps in aid.Mr. Patra for the opposite parties wanted to raise objection on that score mainly on the ground that the decree-holders have not placed materials to prove other steps in aid. For the purposes of the present revision application, I have ruled out such contention on the ground that objection on such score was ...
Bhima Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-05-1969
Reported in: AIR1970Ori163
G. K. Misra, C.J.1. On 7-9-1969, the petitioner was served with Annexure A, an order dated 6-9-1869 passed by the District Magistrate, Cuttack, in exercise of his powers under Sub-clause (ii) of Clause (a) of Sub-section (1) of Section 3 of the Preventive Detention Act, 1950, directing that the petitioner shall be detained in Cuttack Jail until further orders. The impugned order of detention was served on him as on the next day in pursuance of the provisions of Section 7(1) of the Act. The grounds may be enumerated hereunder.(1) You, taking advantage of the students' agitation since July 1969, protesting against the increase in bus fare and levy of octroi by the Cuttack Municipality made every effort to induce the students to resort to violent activities which would ultimately have led to complete breakdown of public order. Specifically, your activities prejudiced the maintenance of public order as evidenced by the following incidents:-- (i) On 21-8-1969 the students damaged the public...
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