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Orissa Court November 1970 Judgments

Nov 24 1970

Basanta Misra and ors. Vs. Laxmi Alias Jagyasani Misrani

Court: Orissa

Decided on: Nov-24-1970

Reported in: 37(1971)CLT195

ORDERR.N. Misra, J.1. The plaintiff-opposite party is the widow of a predeceased son of the petitioners. She became a widow sometime in 1953, and being in difficulty for obtaining maintenance she filed a suit on 19th April 1965 for maintenance. The suit was dismissed on 29th April 1967. She appealed. The learned appellate Judge, by his order dated 9th March 1968, framed two issues and called upon, the trial court to return findings on such issues. The findings were returned on 13th August 1968. When the appeal was further heard, the learned appellate Judge raised two more issues which ran to the following effect:'(1) Whether the plaintiff is entitled to any maintenance from the period of institution of the suit till 1-3-68 in view of the fact that she was getting monthly remuneration of Rs. 40/- as school mother:(2) Whether the plaintiff is entitled to maintenance at the rate of Rs. 60/-per month from 1st March 1968 till her life-time in view of the changed circumstances and if not at ...

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Nov 23 1970

Mena Pradhan and ors. Vs. Prahallad Danta

Court: Orissa

Decided on: Nov-23-1970

Reported in: 1971CriLJ1200

ORDERB.K. Patra, J.1. This is a revision petition against an order dated 21-3-1968 passed by the Sub-Divisional Officer and Magistrate, 1st Class, Sonepur in a proceeding Under Section 144 of the Criminal P.C.2. A preliminary order in that case was passed on 14-11-1967 prohibiting the members of the opposite parties therein (who are petitioners in the present revision) from entering into certain plots of lands mentioned in the order. This order ceased to be operative by efflux of time. Admittedly the proceed-ing Under Section 144, Criminal P.C. was never converted to one Under Section 145 of the Criminal P.C. and the properties in dispute were never attached. An application appears to have been filed before the learned Magistrate sometime before 21-3-1968 praying that the standing crops of the lands which were attached and kept under the custody of the Zimadar should be released in favour of the first party in that proceedings (who is the opposite party before me). On this application ...

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Nov 03 1970

State Vs. Anirudha Harijan

Court: Orissa

Decided on: Nov-03-1970

Reported in: 1971CriLJ886

S. Acharya, J.1. This revision has been filed by the State against the order of the Assistant Sessions Judge, Bhawanipatna who enlarged the opposite party on bail on his filing and moving a petition for bail before the said Assistant Sessions Judge. This bail petition was filed along with the memo of appeal addressed to the Sessions Judge, As the Sessions Judge was at Bolangir, the Assistant Sessions Judge, Bhawanipatna disposed of the said bail petition by granting the same by the impugned order. Admittedly, the Sessions Judge, Bolangir, had authorised the Assistant Sessions Judge, Bhawanipatna under the pro. visions of Sub-section (4) of Section 17, Criminal P.C., to receive Criminal Appeals and applications on behalf of the Sessions Judge and in his absence, and to dispose of the urgent applications under the aforesaid authority, and soon thereafter to transmit those papers to the court of the Sessions Judge for registration of the appeal and for further orders.2. Mr. Dhal, the lear...

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