Orissa Court January 1971 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sulei Bewa and ors. Vs. Gurubari Rana and ors.
Court: Orissa
Decided on: Jan-29-1971
Reported in: 37(1971)CLT297
R.N. Misra, J. 1. The plaintiffs are appellants. The appeal is directed against the judgment of the learned Subordinate Judge. Dhenkanal, in a suit for partition of the properties described in Schedule A to D of the plaint. Relief of declaration of exclusive title in regard to a house standing on plot No. 2797 was also asked for. The plaintiffs also prayed for permanent injunction against the defendant No. 1. 2. The parties are relations and their relationship is as shown below: NADU JENA ______________________|___________________________ | |Kapila Kurti (D.2) _______________________________________________________ | |Gauranga (died in 1962 = widow) Gurubari (adopted by Dama Rana (D.1)Sulai Bewa (Plff. 1) _________________________________________________________ | | | | Kalei Sara Panchai Labani (Plff. 2) (Plff. 3) (Plff. 4) (Plff. 5)The plaintiffs claimed that Gurubari had been adopted out of the family since his childhood and he was actually enjoying the properties of Dama Rana, the...
Bhagirathi Saha Vs. Gift-tax Officer and Another.
Court: Orissa
Decided on: Jan-29-1971
Reported in: [1971]81ITR709(Orissa)
G. K. MISRA C.J. - The petitioner is a businessman and an assessee under the Income-tax Act, since long. The genealogy of the petitioners undivided joint family is given hereunder. Bhagirathi has two sons Surajmal and Rampal. Nanu Devi is the wife of Surajmal and Godavari Devi is the wife of Rampal. Surajmal has three sons, Lokanath, Biswanath and Chaturbhuj. Subash and Manu (Manmohan) are the sons of Rampal. Sheoduttrai, Bholanath and Bhagirathi (petitioner) were the sons of deceased Dhanraj. Bholanath died issueless on 14th of June, 1964. His entire assets were inherited by the petitioner as the next reversioner, Sheoduttrais family having been extinct before the death of Bholanath. The petitioner effected a partial partition of his assets between himself, his sons, grandsons and daughters-in-law on 24th of October, 1965. The assets which he inherited from Bholanath were thrown by him into the common hotchpot of the undivided joint family consisting of himself, his sons, grandsons an...
Bansidhar Malik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-28-1971
Reported in: 37(1971)CLT389
G.K. Miska, C.J. 1. The petitioner's case is that he was the tenant in respect of the disputed land prior to the vesting, he continued to hold the land as a tenant after the vesting and went on paving rent from the year of vesting, 1954, till the end of 1966. Opposite party No. 3 filed an application before the Tahasildar (opposite party No. 2) under Section 8 (1) of the Orissa Estates Abolition Act (hereinafter to be referred to as the Act) claiming that he was the tenant in respect of the disputed land. The petitioner raised objection. The Tahasildar took evidence, oral and documentary, including rent receipts, and ultimately came to the conclusion that opposite party No. 3 was a tenant on the date of vesting and would continue as such thereafter and rent is acceptable from him. It is against this order that the petitioner has filed this writ application under Articles 226 and 227 for issue of a writ of certiorari. 2. Section 8 (1) of the Act runs thus:'8. Continuity of tenure of ten...
Krushna Singh Vs. the State
Court: Orissa
Decided on: Jan-27-1971
Reported in: 37(1971)CLT321; 1971CriLJ1497
ORDERS. Acharya, J.1. The appellant stands convicted Under Section 302, Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for life.2. The prosecution case, in short, is that on the afternoon of 17th February, 1966, Puma Ram (P.W. 13) the appellant, accused Kangali Ram, and one Jogi Ram played cards for sometime and thereafter went to a liquor shop and. all of them took liquor there. After drinking liquor when P.W. 13, the appellant, and Kangali Ram were returning on Jae village road and were in front of the house of P. Ws. 5 and 6, Purna Ram (P.W. 13) demanded from the said Kangali Ram his 8 annas which he had paid in excess for the price of liquor consumed by all of them. Thereupon, both the accused Kangali Ram and Krushna Singh the appellant, pressed P.W. 13 down on the ground, and when P.W. 13 raised a hulla P. Ws. 11 and 12 immediately came to the spot. Accused Kangali Ram then gave a fist blow on the nose of P.W. 13 at that place as a result of w...
Jami Bhimaraju and ors. Vs. Konchada Kedarnadha Subudhi
Court: Orissa
Decided on: Jan-21-1971
Reported in: AIR1972Ori81; 37(1971)CLT251
R.N. Misra, J. 1. The decree-holders who had levied execution of an order of the House Rent Controller for eviction of the judgment debtor in E. P. No. 1 of 1970 are the appellants against the reversing appellate decision of the learned Subordinate Judge, Berhampur.2. It is contended by Mr. Murty for the appellants and not disputed by Mr Palit for the respondent that House Rent Control Case No. 42 of 1964 in the court of the House Rent Controller at Berhampur was one for eviction of the respondent who was the tenant under the appellants on the ground that the tenant was a defaulter in payment of rent and the premises was necessary for the bona fide occupation of the landlords. A compromise was entered into between the parties and an application was filed on 23rd June. 1966. The entire petition of compromise is extracted below:-- 'Compromise petition filed by both parties most respectfully showeth: At the intervention of respectable persons, both parties have settled their dispute and c...
ippily Ramamurthy Vs. Khetra Praja Ratna and ors.
Court: Orissa
Decided on: Jan-21-1971
Reported in: 37(1971)CLT271
R.N. Misra, J.1. The plaintiff is in appeal against the judgment and decree of the learned Subordinate Judge of Berharnpur, dismissing his suit for partition and allotment of one-fourth share of the disputed properties.2. The plaintiff claimed that his elder brother Ipilly Rangayya was the manager of the Joint family and had advanced a loan to defendant No. 1. On the death of his brother Rangayya, the entire joint family property came to be managed by the Plaintiff. He instituted a suit against defendant No. 1 and obtained a decree from the Court of the Sub-ordinate Judge, Berhampur. For satisfaction of that decree the undivided one-fourth interest of the defendant No. 1 in the disputed properties was purchased by him under two sale certificates. The plaintiff took symbolical delivery of possession of the disputed properties on 10th October 1951. Thereafter, he instituted the present suit on 10th October1963 for partition.3. Of the six defendants five excepting the defendant No. 3 file...
Maheswar Mahapatro Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-19-1971
Reported in: [1972]29STC52(Orissa)
G.K. Misra, C.J. 1. The Assistant Sales Tax Officer, Jeypore, (opposite party No. 3) assessed the petitioner with sales tax by an order dated 22nd September, 1968, (annexure 'D') for the year 1965-66 in respect of the quantity of rice and wheat (controlled goods) sold by him. As the petitioner was an unregistered dealer, he was also assessed with penalty. The writ application has been filed to quash the assessment on the ground that the petitioner is not a dealer. The petitioner's case is that he distributed rice and paddy under an agreement, a sample copy of which is annexure 'A'. Annexure 'B' is the order issued by the District Magistrate, Koraput, on 6th August, 1965, to the petitioner appointing him as a retailer for sale of Government rice. A similar order was issued for sale of wheat. The petitioner's stand is that he was an agent of the Government in the matter of distribution, and supply of the controlled commodities, wheat and rice, which were in short supply. He takes the alt...
Dasarath Naik Vs. Gura Bewa and ors.
Court: Orissa
Decided on: Jan-15-1971
Reported in: AIR1972Ori78
R.N. Misra, J.1. The defendant is the appellant. The plaintiffs filed a suit for partition of immovable properties contained in Kha and Ga schedules and of movables under Gha schedule and claimed that they were entitled to half share in the said properties. The relationship of the parties can be found out from the genealogy appended below:-- DUTIA _____________|______________ | | Dalu (dead) Dasarath= widow Gura (P.1) (defendant) | |___________ | Pandu (dead) = widow Asan (P.2) Pata (daughter) (P.3).2. The plaintiffs claimed that the Immovable properties were the separate properties of Dutia and Dutia having died 3 or 4 years prior to the institution of the suit and the plaintiff No. 1 being the widow of the pre-deceased son and the plaintiff No. 2 the widow of the predeceased grandson of Dutia, both of whom became widows after the commencement of the Hindu Women's Right to Property Act, they are entitled to half share in the property equal to the share that Dalu was entitled to in ...
Bhagirathi Rout Vs. Gopal Charan Rout and ors.
Court: Orissa
Decided on: Jan-15-1971
Reported in: AIR1972Ori206
A. Misra, J.1. Defendant No. 1 is the appellant against a reversing judgment. Plaintiff-respondent No. 1 filed the suit for declaration of title to and confirmation of possession of 24 decimals constituting the western half of plot No. 666 after declaring that the sale deed executed by defendant No. 3 in favour of defendant No. 1 is not valid and binding. The facts, in brief, are as follows:-- Plot No. 666 containing an area of 48 decimals belonged to and was recorded in the names of deceased Hadu Behera and Banchha Behera (defendant No. 3). Defendant No. 2. son of Hadu succeeded to his father's share. In a partition, defendant No. 2 got the western half, while defendant No. 3 got the eastern half. Plaintiff purchased the suit land from defendant No. 2 by a sale deed on 6-9-1952 and came into possession. As defendant No. 1 threatened to dispossess him on the basis of a sale deed executed by defendant No. 3 in his favour in 1940, he instituted the suit. Defendant No. 1 resisted the plai...
Ram Chand Lakhani Vs. Sk. Umar Ali
Court: Orissa
Decided on: Jan-12-1971
Reported in: 37(1971)CLT226
A. Misra, J. 1. Defendant No. 1 is the appellant against a reversing judgment. Plot No. 3460 measuring 13' x 20' recorded as Nainjori situate between the plaintiff's building on plot No. 3439 and the Bhadrak station feeder road constitutes the subject-matter of dispute. According to the plaintiff, he has some windows and a door opening on the southern side of his building which is bounded by a compound wall. There is a gate in the compound wall opening to the suit land through which he was having access to the Bhadrak station feeder road from his house. Previously, the suit land had vested in the District Board, but at present, it is under the administrative control of State Government in the Revenue Department. On prior occasions, plaintiff had prevented defendant No. 1 from making any construction on the disputed land, but on 13-3-1963, finding that defendant No. 1 had collected some building materials and started constructions, he filed the suit for a permanent injunction restrainin...
- ‹ Prev
- 2
- Next ›
- Last »