Orissa Court October 1971 Judgments
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Savitri Dei Vs. Bhaskar Bhuyan and ors.
Court: Orissa
Decided on: Oct-26-1971
Reported in: AIR1972Ori148
G.K. Misra, C.J. 1. Plaintiff's case may be stated in short. The disputed properties measure 6-28 acres of land with a house standing thereon. These properties belonged to deceased Pratap Bhuyanwho left behind his widow Sukuti and a daughter Mali (plaintiff). Savitri (appellant) is the daughter of Mali who died after the disposal of the suit and before the filing of the First Appeal. Planitiff's case is that after Pratap's death, Sukuti was in possession of the disputed properties and she being a Pardanashin lady got the properties managed through defendant No. 1 who is the agnatic brother of Pratap and married to the sister of Sukuti. Defendant No. 1 filed O. S. No. 631 of 1931-32 against Sukuti for a declaration that he was the adopted son of Pratap and obtained a fraudulent decree. Defendant No. 1 cultivated the suit lands and paid rent on behalf of Sukuti and had retained rent-receipts with him. The present suit was filed in 1964. Sukuti died about 7 years before the institution of...
Chhinu Kare and anr. Vs. Kata Kare and anr.
Court: Orissa
Decided on: Oct-20-1971
Reported in: AIR1972Ori153
S.K. Ray, J. 1. This appeal is by the defendants who have lost in both the courts below. It arises out of a suit for declaration of title and recovery of possession of 'Kha' schedule property. This 'Kha' schedule property which is in dispute is a part and parcel of the 'Ka' schedule lands given in the plaint.2. The plaintiffs case is that the entire 'Ka' schedule lands belong to Dasaru Kare, the father of the plaintiff No. 2 and grand-father of plaintiff No. 1, the latter being the son of the former. Dasaru had two sons namely Fate Singh and plaintiff No. 2. Upon Dasaru's death 'Kha schedule land fell to the share of plaintiff No. 2 who possessed the same along with his son plaintiff No. 1. The balance of 'Ka' schedule lands which fell to the share of Fate Singh was assigned by him in favour of his daughters. In the year 1963, defendant No. 1 claimed an interest in schedule 'Kha' alleging himself to be the adopted son of Dasaru's brother Mute Kare and thereby a dispute arose regarding ...
Allied Dealers Vs. State of Orissa
Court: Orissa
Decided on: Oct-14-1971
Reported in: 37(1971)CLT1218; [1972]29STC484(Orissa)
G.K. Misra, C.J. 1. The material facts may be stated in short to answer the questions referred and the questions called for by this court. The Allied Dealers (petitioner) has been assessed to sales tax for the quarters ending 31st March, 1958, to 31st March, 1959. The Orissa Sanitary Mart, alleged to be another firm, supplied goods worth Rs. 14,717 in quarters ending 31st March, 1958, 30th September, 1958, and 31st December, 1958, to the Public Health Division, Bhubaneswar. One Kunjabehari Swain was the proprietor of the Orissa Sanitary Mart. K.C. Panda was the manager of the Orissa Sanitary Mart and also the manager of the petitioner-firm. Manmohan Lal and K.C. Panda became partners of the petitioner-firm in 1959, i.e., after the impugned period of five quarters for which the assessment was made. The S.D.O., Intelligence Circle, got information that the transaction effected on behalf of the Orissa Sanitary Mart to the tune of Rs. 14,717 was really effected by the Allied Dealers. Accor...
Adhar Malik and ors. Vs. Kanhoo and ors.
Court: Orissa
Decided on: Oct-13-1971
Reported in: AIR1972Ori134
S.K. Ray, J.1. This second appeal by defendants 1 to 7 arises out of a suit for declaration of title, confirmation of possession, or in the alternative for recovery of possession of the disputed land, and for an injunction restraining the defendants from demolishing the house standing thereon and from disturbing the possession of the plaintiffs in respect thereof.2. The suit-land has been set outin two schedules of the plaint, Ka and Kha. Ka Schedule land comprises of five decimals and Kha schedule land comprises of three decimals. The suit-lands are comprised in plot No. 431 of Khata No. 107 of Mouza Malipur, and they were recorded in the name of Gopinath Das and others, as landlords, in the settlement record of rights. The recorded Sikimi-tenants in respect thereof were Pan, Nisamani, Sindhu (defendant 7) and Kanda (defendant 8) and Gandhi. Pan's sons are defendants 3 to 6, Nishamani's son is defendant 1 and his widow is defendant 3. These recorded Sikimi-tenants defaulted to pay ren...
Kalinga Otto (P) Ltd. Vs. Charanjit Kochhar
Court: Orissa
Decided on: Oct-07-1971
Reported in: AIR1972Ori172
ORDERA. Misra, J. 1. The facts giving rise to this revision application, in brief, are as follows:The petitioner who entered into a contract with the Hindusthan Steel Ltd., Rourkela, for making certain constructions in connection with the extension of the latter's coke-oven plant engaged the opp. party as a sub-contractor to carry out certain works concerning the contract. In or about April, 1966, the work was completed and the parties agreed by correspondence to refer their disputes to two arbitrators, one to be nominated by each. Accordingly, Shri B, Das and Shri A.K. Sen were nominated as arbitrators by the petitioner and opposite party respectively. The two arbitrators by their letter dated 15-12-67 informed the parties that they had appointed Shri N. C. Deb as umpire and entered on the reference. At the first meeting of the arbitrators held on 23-2-68, it was decided that issues involved in the reference would be disposed of by them without participation of the umpire and the poin...
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