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Orissa Court November 1971 Judgments

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Nov 09 1971

Sudha Dibya Vs. Swapneswar Deb and anr.

Court: Orissa

Decided on: Nov-09-1971

Reported in: AIR1972Ori145; 38(1972)CLT32

A. Misra, J.1. Defendant is theappellant.2. Plaintiffs filed the suit for removal of the defendant from the shebait marfatdarship of plaintiff No. 1, the deity, and appointing plaintiff No. 2 to perform its seba-puja from out of the usufructs of the, suit schedule properties. According to them, Bhima Das, father-in-law of the defendant purchased some of the deity's properties from the father of plaintiff No. 2 and since then he as a co-marfatdar was performing his turn of seba-puja of the deity. After Bhima's death, his son Dol-govind was also performing the seba-puja of the deity along with other shebaits from out of the usufructs of the suit lands. Dolgovind died leaving his widow (defendant) as his sole heir and successor. Since 1960, the defendant who is serving at Bhanjanagar as a female Jail warder hasnot been performing the seba-puja of thedeity and misappropriating the income. On these grounds, the deity and its mar-fatdar (plaintiff No. 2) filed the suit for the above reliefs....


Nov 01 1971

Anupama Misra Vs. Bhagaban Misra

Court: Orissa

Decided on: Nov-01-1971

Reported in: AIR1972Ori163

S.K. Ray, J.1. On 22-5-56 the appellant in both these appeals was wedded to the respondent. They are Bramhins by caste, and their marriage was a sacramental one. The marriage did not run smoothly for long, and entered into a troubled phase. At the time of this marriage, the husband was a student in the college. At his village home, where he took his bride after marriage, remained his mother, his younger brother, and a married sister. Ultimately, the appellant left the house of her husband on 10th of December, 1957, and went to reside with her parents. The parties differ as to the cause of such desertion. According to the appellant, she was compelled to flee on account of intense mental torture to which she was subjected by the inmates of her husband's house,as she had not brought sufficient dowry along with her. According to the husband, she developed illicit intimacy with one Ram Narayan and committed adultery with him, and lastly left the house of her own accord in company with her p...


Nov 01 1971

Subodh Kr. Beuria Vs. Bhairab Ch. Mohanty

Court: Orissa

Decided on: Nov-01-1971

Reported in: AIR1972Ori169

ORDERA. Misra, J.1. The petitioner filed the application for amendment of his election petition on 20-9-71. The respondent filed his counter on 7-10-71. When this matter came up for hearing on 8-10-71, petitioner filed another application for amendment of certain particulars in the amendment petition on the ground of inadvertent omission and typographical error. Both parties were heard on that day in the matter of the two amendment petitions filed and orders were reserved. On 22-10-71, respondent filed a petition for amendment of his counter to the first amendment petition on the ground that it is necessitated in view of the application filed on 8-10-71.2. The petitioner Subodh Kumar Beuria claiming to be an elector in the Cuttack City Assembly constituency filed the election petition challenging the election of the respondent. The result of the election was declared on 10-3-71 under Section 66 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act). Th...


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