Orissa Court October 1973 Judgments
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Rasiklal Rathor Vs. Smt. Maitroi Sukhla
Court: Orissa
Decided on: Oct-31-1973
Reported in: AIR1974Ori158; 39(1973)CLT1341
ORDERG.K. Misra, C.J. 1. Plaintiff's suit was for a declaration that she had taken lease of 254.25 acres of land in Gonua Iron Mines and for an injunction asainst the defendant. There was a registered agreement between the parties on 10-4-1969. The defendant was a raising contractor under the agreement with a condition to pay royalty on certain terms. The agreement contained the usual arbitration clause.On I6th November, 1970, plaintiff filed the suit. On 8th May, 1971. the trial Court staved the proceeding underSection 34 of the Arbitration Act, and referred the matter to arbitration. Evidence was closed and the case was fixed for argument at 5 p. m. on 4-12-1972. At that point of time, plaintiff withdrew the authority of Sri Raniit Mohanty to arbitrate the case as her nominee. On 5-7-1972 she nominated Sri Muralidhar Mohanty as arbitrator. On 11-12-1972 she filed a petition for approval by the Court of the new arbitrator. On 25-1-1973 she filed an application for withdrawal of the su...
Mangala Majhi and ors. Vs. Smt. Salge Bewa and anr.
Court: Orissa
Decided on: Oct-31-1973
Reported in: 40(1974)CLT35; 1974CriLJ215
ORDERG.K. Misra, C.J.1. Second party members are the petitioners. Mangala Majhi, petitioner No. 1, is the father of petitioners 2 and 3. The husband of opposite party No. 1 Salge Bewa and Mangala are two brothers. Opposite party No. 2 is a transferee from opposite party No. 1 in respect of plot Nos. 590/871 and 590/872. The case of opposite party No, 1 is that her husband was separate from Mangala; the disputed lands were allotted to her husband's share; she has been all through in possession and the petitioners taking law into their own hands have disturbed her possession within two months of the preliminary order passed on 4-2-72. She transferred plot Nos. 590/871 and 590/872 to opposite party No. 2 by a registered sale deed dated 1-7-71. The case of the second party members is that there was no partition and all through they are in possession. The learned Magistrate declared possession in favour of the opposite parties except in respect of plots 19, 145 and 148/1 and passed an order...
Bijayananda Patnaik and ors. Vs. President of India and ors.
Court: Orissa
Decided on: Oct-22-1973
Reported in: AIR1974Ori52
G.K. Misra, C.J. 1. The writ application has been filed by 74 persons, they were all members of the Orissa Legislative Assembly which was dissolve ed by the Proclamation dated 3rd March. 1973 issued by the President of India under Article 356 of the Constitution (hereinafter to be referred to as the Proclamation). 2. The substantial averments in the Writ application may be stated in short hereunder. Shri Bijayananda Patnaik alias Biju Patnaik (petitioner No. 1) was the leader of the Pragati party and of the Opposition in the Orissa Legislature. Petitioners 1 to 71 are members of the Prasati party, peti-tioner No. 72 is an Independent member and petitioners Nos. 73 and 74 are mem-bers of the Jharkhand party. On 9th of January, 1971 the Swatantra jana Congress ministry resigned The resignation was forthwith accepted by the Governor without asking the Chief Minister to carry on the administration until alternative arrangement was made. There was a constitutional void till 11th January, 19...
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