Orissa Court December 1973 Judgments
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Ghana Biswal Vs. Ramanath Mohapatra
Court: Orissa
Decided on: Dec-19-1973
Reported in: AIR1974Ori196; 40(1974)CLT267
S.K. Ray, J.1. This appeal is by the defendant from the reversing decision of the lower appellate Court in a suit for redemption.2. Ac. 1.06 of land situated in Mauza Parbatipur was usufructuarily mortgaged by the plaintiff to the defendant as security for the loan of RS. 800/-advanced by the defendant to the plaintiff. Thus transaction was embodied in a registered mortgage deed dated 1-3-1966. Possession also was delivered to the defendant that very day. This deed contained the stipulation that except in the month of Chaitra of the current year, the mortgagor shall repay the principal amount (Rs. 800/-) and thereupon the mortgagee shall release the mortgaged land and deliver khas possession thereof to the mortgagor. These facts are not in controversy.The plaintiff deposited Rs. 800/- towards the principal money under the mortgage in the Court on 4-4-1967 under Section 83 of the Transfer of Property Act to the account of the defendant mortgagee. The notice issued from the court in purs...
Shri Balunkeswar Mahesh and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-17-1973
Reported in: AIR1974Ori141; 40(1974)CLT301
Patra, J.1. Petitioner No. 1 is Shri Balunkeswar Mahesh, a deity, the management of whose temple is, by an order issued by the Commissioner of Orissa Hindu Religious Endowments, vested in petitioner No. 2. Lands measuring 100.55 acres pertaining to Khewat No. 2 and Khata No. 14 in mouza Hatia Tangara and more fully described in para. 3 of the writ petition belong to petitioner No. 1 who has been recorded as a Malguzar in respect of those properties in the current settlement record-of-Rights. In exercise of the powers conferred by Section 13 (k) (b) and Sub-section (1) of Section 3 of the Orissa Estates Abolition Act, 1951 (hereinafter, referred to as the Act), the State, by issuing Notification No. S.R.O. 22/70 dated 3rd January, 1970 (Annexure 4) declared that the trust estate of Hatia Tangara of the deity Shri Balunkeswar Mahesh in the district of Keonjhar has passed to and become vested in the State free from all encumbrances. The petitioners have filed this application for quashing...
Phulmani Dibya Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-17-1973
Reported in: AIR1974Ori135
G.K. Misra, C.J.1. The disputed lands situate hi the district of Mavur-bhanl were recorded as Brahmottar Maufi in the name of Prana Krushna Panda who died in 1942 leaving behind two daughters -- Haramani (Opposite Party No. 5) and deceased Ashamani, wife of opposite party No. 6. As Prana Krushna died without leaving any male heirs, the Maharala of Mavurbhsni passed an order (Annexure 5) on 7-4-1944 that a good candidate should be found out to take the property subject to maintenance and marriage of the minor girl Ashamani. On the basis of this order, disputed lands were settled with Rama Chandra Pati. husband oi the petitioner, on 13-9-1944 whose name was recorded in the record of rights (Annex. 4). Rama Chandra died in 1959 leaving behind the petitioner as the only heir and she claims that she was in possession of the disputed property, The disputed property which is an estate vested in State of Orissa on 1-10-1964 ODD. parties 4 and 6 filed an application in O. E. A. Case No. 4 of 19...
Jayagopal Mundra Vs. Gulab Chand Agarwalla and ors.
Court: Orissa
Decided on: Dec-12-1973
Reported in: AIR1974Ori173; 40(1974)CLT213
G.K. Misra, C.J.1. The disputed property is a house with vacant site in village Bagdihi in the Dist. of Sambalpur. Deceased Punamchand, father of deft. No. 3 and deceased Bhagirathi (original defendant No. 4) were owners of the disputed property. They executed a usufructuary mortgage bond (Ext. 3) on 19-7-1911 in favour of the ancestors of the plaintiffs. In 1939 deceased Kashiram Marwari trespassed upon the disputed property. The predecessors-in-interest of the plaintiffs brought Title Suit No. 40 of 1940 in the court of the Munsif, Sambalpur, for declaration of their title as mortgagees and for recovery of possession from Kashiram Marwari. The suit was decreed on 29-4-1941. The trial Court decree was confirmed in S. A. No. 13 of 1942 on 18-9-46. Defendants 3 and 4 were parties to that litigation. It was held in that suit that defendants 3 and 4 were the owners of the disputed property, Kashiram was a trespasser and the predecessors-in-inte-rest of the plaintiffs were the usufructuary...
In Re: Samantaraj Films (P.) Ltd.
Court: Orissa
Decided on: Dec-04-1973
Reported in: [1974]44CompCas477(Orissa)
Patra, J.1. This is an application under Section 17 of the Companies Act, 1956 (hereinafter referred to as 'the Act'.), by Samantaraj Films, Private Ltd. (hereinafter referred to as ' the company '), registered on the 28th January, 1969, under the Act as a company limited by shares, for confirming the alterations of its memorandum of association. The registered office of the company is situated at Rajabagicha, Cuttack. The share capital of the company is Rs. 10,00,000 (Rupees ten lakhs) divided into one thousand equity shares of Rs. 1,000 each of which 480 shares have been issued and fully paid up. The objects for which the company was formed are set out in clause 3 of the memorandum of association (annexure ' A'). Shortly after its incorporation, the company commenced business and has since been and is still carrying on business. It is stated that the company is in good financial position, its assets being Rs. 5,77,779 and liabilities at the time of making this application being only ...
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