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Orissa Court February 1973 Judgments

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Feb 06 1973

Chaitram Vs. Superintendent of Excise and ors.

Court: Orissa

Decided on: Feb-06-1973

Reported in: AIR1974Ori31; 39(1973)CLT271

ORDER1. The petitioner was granted exclusive privilege in respect of four outstill liquor shops at Jatni, Naharpara, Daspalla and Chandka all located in thedistrict of Puri under Section 22 of the Bihar and Orissa Excise Act for the year 1972-73 on a monthly consideration of Rs. 50,500/- by the State Government. Licenses were issued as required under Section 22 (2) of the Act to the petitioner. The petitioner had, as required under the rules, deposited a sum of Rs. 1,01,0007-being the sum equal to two month's consideration money and had undertaken to pay every month's consideration money on the first day of the subsequent month. He filed O. J. C. No. 633 of 1972 in this court challenging the vires of some of the provisions of the Act and the Rules made thereunder, and applied for interim orders. On 24-8-72, this Bench gave the following directions:-- 'Issue notice of admission and hearing. There shall be stay of realisation of the amount on the following conditions:-- The petitioner s...


Feb 06 1973

Balaram Tripathy and anr. Vs. Lokanath Tripathy

Court: Orissa

Decided on: Feb-06-1973

Reported in: AIR1973Ori112

S.K. Ray, J. 1. This second appealIs by the plaintiffs from the confirmingdecision dated 10-4-1969 of Sri L. Mallik,Additional District Judge. Dhenkanalpassed in T. A. No. 18/128 of 1967/1965.2. The plaintiffs sued for declaration of their title to a passage forming part of plot No. 976 (Schedule A), for recovery of possession of the same and for injunction restraining the defendant from interfering with the plaintiffs user of the said passage. The plaintiff also prayed for recovery of damages on account of damage caused to the ridge on plot No. 2789 (Schedule C) and for declaration of title to 0.01 decimal of land on plot No. 996 (Schedule B).3. The plaintiffs and defendant are members of one family as would appear from the following genealogy:-- RATNAKAR | ------------------------------------------ | | | Harihara Dharani Suna | (Died in 1943) | ----------------- | Lokanath | | Joginath=Hara Dibya (Deft.) Balaram Biswanath (remarried in 1950) (Plff.1) (Plff.2)4. The plaintiffs case m...


Feb 05 1973

Registrar of the Orissa High Court Vs. Baradakanta Misra and anr.

Court: Orissa

Decided on: Feb-05-1973

Reported in: AIR1973Ori244; 1976CriLJ405

G.K. Misra, C.J. 1. By order of the Full Court to initiate a proceeding for contempt, the Registrar of the High Court issued the contempt notice dated 3-7-1972 (here-inafter to be referred to as the Notice) to Shri Baradakanta Misra, the alleged contem-ner (hereinafter to be referred to as the contemner) calling upon him to appear in person and to show cause on 3-8-1972 as to why be shall not be punished or any other appropriate order not be passed against him for contempt of the High Court. On 26-7-1972 the contemner filed a petition by way of preliminary reply. On 7-8-1972 be filed his show-cause application. The contemrer filed Criminal Appeal No. 174/72 before the Supreme Court to quash the notice. Therein he made the State of Orissa a party through its Chief Secretary. The Legal Re-membrancer-cum-the ex-officio Additional Secretary, Law Department, filed an affidavit (Annexure-1) before the Supreme Court on behalf of the State giving detailed history with reference to the averment...


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