Orissa Court January 1975 Judgments
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Prasant Kumar Pasayat Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-10-1975
Reported in: 1975CriLJ1188
K.B. Panda, J.1. This is an application for a writ of habeas corpus challenging petitioner's order of detention dated 4th of August, 1974, passed by the District Magistrate of Cuttack (Opposite Party No. 2) in exercise of powers vested under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971 read with Section 3 (2) (a) and (5) (sic) (3 ?) thereof. Petitioner was taken into custody the same days.2. The detenu was furnished the following grounds in support of the order of detention:You have been licensed to act as a wholesaler for dealing with (in) fertilisers by the competent authority as per the provisions contained in the Fertilisers (Control) Order, 1957, and in that capacity you are found to have been acting in a manner prejudicial to the maintenance of supplies essential to the community in the following manner:You have pledged Ammonium Sulphate fertiliser to the Canara Bank. As pen the record maintained in Canara Bank, it is seen that there should be 70 bags...
Lalsaheb NabIn Chandra Bhani Deo and anr. Vs. the State of Orissa
Court: Orissa
Decided on: Jan-06-1975
Reported in: AIR1975Ori126
S.K. Ray, J.1. Both these appeals arise out of the decision of the Sub-Judge, Baripada dated 27-1-1968 passed in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the 'Act').2. The appellants in First Appeal No. 65 of 1968 are the respondents in the connected First Appeal No. 82 of 1968 and were owners of the lands comprising of 77 decimals out of plot No. 1731A and plot No, 1732A in khata No. 2/621 situated in Ward No. II of Baripada Municipality, Preliminary notification under Section 4(1) of the Act was published in the Orissa Gazette on 25-8-1966 declaring that the aforesaid lands were needed for the public purpose of construction of Head Post Office building at Baripada. Possession of the lands was taken on 1-11-1965 and thereafter the Land Acquisition Officer made the award on 16-3-1967 granting a sum of Rs. 41,830.35 towards compensation of the land at the rate of Rs. 54,335 per acre. At the instance of the claimants the Land Acquisition Office...
Rangalal Rameshwar Lal and ors. Vs. Utkal Rastrabhasa Prachar Co-opera ...
Court: Orissa
Decided on: Jan-06-1975
Reported in: AIR1975Ori137
S.K. Ray, J. 1. This appeal is by the plaintiff whose suit has been decreed in part. 2. Plaintiff No. 1 is a registered partnership firm and plaintiffs 2 to 5 are its partners. Defendant No. 1 who is respondent No. 1 in this appeal is a co-operative society having a press of its own. It undertakes publishing work for which it used to purchase paper on credit from the plaintiff firm. Defendant No. 3 is the President, defendant No. 4 is the Secretary and defendant No. 5 is the Manager of the Society (defendant No. 1). Defendant No. 1 is said to have agreed to pay the price of the paper received from the plaintiff within a month of its purchase failing which it was liable to pay interest at the rate of 6 per cent. per annum on the said amount. According to the aforesaid contract and understanding with the plaintiff the defendant No. 1 purchased paper on credit from the former between 29-11-63 and 10-8-64 the price of which amounted to Rs. 20,851.10 P. While purchasing, defendant No. 1 agr...
Suresh Chandra Bal and ors. Vs. Niranjan Bal
Court: Orissa
Decided on: Jan-06-1975
Reported in: AIR1975Ori161
S.K. Ray, J. 1. The respondent filed an application under Sections 266 and 276 of the Indian Succession Act, 1925 for grant of probate of the registered will dated 2-8-1968 of one Kinu Bal who died on 17-11-1968. This was registered as O. S. No. 1 of 1971 in the court of the District Judge, Cuttack. By decision dated 11-5-1972 the District Judge directed issuance of letters of administration with a copy of the will annexed in favour of the applicant Niranjan Bal on his furnishing security to the extent of Rs. 15,000/-. The appellants who had appeared in response to citations issued by the District Judge claiming an interest in the estate of the deceased being aggrieved with the aforesaid decision have filed the present appeal. 2. The appellant No. 1 lodged caveat against the grant of probate of the will with the District Judge. In his written statement the appellant No. 1 challenged the genuineness of the will and the testamental capacity of the testator on various grounds set out in p...
Sailabala Baxi Vs. Johanas Bissoi and ors.
Court: Orissa
Decided on: Jan-06-1975
Reported in: AIR1975Ori216
R.N. Misra, J. 1. Defendant No. 1 is in second appeal against the affirming decision of the learned District Judge, Koraput in a suit for title, recovery of possession or alternatively for recovery of the consideration money paid for the sale. 2. Defendant No. 1, plaintiff alleged, sold the land covered by plots numbers 267, 238, 239 and 482 appertaining to khata No. 137 of village. Kenduguda to plaintiff under a registered sale deed dated 31-12-1962 (Ext. 1) for a consideration of Rs. 1,000/-. During the recent settlement operations, plaintiff claimed patta on the strength of his title and possession. Defendants 2 to 6 contested plaintiffs claim on the allegation that they were in possession before plaintiff got into possession and their surrender to defendant No. 1's father-in-law for arrears of revenue was invalid and contrary to the provisions of Orissa Regulation 2 of 1956. The final record-of-rights was published in the names of defendants 2 to 6. After receiving the record of ri...
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