Orissa Court July 1976 Judgments
Bhagaban Devata and ors. Vs. Mahadev Devata
Court: Orissa
Decided on: Jul-29-1976
Reported in: AIR1977Ori51
S. Acharya, J.1. The unsuccessful objectors under Section 47, Civil Procedure Code in Execution Case No. 131/69 against the auction sale of certain properties are the appellants in these appeals. All the three appeals arise out of the common judgment passed on three petitions under Section 47, Civil Procedure Code filed by the appellants in the court below; all the three appeals were heard analogously, one set of argument was advanced by counsel appearing for both the parties; and so all the three appeals are hereby being disposed of by this one judgment.2. Auction sale in respect of certain properties' was held in the said execution proceeding on 27-6-1974. The appellants claim to be pendente lite purchasers of some of those properties. They did not prefer any petition under Order 21, Rule 90, Civil Procedure Code but filed petitions under Section 47, Civil Procedure Code challenging the validity of the auction sale mostly on the ground that the sale proclamation had not been made, an...
Tag this Judgment!Padmalochan Misra Vs. the State
Court: Orissa
Decided on: Jul-28-1976
Reported in: 42(1976)CLT1035; 1977CriLJ700
K.B. Panda, J.1. The appellant stands convicted under Section 161, Indian Penal Code and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to undergo rigorous imprisonment for a further period of one month by the Special Judge, Bhubaneswar on 16-9-1974.2. The admitted background of the case in brief is as follows : The appellant while working as the Bench clerk of the Judicial Magistrate, Khandapara on 26-11-1968 received as bribe of Rs. 120/-from P.W. 5 as a motive or reward to show favour to the defence in G, R. Case No. 58 of 1966 in which P.W. 5 of this case figured as an accused.3. The appellant abjured the charge. His explanation was that as per Court's orders, the defence in that case (G, R. Case No. 58 of 1966) was to deposit a sum of Rs. 120/- as witness batta for summoning the Medical Officer and the Investigating Officer who were scheduled to be examined on 6-12-1963. Be it stated here that by then the doctor and the I.O. had retired f...
Tag this Judgment!Mansaram Sharma Vs. Saraswati Devi
Court: Orissa
Decided on: Jul-26-1976
Reported in: AIR1977Ori55; 42(1976)CLT969
S. Acharya, J. 1. Notice for admission and hearing had been issued to the respondent. Mr. R. C. Patnaik appears for the respondent. The appeal is admitted. With the consent of the counsel appearing for both the parties the appeal is taken up for hearing and on hearing them at length this appeal is disposed of by the following order: 2. This appeal is against an order passed by the court below directing payment of interim maintenance to the respondent at the rate of Rs. 60/- per month from 10-5-1972 (i.e., the date of appearance of the respondent in the court below) till the disposal of the suit, and Rs. 100/-towards litigation expenses. 3. The plaintiff-appellant has instituted Title Suit No. 7 of 1972 against his wife, the respondent in this appeal, for judicial separation. In this suit the respondent filed a petition under Section 24 of the Hindu Marriage Act for directing the appellant to pay her ad interim maintenance and litigation expenses. The impugned order has been passed on t...
Tag this Judgment!Jemma Vs. Raghu
Court: Orissa
Decided on: Jul-21-1976
Reported in: AIR1977Ori12; 42(1976)CLT940
R.N. Misra, J.1. This is a Letters Patent appeal directed against the judgment of a learned Single Judge in second appeal at the instance of the plaintiff.2. On 14-5-1970, plaintiff filed the suit for declaration that the properties in dispute belonged to her, the order of the Estates Abolition Collector settling the lands with the defendant was void, for permanent injunction against the defendant from entering upon the disputed properties and for recovery of possession of a house on the allegation that the disputed properties constituted village carpenter's service inam and on the death of Jogi (plaintiff's husband) in 1921, his son Gadadhar had succeeded to the property. Gadadhar however, died in 1943 and thereafter plaintiff was in possession of the disputed properties. As the defendant started interfering with the plaintiff's possession and enjoyment, she was forced to come to court.3. Defendant is the son of Jogi's brother Bhima. According to his case, after Jogi died in 1921, Bhi...
Tag this Judgment!Durjyodhan Pradhan Vs. Bengabati Dei
Court: Orissa
Decided on: Jul-20-1976
Reported in: AIR1977Ori36; 42(1976)CLT974
S. Acharya, J.1. The defendant in a suit for maintenance has preferred with appeal.2. The plaintiffs case, in short, is that she is the legally married wife of the defendant; after her marriage in April, 1967, she stayed with the defendant for two years; thereafter the defendant ill-treated and assaulted her; and at last drove her away from his house in 1969and never allowed her to stay in his house In March, 1972, the defendant again married another woman named Sashi alias Jibani Dei, with whom the defendant is still staying as husband and wife in his house.3. The defendant's case is that he never married the plaintiff nor lived with her in his house for any time. According to him, after the death of his first wife Nayana alias Gouri Dei, his mother, on the persuasion of the plaintiff's mother and sister, insisted on him to marry the plaintiff, but as he did not agree to the said proposal and married Sashi Dei. His mother and sister were displeased and annoyed with him and so his moth...
Tag this Judgment!Dandapani Pala and ors. Vs. Madan Mohan Pala and ors.
Court: Orissa
Decided on: Jul-20-1976
Reported in: 42(1976)CLT886; 1976CriLJ2014
R.N. Misra, J.1. Members of the first party in a proceeding under Section 145 of the Code of Criminal Procedure are the petitioners and they challenge the order of the learned Sessions Judge of Gunjam passed on a revision application by members of the second party.2. On 12-6-1975, on the report made by the local police, the Executive Magistrate at Chatrapur drew up a proceeding under Section 145 of the Code of Criminal Procedure and made a preliminary order. Members of the first party moved the learned Magistrate that in spite of the initiation of the proceeding, members of the second party were threatening to forcibly cultivate the property. Being satisfied that there was grave emergency concerning the disputed properties, the learned Magistrate attached the properties under Section 146(1) of the Code and directed appointment of a receiver While doing so, he indicated:.Proceeding under Section 145 Criminal Procedure Code has already been started in this Court and it will continue. ......
Tag this Judgment!Ravad Raibari and anr. Vs. Patarala Gouri Mahalaxmi Rajmani
Court: Orissa
Decided on: Jul-19-1976
Reported in: AIR1977Ori58; 42(1976)CLT892
ORDERP.K. Mohanti, J. 1. This Civil Revision is directed against an appellate order of the learned District Judge of Berhampur confirming an order of temporary injunction. 2. The opposite party filed Title Suit No. 80 of 1973 for a permanent injunction against the defendants-petitioners restraining them from going upon the suit lands. She claimed to have taken the suit lands on annual lease from the Revenue Department and contended that she was threatened with dispossession by the defendants. The defendant's contention was that the suit lands were covered by the annual lease granted in their favour. 3. The plaintiff filed a petition for temporary injunction which was opposed by the defendants. The learned Munsif on a consideration at the pleadings along with the documents filed by the parties came to the finding that the plaintiff had a prima facie case and that the balance of convenience was in her favour. Accordingly, he granted the temporary injunction sought for. On appeal the lear...
Tag this Judgment!Bhubaneswar Patel Vs. Janak Patel and ors.
Court: Orissa
Decided on: Jul-19-1976
Reported in: AIR1976Ori216; 42(1976)CLT1018
ORDERP.K. Mohanti, J.1. This revisional application under Section 115 of the Code of Civil Procedure is directed against an order of the learned District Judge of Bolangir rejecting an application for amendment of the plaint.2. The petitioner and opposite party No. 4 filed Title Suit No. 79 of 1967 in the Court of the Subordinate Judge of Bolangir for declaration of title to the suitlands which were under attachment in a proceeding under Section 145, Criminal P. C. They claimed ownership of the suit lands having purchased the same from one Indra Patel by means of a registered sale deed dated 12-2-1964 vide Ext. 1. The defendants denied the plaintiff's title and contended that Indra Patel had adopted defendant No. 3 as a son, and had executed a registered deed of acknowledgement of adoption in his favour on 2-12-1958. Subsequently, by about 1963 the said Indra Patel and defendant No. 3 developed misunderstanding as a result of which Indra was frequently living away from defendant No. 3....
Tag this Judgment!Himansu Sekhar Nandy Vs. Magistrate and anr.
Court: Orissa
Decided on: Jul-16-1976
Reported in: 42(1976)CLT1262; 1977CriLJ312
S.K. Ray, A.C.J.1. This is an application by a detenu under the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the 'Act') for a direction to the District Magistrate, Balasore and the Secretary, Home Department, Government of Orissa, to provide him with specs at the cost of the State.2. The petitioner was detained under the Act pursuant to an order of detention passed by opposite party No. 1 under Section 3(1)(a)(ii) of the Act dated 4-2-1976 as the detention of the petitioner was necessary for dealing effectively with emergency. This declaration was duly confirmed by the State Government within the period prescribed by law. During the course of this detention the petitioner developed eye trouble and found it very difficult to read and write. The eye trouble became so serious that the Superintendent of Jail with the previous sanction of the District Magistrate removed the petitioner to the District Hospital for affording him special treatment there. After necessa...
Tag this Judgment!Smt. Pushparani Padhi Vs. Ramchandra Panda
Court: Orissa
Decided on: Jul-15-1976
Reported in: AIR1977Ori23
ORDERP.K. Mohanti, J. 1. This Civil Revision arises in the following circumstances:The opposite party had mortgaged 11.37 acres of land for Rs. 10,000 with the petitioner by executing a registered document on 20-5-69 and had delivered possession of the lands. The document is called a mortgage by conditional sale. The terms were that the mortgagee was to possess and enjoy the mortgaged lands for five years i.e. till 20-5-74 and thereafter whenever the mortgagor paid Rs. 10,000 within a period of seven years, the mortgage was to stand discharged and the mortgagee was to deliver possession of the land to the mortgagor free from all encumbrances and to return back the mortgage-deed. Otherwise the sale would be absolute. In May, 1975 the mortgagor-opposite party deposited the sum of Rs. 10,000 to the account of the petitioner-mortgagee and prayed for delivery of possession. Thereupon the Court issued a notice of the deposit to the petitioner as required under Section 83, Transfer of Propert...
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