Orissa Court October 1977 Judgments
Maheswar Das and ors. Vs. Sakhi Dei
Court: Orissa
Decided on: Oct-31-1977
Reported in: AIR1978Ori84; 45(1978)CLT116
R.N. Misra, J.1. This appeal by the defendants in a suit for declaration of plaintiff's title in regard to the C schedule property and for further declaration that the sale deed dated 5-10-1966 (Ext. K) is void, illegal and not binding against the plaintiff, is carried against the reversing judgment and decree of the learned Additional District Judge of Cuttack.2. Plaintiff filed the suit on 18-11-1968 claiming that Sudarsan was the common ancestor of the plaintiff and defendants 3 to 6. The third defendant was the only son of Sudarsan and Subasi--the wife of defendant No. 7 was also the lone daughter of Sudarsan. Plaintiff is the only daughter through Jhumani, the first wife of defendant No. 3 while defendants 4 to 6 are the three sons of defendant No. 3 through his second wife Indira. The B schedule property belonged to one Kurup Behera, plaintiff's mother's father. Plaintiff's mother succeeded to the properties left by Kurup. Jhumani died around 1938, when the plaintiff was about fi...
Tag this Judgment!Smt. Archana Nayak and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-11-1977
Reported in: AIR1978Ori138; 45(1978)CLT204
R.N. Misra, J.1. This is an appeal by the claimants under Section 110-D of the Motor Vehicles Act against the award of compensation given by the 2nd Motor Accident Claims Tribunal asking for enhancement of the quantum of compensation,2. The deceased Surendra Kumar Nayak was a Class-II Officer of the Orissa Administrative Service and was stationed at Bhubaneswar in 1969. In the afternoon of 12-6-1969, the deceased was returning from Cuttack to Bhubaneswar in a Station Wagon Bearing number O.R.C. 3442 belonging to the State of Orissa, Along with the deceased, one Sri J. B, Singh working then as Joint Director of Industries and certain other persons were travelling !n the Station Wagon, Near about the junction on the National Highway No. V with a road leading to New Capital area of Bhubaneswar in the close proximity of Vani Vihar, the Station Wagon met with a head-on collision with a truck bearing registration number O.R.U. 1053 coming from Khandagiri side on the National Highway. As a re...
Tag this Judgment!Smt. Dhanmati Dei Vs. Keshaba Mahatanta and ors.
Court: Orissa
Decided on: Oct-06-1977
Reported in: AIR1978Ori52
N.S. Misra, J. 1. Plaintiff has appealed against the reversing judgment and decree of the learned District Judge of Mayurbhanj in a suit for title and ejectment of defendants.2. Plaintiff claimed that one Dukhu Mahant had three sons -- Chammu, Mangal and Eahuram. Mangal and Bahu-ram died issueless. Chammu's widow is the third defendant. Chammu had also two sons being Chhotua and Mithua. Mithua's daughter is the plaintiff, Chhotua's daughter Ankali left her village and has remained unheard of for more than a decade prior to suit. After the death of Chhotua and Mithua, their respective widows remarried. The third defendant re-married. Jainath, father of the 1st defendant, was born to her through the marriage. Dukhu had 5.49 acres of land as .ancestral property and Chhotua had added one acre of Nayabadi land. On the death of Dukhu, Chhotua and Mithua were enjoying the entire 6.49 acres of land and after them, plaintiff came to possess the said property. Defendant No. 1 taking advantage of...
Tag this Judgment!D.N. Joshi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-05-1977
Reported in: 44(1977)CLT635
S.K. Ray, J.1. The petitioner is a stage carriage operator on five different routes, indicated in the petition, partsof which are pucca roads and the rest are kutcha and canal embankment roads. By Annexure 1, which is a notification dated 8-8-75 issued in exercise of power conferred by Sub-section (1) of Section 43 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), the State Government fixed fares and freights (including the maximum end minimum an respect thereof) for stage carriages as required by the proviso to the said subsection. The pre-conditions for issuance of such a notification (Annexure 1) had been satisfied.2. Pursuant to the said notification (Annexure 1), opposite party No. 2 issued memo No. 3495 RTA dated 20-8-75 to the petitioner to produce his stage carriage permits for endorsements thereon regarding the revised rates oi feres and freights. This menso is Annexure 2.3. The petitioner thereupon submitted a representation against the revised rates of fa...
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