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Orissa Court December 1978 Judgments

Dec 05 1978

Rabindranath Barik Vs. Smt. Pramila Bala Barik

Court: Orissa

Decided on: Dec-05-1978

Reported in: AIR1979Ori85; 47(1979)CLT182

R.N. Misra, J.1. It is a husband's appeal under Article 4 of the Orissa High Court Order read with Clause 10 of theLetters Patent and is directed against the reversing judgment of our learned brother Acharya, J.2. In March, 1967, the appellant married the respondent. They lived together till July, 1969, when the wife went away to her father's house and did not return. On 17th March, 1970, the husband applied for restitution of conjugal rights to the learned Subordinate Judge at Balasore. The wife resisted the claim by contending that her mother-in-law was an ill-tempered lady and she veryoften used to hurl abuses at the defendant in very filthy and objectionable language on some pretext or other as also on the ground that the defendant's parents had failed to pay the dowry as promised. The husband who was working as a teacher at a place away from home was occasionally coming home and the mother-in-law was poisoning his ears against the defendant. She pleaded that on account of such con...

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Dec 04 1978

Bhubaneswari Bewa and ors. Vs. State of Orissa and anr.

Court: Orissa

Decided on: Dec-04-1978

Reported in: AIR1979Ori171; 47(1979)CLT322

ORDERP.K. Mohanti, J. 1. This civil revision is directed against an order of the learned District Judge of Mayurbhanj-Keonjhar allowing the prayer of the appellants in Title Appeal No. 5-M of 1975 for substitution in place of the deceased respondent and for setting aside abatement.2. The deceased Brundaban Behera as plaintiff filed Title Suit No. 73 of 1972 in the court of the Subordinate Judge, Bari-pada against the opposite parties for declaration of occupancy right over the land described in Schedule 'A' of the plaint and for confirmation of possession over the same.3. The State of Orissa represented by the Collector, Mayurbhanj was the defendant No. 1 and the Sarpanch of Pedagadi Grama Panchayat was the defendant No. 2 in the suit. They filed written statement contending, inter alia, that the suit land being communal in character, no occupancy right could be acquired over the same and that after abolition of the estate, the suit land vested in the State Government and was transferr...

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Dec 04 1978

Jagannath Dash Vs. State Bank of India and ors.

Court: Orissa

Decided on: Dec-04-1978

Reported in: (1979)IILLJ131Ori

R.N. Misra, J.1. Petitioner is an officer employed by the State Bank of India. During 1970 and 1971, he was posted as the Manager of the Baripada Branch of the Bank. On 5th Oct. 1970, petitioner entered into an agreement for purchase of an Ambassador car bearing registration number WBJ 2130 from one Bhagawandas Agarwalla for a consideration of Rupees 14,500 stipulating to obtain delivery of possession on payment of Rs. 4,000 and agreeing to pay the balance of Rupees 10,500 in two instalments--one of Rs. 2,000 within a month hence and the remainder of Rs. 8,500 after obtaining the transfer of ownership from the registering authority. In the agreement, the copy whereof is Annexure-4(i) to this writ application, it was mentioned that the vehicle stood in the name of Shri Banker Prasad Singh as the registered owner. On 16.9.1970, petitioner applied to the Regional Manager of the Bank for sanction of a loan and made a second application on 28.9.1970 to the same effect indicating therein tha...

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