Orissa Court October 1982 Judgments
Gopal Meher and ors. Vs. Dala Bariha and ors.
Court: Orissa
Decided on: Oct-21-1982
Reported in: AIR1983Ori27; 54(1982)CLT613
B.N. Misra, J.1. The defendants have carried this appeal against the reversing judgment and decree of the learned Subordinate Judge, Bargarh. The plaintiffs filed the suit on 22-1-68 asking for declaration of title and confirmation of possession; alternatively for recovery of possession in the event of a finding that they were out of possession. They pleaded (hat their father Arakhita Bariha had title to the property and his name had been recorded in the Hamid Settlement. After him, the plaintiffs succeeded to the property and were in possession. Jayasingh, one of the brothers who had joint interest, did not join the plaintiffs and was, therefore, impleaded as a defendant. Following abolition of the estate where the disputed property was included, the intermediaries laid claim under Chapter II of the Orissa Estates Abolition Act (hereafter referred to as the Act) and the plaintiffs raised objection to such claim for settlement. In Estates Abolition Case No. 11/5-138 of 1962-63, the Col...
Tag this Judgment!Jadumani Biswal Vs. Narayan Chandra Biswal (Deceased by L.R.) and ors.
Court: Orissa
Decided on: Oct-21-1982
Reported in: AIR1983Ori114; 54(1982)CLT584
P.K. Mohanti, J. 1. These two appeals have been heard together and will be disposed of by this common judgment. 2. First Appeal No. 29 of 1970 and First Appeal No. 42 of 1970 have been preferred by defendant No. 1 and the plaintiff respectively against a preliminary decree for partition. 3. During the pendency of the appeals, the suit lands came under consolidation operation by virtue of a notification issued under Section 3(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act'). The suit lands cover both agricultural and non-agricultural lands. The learned counsel appearing on behalf of the appellant in First Appeal No. 29 of 1970 contended that notification under Section 3(1) of the Act having been issued in respect of the village where the suit lands are situate, the suit has to abate as a whole. The learned counsel appearing on behalf of the appellants in First Appeal No. 42 of 1970 on the other hand conte...
Tag this Judgment!State of Orissa and ors. Vs. B.C. Pasayat and anr.
Court: Orissa
Decided on: Oct-18-1982
Reported in: AIR1983Ori29
ORDERR.C. Patnaik, J.1. The petitioners in this revision contend that the learned Subordinate Judge has erred in law in appointing an arbitrator under Section 8(2) of the Arbitration Act when there was no dispute between the parties.2. The opposite party No. 1 entered into agreement No. 7 F-2 of 1968-69 for 'construction of Drainage Sluice at Dhanua out fall on Kusabhadra right embankment'. He filed an application under Section 8 (2) of the Arbitration Act alleging that in course of the execution of the work he was asked to do a lot of extra items. The amount due to him for the work executed had not been paid in spite of repeated reminders. He had issued series of registered letters to the department demanding payment; but the petitioners failed to take any action. He issued a notice as per the arbitration clause for the appointment of an arbitrator. As no appointment was made within the period of 15 days from the date of receipt of the notice, the court might appoint an arbitrator. He...
Tag this Judgment!M.S. Jaggi Vs. Registrar, High Court of Orissa and anr.
Court: Orissa
Decided on: Oct-18-1982
Reported in: 54(1982)CLT601; 1983CriLJ1527
B.K. Behera, J.1. The petitioner invokes the inherent jurisdiction of this Court under Section 482 of the Criminal P.C. (the Code, for shorty to quash the criminal proceeding (2 (c) C. C. No. 23 of 1982) instituted against him under Section 199 of the I.P.C. on a complaint made by the Registrar of this High Court.2. In Cri. Revn. No. 432 of 1979 of this Court in which Subash Chandra Mohapatra was the petitioner and the present petitioner was the opposite party, Mr. B. B. Mohanty, Advocate, had filed vakalatnama and appeared on behalf of the petitioner in that Criminal Revision. The present petitioner, who had been appearing in person, filed an affidavit in the court of Mr. Justice J. K-Mohanty, after the hearing was concluded, alleging relationship of the learned Judge with the petitioner in that revision. The learned Judge observed that the statement was not correct, and directed that the matter should be placed before the learned Chief Justice for appropriate action. Under the direct...
Tag this Judgment!General Manager, Orissa State Road Transport Corporation Vs. Maheswar ...
Court: Orissa
Decided on: Oct-12-1982
Reported in: AIR1983Ori128; 54(1982)CLT619
R.C. Patnaik, J.1. One Sarbeswar Rout, who was travelling in a public service vehicle O. R. D. 1685 owned by the Orissa State Road Transport Corporation, died in an accident that took place on 10-1-1977 around 3,30 P. M. on National Highway No. 42. The Tribunal awarded compensation of Rs. 21,000/-. Miscellaneous Appeal No. 104 of 1979 is by the owner impugning the decision on the ground that the damages awarded were excessive and Miscellaneous Appeal No. 108 of 1979 is by the claimants seeking enhancement of the damages. The claimants are the parents, grandmother and younger brothers of the deceased. 2. It was alleged that the vehicle proceeding on the National Highway No. 42 was being driven rashly and negligently on account of which it went off the road and rolling over twice came to a halt. In the process, the deceased who had been thrown out was crushed and expired at the spot. It was said that the deceased, a young man of 22 years of age, was a highly resourceful person and out of...
Tag this Judgment!Sarada Dei Vs. Khirod Kumar Sahu and ors., Etc.
Court: Orissa
Decided on: Oct-12-1982
Reported in: AIR1983Ori155
R.C. Patnaik, J.1. The two appeals and the revision arise out of interlocutory proceedings in Title Suit No. 328 of 1978 pending in the court of the Subordinate Judge, First Court, Cuttack. 2. The suit has been filed by Sarada Dei and her mother Kholia Dei, since deceased, for declaration of their title in respect of the property described in Schedules A to A/4, for invalidating the transfers effected by Krushna Chandra Behera, defendant No. 16 in favour of defendants Nos. 1 to 15, for confirmation of joint possession with defendants Nos. 16 to 24 or alternatively for recovery of possession and for permanent injunction restraining the alienees defendants 1 to 15 from interfering with the possession of the plaintiffs and defendants 16 to 20 etc. Defendants 25 to29 as pendente lite purchasers have subsequently been added as defendants.3. The burden of the story of the plaintiffs appears to be that the compromise effected in Title Suit No. 26 of 1972 of the Court of the Subordinate Judge,...
Tag this Judgment!Bhramar Pradhan Vs. Govinda Mahapatra and ors.
Court: Orissa
Decided on: Oct-06-1982
Reported in: AIR1983Ori36
P.K. Mohanti, J. 1. The second appeal is by the plaintiff against a reversing Decree. The suit was for declaration of title and for confirmation or, in the alternative, recovery of possession of the suit lands on adjudication that the sale deed executed by defendant No. 2 in favour of defendant No. 1 on 24-3-67 is not binding on the plaintiff and also for a permanent injunction restraining the defendant No. 1 from interfering with the plaintiff's possession. 2. The case pleaded on the plaint is that the plaintiff is the son of late Ghana Pradhan, the brother of defendant No. 2 Baban Pradhan, and that his father died when he was only two years old. His mother Hema Bewa courted a remarriage. At; the time of her remarriage, Hema Bewa had given some ornaments and a cash of Rs. 200/-to defendant No. 2 for the upkeep of the plaintiff. Defendant No. 2 purchased the suit lands by a sale deed dated 10-6-1959 (Ext. A) in the name of the plaintiff with the help of the ornaments and cash given by ...
Tag this Judgment!Gopinath Deb Vs. Budhia SwaIn and ors.
Court: Orissa
Decided on: Oct-06-1982
Reported in: AIR1983Ori31; 54(1982)CLT515
P.K. Mohanti, J.1. The petitioner is a deity enshrined at village Biswanathpur, P.S. Satyabadi in the district of Puri, It seeks issuance of a writ of certiorari quashing the order dated 2-2-78 (Annexure 1) and the order dated 2-6-78 (Annexure 2) passed by 'the Estate Abolition Collector (opposite party No. 14) and the Additional District Magistrate (Land Records), Puri (opposite party No. 15) respectively.2. On an application filed by the petitioner under Sections 6 and 7 of the Orissa Estates Abolition Act, opposite party No. 14 by his order dated 2-4-66 passed an order of settlement in favour of the petitioner in respect of the lands covered by khata Nos. 431 and 438 of village Biswanathpur. The rent schedule was accordingly issued and rent was realised from the date of settlement. No appeal was filed under Section 9 of the O.E.A. Act and the order became final. On 24-7-74 opposite party Nos. 1 to 12 who are residents of village Panibhandar. P. S. Satyabadi district Puri filed an ap...
Tag this Judgment!Sulabha Gouduni and ors. Vs. Abhimanyu Gouda and ors.
Court: Orissa
Decided on: Oct-06-1982
Reported in: AIR1983Ori71
R.C. Patnaik, J.1. The plaintiffs whose suit for partition has been dismissed by the courts below are the appellants.2. Khetra and Shyama were the two sons of one Ganga Gowda. Sulabha (plaintiff No. I) is the widow of Khetra and plaintiff No. 2 is the son of her only daughter. Defendant No. 1 is the son and defendant No. 2 is the widow of Shyama. Defendants Nos. 3 and 4 are the sons of defendant No. 1. According to the plaintiffs, though Khetra and Shyama had separated in mess and status, the land had not been partitioned and they were dividing the usufructs amicably in two equal shares. There was, however 3 division of the residential house, Khetra died about 30 years back, i.e., around 1941. After the death of Khetra and Shyama, the property stood jointly recorded in the name of plaintiff No. 1 and defendant No. 1. The plaintiffs alleged that after the death of Khetra, plaintiff No. 1 as his heir, was in enjoyment of the half share and she was in khas possession of the land and was p...
Tag this Judgment!State of Orissa Vs. Santosh Kumar and Co.
Court: Orissa
Decided on: Oct-06-1982
Reported in: [1983]54STC322(Orissa)
R.N. Misra, C.J.1. The Member, Additional Sales Tax Tribunal, Orissa, has stated this case under Section 24(1) of the Orissa Sales Tax Act, 1947 (hereafter referred to as the 'Act'), at the instance of the State and has referred the following two questions for opinion of the court:(1) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, is legally correct to consider M/s. Shree Shew Bhandar as not a fictitious dealer and whether it is legally correct to accept the declarations furnished by the said dealer to the present assessee amounting to Rs. 4,26,871.38 ?(2) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, is legally correct to direct the assessing officer to scrutinise the declarations filed by the assessee granted by M/s. Shree Shew Bhandar and allow such of them as are in order?2. The brief facts are these :The assessee is a registered dealer carrying on business as a wholesal...
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