Orissa Court June 1982 Judgments
BenjamIn Mohanty Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jun-24-1982
Reported in: AIR1982Ori236; 54(1982)CLT111
R.N. Misra, C.J.1. This application under Article 226 of the Constitution seeks to challenge the order of the Competent Authority in a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) (hereinafter referred to as the 'Act') and the appellate decision rendered by the Member, Board of Revenue against the order of the Competent Authority.2. The short facts relevant for the matter are these:--The petitioner owns a vacant land within the Cuttack municipal area. Cut-tack has been notified as an urban agglomeration within category 'D' as would appear from the Schedule appended to the Act. Under Section 4(1)(d) of the Act, the ceiling limit is 2000 square metres.The petitioner filed a voluntary statement under Section 6 of the Act before the Competent Authority and Case No. 8 of 1978 was registered by the Competent Authority on the basis of such statement. Though the petitioner had filed a statement, at the time of hearing he took the stand that he was not...
Tag this Judgment!Abhimanyu Jee Vs. Dr. Gayaprasad and ors.
Court: Orissa
Decided on: Jun-21-1982
Reported in: AIR1982Ori207; 54(1982)CLT67
R.C. Patnaik, J.1. The plaintiff's suit for permanent injunction having been dismissed and the decree passed by the trial court in his favour having been reversed by the lower appellate court, this second appeal has been filed.2. The appellant (hereinafter described as the plaintiff) asserted that the disputed house located in Nimchouri, Cut-tack belonged to one Durga Prasad Bha-gat, the father of respondents 1 and 2 (hereinafter described as defendants 1 and 2), Durga Prasad had let out one room from the western side to the plaintiff on a monthly rental of Rs. 8/-. After the death of Durga Prasad, defendants 1 and 2 acknowledged the plaintiff as tenant and received rent from him. Bhikari Charan Behera, defendant No. 3, took on rent from Durga Prasad the room on the eastern side and at his own cost constructed a shed. Defendants I and 2 instituted H. R. C. Case No. 78 of 1969 against Bhikari Charan Behera for his eviction. The proceeding was in respect of the entire house (the rooms bo...
Tag this Judgment!Bijayaketan Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Jun-07-1982
Reported in: 54(1982)CLT229; 1982CriLJ1954
R.N. Misra, C.J.1. This application under Section 439 of the Criminal P.C. of 1973 (hereinafter referred to as the 'Code') is for enlargement of the petitioner on bail.2. On the basis of a F.I.R. lodged on 6-6-1981, by a police constable alleging that one Kunia alias Pradeep Kumar Mohanty had been murdered, a case was registered under Section 302, Indian Penal Code and investigation was undertaken by the Capital Police Station, Bhubaneswar. Four persons appeared to have been implicated in the occurrence, namely Babu alias Bijaya-ketan Mohanty, Jitu alias Binod Behari Mhohapatra, Babu alias Jayanta Kumar Rath and Bulu alias Suresh Mohapatra, Suresh remained untraced but the other three accused persons were apprehended. Bijayaketan, the present petitioner, made an application to the Sub-Divisional Judicial Magistrate of Bhubaneswar for being enlarged on bail and his application was rejected on 25-6-1981. On 23-9-1981, bail on his behalf was again moved on the ground that the petitioner h...
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