Orissa Court May 1983 Judgments
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Susil Kumar Adhya and ors. Vs. Rangalal Patwari
Court: Orissa
Decided on: May-13-1983
Reported in: AIR1983Ori256
ORDERB.N. Misra, J.1. This revision is directed against the order dated 5-2-79 passed by the learned Munsif, Puri in Misc. Case No. 121 of 1977, a proceeding under Section 47 C. P. C., allowing the said Misc. Case and dismissing the, concerned Execution Case No. 25 of 1976 of the same Court. The present petitioners are the legal heirs of the late Gopinath Adhya who was the decree-holder in Execution Case No. 25 of 1976 and the present opposite party was the judgement-debtor. The late Gopinath Adhya had obtained a decree for eviction of the opposite party in H. R. C. Case No. 29 of 1975 and the said decree was confirmed in H. R. C. Appeal No. 19 of 1976. The late Gopinath Adhya filed Execution Case No. 25 of 1976 on 12-3-76. During the pendency of the Execution case, the opposite party filed a petition on 21-2-77 under Section 47 C. P. C. which was registered as Misc. Case No. 121 of 1977. 2. The opposite party's case is that after the disposal of H. R. C. Appeal No. 19 of 1976 at the i...
Prafulla Mohanty Vs. Ashok Kumar Das
Court: Orissa
Decided on: May-13-1983
Reported in: 56(1983)CLT105; 1984(I)OLR15
B.N. Mishra, J.1. This patition has been filed under Section 482 of the Code of Criminal Procedure to quash the proceedings initiated against the petitioner in I. C. C. No. 54 of 1983 in the court of the learned Chief Judicial Magistrate, Cuttack. On a complaint petition filed by the opposite party against the petitioner the learned Chief Judicial Magistrate by order dated 28-2-1983 took cognizance under section 420 I. P. C. and summons have been issued against the petitioner. It is this order of the learned Magistrate which is under challenge in this case.2. The case of the opposite party (complainant) is that the petitioner was an old college friend of his. The opposite party had written a number of traditional folktales in English language and the petitioner had suggested to the opposite party that he had contact with reputed publishers in English with whom he could make arrangements for publication of the folk-tales which would fatch good money to the opposite party towards royalty...
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