Orissa Court November 1984 Judgments
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State of Orissa and anr. Vs. Nilgiri Engineering Co-operative Societie ...
Court: Orissa
Decided on: Nov-19-1984
Reported in: AIR1985Ori170
ORDERD.P. Mohapatra, J. 1. This revision petition is directed against the order of Subordinate Judge, Bhubaneswar, allowing the application filed by the opposite party No. 1 for removal of the arbitrator, opposite party No. 2.2. The opposite party No. 1 was entrusted with the work 'Widening the existing pavement of N. H. No. 5 from 203/0 to 109/0 kilometer' under Agreement No. 29F-2 of 1973-74. Disputes having arisen in course of the work, the said opposite party No. 1 moved the Chief Engineer, National High Way, petitioner No. 2, for appointment of an arbitrator as per the clause of the Agreement. Accordingly, the opposite party No. 2 was appointed as the sole arbitrator on 2-7-1976. The arbitrator entered upon the reference and proceeded with the matter to some extent. At a certain stage of the proceeding the opposite party No. 1 did not co-operate with the arbitrator resulting in a stalemate in the proceeding. This was followed by an application filed by the opposite party No. 1 Und...
Smt. Uma Devi and ors. Vs. Narayan Nayak and ors.
Court: Orissa
Decided on: Nov-15-1984
Reported in: AIR1985Ori96; 1985(I)OLR228
G.B. Patnaik, J. 1. Plaintiffs appeal against the judgment and decree of the Subordinate Judge, Aska, in a suit for declaration of the right of occupancy over the suit land measuring 35.10 acres and for permanent injunction against the defendants restraining them from entering upon or otherwise interfering with the suit lands or in the alternative for recovery of possession of the suit lands. 2. Plaintiffs case, in short, in that one Harihar Misra purchased one-fourth interest in the property belonging to Nayak family of village Tilasingi for a consideration of Rs. 1,500/- in the year 1949. The said Harihar again purchased half share of the self-same joint property in the year 1955 through registered sale deeds (Exts. 2, 3, 4 and 5) from co-sharers for a consideration of Rs. 32,000/-. It is alleged in the plaint that the consideration for the above transactions had been paid from time to time in between 1984 and 1955. The said Harihar instituted Title Suit No. 144 of 1957 in the Court ...
Raghunath Padhi Vs. Ratnakar Pati and ors.
Court: Orissa
Decided on: Nov-15-1984
Reported in: 58(1984)CLT606; 1984(II)OLR1093
K.P. Mohapatra, J.1. The appellant filed a complaint petition in the Court of the Judicial Magistrate, Bhadrak, against the respondents and alleged therein that his father had enclosed a piece of Bari land measuring Ac. 0.06 decimals in plot No. 219 appertaining to Khata No. 29 of mouja Agiria by a green fence and was in possession thereof by raising crops and vegetables since a long time, On 19. 11. 1978, the respondents out of previous enmity cut down and destroyed the green fence of the Bari land on the eastern side upto the length of 50 cubits and installed a new fence five cubits away from the original fence encroaching upon a large chunk out of the Bari land. They also committed theft of about 7 Kgs. of brinjals and two bunches of bananas from the encroached land. It was stated, that the respondents were trespassers having no manner of right on the encroached Bari land and so they committed offences under Sections 447 and 379 of the Indian Penal Code (referred to as 'I. P. C).2. ...
Bhanumati Toppo Vs. Shankar Prasad Pandey and anr.
Court: Orissa
Decided on: Nov-11-1984
Reported in: 1985(I)OLR224
D.P. Mohapatra, J.1. This petition under Section 115, Civil Procedure Code is filed by one Mst. Bhanumati Toppo challenging the order of the Munsif, Sambalpur in Execution Case No. 1 of 1975 rejecting her application for stay of further proceedings of the said case till her right, title and interest in the disputed property is determined. The property in question is the house bearing holding No. 774 in ward No. 8 in Jharsuguda town.2. Sankar Prasad Pandey (opposite party No. 1) initiated a proceeding under the Orissa House Rent Control Act, (H. R. C. Case No. 46 of 1972) for eviction of the tenant, Miss. P. Tigge (Opposite Party No. 2) from the suit house. The application did not succeed before the House Rent Controller, but in appeal (H. R. C. Appeal No. 2/74) the petition was accepted on 10.10.1974 and the tenant was directed to vacate the disputed premises and hand over vacant possession of the same to the landlord by the end of November, 1974. The tenant (Opposite Party No. 2) trie...
Bhubaneswar Das Vs. State of Orissa
Court: Orissa
Decided on: Nov-06-1984
Reported in: 1984(II)OLR1073
J.K. Mohanty, J.1. The petitioner was the Secretary of Bajusold Grama Panchayat. He was appointed as such in the year 1967 and he continued till 1970. In his capacity as the Secretary of the Grama Panchayat, he was entrusted with the funds of the Graroa Panchayat. He was also the custodian of the cash book and other registers. The petitioner was operating' the pass book (Savings Bank Pass Book No. 65198) of the Grama Panchayat from 5. 1. 1958. It is alleged that on 24. 2. 1969 he withdrew a sum of Rs. 4,000/-from the pass book, but did not enter the same in the cash book. It was only on 30. 6 1969 that the petitioner entered in the cash book the deposit of Rs. 3,600/- for payment of certain loan and on the said date he had shown to have withdrawn Rs. 4,000/- from the pass book. During inspection the Subdivisional Officer, Parlakhemundi detected the said irregularity. He also found that there was no challan in respect of the deposit of Rs. 3,530/- towards pisciulture loan. Subsequently ...
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