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Orissa Court April 1984 Judgments

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Apr 06 1984

Gurei Bewa and ors. Vs. Pabitra Rout and ors.

Court: Orissa

Decided on: Apr-06-1984

Reported in: 1984(I)OLR463

Pathak, C.J.1. A brief narration of the facts leading to the present application is that the petitioners as plaintiffs filed O. S. No. 39/64-1 in the Court of the Munsif, Nayagarh, for sitting aside two sale deeds, one dated 14-9-62 in favour of defendant No. 1 and the other dated 21-1-63 in favour of defendant No. 2, both executed by defendant No. 3, the paternal uncle of the minor plaintiffs 2 and 3, petitioners 2 and 3 herein. Defendant No. 1 did not contest the suit. Defendant No. 2 appeared and contested. The suit was for the following reliefs.(i) For declaring the sale deeds void and not binding on the plaintiffs.(ii) For recovery of possession of the suit property, (iii) For costs of the suit,(iv) For any other relief td which the plaintiffs are entitled.The trial Court inter alia struck the following issues:'Issue No. 3-Is the sale deed in favour of defendant No. 2 legal valid, for consideration and legal necessity and binding against the plaintiffs?Issue No. 4-Is the said deed...


Apr 06 1984

Durga Charan Rout Vs. State of Orissa and ors.

Court: Orissa

Decided on: Apr-06-1984

Reported in: 1984(I)OLR396

D.P. Mohapatra, J.1. The petitioner has filed this writ petition praying to quash the order dated 26. 4. 1979 by the District Judge, Puri terminating his services with effect from 1, 6. 1979 (Annexure:3 to the writ petition) and to declare him to be continuing in service.The gist of the petitioner's case is that he was appointed as a temporary extra clerk in the office of the Sub-Registrar, Athagarh in July, 1969 and continued in the said post till August, 1969. When the employment was terminated due to want of copying the documents petitioner was issued a certificate to that effect. Thereafter, he applied to the Planning and Co-ordination Department on 24.8.1969 for re-employment and on the said application his name was recommended to the District Judge, Puri for appointment to a suitable post, The petitioner was then temporarily appointed as L.D.C., Clerk in the office of the District Judge, Puri by Order No. 188/1969 dated 18.11.1969 (Annexure-1 to the Writ Petition), It is the furt...


Apr 05 1984

Nidhi Jena Vs. Jaladhar Jena

Court: Orissa

Decided on: Apr-05-1984

Reported in: 57(1984)CLT568; 1984(I)OLR370

B.K. Behera, J.1. The appellant was the complainant and the respondent was the sole accused in a case Under Section 323 of the I. P. C. in 1 C. C. No. 212 of l980 which was first pending in the court of the learned Sub-Divisional Judicial Magistrate, Cuttack and was later transferred to the court of Mr. S. K. Das, Judicial Magistrate, Second Class, Cuttack. The first date for hearing of the case in the transferee court was September, 16, 1980. On that day following order was recorded :-'Accused is present} Complainant is absent on call. Neither the parties not the Advocates for the complainant take due steps. This is a case Under Section 323 I. P. C. which is triable under the summons procedure. From the absence of the complainant it seems he is probably not interested to proceed with the progress of the instant trial. Hence the accused is acquitted Under Section 256 of Cr P.C. in absence of the complainant.'2. This appeal has been directed against the order of acquittal and it has bee...


Apr 04 1984

The Institute of Chartered Accountants of India Vs. B. Mohanty

Court: Orissa

Decided on: Apr-04-1984

Reported in: AIR1985Ori46; [1986]59CompCas178(Orissa)

B.N. Misra, J.1. This reference arises out of the recommendation received from the Council of the Institute of Chartered Accountants of India under Section 21(5) of the Chartered Accountants Act, 1949 ( hereinafter referred to as 'the Act') read with CL (i) of Part II of the Second Sch. to the Act. On finding the respondent guilty of professional misconduct for contravening the provisions of Reg. 32B of the Chartered Accountants Regulations, 1964 (hereinafter referred to as the Regulations'), the Council has forwarded the case to this Court with its recommendation that the respondent be reprimanded.2. The respondent is a Chartered Accountant within the meaning of the term as defined in Section 2(1)(b) of the Act and is practising as a Chartered Accountant under the name and style of M/s. B. Mohanty & Co., Chartered Accountants, Cuttack. One Shri Ajaya Kumar Bardhan entered into articles with the respondent with effect from 11-9-1973. By his letter dt 20-6-1977 (Ext 4) Ajaya Kumar infor...


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