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Orissa Court October 1999 Judgments

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Oct 06 1999

Jagadish Mohanty Vs. Kaliprasad Singh and ors.

Court: Orissa

Decided on: Oct-06-1999

Reported in: 89(2000)CLT99; 1999(II)OLR601

R.K. Dash, J.1. Defendant No. 1 in Title Suit No. 251 of 1997 on the file of the Civil Judge (Senior Division), Cuttack, is in appeal against the orders dated 16.8.1997 and 4.10.1997 passed in Misc. Case Nos. 277 of 1997 and 359 of 1997 respectively. In the former case on the prayer of the plaintiffs, defendants 1 and 2 were restrained from making any construction over suit 'A' and 'B' Schedule properties till final disposal of the suit. In the latter case the Court below rejected the prayer of defendant No. 1, to modify the aforesaid order of injunction. Aggrieved by the aforesaid two orders, defendant No. 1 has preferred these two Miscellaneous Appeals.2. Plaintiffs are sons, widow and daughters of Late Satyanarayan Singh. They have filed the aforesaid suit for partition of Schedule 'A' property and for permanent injunction restraining the defendants from changing the nature and character of Schedule 'B' property which is a common passage.3. Plaintiffs' case, in short, is thus : The ...


Oct 05 1999

Smt. Satyabhama Padhi Vs. Collector-cum-district Magistrate and ors.

Court: Orissa

Decided on: Oct-05-1999

Reported in: 1999(II)OLR616

R.K. Patra, Acting C.J.1. The petitioner is the Vice-Chairperson of Koraput Notified Area Council constituted under Section 8 of the Orissa Municipal Act, 1950. In this writ application she seeks to assail the validity of the notice dated 25.8.1999 at Annexure-2 issued by the Officer- on-Special Duty (L.R.), Koraput to the concerned Councillors requiring them to attend the meeting on 30.8.1999 in the Meeting1 Hall of the Notified Area Council, Koraput, for consideration of the no confidence motion against her (petitioner).2. Referring to Section 54 of the Orissa Municipal Act, 1950 (for short, 'the Act'), particularly Sub-section (2)(c) thereof, Shri Ray, learned counsel for the petitioner, contended that such notice can only be issued by the District Magistrate and not by the Officer-on-Special Duty (L.R.). In this connection, he placed reliance on judgment of Karnataka High Court in Basappa Ningappa Arab v. The Assistant Commissioner, Bagalkot Sub-Division (AIR 1976 Karnataka 224) an...


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