Court : Orissa
Decided on : Jul-21-1976
Reported in : AIR1977Ori12; 42(1976)CLT940
R.N. Misra, J.1. This is a Letters Patent appeal directed against the judgment of a learned Single Judge in second appeal at the instance of the plaintiff.2. On 14-5-1970, plaintiff filed the suit for declaration that the properties in dispute belonged to her, the order of the Estates Abolition Collector settling the lands with the defendant was void, for permanent injunction against the defendant from entering upon the disputed properties and for recovery of possession of a house on the allegation that the disputed properties constituted village carpenter's service inam and on the death of Jogi (plaintiff's husband) in 1921, his son Gadadhar had succeeded to the property. Gadadhar however, died in 1943 and thereafter plaintiff was in possession of the disputed properties. As the defendant started interfering with the plaintiff's possession and enjoyment, she was forced to come to court.3. Defendant is the son of Jogi's brother Bhima. According to his case, after Jogi died in 1921, Bhi...
Tag this Judgment!Court : Orissa
Decided on : Nov-08-1976
Reported in : AIR1977Ori100; 44(1977)CLT354
R.N. Misra, J.1. As a part of the drought relief programme sometime before 1960, the Sub-Divisional Officer (Civil), Bhadrak, started several small improvement works within his jurisdiction and one Kapila Charan Rout was entrusted with some of these works. Plain paper agreements had been entered into between the public officer representing the State and the contractor and moneys had been advanced for such purpose. Early in 1960, at the instance of the said public officer, certificate proceedings under the Bihar and Orissa Public Demands Recovery Act, 4 of 1974, were initiated and seven cases came to be registered on 1st March, 19.60. In the year 1963, two more cases were instituted while in February, 1970, the last of the lot under consideration was registered. A chart showing the specifications of the cases is appended below for convenience.The certificate-debtor filed objections in most of the cases but said objections were overruled and execution of the certificates was ordered. On ...
Tag this Judgment!Court : Orissa
Decided on : Aug-13-1976
Reported in : AIR1977Ori68; 42(1976)CLT1057
ORDERP.K. Mohanti, J.1. This is a revisional application filed under Section 115, Civil P. C. against an order of the Munsif, Second Court, Cuttack refusing to amend the khata No. of the suit land in the schedule of property appended to the decree.2. The following few facts need mention:The plaintiff-petitioner filed Title Suit No. 200 of 1970 for declaration of title and for other consequential reliefs. In the original plaint the suit land was wrongly described as appertaining to Khata No. 249. When the mistake was detected, an application was filed for correction of the Khata number as 949 by way of amendment of the plaint. No objection having been raised by the defendant-opposite partita the prayer for amendment was allowed on 14-12-1970 and the plaintiff was directed to file an amended copy of the plaint by 23-12-1970. No amended copy of the plaint was filed by the plaintiff but an endorsement 'see amendment petition' was made in red ink on the last page of the plaint. Although no ...
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1976
Reported in : AIR1977Ori51
S. Acharya, J.1. The unsuccessful objectors under Section 47, Civil Procedure Code in Execution Case No. 131/69 against the auction sale of certain properties are the appellants in these appeals. All the three appeals arise out of the common judgment passed on three petitions under Section 47, Civil Procedure Code filed by the appellants in the court below; all the three appeals were heard analogously, one set of argument was advanced by counsel appearing for both the parties; and so all the three appeals are hereby being disposed of by this one judgment.2. Auction sale in respect of certain properties' was held in the said execution proceeding on 27-6-1974. The appellants claim to be pendente lite purchasers of some of those properties. They did not prefer any petition under Order 21, Rule 90, Civil Procedure Code but filed petitions under Section 47, Civil Procedure Code challenging the validity of the auction sale mostly on the ground that the sale proclamation had not been made, an...
Tag this Judgment!Court : Orissa
Decided on : Nov-01-1976
Reported in : AIR1977Ori107
R.N. Misra, J. 1. Petitioner applied to the Principal Lingaraj Law College located at Berhampur, for admission to the Pre-Law class of the Bachelor of Law Degree Course for the 1976-77 session. Petitioner possessed the requisite qualification and was selected for admission. On payment of Rs. 105/- he was duly admitted to the Pre-Law class on 26-7-1976 and started attending to the lectures regularly thereafter. He received a communication from the Principal on 23-8-1976 running to the following effect:--'On further consideration, admission allowed to you into Preliminary Law class, vide Receipt No. 27580 dated 26-7-1976 is cancelled.........'The fees collected from the petitioner were refunded by a cheque and the documents submitted by the petitioner at the time of admission were returned (vide Annexure 2). Petitioner challenges this Act of the Principal as grossly violative of the rules of natural justice and denying the petitioner the right to study in a college maintained at the expe...
Tag this Judgment!Court : Orissa
Decided on : Aug-04-1976
Reported in : AIR1977Ori1; 42(1976)CLT1097
R.N. Misra, J.1. Jajangi Hat is a municipal market located within the Talcher Municipal area in the district of Dhenkanal. The Executive Officer of the said Municipality settled the said market on licence basis with the petitioner for the years 1965-66 and 1967-68. Petitioner having failed to pay up the dues, the Certificate Officer of Talcher instituted certificate case No. 29 of 1969-70 for the recovery of the outstanding sum. Petitioner challenged the tenability of the certificate proceeding on several grounds, but the Certificate Officer overruled the same. Petitioner carried an appeal to the Collector of Dhenkanal and being unsuccessful moved the Revenue Divisional Commissioner at Sambalpur in revision and having failed before that authority moved the Member, Board of Revenue, in a further revision who also dismissed his revision petition. This writ application has thereafter been filed asking for a writ of certiorari for quashing of the certificate proceeding.2. Though several co...
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