Orissa Court October 1948 Judgments
Padmalabha Panda Vs. Appalanarasamma and ors.
Court: Orissa
Decided on: Oct-29-1948
Reported in: AIR1952Ori143
Ray, C.J.1. The question, involved in this appeal, is whether a plaintiff can avail himself of the benefits of the doctrine of part performance of a contract for sale as against an invasion on his rights by an attaching creditor of the transferor (promisor.) He had objected to the attachment by advancing a claim in Order XXI, Rule 58, Civil Procedure Code. The claim having been rejected he brought the suit, out of which this Second Appeal arises.2. The appeal was heard 'ex parte', and the learned Counsel, appearing on behalf of the appellant No. 1 obtained a decree for costs against them invite our attention to such authorities as could be cited by the respondent had he been represented before us.3. The facts, in short, are that the disputed properties belonged to defendants 2 to 12. Defendant No. 1 obtained a decree for costs against them. After decree, passed on 2-9-1936, the aforesaid defendants separated amongst themselves and the disputed properties fell to the share of defendant ...
Tag this Judgment!P. Venkata Rao Vs. King
Court: Orissa
Decided on: Oct-27-1948
Reported in: AIR1951Ori281
Ray, C.J.1. The petnr. P. Venkata Rao, has been convicted Under Section 161, I. P. C. and sentenced to rigorous imprisonment for three months & to a fine of Rs. 500 & in default to undergo further rigorous imprisonment for three months.2. The complainant, Radhamohan Subudhi (p. w. 8), is a small trader in Dry Fish. He has certain other co sharers & co-partners in the buainess besides his neighbours & villagers, who also trade in the self-same commodities. It is said that on 19-11-1946, he & one Brabmaohari approached the petnr. (who was then the Station Master of Kalupara Railway Station) to settle with him as to what would be the rate per bag of Dried Pish to be paid to him, as inducement or reward, for indenting a waggon for transporting the Dried Fish from Kalupara Rly. Station to various other stations. Their case was that priviously the Station Master had been receiving Rs. 3 per bag but, of late, was making a higher demand. The prosecution story goes on to say that after some hig...
Tag this Judgment!Gurubaru Praja and anr. Vs. the King
Court: Orissa
Decided on: Oct-20-1948
Reported in: 1950CriLJ72
Ray, C.J.1. The appellants have been convicted of murder and sentenced to transportation for life. The deceased Godra Jani is to oar tain extent a relation of the appellants having married their mother, the first informant, after she was divorced by their father, Dalima Praja, who, it is said, is still alive. It is Bug. gested by the prosecution that the appellants felt aggrieved that the deceased Godra Jani had kept their mother as a wife. Besides there were oertain other reasons, suoh as, Godra Jani having practised witchcraft and having thereby killed one of the brothers of the appellants which caused oertain animosity against him. On the date of occurrence (8th July 1946), the appellants, Godra Jani, P.Ws. 2, 3, 4, 5, 10, 11, 12 and several other persons about 10 to 20 in number had gone to cremate the dead body of one Biting Kondhuni, appellants' father's elder sister The cremation was over some time in the morning. As customary, the entire party proceeded to a liquor shop for hav...
Tag this Judgment!The King Vs. Tustipada Mandal and ors.
Court: Orissa
Decided on: Oct-16-1948
Reported in: AIR1951Ori284
Ray, C.J.1. This appeal is directed against an order of acquittal recorded by Rai BahadurCharu Chandra Coari, Ses. J. Cuttack, in Cri. App. No. 70-C of 1947, reversing the order of conviction passed by the Sub-Divisional Mag. Jaipur, in the case of Emperor v. Tustipada Mandal & 5 others, under Schedule 0, Orissa Essential Articles Control & Requisitioning (Temporary Powers) Act (I [l] of 1947).2. The reaps, six in number, belong to the dist. of Burdwan in the Province of Bengal. They were prosecuted for attempting to transport 21 bullocks from the Province of Orissa in contravention of cl. 3, Orisaa Livestock (Control of Movement & Transactions) Order 1917, made & promulgated in exercise of the powers conferred by Schedule , Orissa Essential Articles Control & Requisitioning (Temporary Powers) Act 1947, in supersession of all existing orders on the subject, by the Govt. of Orissa. On 2-6-1947, the resps. were found passing through Dharmasala (in the dist. of Cuttaek) en-route Bhadrak w...
Tag this Judgment!Saradhakar Naik and ors. Vs. the King
Court: Orissa
Decided on: Oct-01-1948
Reported in: AIR1950Ori89
Ray, C.J.1. The subject-matter of this order is a petition by the petitioners in Cr. Misc. Cases NOS. 2, 3, 4 and 5 of 1948, for a certificate under Sub-section (i) of Section 205, Government of India Act, 1935, as adapted.2. The question is not free from difficulty. It is due to an anomalous position arising out of the fact that the cases arise out of certain criminal proceedings, started against the petitioners, under laws extended to the areas of Bamra and Kalahandi States,--not being parts of the Province of Orissa--by the Government of Orissa, in exercise of a jurisdiction delegated to them by the Government of Indian Dominion under Extra Provincial Jurisdiction Act. The questions that call for solution are :'(a) Whether the Federal Court of India has jurisdiction in the areas in which the oases arose ; and (b) Whether the order of this Court, in relation to the States area, is subject to the appellate jurisdiction of the Federal Court.' 3. The Federal Court has been re-establish...
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