Orissa Court September 1949 Judgments
Brajakishor Pattanik and ors. Vs. Indian Union
Court: Orissa
Decided on: Sep-14-1949
Reported in: AIR1950Ori146
Jagannadha Das, J.1. Cri Misc. No. 107 of 1949: The petitioner in this case has applied to this Court under Section 491, Criminal P. C., questioning the validity of an order of detention dated 20th April 1949, passed against him, by the Government of Orissa, under Section 2, Orisaa Maintenance of Public Order Act, The petition is dated 4th June 1949, and has been forwarded to this Court through the Superintendent of Cuttack Jail where he was under detention. It bas been stated to us by the Advocate-General on behalf of the Government that this petitioner has since absconded and has gone underground. When this petition came up for hearing before us on 17th and 18th of August, we intimated to the counsel appearing for the petitioner that we would not be prepared to consider the application unless the petitioner presented himself in Court and made himself available receiving the orders of the Court. The petition was adjourned for consideration to 22nd; but the petitioner has not turned up...
Tag this Judgment!Sri Gadadhar Ramanuj Das and ors. Vs. the Province of Orissa and anr.
Court: Orissa
Decided on: Sep-13-1949
Reported in: AIR1950Ori47
Narasimham, J.1. This is an appeal by the plaintiffs from the judgment of the District Judge of Cuttack dismissing their suit for a declaration that the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act, IV of 1939) was ultra vires of the Orissa Legislature and for other consequential reliefs. The appellant plaintiffs are all Mahants of various Maths situated in the Province of Oriasa and the suit was brought by them in a representative capacity under Order X, Rule 8, Civil P. C. No evidence was led by either side and the sole question in dispute is a question of law regarding the competence of the Orissa Legislature to enact the Orissa Hindu Religious Endowments Act, 1939, hereinafter referred to as the impugned Act.2. The impugned Act was passed by the Orissa Legislative Assembly and received the assent of the Governor. General on 31st August 1933. The Assembly passed the said Act in exercise of the legislative powers conferred on them by Sections 99(1) and 100(3), Government o...
Tag this Judgment!King-emperor Vs. Lachhu Kamara
Court: Orissa
Decided on: Sep-13-1949
Reported in: AIR1950Ori62
Ray, C.J. 1. The respondent (Lachhu Kamara) was put on trial for baring committed an offence under Section 224, Penal Code, on the allegations that he offered resistance to his lawful apprehension for an offence under Section 447, Penal Code, with which he was then charged and that he escaped from the custody of Sri K. M. Cbakrabarty, officer-in-charge of Lamptaput Out Post, by whom he was lawfully detained for tbe said offence. 2. He was acquitted of this charge by Sri K. K- Samal, Sub-divisional Magistrate, Koraput. This appeal by the Government is directed against that order of acquittal. In order to bring the charge home to the accused, it has to be established that the accused intentionally offered resistance to his lawful apprehension for any offence with which he was charged or he escaped from the custody in which he was lawfully detained. It was to be examined whether these elements of the offence have been established in this case. To start with, there are no materials on reco...
Tag this Judgment!Ramanath Panda Vs. Damodar Sahu and ors.
Court: Orissa
Decided on: Sep-08-1949
Reported in: AIR1950Ori230
Jagannadhadas, J. 1. The facts giving rise to this revision may be briefly stated as follows:2. Original Suit no. 23 of 1943 on the file of the Subordinate Judge, Berhampur, was a partition suit between the members of a joint family owning extensive properties in which were included the Aska Sugar Works and Distillery also the Saw Mills at Russelkonda. One of the parties in the suit was appointed as the receiver of the family properties in the partition suit. A number of creditors of the family had obtained decrees against them and at the relevant date, there were as many as 12 decrees obtained by the creditors against the members of the family and pending execution.3. The petitioner before us is one of them having obtained a decree in O. S. No. 45 of 1939. He applied for execution in E. P. No. 301/45. The rest of the 12 decree-holders had also taken steps in execution. Eight of them had attached the Mill at Busselkonda and four of them including the present petitioner bad attached the...
Tag this Judgment!Fakir Mohammad Vs. King
Court: Orissa
Decided on: Sep-02-1949
Reported in: AIR1952Ori87
Ray, C.J. 1. This arises out of a rule issued against an order of conviction passed by theSub-Divisional Magistrate, Ghumusur Divisionand confirmed by the learned Sessions Judge of Ganjam. The conviction is under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946 (Act No. XXIV (24) of 1946), for purported contravention of an order purporting to have been passed under Section 3 of the Act by the Sub Divisional Magistrate of Ghumsur Division. (I do not like to discriminate between Sub Divisional Magistrate and Sub-Divisional Officer as both the terms are understood as meaning the same officer.) The order was to the effect that the petitioner should supply a certain quantity of paddy at certain price. The petitioner's defence was that he had not the requisite stock with him. In this respect, the finding is against him. The finding has, no doubt, been arrived at in the most queer manner. It has been said he possesses so many acres of lands and each acre must have or might hav...
Tag this Judgment!Suresh Chandra Pradhan Vs. Ganesh Chandra De and ors.
Court: Orissa
Decided on: Sep-02-1949
Reported in: AIR1951Ori351
Jagannadhadas, J.1. The pltf. is the applt. in this second appeal. It arises out of a suit for specific performance of a contract for the sale of 35 decimals of laud which belonged to defts. 1 & 2. Defendants 1 & 2 are minors & the suit-contract is one entered into on their behalf by their mother as guardian. The contract was for sailing the property for a sum of Rs. 75 out of which Rs. 35 was paid as advance & the balance was to be paid later. Defendant 3 who is the sister's husband of defts. l & 2 has purchased the suit property on 3-2-1943 subsequent to the agreement in favour of the pltf. The genuineness of the consideration alleged to have bean paid thereunder were denied by the defts. & contested in the Cts. below. It has been found by the trial Ct. that the agreement was true & that a sum of Rs. 35 was paid as an advance under it. It was also found that the agreement was executed in order to raise money to repay a decretal debt for Rs. 60 against the minors in respect of which t...
Tag this Judgment!indramoni Devi Vs. Raghunath Bhanja Birabar Jagdeb and ors.
Court: Orissa
Decided on: Sep-01-1949
Reported in: AIR1950Ori59
ORDERRay, C.J.1. The petition arises out of a proceeding under Section 145, Criminal P. C. The dispute relates to 32 acres and odd of lands being admittedly maintenance lands of one Barn a Chandra Bidhar Samant Rama Chandra Bidhar Samant was the son of Krishna Chandra Bhanja, proprietor of killa Haldia within which the disputed lands are situate. Krishna Chandra had another son (Pitabas Bhanja) who being the elder succeeded, by the rule of primogeniture prevalent in the family in matters of succession and inheritance, to the killa. According to the family custom, Rama Chandra Bidhar (Samant got the disputed lands in lieu of the maintenance. The terms and conditions to which the maintenance grants are subject, as it appears from para 5 of the provincial settlement report (an Exhibit), were that they would revert to the proprietor of the killa if the Bhaya (Rama Chandra, in this particular case) became Nieantan (without issue), Rama Chandra died leaving behind Brajasunder Bidhar Samant h...
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