Orissa Court December 1950 Judgments
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Siba Prasad Moda Vs. State of Orissa
Court: Orissa
Decided on: Dec-21-1950
Reported in: AIR1951Ori259
Ray, C.J.1. This is an appln. for leave to appeal to the S.C. against our order in Cr. Revn. No. 458 of 1946 enhancing the sentence. It has been, however, made clear by the two counsel, who appeared before us & were permitted to argue one after the other, that they did not challenge the conviction. It has also to be noted that in the learned lower appellate Ct. too the applt. did not challenge the conviction but pleaded for reduction of sentence. The learned Ses. J. was successfully persuaded to commute the sentence of imprisonment of 6 months (which has since been restored by us) to a fine of Rs. 200.2. Mr. Patnaik, the leading counsel in the case would argue that our judgment violates the principles laid down in Article 14 of the Constitution, inasmuch as, we have said, in our judgment that the accused being a Marwari merohant, a fins of Rs. 200 would amount to absolutely no punishment whatsoever, & that he has to be sentenced with imprisonment; & that accordingly the sentence of imp...
Raghunath Patnaik and ors. Vs. Dullabha Behera
Court: Orissa
Decided on: Dec-05-1950
Reported in: AIR1951Ori181
Panigrahi, J.1. The defendants are the appellants in this second appeal. The suit was for a perpetual injunction against the defendants from interfering with the plaintiff's peaceful enjoyment of the suit lands and for the recovery of a sum of Rs. 30 being the cost of bamboos alleged to have been cut and removed by the defendants from the suit lands.2. The dispute between the parties is about the ownership of certain bamboo clumps growing on a common ridge between the lands of the plaintiffs and those of the defendants. Survey Nos. 220/I and 220/2 admittedly belong to the plaintiff and adjoining it immediately to the north is Survey No. 210 belonging to the defendants. There are certain bamboo clumps all along the northern and northeastern portion of the ridge. The roots of these clumps have grown into the soil on either side of the boundary line and trees have sprung up on both sides. The question is whether or not the trees growing on the southern side of the ridge belong to the plai...
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