Orissa Court August 1950 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Narayan Behera and ors. Vs. Ch. Narasing Charan Mohapatra and anr.
Court: Orissa
Decided on: Aug-31-1950
Reported in: AIR1951Ori60; 16(1950)CLT220
Jagannadhadas, J.1. This is an appeal by defendants 2 to 4 lessees from defendant 1, against an order of remand by the lower appellate Court. The plaintiff brought a suit for recovery of 4.68 acres of Lakhraj Babel lands which belong to defendant l, a Thakur represented by a Marfatdar. The plaintiff is the landlord of the Touzi to which this Lakhraj land, was attached for purposes of road-cess Under Section 85, Bengal Cess Act. The Lakhrajdar, defendant 1 fell into arrears with reference to road-cess for the year 1940.41. Under Schedule 7 of the Cess Act the Touzidar is entitled to recover such arrears as arrears of rent. The plaintiff accordingly filed a suit for the said arrears, obtained a decree and purchased the property in execution sale of, the said decree. He got delivery in pursuance thereof on 11-4-41. Defendant 1 through his Marfatdar, had previously created in favour of defendants 2 to 4, a permanent lease dated 28-8-37, marked, ex. a. The plaintiff claims to recover posses...
Nilambar Bewa Vs. Fagu Prusty
Court: Orissa
Decided on: Aug-30-1950
Reported in: AIR1951Ori236; 17(1951)CLT38
Das, J.1. This is an appeal against the judgment of the learned Dist J. of Cuttack, granting probate to one Fagu Prusti, of the will of one Narayan Prusti. The appct is the brother of the testator, who is also the executor under the will. The objector, who is the applt before us, is the wife of the testator. The will is said to have been executed on 30-5-38. The testator admittedly died two months thereafter on 2-8-1938. He was about 35 years old at the time of his death. He left him surviving the applt, his wife Nilambar Bewa, and a daughter aged about 6 years, Padma Dei. Subsequent to the birth of his daughter, he appears to have had two male children, one after another, but they had both died before the date of the alleged will. It would appear from the evidence of the applt that the second of the male children was born about a year prior to the testator's death & died when he was a baby less than 10 months' old. The will purports to be executed in favour of one Brajabandhu Prusti, ...
Kamal Nayan Ramanuj Das Vs. Bira Naik and anr.
Court: Orissa
Decided on: Aug-23-1950
Reported in: AIR1951Ori141
ORDER1. This is an application for leave to appeal to the Supreme Court against the judgment of this Court in Bira Naik v. Sidha Kamal Nayan S A. No. 172 of 1945 : (I. L. B. (1949) l Out. 121).2. On the filing of the application, we sent for a finding of the valuation of the property in suit. The trial Court returned a finding opining that the landed property in dispute is valued at a figure more than Rs. 5,000 Besides, the plaintiff-respondent had been given a decree for recovery of masne profits to the extent of Rs. 5,000 and odd. The decree, therefore, involves rather directly some claim or question with respect to the property of the value of Rs. 10,000 or upwards within the meaning of para 2 of S. HO, Civil P. C. As this is a decree which reverses the judgments of the Courts below, the appellant has an unrestricted right of appeal to the Supreme Court. The question whether it involves any substantial question of law within the meaning of para 3 of Section 110 of the Code does not ...
Kulamoni Mohanty Vs. the State
Court: Orissa
Decided on: Aug-22-1950
Reported in: AIR1951Ori20
Ray, C.J.1. The petitioner (Kulamoni Mohanty) has been ordered to be detained for one year by the Government of Orissa from 28-2-1950 under Schedule (1), Preventive Detention Act (IV [4] of 1950). Long after this detention, that is on 19-6-1950, he was served with a copy of the grounds as contemplated in Schedule of the Act, wherein he was told that he had a right to make a representation against the order of detention.2. We have no information if he has made any such representation. In his petition to this Court, he asserts that he had been holding a service in B.N. Rly, for the last eleven years and had not been officially suspended or dismissed. This assertion is intended to convey that he is a man who is following peaceful avocation of life and no blemish has been found in his career as a public servant by his immediate superior. He further says that he was first arrested on 24-2-1950 under Schedule 07, Criminal P. C. but no proceeding under the section was started. He was then put...
Taturam Sahu Vs. the State of Orissa
Court: Orissa
Decided on: Aug-21-1950
Reported in: AIR1953Ori96
Nahasimham, J. 1. This petition is for revising an order under Section 144, Cr. P. C., passed by the Sub-Divisional Magistrate of Nawapara on 29-4-1950, restraining the general public from purchasing or exporting Kendu leaves from Nawapara thana and exempting one Ramji Purushottam alone from the operation of the said order. No ad interim order appears to have been passed and the affected parties were not given an opportunity of making their submissions before the Magistrate prior to his making the order absolute. He acted on the report of the police to the effect that Ramji Purushottam was the contractor for the purchase of Kendu leaves in Khariar estate and that there was a likelihood of serious breach of the peace if other persons were permitted to purchase the said leaves in that estate. It further appears from the police report that the zamindar of Khariar was claiming the exclusive right to sell Kendu leaves even of those trees which grow on the tenants' holdings though this right...
Rama Chandra Misra Vs. President, District Board
Court: Orissa
Decided on: Aug-21-1950
Reported in: AIR1951Ori1; 17(1951)CLT10
Narasimham, J.1. This petition is against the judgment of Sri Priyanath Sarkar, Magistrate, 1st class, Berhampur, convicting the petitioner under Schedule 07, Madras Local Boards Act, 1920, for contravention of Schedule 66 of that Act and sentencing him to pay a fine of Rs. 50 in default to undergo simple imprisonment for one week. The learned Magistrate also passed an order under Schedule 12 of that Act directing the petitioner to deposit the full licence fee of Rs. 285 plus cost to the District Board of Ganjam.2. The petitioner is the owner of two motor buses Nos. O. B. C. 107 and O. B. C. 115 which were plying for hire between Cuttack and Berhampur in January-March 1914. He had obtained a permit from the Regional Transport Authority for plying the vehicles on the road from Cuttack to Berhampur during the said period but he did not obtain any licence from the Ganjam District Board as required by Schedule 66 (l) (a), Madras Local Boards Act, 1920, (hereinafter referred to as the Madra...
Chamra Meher and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-21-1950
Reported in: AIR1951Ori179
Narasimham, J.1. This petn is against the appellate order of the Dist Mag of Boudh-Phulbani dismissing an appeal filed by the petnrs against the order of a 1st class Mag, Boudh, forfeiting their bond executed in a case under Schedule 20/471, I. P. C. in the Ct, of the said Mag. Two persons named Nrusing Meher & Hrusikesh Meher were accused persons in that case. On 11-11-48 when they appeared before the S. D. M. they were directed to be released on bail of Rs. 1,000/- each & then the case was transferred to the file of a 1st class Mag named Sri S. B. Mohapatra for disposal. Then the two petnrs acting as sureties for the accused persons executed a bond undertaking to produce them before the Ct on such dates as may be fixed. Strangely enough the accused persons themselves were not required to execute bonds for their appearance before the Ct on several successive dates. Whether this omission was due to oversight or not it is difficult to say. But whatever that may be the fact remains that ...
Pusarala Narasinhaswamy Vs. Indian Dominion
Court: Orissa
Decided on: Aug-18-1950
Reported in: AIR1951Ori31; 17(1951)CLT53
Ray, C.J.1. The petitioner has been convicted by the Subdivisional Magistrate of Nawrangpur under S 7 read with Schedule of Act XXIV [24] of 1946. and has been sentenced to undergo rigorous imprisonment for two months and to pay a fine of as. 50 in default to undergo rigorous imprisonment for a further period of two months.2. On 16-6-1948. he was attempting to transport by toad in lorry (no. work 139) 12 maunda and 17 lbs. of rice in small gunny bags which were kept concealed amongst bags containing tamarind from the right side of the Indravati rives to the left in contravention of Government Notification No. 39547 ST dated 5 11.47. The petitioner pleaded guilty to the charge before the trial Court who convicted him, as aforesaid. The prosecution had examined two witnesses.3. The legality of the conviction is challenged. This gives rise to a question whether the plea of guilty in the trial Court debars him from challenging the conviction on merits. The learned appellate Court overruled...
Ananta Charan and ors. Vs. the State
Court: Orissa
Decided on: Aug-17-1950
Reported in: AIR1951Ori27
Ray, C.J.1. These cases arise out of petitions made by the petitioners named above for issue of writs of Habeas Corpus as against their detention under the Preventive Detention Act (iv [4] of 1960). Mr. V. Pasayat, Advocate, appears for all the petitioners amicus curias. The arguments advanced by him are common to all the cases and we, therefore, propose to pass one judgment covering all the petitions.2. The arguments advanced are : (i) That the petitioners other than those of Cr. Misc. cases nos. 69, 79 and 83 are old detenus, and the respective orders of detention passed against them are based on the same grounds as on which they had been detained prior to the Preventive Detention Act enacted after the Constitution. This, he urges, is sufficient indication that the detaining authority had not applied his mind to the facts and circumstances appearing against the petitioners. In the course of argument, he has pointed out that in some cases even the grammatical inaccuracies in the const...
Khalli Behera Vs. the State
Court: Orissa
Decided on: Aug-16-1950
Reported in: AIR1951Ori78; 16(1950)CLT186
Panigrahi, J.1. This is an appeal directed against a conviction Under Section 302/149, Penal Code, by the Additional Sessions Judge, Ganjam Nayagarh. The occurrence in respect of which, the appellant, Khalli Behera, was charged took place on the night of 11-10-1949 at about 7 P. M. on the Grand Trunk Road between Berhampur and Golanthra when the deceased, a jutka driver by name Kalia Behera, was attacked by a number of persons and done to death, The appellant, along with a number of other persons, was arrested on 12-10-1946, the day after the occurrence. Two days later, he was produced before a Magistrate as he was willing to make a confession. On 15-10 1949 his confessional statement was recorded. On 19-11-1916 he was charge-sheeted along with the other accused. On 19-12-1949 he was tendered pardon and he executed a bond agreeing to make a true and full disclosure of all the facts he knew about the occurrence and that he was willing to be exa mined as an approver. He was actually exam...
- ‹ Prev
- 2
- Next ›
- Last »