Orissa Court August 1950 Judgments
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Antarjami Mohanty and ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-16-1950
Reported in: AIR1951Ori51
Narasimham, J.1. The eight petitioners were convicted under Sections 143 and 148, Penal Code, and also under Schedule 2, Police Act, and sentenced to various terms of imprisonment. Their appeal was dismissed by the Additional Sessions Judge of Berhampur.2. The charge against them was that on 18-9-1945 they assembled at a meeting at the foot of a hill in village Roulpalli in Ganjam district with the common object of disobeying a notice issued by the District Superintendent of Police Under Section 30, Police Act, requiring the obtaining of a licence as a condition precedent to the holding of meetings and assemblies on public roads and thoroughfares. While the meeting was being held a Police Officer approached the crowd and asked them to disperse. They however refused and then some of the leaders were arrested with the help of additional police force which arrived at the spot.3. The facts are all admitted. On 17-8-1949 the District Superintendent of Police with the sanction of the Distric...
Chandramoni Jena and ors. Vs. Bhraman Biswal
Court: Orissa
Decided on: Aug-11-1950
Reported in: AIR1951Ori69; 17(1951)CLT97
ORDERRay, C.J.1. The petitioners have been convicted under Sections 380 and 418, Penal Code, for having entered into a house and carried away the stock of paddy and other properties stored therein.2. The complainant and the accused advanced rival claims to that house which, it must be made clear, was not ancestral house of late Radhakrushna Jena of whom the complainant is the son-in-law but is the self-acquired house as distinct from the ancestral one. The ancestral house and other properties had admittedly been gifted to the daughter, namely, the complainant's wife, and there is no dispute about it. The dispute centres round the right and possession of the self-acquired house in which Radhakrushna Jena lived at the time of his death. The consideration of this revision involves the question whether there was illegality or irregularity causing prejudice to the petitioners in their defence in the trial.3. The circumstances are that the trial was held by one Sri M. B. De, Magistrate, befo...
Ratna Munda Vs. the State
Court: Orissa
Decided on: Aug-10-1950
Reported in: AIR1951Ori245; 16(1950)CLT227
Jagannadha Das, J.1. The applt. before us, one Ratan Munda, has been convicted under Schedule 04, Penal Code, for having caused the death of one Tuti Munda on the evening of 22-9-1949 & has been sentenced to undergo R-1. for five years.2. The prosecution ease is as follows : 22-9-1949, was the Nuakhoi day when the villagers were in a festive mood. The deceased who had taken drink on that occasion came out of his house with a Falsia telling his wife that he was going to kill the accused & finish him off that day & ran towards the house of the accused which was about no cubits away. Ha is said to have entered into the house & attempted to assault the accused with the Falsia, but the accused managed to ward off the assault. He straggled with the deceased to wrest away the Falsia from his hands. There was a tussle between the two & ultimately the accused was able to get hold of the Falsia with which he dealt severe blows on the deceased & ran away from the place. After having run away from...
Hadu Vs. the State
Court: Orissa
Decided on: Aug-09-1950
Reported in: AIR1951Ori53
Jagannadhadas, J.1. The appellant before us has been convicted under Sections 302 and 201, Penal Code, and sentenced to transportation for life under first count and to rigorous imprisonment for five years under the second count the sentences to run concurrently. He has been held guilty of having murdered one Bhima Panda on the night of 19-5-1949 and caused the disappearance of the dead body from the scene of the offence with the intention of screening himself. At the trial, there was another accused, A-2, the brother of the appellant but he has been given the benefit of doubt by the learned Sessions Judge and acquitted.2. The appellant Hadu Samanta is a resident of Humma Gada. The deceased Bhima Panda is a resident of the village Nadapandapalli, some distance away. The evidence on the side of the prosecution shows that the appellant and the deceased were on friendly terms and that the deceased was placing implicit confidence in the appellant. The appellant had taken a lob of gold and ...
Ganeshdas Kaluram Vs. Commissioner, Income-tax
Court: Orissa
Decided on: Aug-08-1950
Reported in: AIR1952Ori94; [1951]19ITR102(Orissa)
Narasimham, J.1. This is a reference under Section 66 (2), Income-tax Act, by the Income-tax Appellate Tribunal, Madras Bench, under the directions of this Court contained in its order dated 3-12-1948 in S.J.C. No. 10 of 1947.2. The applicant Ganeshdas Kaluram is a yarn dealer of Cuttack town & he was assessed to income-tax for the year 1943-44 at the rate of 12 1/2 per cent gross profits by the Income-tax Officer though in the petitioner's accounts submitted to the Income-tax authorities he disclosed a profit of 7 1/2 per cent only. In rejecting the petitioner's accounts as regards his profits the Income-tax officer was mainly influenced by the following factors:1. The petitioner kept a mixed account for all varieties of yarn which rendered proper check impossible.2. He sold rupees two lakhs worth of goods for cash to unnamed persons thereby exposing himself to the suspicion that controlled prices were shown in the books whereas higher prices were charged from customers & the excess w...
Govinda Chandra Vs. State
Court: Orissa
Decided on: Aug-04-1950
Reported in: AIR1951Ori18
ORDERRay, C.J.1. The petitioner (Gobinda Chandra Srichanar) has been declared to have forfeited the bail bond executed by him to ensure attendance of accused Bira Naik in Criminal Case No. 389, started by Maguni Biswal of Dhenkanal. On 16-1-1950, which was one of the dates of hearing, the accused Bira Naik did not attend the Court, and the petitioner, his bailor, fully alive to his responsibility made a representation to the Court that the non-appearing accused was ill. The learned Magistrate did not accept the story of illness but however, was forced to adjourn the case to 30-1-1950. On that date, the accused appeared, and the bailor too appeared and filed a petition asking to be released from the liability of bail bond. It appears from the record that one Banshi Naik executed a bail bond for Bira Naik on 3-3-1950. The petitioner was called upon to show cause why the surety bond should not be forfeited and the payment of Rs. 200 agreed under the bond to be paid in default of the accus...
Suka Misra and ors. Vs. the State
Court: Orissa
Decided on: Aug-01-1950
Reported in: AIR1951Ori71
Panigrahi, J.1. There are two appeals directed against the judgment of the Sessions Judge Bolangir Kalahandi, in Sessions Case No. 27 of 1949. There are three appellants in Cri. App. No. 8 of 1950 and one in Cr. App. no. 16 of 1950. All of them have been convicted under Schedule 95, Penal Code and sentenced to seven years rigorous imprisonment each.. Altogether twelve persons were put on trial and eight of them have been acquitted.2. The case for the prosecution is that the appellants, along with certain other persons, numbering about thirty, forcibly entered into the house of the complainant Sardul Nag at about 10 P. M. on the night of 4-9-48 and committed dacoity. They were all armed with thabies, knives, lathis and torches, and carried away paddy, rice, utensils, molasses, as well as gold ornaments. On the next morning the complainant reported the matter to Dasarathi, Gountia of Rugurupalli, a neighbouring village and also sent word to Sribanta, Gountia of Nagapalli, another neighbo...
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