Orissa Court April 1951 Judgments
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Sm. Nilamoni Bewa and anr. Vs. Mrutunjaya Pradhan and ors.
Court: Orissa
Decided on: Apr-30-1951
Reported in: AIR1951Ori362
Ray, C.J.1. This appeal was heard by Das, J. & Narasimham J. In view of the four unreported decisions of this Court in Second Appeal No. 10 of 1945, Second Appeal No. 192 of 1946, Second Appeal No. 86 of 1944 & Second Appeal No. 41 of 1946 giving rise to conflicting opinions on some vital aspects of the question as to certain distinctive features of a transaction of 'mortgage by conditional sale' as distinguished from 'a sale out & out', they have referred it to a Full Bench. The divergence of view, that according to them was of a serious character, was regarding the burden of proof, & besides, it also related to the effect of'(1) the insertion of a penalty clause in such document for return of the consideration money plus interest if the vendee is dispossessed from the lands through defect of title of the vendor or otherwise; & (2) the insertion of an express provision postponing mutation of the name of the vendee in the landlord's sherasta till expiry of the stipulated period.'2. The...
Bishnu Charan Mukherjee and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-18-1951
Reported in: AIR1952Ori11
Jagannadhadas, J.1. These two applns. arise out of municipal elections contemplated to be held on the 20th instant in this State, in Cut-lack and Kendrapara respectively in accordance with the recent Orissa Municipal Act, 1950, (Orissa Act XXIII of 1950) which will hereafter be referred to as the Municipal Act in this judgment. The petitioner in each of the cases is a candidate for election to the respective Municipal Councils and they are both legal practitioners. The petitioner in M. J. C. 49/51 filed his application on 12-3-1951 praying for directions to the State Government, the District Magistrate and the Election Officer, Cuttack Municipality, not to hold the election on various grounds set out by him in his application. In substance the grounds state that the Municipal Act contains various illegal provisions in particular, a provision disqualifying a legal practitioner who has at the time, an engagement against the Municipality and that the Act is accordingly ultra vires and tha...
Janama Bhoi and anr. Vs. Draupadi Bhoiani
Court: Orissa
Decided on: Apr-16-1951
Reported in: AIR1952Ori26
1. This is a reference by the learned Sessions Judge of Sambalpur recommending that the Magistrate's order declaring first party's possession in a proceeding under Section 145, Cr. P. C. should be set aside. He characterises the Magistrate's order as one without jurisdiction. Mr. G.B. Mohanty appears for the second party and in support of the reference.2. The short facts are that the first party, a woman, filed an application on 24-6-1948 in which she said that she had been dispossessed from her land, the subject-matter of the present dispute, on 13-6-1948. After she submitted the petition asking for starting a proceeding under Section 145, there was a great delay in completing the necessary enquiry by the Police and in drawing up the preliminary order calling upon the respective parties to appear and file statements as to their respective claims to possession. The preliminary order, contemplated in the section, was passed on 6-10-48. The learned Magistrate came to a finding that the f...
Nimai Charan Kamila Vs. Sham Mohan Nandi
Court: Orissa
Decided on: Apr-16-1951
Reported in: AIR1953Ori254; 18(1952)CLT279
ORDERPanigrahi, J.1. This is a petition under Article 227, Constitution Act, praying for revising an order of the District Magistrate, Cuttack, in a case under the Orissa House Rent Control Act. The facts are that the application of the landlord for exemption under Section 5 of the Act was dismissed for default of appearance on 22-10-49. The landlord filed a petition on 28/10/49 praying for restoring his original application. The House Rent Controller did not fake up this petition for revival, but granted an exemption under Section 5, as prayed for by the landlord) ignoring the order of dismissal passed on 22/10/49. The petitioner, who is the tenant, filed an appeal before the District Magistrate against this order of the House Rent Controller, in H. R. C. Appeal No. 188 of 1949. That appeal was disposed of by the District Magistrate by his order dated 8/12/49 whereby he set aside the order of the House Rent Controller granting exemption under Section 5. The District Magistrate, howeve...
Mohan Prasad Singh Deo Vs. Ganesh Prasad Bhagat and ors.
Court: Orissa
Decided on: Apr-13-1951
Reported in: AIR1952Ori168; 17(1951)CLT278
Jagannadhadas, J.1. This is an interlocutory application in Misc. Appeal No. 72/49, which is pending in this Court. The application is to amend the cause-title or the appeal memorandum by impleading the two persons; (1) Rajendra Prasad Bhagat and (2) Kamala Devi as party-respondents in the appeal and for condoning the delay. The appeal was filed on 11-10-1949, and this application was made on 25-9-1950. In order Ho appreciate the circumstances under which the application has been made, it is necessary to set out a few facts. M.A. 72/49 is against the order of the learned Subordinate Judge of Berhampur on M.J.C. No. 92/48 before him. That was an application under Section 47 Civil P. C., in the course of proceedings for execution of a mortgage-decree obtained against the father of the present appellant by the decree-holders therein. By that petition, a question was raised by the judgment-debtor that the decree obtained against his father was not execuable against him, without determinati...
Sanatan Baliarsing and ors. Vs. State and anr.
Court: Orissa
Decided on: Apr-12-1951
Reported in: AIR1952Ori33; 19(1953)CLT370
ORDERRay, C.J.1. This is an application by the petitioners for quashing a proceeding initiated under Section 107, Criminal P. C. The order of the Magistrate which ia based upon a police report reads : ' . . . . that you Bankanidhi Subudhi & 58 others of Sanapadar, 2nd party indulging in acts of highhanded-ness, violence, harassment, etc., towards the first party Bhagirathi Mohapatra & that your activities are likely to cause imminent breach of place or disturb the public tranquillity in the local limits of the jurisdiction of this Court. You are hereby ordered to show cause why you should not be ordered to execute a bond for Rs. 1000 each with one surety in the like amount for keep:ng peace for a period of one year.'This order has been made under the provisions of Section 112, Criminal P. C. The section reads :'When a Magistrate acting under Section 107, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the subst...
Makar Bhoi and ors. Vs. State
Court: Orissa
Decided on: Apr-04-1951
Reported in: AIR1951Ori357; 17(1951)CLT206
Ray, C.J.1. The petnrs. have been convicted under Schedule 0 (l) of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1947, & sentenced to pay a fine Rs. 25 each, in default to suffer R. I. for 6 weeks' each. The prosecution case is that on the night of 16-5-49, the petnrs. were carrying loads of Kendu leaves from Bolangir district into Sambalpur district within the limits of Agalpur police outpost under Leisinga P. S. without a permit authorising them to move Kendu leave from one unit to another or from one district to another. This is said to be an offence against R. VII (l) of the Orissa Kendu Leaves (Control & Distribution) Order, 1949. This Order was made by the Govt. of Orissa in exercise of the powers conferred by Sub-section (l) of Schedule , Orissa Essential Articles Control & Requisitioning (Temporary Powers) Act, 1947. Para, vii of the said order runs as follows:'VII-(l) No person shall move or transport or attempt to move or transport Kendu le...
Lokanath Misra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-03-1951
Reported in: AIR1952Ori42
Narasimham, J.1. These are petitions under Article 226 of the Constitution by persons who were plying stage carriage vehicles (buses) for hire alongcertain routes in Ganjam district & whose permits have been cancelled with effect from 1-1-1951 in consequence of notification No. 35613 S. T. dated 21-9-1950 read with erratum No. 363669 S. T. dated 27-9-1950 issued by the State Govt. under Section 5, Orissa Motor Vehicles (Regulation of Stage Carriage & Public Carrier's Services) Act, 1947 Orissa Act XXXVI (36) of 1947.2. Sri Lokanath Misra the petitioner in M. J. C. No. 194 of 1950 is the owner of two buses Nos. O. R. G. 399 & 380. He was granted a permit No. 49/1 for three years from 21-4-1949 to 21-4-1952 for plying O. R. G. 380 over Odogan-Aska route in Ganjam district. He was granted another permit No. 39/1 in respect of O. R. G. 380 for a period of one year expiring on 19-11-1948 over Chirrikipada-Chatrapur route in the same district. But sometime in May 1948 that permit was validat...
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