Orissa Court October 1952 Judgments
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Mt. Gauri Misrani Vs. Mt. Nilabati Misrani,
Court: Orissa
Decided on: Oct-27-1952
Reported in: AIR1953Ori51
Jagannadha Das, C.J. 1. This is a reference by the Munsiff of Sambalpur under Order 46, Rule 1, C.P.C., and arises in connection with certain execution proceedings before him. The decree-holder who is a widow, obtained a decree for maintenance in T. S. No. 201 of 1946, against her husband's brother and has started the present execution proceedings for recovery of the arrears of maintenance due under the decree. The opposite party in the execution is the widow of the original judgment-debtor. In execution of the decree, land of the extent of 11.49 acres was attached, but the execution became infructuous, because, according to the provisions of the Central Provinces Tenancy Act the said land was not saleable. There being no other mode of execution available, the decree-holder applied to the executing Court for the appointment of a receiver in respect of the said land to realise the arrears.Various objections were taken on behalf of the judgment-debtor, but the executing Court overruled t...
Kalinga Tubes Ltd. and ors. Vs. D. Suri and anr.
Court: Orissa
Decided on: Oct-27-1952
Reported in: AIR1953Ori49; 19(1953)CLT103
Jagannadhadas, C.J. 1. These arc three applications made under Article 226 of the Constitution and Section 439, Criminal P. C. They arise out of certain searches made in the premises at Cuttack of the petitioners in the three applications by Sri S. W. Abbas, Inspector, Special Police Establishment Ministry of Home Affairs, Government of India, on 14-6-52. On the said searches it would appear that nothing of an incriminating nature with reference to the purpose of the search was recovered from the premises of the petitioners in O. J. C. 17/52, but some documents were seized from the house of the petitioners 1 and 2 in O. J. C. 33/52. All the petitioners in the three petitions before us applied to the Magistrate who issued the search warrants for certified copies of (1) the report made by the police or any other person on the basis of which the search warrant was issued; (2) the search warrant; and (3) copies of the order-sheet of the Magisterial record. The Magistrate granted certified ...
Radhu Naik Vs. Dhadi Sahu
Court: Orissa
Decided on: Oct-23-1952
Reported in: AIR1953Ori56
Mohapatra, J. 1. This is a plaintiffs Second Appeal arising out of a suit for malicious prosecution against the reversing judgment of Sri J. K. Biswas, Civil Judge, Keonjhar State, in Civil Appeal No. 15 of 1947.2. The plaintiff brought the suit for recovery of Rs. 300/- as damages for malicious prosecution for having been prosecuted under Rule 81(4) of the Defence of India Rules on the information given by the defendant to the effect that the plaintiff was purchasing and selling rice in black-market without license and that on 17-2-46 the plaintiff had stored 17 maunds 4 seers of rice for sale in contravention of the Foodgrains Control Order, 1944 as adopted by this State. The police investigated matter and brought a charge-sheet. The prosecution ended in acquittal by the judgment of the Sub-divisional Magistrate (Ex. 2).3. The plaintiff's allegations were that the prosecution was malicious without any reasonable and reliable cause and the information given by the defendant was absolu...
Bhikari Prusti Vs. Madan Mohan Jiu Thakur and ors.
Court: Orissa
Decided on: Oct-23-1952
Reported in: AIR1953Ori73
Mohapatra, J.1. This is a defendant's Second Appeal against the reversing judgment of Sri C.C. Coari, District Judge of Cuttack, decreeing the plaintiffs' suit for declaration of the deed of Sebasamarpanpatra as invalid.2. The deity (Madan Mohan Jiu) is situate in village Kaima with nearly 27 'Marfatdars', (SIC) belonging to Das family being 'Pataras' by (SIC) One of the 'Marfatdars' was Bhima Das. (SIC)account of his old age and on amount of reason that his son was absent from the (SIC) on many occasions, he executed a deed of 'Sebasamarpanapatra' in respect of his two annas share of the 'marfatdari' right of the deity, the deed being dated 1-11-33 in favour of the present appellant (Baikari the defendant No. 1).3. The plaintiffs' substantial attack was that the 'marfatdari' rights are not alienable, and, as such, the deed was invalid.4. The defence was that the suit was barred by limitation & was not maintainable tinder the provisions of Section 54 of the Orissa Hindu Religious Endow...
Sheonath and anr. Vs. the State
Court: Orissa
Decided on: Oct-17-1952
Reported in: AIR1953Ori53
ORDERNarasimham, J. 1. These two petitions are heard analogously and will be dealt with in one judgment. Petitioner Sheonath in Crl. Revision No. 3 of 1952 is a Fireman of the B. N. Rly. residing at Chakradharpur in Singhbhum district of Bihar State. Petitioner Mahammad Ali in Crl. Revision No. 4 of 1952 is also a Fireman of the B. N. Rly. residing at Chakradharpur. On 12-5-1951 a goods train from Bilaspur to Chakradharpur halted at Jharsuguda railway station. There were two engines attached to the goods train, one in the front and another in the rear. The prosecution case is that petitioner Mahammad Ali was working as a Fireman in the rear engine and that he brought four bags of rice and kept them in the rear engine of the goods train. Petitioner Sheonath was said to be working in the front engine of the said goods train and the prosecution case is that he also kept two bags of rice at Jharsuguda in the front engine.A constable on duty at Jharsuguda railway station named A. Makunda (P...
Arja Venkataratnam Vs. Atmakuru Suryanarayana
Court: Orissa
Decided on: Oct-15-1952
Reported in: AIR1953Ori58
Mohapatra, J. 1. This appeal has been filed by the defendant against the reversing judgment of Sri. B. C. Das, Addl. District Judge of Berhampur. The suit was for ejectment of defendant-tenant who was inducted on the land in dispute as a tenant by virtue of rent deed (Ex. 1) dated 8-10-34. The deed was for a period of six months and the rental fixed was Rs. 5/- per month. After the expiry of the period given in the lease-deed (Ex. 1), the defendant continued to remain as a tenant from month to month. The defendant being in arrears of rent, the plaintiff served a notice on the defendant to quit and has brought the present suit for eviction.2. The suit was resisted on two grounds:--(i) That the notice is invalid and (ii) that the suit is not maintainable under the provisions of House Rent Control Act, 1947, thera being no permission obtained under Section 13 of the Act. The trial Court decreed the suit for arrears of rent but dismissed the suit for ejectment holding that in fact, the not...
Narsing Das Hiralal Ltd. and anr. Vs. Bisandayal SatyanaraIn Firm
Court: Orissa
Decided on: Oct-14-1952
Reported in: AIR1954Ori29
ORDERNarasimham, J. 1. This revision petition is against the appellate judgment of the Additional District Judge of Cuttack reversing the judgment of the First Additional Sub-Judge of Cuttack and setting aside an award given by the arbitrators and the judgment and decree following the award.2. The opposite party was the defendant in Suit No. 57/8 of 1949-48 in the Court of the 1st Additional Sub-Judge, Cuttack. That suit was brought under Sections 14 and 17, Indian Arbitration Act, 1940 by the petitioners-plaintiffs for a judgment in terms of an award said tr have been given by the arbitrators appointed by the parties, on 13-12-47. The plaintiffs and the defendant executed separate arbitration agreements (ekrarnamas) dated 13-3-47 and 11-3-47 respectively referring their dispute to three respectable merchants of Cuttack, namely, Rangalal Modi, Narsingdas Bhowsinka and Joharimal. In the arbitration agreements executed by the parties no time limit was fixed for the giving of the award an...
Abdul Quddus Vs. Muhammad Jubbar and ors.
Court: Orissa
Decided on: Oct-14-1952
Reported in: AIR1953Ori59
Mohapatra, J. 1. This is a judgment-debtor's miscellaneous second appeal arising out of proceedings under Section 47, Civil P. C., against the judgment of Sri D. Das, District Judge Keonjhar-Balasore, confirming the order of Sri C.B. Rao, Munsif of Bhadrak. The decree under execution is dated 14-3-48, Abdul Aziz and Muhammad Jubbar being decree-holders. They started execution in Ex. Case No. 447 of 1940, which was struck off on 12-9-41. The second execution case was started on 29-10-1942 by Md. Jubbar and some of the heirs of the deceased decree-holder Abdul Aziz who died after the first execution were struck off and before the starting of the second execution case. An objection was put forth by the judgment-debtor in the second execution case that the execution case has to be dismissed as no succession certificate had been produced by the legal representatives of the deceased decree-holder Abdul Aziz. The judgment-debtor's objection was upheld and the second execution case was dismiss...
Mallik Rafiq and anr. Vs. Mallik Abdul Hakim and anr.
Court: Orissa
Decided on: Oct-14-1952
Reported in: AIR1953Ori278
ORDERNarasimham, J.1. This revision petition is by the unsuccessful first party in a proceeding under Section 145, Cr. P. C.2. The property in dispute originally belonged to one Mallik Makbul who died without any issue. Petitioner 2, Sarifin Bibi, claims to be the widow of Mallik Makbul. But the opposite party alleged that she was the concubine and not the legally wedded wife of Mallik Makbul. Petitioner 1 Mallik Rafiq is a minor aged about ten years. He is the own brother of opposite party Mallik Abdul Hakim and Mallik Khauzar and all the three are the sons of one Mallik Namdar who was a brother of Mallik Makbul. The petitioners' case appeared to be that Mallik Rafiq was brought up by Mallik Makbul as his own son and after Makbul's death his property was possessed by his widow, namely, Sarifin Bibi and Rafiq. The opposite party, however, stated that after Makbul's death they came into possession of his property being his nephews and that they continued in possession till the attachmen...
Smt. Chhoti Dei Vs. Gangadhar Misra and anr.
Court: Orissa
Decided on: Oct-13-1952
Reported in: AIR1953Ori245; 19(1953)CLT29
Mohapatra, J.1. This is a plaintiffs second appeal against the reversing judgment of Sri B. S. Patnaik, Subordinate Judge of Cuttack, dismissing the plaintiff's suit in ejectment of the defendants on the allegation that the defendants are monthly tenants in respect of 'Khas mahal' Holding No. 1261 on a monthly rental of Rs. 23/-. As the plaintiffs required their house for their own use, they made an application before the House Rent Controller for permission to bring a suit in ejectment ; but as the defendants agreed to vacate it by the end of 1-5-1948 proceedings were dropped by consent of parties and notice to quit was served by the plaintiffs on 10-7-48 which was received by defendant 1 on 12-7-48.2. This holding originally belonged to Debendra Nath Basu who died, long after 1937 'leaving Satyendra, Samarendra, sachindra and his widow as his heirs. The notice was served by Satyendra, Samarendra and Sachindra. During the pendency of the suit, a registered 'kabala' was executed in fav...
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