Orissa Court March 1952 Judgments
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H. Naik, Official Liquidator, Puri Bank Vs. Panchanon Das
Court: Orissa
Decided on: Mar-27-1952
Reported in: AIR1954Ori7; [1953]23CompCas369(Orissa)
Jagannadhadas, C.J. 1. This is a suit filed by the Official Liquidator of the Puri Bank for recovery ,of an amount of Rs. 7988-5-0 from the defendant alleged to have been, due in respect of the current, mutual and open account No. 202 of the defendant in the Balasore Branch of the Puri Bank. The defendant was admittedly a person having a current account with the said branch of the Puri Bank. In addition to having a current account, he made certain fixed deposit's and was allowed overdraft facilities for double the amount thereof, on the security of the said deposits. The two fixed deposits are evidenced by Exts. B and B-1 and are for Rs. 2000/- each. Ext. B is dated 17-10-1944, and Ext. B-l is dated 21-9-45. That they were pledged as security for the overdraft account is evidenced by Ext. C dated 23-10-45. These facts are not disputed. The amount now sued for is what is due in respect of the said overdraft account with interest without any adjustment of the fixed deposit's. The defenda...
Jagadish Patel Vs. Patel Tobacco Co. and G.C. Sankar
Court: Orissa
Decided on: Mar-25-1952
Reported in: AIR1952Ori260; 18(1952)CLT284
Narasimham, J.1. The petitioners in Crl. Misc. Nos. 85 and 86 of 1951 have been prosecuted for contravention of the provisions of the Orissa Kendu Leaves (Control and Distribution) Order, 1949 which is an offence punishable under Section 10 of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1947 (Orissa Act I of 1947). The petitioner in M. J. C. No. 78 of 1951 is the owner of some landed property in Mouza Laikera in the District of Sundargarh who has felt aggrieved by the enforcement of the Orissa Kendu Leaves (Control and Distribution) Order, 1949 in respect of the leaves of the bendu trees situated in his property. The sole question for consideration in all the three cases is the validity of some of the provisions of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1947 (hereafter referred to as the impugned Act) and the Provisions of the Orissa Kendu Leaves (Control and Distribution) Order 1949 (hereinafter referred to...
Kartik Chandra Vs. Jadumani Behera and ors.
Court: Orissa
Decided on: Mar-21-1952
Reported in: AIR1952Ori251
Jagannadhadas, C.J.1. This is an application under Article 226 of the Constitution, for a direction in the nature of 'Quo Warranto', and for other ancillary directions, raising the question as to whether the opposite party No. 1, one Jadumani Behera, validly continues to hold the office of the Municipal Councillor of the Cuttack Municipality. The petitioner is a Municipal Councillor at Cuttack Ward III. The present Municipal Council of the Cuttack Municipality was constituted under the Orissa Municipal Act of 1950, which was brought into force on the 16th of April, 1951. The first general elections under the Act took place on 20th of April, 1951. The opposite party No. 1 was one of the candidates for Ward No. 1 of the Municipality. For the said Ward a seat for a member of the scheduled castes was also reserved under Section 11 read with Section 12 (2) (b) of e Act. Ward No. 1, therefore, for which opposite party No. 1 stood at the general elections was a two-member-ward of which one wa...
Sarat Chandra Das and anr. Vs. the State
Court: Orissa
Decided on: Mar-21-1952
Reported in: AIR1952Ori351; 18(1952)CLT146
Panigrahi, J.1.Petitioner No. 1, Sarat Chandra Das, is the Patjoshi of the Maharaja of Mayurbhanj and Petitioner No. 2, Gananath Tripathy, is the Purohit of the Maharaja. They have both been convicted under Section 500, I. P. C. and sentenced to pay a fine of Rs. 40/- each.2. The complainant, Bhagaban Das is the Patjoshi appointed by the State to perform the Jayadurga Puja at the palace of the Maharaja on the Gamha Purnima Day. His case was that on 27-8-50 he went to Kichakeswari temple, inside the Palace, to perform certain initial ceremonies connected with the Durga Puja, by getting rice and nut touched at the feet of the Deity. The two petitioners who were there prevented him from doing so and insulted him by using certain words alleged to be defamatory in character. The complainant examined P. W. 2 the Mahaldar and P. W. 3, said to be a Brahmottardar of the palace, in support of his case.3. The Magistrate who tried the case found that the words complained of had been proved to have...
The State Vs. Siba Prasad
Court: Orissa
Decided on: Mar-17-1952
Reported in: AIR1953Ori84; 18(1952)CLT174
ORDERPanigrahi, J. 1. The facts giving rise to this reference by the Sessions judge, Mayurbhanj, are simple. The accused, Sivaprasad Tripathy, was produced before a Magistrate charged with an offence under Section 409, I. P. C. on 4-1-51 and was released on bail by the Magistrate on the same date. The case was under Police investigation till 16-8-51 and several adjournments had been taken by the Police for filing of charge-sheet. On 16-8-51 the Magistrate recorded an order that the time occupied by the investigation was unreasonable in the extreme and that he would warn the prosecutor that the proceedings against the accused would be dropped if the charge-sheet was not filed before 31-8-51. But even on that date charge-sheet was not filed and the same was adjourned to 3-9-51. The investigation Officer again prayed for time and the case was directed to be put up on 22-9-51. On that day also the Investigating Officer failed to produce the charge-sheet, and thereupon the Magistrate ordere...
Saradhakar Supakar Vs. Speaker, Orissa Legislative Assembly and Secret ...
Court: Orissa
Decided on: Mar-07-1952
Reported in: AIR1952Ori284
Panigrahi, J.1. This is an application under Article 226 of the Constitution of India by Sri saradhakar Supakar, a member of the Orissa Legislative Assembly, praying for the issue of a writ on the Speaker and the Secretary of the Assembly, directing them 'to exclude the address of the Governor followed by a discussion thereof as provided for under Article 176 of the Constitution,'from the list of business fixed for the 7th and 8th March 1952 and 'directing them not to hold any meeting of the Assembly on these dates for that purpose' It is said that a point of order raised for this very purpose was overruled by the acting Speaker on the 6th March 1952.2. The petitioner urges that the first session of the Orissa Legislative Assembly after the recent General Elections commenced its sittings from the 4th March 1952 as the members had been summoned by the Secretary of the Assembly under the direction of the Governor of Orissa to meet on that date. A notice was issued by the Secretary of the...
Bansidhar Vs. District Magistrate
Court: Orissa
Decided on: Mar-03-1952
Reported in: AIR1953Ori229; 18(1952)CLT350
Jagannadhadas, C.J. 1. This is an application for the issue of a writ of mandamus against the District Magistrate of Bolangir, directing him to release the petitioner's house from requisition and to deliver possession thereof to the petitioner. The petitioner states in his petition that he had constructed a new house bearing No. 364 in Bolangir for residential purposes of himself and of his family members; but that he had at the time another ancestral house available to him for occupation, and hence let out this house at a rental of Rs. 150/- per month to the Co-operative Department from 15-6-48; that, now, he required the house for his own occupation, since his younger brother who was entitled to a half share in the ancestral house had retired from service and wants to occupy his half share. The petitioner states that by order dated 9-12-49, the District Magistrate of Bolangir purporting to exercise powers under Section 13, Orissa Maintenance of Public Order Act, 4 of 1948, requisitio...
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