Orissa Court January 1953 Judgments
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K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Jan-30-1953
Reported in: AIR1953Ori185
Jagannadha Das, C.J.1. These are applications under Article 226 of the Constitution lor the issue of mandatory writs against the State of Orissa restraining them from issuing any notifications or taking any other steps under the Orissa Estates Abolition Act, 1 of 1952, in so far as the estates to which these applications relate. These eight applications concern eight per-manently settled estates of the ex-Madras area, which since 1-4-1936, became part of the then newly formed State of Orissa. All the applications involve substantially the same questions and are therefore dealt with together. 2. The trend of economic and political thought of the nation has insisted upon the abolition of Zamindari tenure and the elimination of intermediaries between the State and the cultivator as the first step in any general measure of agrarian reform. It has been considered that concentration of large blocks of land in the hands of a limited number of Zamindars denying fair distribution thereof to the...
Chandrasekhar Praharaj and ors. Vs. Pitambari Dibya
Court: Orissa
Decided on: Jan-28-1953
Reported in: AIR1953Ori315
Panigrahi, J. 1. The litigation giving rise to this appeal relates to two items of house property situated in the Bhasha Kosha Lane of Cuttack town, and to some movables. Plaintiff No. 1 is the son of the late Rai Bahadur Gopal Chandra Praharaj (hereinafter referred to as Praharaj) the compiler of the Purna Chandra Bhasha Kosha and a leading lawyer of the Cuttack Bar. Plaintiff No. 1 and his two sons plaintiffs Nos. 2 and 3, have jointly sued for a declaration of their title to, and for the recovery of possession of, the houses described in schedules A and B attached to the plaint. These houses constitute one contiguous block and lie within one compound. Schedule C gives a list of the movables belonging to Praharaj and left by him at the time of his death, in the disputed house and are now in the possession of the defendant. The defendant, Pitambari, is the younger sister of plaintiff No. 1's mother, Muktamani and she was living with Praharaj (father of the first plff.) in his house, i...
Hanantram and ors. Vs. the State
Court: Orissa
Decided on: Jan-27-1953
Reported in: AIR1953Ori233
Panigrahi, J.1. In these petitions the petitioners, five in all, seek a revision of the judgment of the First Class Magistrate, Angul, convicting them under B. 7, Essential Supplies (Temporary Powers) Act, 1946 (Act 24 of 1946), and sentencing them to various amounts of fine.2. The first four petitioners namely, Hunan-tram, Sohan Lal, Bhani Bam and Kishan Ram, belong to a trading family carrying on business in cloth and yarn at Dhenkanal, under the name and style of Nandaram Hunantram. Petitioners 1 to 4 are the sons of Nandaram and are the proprietors of the firm. They have also a branch of their firm at Angul, and petitioner, Paramananda Misra, is their local agent at Angul. All the petitioners have been found guilty of having contravened an order passed under Clause 5, Orissa Cotton Cloth Control Order, 1948, read with Orissa Government Notification No. 29986 ST., dated 30-7-1949.3. Three separate cases were started against the petitioners for alleged charging of a higher price for ...
Kishori Jena and anr. Vs. Rupa Jena and ors.
Court: Orissa
Decided on: Jan-27-1953
Reported in: AIR1953Ori285; 19(1953)CLT229
Panigrahi, J.1. This appeal arises out of a simple suit for declaration of title to and possession of lands appertaining to Khata 46 in Mouza Kuarnpur, after setting aside the rent sale in favour of defendant 1, Rupa Jena. The plaintiffs' case was that the suit properties were jointly recorded in the names of their father, Bichhanda and their uncles Dukhei (pro forma defendant 3) and Arts (pro forma defendant No. 4). Bichhanda and Dukhei were uterine brothers and Arts was their first cousin. Defendant 2, Motilal Pandit, is the landlord of the holding and defendant 1 is the auction-purchaser who purchased the property in execution of a rent decree in suit No. 1794 of 1938-39 on 22-12-39 and took delivery of possession through Court on 15-9-1941.The plaintiffs' case was that defendant 2 obtained a rent decree fraudulently on 20-8-1938 against the plaintiffs and their deceased brother, Ghasuri at a time when the plaintiffs were minors and Ghasuri was already dead. They also pleaded that D...
Gouranga Mohapatra Vs. State
Court: Orissa
Decided on: Jan-21-1953
Reported in: AIR1954Ori49
Panigrahi, J.1. The petitioner, Gouranga Mohapatra, has been convicted under Section 326, I. P. C. and sentenced to undergo rigorous imprisonment of six months and to pay a fine of Rs. 100/- in default, to undergo rigorous imprisonment of three months more.2. The case against the petitioner was that he, was an employee in the M. & S. M. colliery at Talcher and that he bore a grudge against P. W. 1, Mr. N.K. Bhattacharya, the Assistant Manager of the colliery, as the latter refused to recommend him for promotion to the post of Munshi. It is said that on 20-11-49, at about 7-30 A.M. Mr. Bhattacharya (P. W. 1) was going round the colliery, as usual, and went to the Token Office in the course of his daily supervision work. It is said that at that time, the petitioner appeared with a pick-axe and gave him a violent stroke, on his left buttocks, resulting in a grievous injury.3. The plea of the accused was that the whole prosecution case was foisted against him owing to differences between h...
Kshetromoni Panda and anr. Vs. Raghunath Patnaik and ors.
Court: Orissa
Decided on: Jan-20-1953
Reported in: AIR1953Ori255; 19(1953)CLT139
Mohapatra, J.1. This is a revision against an order of Sri R. N. Dhal Samanta, Magistrate,Ghumsur Russelkonda, dated 30-5-51, passed under 145, Criminal P. C., confirming the possession of the members of the 1st party. The learned Court below finds possession in favour of the 1st party relying upon quite a number of documents in respect of possession and the oral evidence of the witnesses whom he characterises as independent witnesses.2. Mr. H. Mohapatra, appearing on behalf of the petitioners, draws my attention to the preliminary order passed on 9-10-50. In the preliminary order, the Magistrate finds that he is satisfied that there is a dispute in respect of the immoveable properties between the parties leading to the likelihood of breach of the peace as appears from the police report dated 23-8-49. Mr. Mohapatra contends that the police report being more than 13 months before the preliminary order was passed, the preliminary order is illegal and without jurisdiction inasmuch as it w...
Balabhadra Raja Guru Mohapatra Vs. the State
Court: Orissa
Decided on: Jan-15-1953
Reported in: AIR1954Ori95
Panigrahi, J.1. This is a revision petition directed against the Judgment of the Additional Sessions Judge con-Arming a judgment of the Subdivisional Magistrate, Rayagada convicting the petitioner for contravention of Clause III(1), Orissa Food Grains Control Order, 1947. The case against him is that he was found carrying 50 bags or 100 maunds of ragi in a truck on 4-3-1950 to Jemidipeta beyondthe border of Orissa. The plea of the petitioner was that he had purchased it for himself and 9 others at Kakirigumma and that he was taking the goods to Pitamahal. The Orissa Food Grains Control Order of 1947 is an order passed by the State Government with the concurrence of the Central Government under Section 3(1), Essential Supplies (Temporary Powers) Act, 1946 (24 of 1946). Clause III(1) of the Orissa Order is ss follows:'III. (1) No person shall engage in any undertaking which involves the purchase, sale or storage for sale, in wholesale quantities of any food-grains except under and in acc...
Bhima Sahu and ors. Vs. Ramanath Sahu and ors.
Court: Orissa
Decided on: Jan-12-1953
Reported in: AIR1954Ori129
Narasimham, J.1. This is an application under Articles 226 and 227 of the Constitution against the appellate order of the Additional District Collector of Ganjam in a case under the Orissa Tenants Protection Act.2. The material facts are as follows: The opposite party claiming to be Bhag-chasis applied on 11-5-50 to the Second Officer of Berhampur for protection from eviction under Section 3, O. T. P. Act, alleging that they were cultivating some lands as Bhag-chasis on 1-9-1947 and that their immediate landlord, namely V.V. Raju, the predecessor-in-interest of the petitioners, was in possession of more than thirty-three acres of raiyati lands on 30-11-1947. They further admitted that they were forcibly dispossessed from the lands by the petitioners with the help of rowdies on 15-5-49 and that in a proceeding under section 145, Cr. P. C., in the Court of the Subdivisions Magistrate, Berhampur, the latter declared the petitioners to be in possession by his order dated 30-12-49. They, ho...
Sashibhusan Pati Vs. Mangala Biswal
Court: Orissa
Decided on: Jan-12-1953
Reported in: AIR1953Ori171
Narasimham, J. 1. This is a petition under Article 226 of the Constitution for a declaration that the provisions of the Orissa Tenants Protection Act, 1948 (Orissa Act 3 of 1948) are void as being inconsistent with the fundamental rights guaranteed Hinder the Constitution and that proceedings under that Act pending in the Court of the Second Officer, Russelkonda, in Misc. Petition No. 38 of 1950 are without jurisdiction.2. The petitioner claims to be the owner of about 22 acres of agricultural land in Canjam district. He alleged that formerly he allowed the opposite party to cultivate about five acres of his land; but as the latter defaulted in payment of rent he evicted him as early as 1946 and took over the cultivation of the said land through his farm servants. In January 1948, the Orissa Legislative Assembly passed, an Act entitled the Orissa Tenants Protection Act, 1948, which having been assented to by the Governor-General, came into force in all the districts of the old Province...
Hadibandhu Biswal Vs. Harekrushna Patra and ors.
Court: Orissa
Decided on: Jan-12-1953
Reported in: AIR1953Ori326
Narasimham, J. 1. This is an application under Articles 226 and 227 of the Constitution against the appellate judgment of the Additional District Collector of Cuttaek remanding a petition under the Orissa Tenants Protection Act for further hearing by the Orissa Tenants Protection Act Officer under the following circumstances.2. Petitioner Hadibandhu Biswal claimed to be a Bhag-chasi in respect of 3.55 decimals of land under the opposite party and filed an application before the O. T. P. Act Officer, Cuttaek, seeking his protection against his apprehension that he may be evicted from a portion of his bhag lands. He further alleged that he had been forcibly dispossessed from fourteen gunths of the bhag land. Opposite party No. 1 Harekrushna Patra who was the only contesting party entered appearance before the O. T. P. Act Officer and urged that the petitioner was never in possession of the land and that as the opposite party was the owner of less than thirty three acres of raiyati land t...
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