Orissa Court October 1953 Judgments
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ZahiruddIn Muhommed Vs. M. Subba Rao
Court: Orissa
Decided on: Oct-28-1953
Reported in: AIR1954Ori130
Mohapatra, J.1. It is the unsuccessful defendant in both the Courts below who has filed this Second Appeal against the decree and judgment dated 28-2-1949 of Sri B. S. Patnaik, Additional Subordinate Judge of Cuttack, confirming the decree and judgment in favour of the plaintiff by Sri T. V. Rao, Second Munsif of Cuttack. The plaintiff, who happens to be a senior member of the Cuttack Bar, brought the suit for recovery of his dues under two registered simple mortgage bonds executed by the defendant on 22-9-1933 and 16-1-1943, the mortgage bonds being for consideration of Rs. 670/- and Rs. 800/- respectively. The properties described in the Schedule KA were mortgaged by the first transaction and those described in Schedule KHA by the second transaction. The plaintiff has claimed. Rs. 1339/- as the due towards the first mortgage bond and Rs. 832/11/3 as the due towards the second transaction as per accounts given in the plaint.The defence which is pertinent for our purpose is only in res...
Sriram Agarwalla and ors. Vs. Sagarmal Modi
Court: Orissa
Decided on: Oct-27-1953
Reported in: AIR1957Ori8
Panigrahi, C.J. 1. This second appeal arises out of a suit for damages for breach of contract. The admitted facts are that the defendants agreed to supply 4,000 maunds of sabai grass F.O.R. Pendra Road at Rs. 2-1-0 per maund, and received Rs. 1000/- as deposit. One of the stipulations, among others, embodied in the contract was that the defendants should go on supplying sabai grass, and receiving the price from time to time, while the plaintiff, in his turn, was to supply wagons according to the defendants' requirements every month.In the event of the plaintiff's failure to supply the wagons, he was bound to take charge of the goods lying in the godown of the defendants on payment of the entire price due on the same. The contract was agreed to be performed by 30-6-1945.2. The facts, found by both the Courts below are these. The defendants intimated to the plaintiff, by a letter, Ex. B-1 dated 19-1-45 that ten wagons were required for delivery of the sabai grass that had already been co...
Anjani Dei Vs. Krushna Chandra and anr.
Court: Orissa
Decided on: Oct-26-1953
Reported in: AIR1954Ori117
Mohapatra, J.1. This is a plaintiff's First Appeal against the judgment and decree dated 14-5-1949, of Sri B.S. Patnaik, Additional Subordinate Judge of Cuttack, in a suit brought by the plaintiff for recovery of arrears of maintenance, for future maintenance, and for recovery of the value of gold and silver ornaments alleged to have been forcibly kept back from the plaintiff by the defendants. Defendant No. 1 is the husband of the plaintiff and defendant No. 2 is the father of defendant No. 1. Admittedly the plaintiff and defendant No. 1 married in the month of Baishakha, 1943. The plaintiff left the defendant's house in Ashardha, 1944 and has not gone to her husband's place since then. The further admitted feature of the case is that defendant No. 1 married another wife in Ashardha, 1945. The plaintiff's case is that she comes of a fairly well-to-do family, her father being an Union President and also a contractor. The defendants are also sufficiently rich owning properties valued at...
State Vs. Radhakanta Patnaik
Court: Orissa
Decided on: Oct-09-1953
Reported in: AIR1954Ori213
Mohanty, J. 1. This is an appeal by the Government under Section 417, Cr. P. C., from the order of the Magistrate, 1st Class, acquitting Sri R. K. Patnaik of the charges under Sections 409, 420 and 465, I. P. C.2. The accused Radhakanta Patnaik was the section officer, Manijanga, under the S. D. O., P. W. D., Jagatsingpur, in December 1950. On 17-12-1950, the then Chief Engineer Mr. Shaw, Irrigation Department, Orissa, intimated to the S. D. O., P. W. D., Jagatsingpur, that he would tour on the canal embankment from Santra Bundh to Paradwip from 24th to 27th December, 1950. He wanted the canal bund to be made motorable, vide Ext. 1. The S. D. O. (P. W. 1) directed the accused to 'keep the canal embankment from Anantapur to Paradip in motorable condition on 26th and 27th December', vide Ext. I-a. The order was communicated to the accused on 20-12-50, vide Ext. I-b. The evidence on the record is to the effect that the accused-section-officer personally came to S. D. O.'s office, where th...
Hari Hara Singh Vs. Harihar Patnaik and ors.
Court: Orissa
Decided on: Oct-07-1953
Reported in: AIR1954Ori101; 19(1953)CLT491
Panigrahi, C.J.1. This is a writ application filed by the Ruler of Khandapara praying for the issue of a writ to quash the proceedings taken by the Sub-Deputy Collector, Khandapara, under the Orissa Tenants Protection Act, 1948 (Orissa Act 3 of 1948) in Orissa Tenants Protection Act Cases Nos. 23 to 30, 32 to 34 and 36 to 41. In all these cases the Sub-Deputy Collector held that the petitioner had violated the provisions of Section 3, Orissa Tenants Protection Act and directed him to restore possession of the disputed lands to the opposite parties within a week of the receipt of his order. He further directed the petitioner to show cause why the penalty of fine under Section 10 of the said Act should not be imposed on him. The petitioner did not take part in the proceedings before the Sub-Deputy Collector as, according to him, they were without jurisdiction.2. A contention was raised on behalf of the petitioner that the Orissa Tenants Protection Act constituted a violation of Article 1...
Gajendra Prasad Rautarai and ors. Vs. Chairman, Cuttack Municipality a ...
Court: Orissa
Decided on: Oct-06-1953
Reported in: AIR1954Ori76
Mohapatra, J.1. This petition under Article 226 of the India Constitution has been filed on behalf of the villagers of village Gandarpur with a prayer for issue of a writ of mandamus or any other suitablewrit or direction under the following circumstances: That the village Gandarpur by Notification dated 7-2-1945, along with other villages was included within the Municipality of Cuttack that thereafter in the year 1946 house-taxes were imposed on the villagers at the rate of 74 per cent, of the valuation of the holdings and the villagers have been paying the house-taxes on the above rate since 1-4-1347; that by an Amending Act of Orissa the maximum rate of assessment or house-taxes was raised from 71/2 per cent, to 121/2 per cent. The petitioners' further case is that since April, 1950 the villagers were paying house-taxes at the rate of 121/2 per cent, of the valuation of the holdings; that thereafter the Orissa Municipal Act having come into force from 16-4-1951, the maximum rate of ...
Mohan Prasad Singh Deo Vs. the State of Orissa and anr.
Court: Orissa
Decided on: Oct-06-1953
Reported in: AIR1954Ori97; 19(1953)CLT530
Panigrahi, C.J.1. This is an application by the proprietor of Bodogodo Estate in Ganjam district, under Art. 226 of the Constitution, praying for the issue of a direction in the nature of mandamus against the State of Orissa and the Taluk Officer, Surada, restraining them from executing a distraint order issued by the Collector of Ganjam for the recovery of the costs of survey and preparation of the record-of-rights of the petitioner's estate. The said distraint order was issued for the recovery of a sum of Rs. 48,044/- and odd and was served on the petitioner on 16-3-1951.The distraint order purports to have been issued under Section 8, Madras Revenue Recovery Act 1864 (Act 2 of 1864) against the proprietor who became a defaulter on failure to pay up the amount. A number of cars belonging to the petitioner, one silver Tamjan, one silver Hauda and some other movables were attached and notified for sale at a public auction.2. The petitioner contends, in the first place, that he is not l...
Narashingh Das Vs. Municipal Council of Deogarh
Court: Orissa
Decided on: Oct-06-1953
Reported in: AIR1954Ori131
Panigrahi, C.J.1. This is an application under Article 226 of the Constitution praying for the issue of a writ of mandamus prohibiting the opposite party, the Municipal Council of Deogarh, which was a part of the former State of Bamra, from collecting a levy known as octroi duty from the petitioner.2. The case for the petitioner is that the municipality of Deogarh while it formed a part of the State of Bamra used to collect a tax at the rate of three pies per rupee on the purchase price of articles imported into Deogarh town for sale and that this tax was being levied by the Municipality till October 1952. The petitioner objected to the payment of this tax as being opposed to the provisions of the Orissa Municipal Act, 1950, (Act 23 of 1950) which came into force on 16-4-1951 in that area.3. The opposite party relies on a resolution passed by the now defunct Municipality of Deogarh and contends that the imposition of the said octroi duty was legally levied at the time it was imposed wi...
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