Orissa Court December 1953 Judgments
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Muhammad Khan Vs. Gourishankar Misra
Court: Orissa
Decided on: Dec-16-1953
Reported in: AIR1954Ori193; 20(1954)CLT188
ORDERPanigrahi, C.J.1. This is a revision directed against an order of acquittal passed by the Sessions Judge, Sambalpur, in an appeal against the conviction of the opposite party, Gouri Shankar Misra, who is said to be a Pleader of Sambalpur. The facts giving rise to this petition are that the opposite party filed Money Suit No. 213 of 1936 in the Court of the Munsiff, Sambalpur, on the foot of a money-bond, Ext. A-1, dated 22-6-32, against one Kruttibas Naik who is said to be his maternal uncle. The debt was originally contracted by Kruttibas Naik and his brother from the father of the opposite party. One of the debtors paid up his share of the debt and for the share of Kruttibas a fresh bond was taken in the name of the opposite party. The bond recites :'Prom your father, I and my brother had incurred a loan of Rs. 500/- by executing a bond, towards the interest of which we had paid Rs. 120/-. Rs. 366/- is the share payable by me, being half of the total dues thereunder. As the dues...
Makaradhwaj Sahu and anr. Vs. the State
Court: Orissa
Decided on: Dec-11-1953
Reported in: AIR1954Ori175
ORDERPanigrahi, C.J.1. The two petitioners have been convicted under Section 188, I.P.C. Petitioner No. 1, Makardhwaj has, in addition, been convicted under Section 353, I.P.C. The prosecution case is that P.W. 1 the Forester along with P.W. 2 and P.W. 3 two Forest Guards, went to the house of one Kalandi for making a search of his house, armed with a search warrant from the Divisional Forest Officer, on 4-3-1953. It is said that the two petitioners did not allow them to enter into the courtyard saying that they would not allow any search. Petitioner Makardhwaj is alleged to have asked them to get away and pushed back the two forest guards. On these facts the petitioners were charged and convicted of having committed an offence under Sections 186 and 353, I.P.C.2. In revision Mr. Sahu raised a very interesting point of law and urged that the prosecution has not been validly instituted. It appears that the Forester reported to the Divisional Forest Officer who, in his turn, reported to ...
Hati Pratihari and anr. Vs. Alekh Mohapatra and ors.
Court: Orissa
Decided on: Dec-08-1953
Reported in: AIR1954Ori136; 20(1954)CLT324
Mohapatra, J.1. This is an appeal against the judgment dated 20-7-1949 of Sri S. K. Mohapatra, Additional Subordinate Judge of Puri, confirming the decree dated 8-9-1948 of Sri N. K. Das, Munsif of Puri, arising out of a suit brought by the plaintiffs for specific performance of contract alleged to have been entered into between the plaintiffs and the original defendant 1 (Jagabandhu Mohapatra) as manager of the Hindu joint family consisting of himself, and his minor sons and nepnews (defendants 2 to 8).Jagabandhu and Dinabandhu were two brothers. Dinabandhu predeceased Jagabandhu in a state of jointness leaving his widow Suryamani and his two minor sons (defendants 7 and 8). The original defendants 2 to 6 are the sons of Jagabandhu who were minors at the first date of the contract, that is, 20-6-1942 but defendant 2 attained majority in the meantime and defendant 1 (Jagabandhu) died during the pendency of the suit. The plaintiffs' case is that the said Jagabandhu executed an agreement...
Batakrushna Sahu and anr. Vs. Kunja Behari and anr.
Court: Orissa
Decided on: Dec-08-1953
Reported in: AIR1954Ori132; 20(1954)CLT373
Narasimham, J.1. This appeal is by defendants 1 and 2 against the appellate judgment of Additional District Judge of Cuttacb confirming the judgment of the Munsif of Cuttack decreeing the plaintiff's suit for declaration of title and recovery of possession of a piece of homestead land situated in Cuttack town.2. In the Current Settlement (See Ext. 4) the disputed property was recorded under Khata No. 846 in the names of Haudi Bewa and Dura Bewa, the two widows of one Natha Behera. The said khata consisted of the following two plots; plot No. 1210 having an area of .035 cents, piot No. 1211 having an area of .004; the first plot was recorded as 'gharbari' and the second plot as 'dpkan'. The nature of right of the said two widows was recorded as that of 'Darpattadar'. Defendants 1 and 2 are admittedly the Pattadars in respect of the two plots under the Khasmahal who is the superior landlord.3. The plaintiff's case was that Natha Behera had a permanent tenancy right in the said two plots ...
H. Naik, Vs. Jitendranath Das
Court: Orissa
Decided on: Dec-01-1953
Reported in: AIR1954Ori139; 20(1954)CLT345; [1954]24CompCas294(Orissa)
ORDERNarasimham, J.1. This is an execution petition filed by the official liquidator of Purl Bank Ltd. (which is Banking Company) against one Sri Jitendranath Das against whom an ex parte decree was obtained by the liquidator on 17-1-1951 in M. S. No. 25 of 1951. When the notice under Order 21, Rule 22, C.P.C. was served on the judgment-debtor the latter filed two petitions stating that he had already filed a petition before the District Judge of Mayurbhanj for being adjudged an insolvent and requesting this Court to grant him permission under Section 171, Companies Act, read with Section 2, Banking Companies Act, 1949, to proceed with the said insolvency petition at Baripada. On behalf of the liquidator, however, an objection was taken to the filing of such an insolvency petition by the judgment-debtor and it was urged that under Section 45A, Banking Companies Act, 1949, as amended by the amending Act of 1950 (Act 20 of 1950) this Court alone had jurisdiction to entertain the insolven...
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