Orissa Court February 1953 Judgments
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Panua Bhoi and ors. Vs. Mahanta Jagannath Ramanuj Das and ors.
Court: Orissa
Decided on: Feb-26-1953
Reported in: AIR1953Ori312; 19(1953)CLT226
ORDERNarasimham, J. 1. This is a revision petition by the second party against an order under Section 145, Cr. P. C. passed by a first class Magistrate of Puri declaring the first party (opposite party) to be entitled to possession of the disputed property which consists of about 60.67 acres in village Rebatiraman, P. S. Sadar, in the district of Puri. About nine acres of the disputed property consist of paddy lands and the rest are cocoanut gardens, orchards and tanks. The opposite party's case was that the entire property was in their actual possession and that the ancestors of the petitioners were just allowed to reside in the coccanut garden and render service to Lord Jagannath on ceremonial occasions. The petitioners however contended that their ancestors reclaimed the lands, laid up cocoanut gardens and orchards and prepared paddy fields which they were holding on bhag basis under the first party. Both sides led evidence ; but the learned Magistrate preferred the evidence of the ...
Gurucharan Samal Vs. the State
Court: Orissa
Decided on: Feb-11-1953
Reported in: AIR1953Ori258; 19(1953)CLT281
Panigrahi, J.1. In tills revision the correctness of the conviction of the petitioner is challenged, and the only point argued before us is that his trial is vitiated by a misjoinder of charges.2. The petitioner was the Postmaster of the experimental Branch Post Office at Kotpur under the Dharmsala P. S. in Cuttack district and in that capacity he received three postal money orders from the Dharmsala Post Office, for disbursement to the payees. The three money orders are:(i) M. O. No. 89, dated 18-12-48 for Rs. 80/-payable to one Moti Bewa;(ii) M. O. No. 4824 dated 2-2-49 for Rs. 60/-payable to one Baidhar Parida; and(iii) M. O. No. 4825 dated 2-2-19 for Rs. 20/-payable to one Rai Chandra Parida.The prosecution case was -- and it has been proved to the satisfaction of the Courts below --that the petitioner forged the thumb impressions of the payees on the money order vouchers, falsified the accounts of the Branch Post Office, and committed criminal misappropriation of the amounts cover...
S.M. Bose Vs. Secy., Board of Revenue
Court: Orissa
Decided on: Feb-11-1953
Reported in: AIR1953Ori288; 19(1953)CLT220
Mohapatra, J.1. This is a reference made by the Board of Revenue, Orissa under the provisions of Section 29, Orissa Agricultural Income-tax Act. The question referred to us is 'whether on the facts of the case as recorded above, the salami of Rs. 20,768/- received by the petitioner Shri S. M. Bose, Proprietor of Rutton Estate, Tuisipur. Cuttack towards settlement of agricultural lands constitutes agricultural income or capital gains'. The question arises under the following facts; The petitioner realised the above sum of Rs. 20,768/- as salami by settling tenants in respect of certain Nijchas, Nijjote, Anabadi and Nilam-Kharid lands of the Rutton Estate, Tuisipur, Cuttack. The petitioner's case is that settlements are oral and the tenants have obtained occupancy right by virtue of the settlements. The rents have been fixed by an enquiry in accordance with the rents paid in respect of similar lands in the vicinity. Indeed, the rent is not the village rent. The salamis are fixed by aucti...
State Vs. Radhagobinda Das and ors.
Court: Orissa
Decided on: Feb-09-1953
Reported in: AIR1954Ori1
Mohapatra, J. 1. The present contempt proceedings arise under the following circumstances : -- Sri Sripati Nanda, IPS.. Deputy secretary to the Government of Orissa (Enforcement), Cuttack, on 5-4-1952, wrote a demi-official letter to Radhagobinda Das, IAS., District Magistrate, Cuttack. The letter is D. O. No. 12533/Enf. 59/52. The letter runs to the effect: 'Sri S. Nanda, I. P. S., Deputy Secretary to Govt. GOVERNMENT OF ORISSA (Enforcement), Orissa, SUPPLY DEPARTMENT Cuttack. (ENFORCEMENT & ANTICORRUPTION) D. O. No. 12533/Enf. 59/52 Dated, Cuttack, the 5th April, 52. Mr. Dear Das, A prosecution report against M/S. Nathmal Sitaram, cloth dealer of Bakharabad, Cuttack town is being sent to you. This is a spectacular case in which a large quantity of clothes was hoarded by the accused dealer (a Marwari merchant) by fabricating a false account of sale. I am, therefore, to request you to please ensure speedy trial of this spectacular case and intimate the result. Yours faithfully,Sd/-...
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