Orissa Court April 1953 Judgments
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Krushna Behera Vs. Fakir Mahakud and anr.
Court: Orissa
Decided on: Apr-15-1953
Reported in: AIR1953Ori290
Panigrahi, C.J.1. This appeal raises a novel point of law, namely, whether the consent of a female reversioner to an alienation made by a limited owner is presumptive proof of legal necessity for the same.2. The short facts are that Bidu, father of defendant 1 and Raghu, father-in-law of defendant 2, were brothers. Raghu died leaving him surviving his widow, Indu, and his son Hadi. Hadi died in the year 1940, leaving his widow Sarada, defendant 2. Defendant 2 and her mother-in-law Indu jointly executed a deed of saJe in favour of the plaintiff-appellant on 22-7-1942 conveying three and odd acres of land for Rs. 200/-/-. The plaintiff's possession was disturbed by the first defendant and hence the suit (out of which the present appeal arises) was filed for confirmation of possession or recovery of possession in the alternative. Defendant 1 pleaded that he and Hadi were joint and that on Hadi's death he succeeded by right of survivorship. He disputed the genuineness and validity of the s...
Pratap Kishore Mohanty and anr. Vs. Gyanendranath Mohanty
Court: Orissa
Decided on: Apr-13-1953
Reported in: AIR1953Ori298; 19(1953)CLT442
Mohapatra, J. 1. This is an application for leave to appeal to the supreme Court against the judgments dated 26-1-51 in Second Appeal No. 208 of 1947 confirming the decision of Sri C. C. Coari, District Judge of Cuttack, dated 10-3-47 in Sub-Judge Appeal No. 196 of 1940. 2. The facts are fully and elaborately stated in the judgments of the Second AppeaJ, which has been reported in -- 'Pratap Kishore v. Gyanendra-nath', A. I. Rule 1951 Orissa 313 (A). The facts, necessary to appreciate the points, raised in this petition for leave, are, in short, as follows : The Original Suit was tried by Sri G. C. De, Addl. Subordinate Judge of Cuttack; after the arguments, were closed, Sri De fell ill and took leave preparatory to retirement, and, therefore, could not write out the judgment; thereafter the records were sent back to Sri De for writing out the judgment, and, in fact, he wrote out and signed the judgment at a time when he had already retired; the ordering portion of the judgment is : 'H...
Jagabandhu Das and ors. Vs. Babaji Jena and ors.
Court: Orissa
Decided on: Apr-08-1953
Reported in: AIR1953Ori274
Panigrahi, C.J. 1. These are three civil revision petitions filed under Section 15) Civil P. C., seeking to revise the orders passed in three cases by the Collector acting under the Orissa Tenants Protection Act (Orissa Act 3 of 1948). C. R. 301/1949 was presented on 12-10-49 against an order of the Additional District Magistrate, Cuttack, confirming the order passed by the Sub-divisional Magistrate, Jaipur allowing the opposite party tenants to cultivate the disputed lands. C. R. 350/1949 was filed on 10-12-49 challenging the correctness of an order passed by the Additional District Magistrate, Puri, in appeal, against an order of the Sub-Deputy Collector, Khurdha, permitting the tenant-opposite parties to cultivate the lands and imposing a fine of Rs. 100/- on the petitioners under Section 10 (1), Orissa Tenants Protection Act. The order imposing the fine was, however, set aside by the Additional District Magistrate, while the order directing the tenants to be put in possession was c...
Krushna Mohan and ors. Vs. Sudhakar Das and ors.
Court: Orissa
Decided on: Apr-06-1953
Reported in: AIR1953Ori281; 19(1953)CLT330
Narasimham, J.1. This is a revision petition against an order dated 8-2-52 passed by Mlv. S. Ali, a 1st Class Magistrate of Cuttack, in a proceeding under Section 145, Criminal P. C. The petitioners were the second party in that proceeding, the opposite party being the first party. The proceeding was initiated by the Subdivisional Magistrate on 11-1-50 on the basis of a police report and the usual notices to both parties were directed to issue. On 15-3-50 both parties appeared before the Court and the first party filed their written statement on the same date whereas the second party filed their written statement on 6-4-50. The case was then transferred to the file of Sri N. N. Mitra, Magistrate 1st Class for disposal. After some adjournments the case was fixed for hearing on 10-3-51 on which date the first party were absent. The learned Magistrate then passed the following order :'10-3-51. The 1st party is absent. There is no hazira. No lawyer appears. There is no response in spite of...
Mobarak Ali Vs. Dinabandhu Sahu and ors.
Court: Orissa
Decided on: Apr-06-1953
Reported in: AIR1953Ori296; 19(1953)CLT484
Mohapatra, J. 1. These two miscellaneous appeals arise out of execution proceedings in execution of a decree obtained by the Cuttack Bank Limited against Kashinath Das and others for a sum of Rs. 5,000/- and odd, the decree being dated 27-7-1939. In Misc. Case NO. 116 of 1947, out of which M. A. 93 of 48 arises, Rabindranath Das, alleging to be the adopted son of Golak Chandra Das, deceased and Judgment-debtor No. 6 Gourang Gharan Das filed an objection under Section 47, Civil P. C., that the sale which took plaoe on 5-5-1947,was void against the interest of the deceased Golak Chandra Das, who died on 15-11-1946. In Misc. Cases Nos. 137 and 138 of 47 out of which M. A. 92of 43 arises, purchasers of the portions of the mortgaged property on 8-3-1941, made an appli-cation under Section 47, C. P. C., and also under Order 21, Rule 90, C. P. C., alleging the sale to be voidand also with a prayer for setting aside the sale on the allegation that in the execution proceedings on the applicatio...
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