Orissa Court January 1954 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Hira Dei Vs. Bodhi Sahu and ors.
Court: Orissa
Decided on: Jan-27-1954
Reported in: AIR1954Ori172
Panigrahi, C.J.1. This is a second appeal by the unsuccessful defendant, Hira Bewa, the widow of one Ainthu Sahu, and raises an interesting question of Hindu law. Ainthu died issueless sometime before the settlement of V S 1322 (1915) leaving him surviving his widow Hira Bewa and her name was recorded in the Settlement papers of the year 1915. Soon afterwards she remarried one Gadadhar Sahu and has been living with him for the last 35 years. The plaintiffs are the agnates of the deceased Ainthu Sahu and claim to have been in possession of the disputed lands ever since Hira's remarriage. As the widow was trying to alienate the same the plaintiffs raised this suit for a declaration of their title and confirmation of possession with a prayer for a permanent injunction against the defendant.2. Both the Courts below have concurrently found that the plaintiffs have been in possession of the disputed lands ever since the re-marriage of the defendant with Gadadhar Sahu. The substantial content...
Dulhabh Seth and anr. Vs. Bharat Seth and ors.
Court: Orissa
Decided on: Jan-27-1954
Reported in: AIR1954Ori212; 20(1954)CLT323
Panigrahi, C.J.1. This appeal arises out of a suit by the rever-sioners for possession of certain lands which were till recently in the possession of one Kausalya. Kausalya succeeded to the properties on the death of her son Kartick in 1905. Kartick died unmarried and issueless. In 1907 Kausalya re-married one Bigna Sethi and through this union Bakul, the father of the defendants (appellants) was born. Kausalya died in 1946, and the suit outof which this appeal arises was filed on 14-2-1946 by the reversioners of Kartick. The plea taken on behalf of the defendants is that Kausalya forfeited her right to the suit lands on her re-marriage and that she prescribed for an absolute title by reason of her possession after remarriage, such possession Having become adverse to the true owners. It is admitted that second marriage of widows is permitted in the caste to which the parties belong. It is also undisputed that Kausalya's possession was that of a mother and that her interest in the prope...
Fakirnath Vs. Krushnachandra Nath and ors.
Court: Orissa
Decided on: Jan-23-1954
Reported in: AIR1954Ori176
Mohapatra, J.1. This appeal has been filed by defendant No. 1 against the judgment dated 20-9-1950 of Sri A. Misra, Subordinate Judge of Keon-jhar confirming the decision of the trial Court. The plaintiff's suit is one for declaration of his title on the basis that he is the adopted son of Gopi and for confirmation of possession or in the alternative for recovery of possession.One Bauri Nath had four sons, Ainthu, Chaitan, Gopi ana Fakir. After the death of Bauri, Ainthu separated from the other three brothers and enjoyed his four annas share separately. Thereafter, Fakir (defendant No. 1) separated and possessed his four annas interest separately since 1335. Chaitan and Gopi remained joint. Chaitan died leaving his two daughters Naba and Lata, Natabar first married Naba and after the death of Naba he also married Lata. The plaintiff is the natural born son of Natabar and Lata. According to the plaintiff, he was adopted by Gopi in the year 1945. Defendants 2 and 3 are the sons of Ainth...
Babulal Agarwalla Vs. Province of Orissa and ors.
Court: Orissa
Decided on: Jan-21-1954
Reported in: AIR1954Ori225
Narasimham, J.1. These two appeals arise out of the judgment and decree passed by the Subordinate Judge of Puri in a suit brought by one Babulal Agarwalla, a merchant of Faridpur district in East Bengal, claiming damages for alleged illegal and malicious seizure of several bags of rice on various dates in June and July, 1943. The learned Subordinate Judge decreed his claim for damages in respect of seizure of some bags of rice on three dates (16-7-1943, 22-7-1943 and 27-7-1943); but dismissed his claim in respect of seizure on other dates.F. A. No. 18 of 1946 was filed against that portion of the judgment of the Subordinate Judge which disallowed his claim and P. A. No. 23 of 1946 was filed by two of the police officers against whom the learned Subordinate Judge had given a decree for damages for unlawful seizure. Both the appeals were heard together for the convenience of all concerned and will be dealt with in one judgment.2. During the year 1943 the second world war was going on wit...
State of Orissa Vs. Banshi Nayak, (Accused)
Court: Orissa
Decided on: Jan-20-1954
Reported in: AIR1954Ori163
Mohanty, J. 1. This is an appeal by Government from the order of the Additional Sessions Judge, Cuttack, acquitting the accused Banshi Naik of the charge under Section 302, I. P. C.2. Banshi was a resident of Keonjhar State. The deceased (Tinka Dei) was a resident of Sukinda. She had a house belonging to her brother at Sukinda. Tinka was caste female of the accused. She went to Keonjhar and remained there for about three years as the concubine of the accused. About three years back both the accused and Tinka went away to Sukinda where they stayed in the house belonging to the brother of Tinka. Sometime thereafter the wife and children of the accused came away from Keonjhar and stayed in the same house at Sukinda.Thereafter Tinka left the house at Sukinda for some unknown destination and stayed out for some six months. She then returned to Sukinda with an illicit pregnancy. However, in spite of the objection of the caste people, the accused took her back to the house; and it is why the ...
The State Vs. Editors, Printers and Publishers of the Newspapers Matru ...
Court: Orissa
Decided on: Jan-20-1954
Reported in: AIR1954Ori149
Narasimham, J.1. This case was started on a reference made by the Sub-divisional Magistrate of Cuttack, against the Editors, Printers and Publishers of two Oriyanewspapers of Cuttack named 'Matrubhumi' and 'Krushak' on the allegation that during the pendency of two criminal cases of defamation (C. C. No. 787 of 1952 and C. C. No. 786 of 1952) the said papers published a series of articles which have a tendency to interfere with the fair trial of those cases and that the Editors, Printers and Publishers have committed contempt of Court.2. The said two complaint cases were filed before the Sub-divisional Magistrate of Cuttack, Sadar, by one Sri Bijayananda Patnaik who has figured somewhat prominently both in the political and industrial circles of Orissa in recent years. He is a member of the Orissa Legislative Assembly and belongs to the Congress Party which has been the Party-in-office ever since the Congress came to power in 1947. It has been alleged and not denied that he is a close ...
State of Orissa Vs. Banshi Nayak
Court: Orissa
Decided on: Jan-20-1954
Reported in: 1954CriLJ980
Mohanty, J.1. This is an appeal by Government from the order of the Additional Sessions Judge, Cuttack, acquitting the accused Banshi Naik of the charge under Section 302, I. P. C.2. Banshi was a resident of Keonjhar State. The deceased (Tinka, Dei) was a resident of Sukinda. She had a house belonging to her brother at Sukinda. Tinka was caste female of the accused. She went to Keonjhar and remained there for about three years as the concubine of the accused. About three years back both the accused and Tinka went away to Sukinda where they stayed in the house belonging to the brother of Tinka, Sometime thereafter the wife and children of the accused came away from Keonjhar and stayed in the same house at Sukinda.Thereafter Tinka left the house at Sukinda for some unknown destination and stayed out for some six months. She then returned to Sukinda, with an illicit pregnancy. However, in spite of the objection of the caste people, the accused took her back to the house; and it is why the...
Akulananda Rout Vs. State
Court: Orissa
Decided on: Jan-13-1954
Reported in: AIR1954Ori210; 20(1954)CLT112
ORDERNarasimham, J. 1. This revision is against an order under Section 137 Cr. P. C. passed by the Subdivisional Magistrate of Dhenkanal directing the petitioner to remove a fencing which was said to have been erected by him on plot No. 410 of village Kandabindha. It was alleged that the petitioner blocked a rasta by putting a fence over plot No. 410. The learned Magistrate started a proceeding under Section 133 Cr. P. C. and first passed a conditional order on 22-8-53. The petitioner appeared and showed cause and then instead of proceeding under Section 139A Cr. P. C. to ascertain whether the petitioner was denying the existence of any public right of way over the disputed plot the learned Magistrate heard the evidence of both parties and passed a final order under Section 137 Cr. P. C. The order of the learned Magistrate cannot obviously be supported inasmuch as he had failed to comply with the mandatory provisions of Section 139A. Cr. P. C. In a dispute of this type where the public...
Bhagban Sahu and anr. Vs. Dasarathi Sahu and ors.
Court: Orissa
Decided on: Jan-12-1954
Reported in: AIR1954Ori178; 20(1954)CLT115
Mohapatra, J.1. These Civil Revisions are against the order dated 5-5-1952 of Sri P. C. De, Subordinate Judge of Berhampur, in O. S. No. 23 of 1943, directing the receivers to realise, by summary procedure,the unpaid balance consideration of Rs. 3,75,000/- in respect of sale-deeds dated 14-11-1947 in favour of the petitioners (National Agencies at Cuttack and Berhampur) for a consideration of Rs. 6,00,000/-. The subject matters of the aforesaid conveyances dated 14-11-1947 are AskaSugar Works and Distillery at Aska and Paramananda Saw Mills at Russelkonda.2. The parties to the Partition Suit No. 23/ 1943 are the members of the Berhampur Sahu family well known in the locality as an aristrocratic and rich family. It is to be mentioned that the family are involved in heavy debts and there are quite a number of creditors including judgment-creditors. On the basis of a petition for appointment of receiver in respect of the properties involved in the partition suit, by the order of the High ...
- ‹ Prev
- Next ›