Orissa Court August 1954 Judgments
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Jagatguru Sankaracharya Bharati Tirtha Krishna Swamy Vs. Bhagabat Diso ...
Court: Orissa
Decided on: Aug-30-1954
Reported in: AIR1955Ori64; 21(1955)CLT72
Panigrahi, C.J. 1. The question raised in this revision is whether the Civil Court has jurisdiction to entertain the suit. The suit was one for recovery of rent due from the defendant in respect of a piece of homestead land. The land was recorded in the name of the defendant, as Stithiban in the Provincial Settlement of 1899 and the rent fixed was 160 Handis and Kudias per year, in lieu of cash rent, in the year 1933 the defendant executed a registered Kabuliyat (Ext. 1) by which he agreed to deliver 350 Kudias and 350 Handis, with an approximate value of Rs. 5/-/- per annum. A suit for arrears of rent was instituted in O. S. 289 of 1946 in the Court of the Munsif, Puri, but it was ultimately compromised in the year 1949 (Ext. 4). The present suit was raised for realization of rent for the years 1949 and 1950. The defendant contended that the Civil Court had no jurisdictionto entertain the suit as it was one between a landlord and a tenant for recovery of rent. The Courts below have up...
Ramdhan Das Ram Kissan Firm Vs. Kishori Chand Geor Firm
Court: Orissa
Decided on: Aug-27-1954
Reported in: AIR1954Ori254
Narasimham, J.1. This is an appeal by the defendant-firm again the concurrent decisions of the two lower Court decreeing the plaintiff-firm's suit for damages of breach of contract.2. The plaintiff and the defendant are two firm carrying on business in Cuttack town. The plain tiff-firm alleged that the defendant-firm entered to two forward contracts dated 22-8-45 and 23-8-45 with them for the supply of a certain quantity of tobacco of the variety known as 'Motichur K. G. No. 2' at the stipulated prices. The due date for the first contract was 19-11-45 and for the second contract 19-12-45. It was alleged that the defendant firm failed to supply the goods on the stipulated dates and the plaintiff firm, therefore, claimed damages on the basis of the difference between the contracted rate and market rate for the goods 19-11-45 and 19-12-45.3. The defendant firm, however, denied the fire contract altogether. They admitted the second cortract but alleged that they were unable to supply the g...
N.V. Jagannadhayya Vs. Ramanatha Mohapatra
Court: Orissa
Decided on: Aug-12-1954
Reported in: AIR1955Ori11; 20(1954)CLT568
Panigrahi, C.J.1. This appeal raises an Interesting point of law relating to the principle of equity of relief against forfeiture in a contract for sale of goods. The plaintiff-appellant agreed to purchase, and the defendant agreed to sell 200 garces of paddy at Rs. 225/- per garce, and the delivery was to be made between Bhadra Furnima and Margasir Purnima of that year. In pursuance of this agreement the plaintiff paid Rs. 2000/- on 29-6-1943 the date of the contract, and later on the 1st July 1943, a further sum of Rs. 10,000/-.He appears to have felt some difficulty in taking delivery of the stocks from the very beginning, owing to heavy rains and transport difficulties. He failed to complete the contract within the stipulated period. On 1-11-1943 the defendant sent a registered notice, alleging breach on the part of the plaintiff and calling upon him to complete the contract by paying up the balance of the purchase-money of Rs. 33,000/- and taking delivery of the paddy from the def...
S.K. Ghosh Vs. Maheswar Dehuri
Court: Orissa
Decided on: Aug-12-1954
Reported in: AIR1954Ori248; 20(1954)CLT523
Panigrahi, C.J.1. This is an application under Article 134(1)(c) of the Constitution praying for special leave to appeal to the Supreme Court against an order passed on 29-10-1953, by a Division Bench of this Court, in a proceeding under Section 561-A, Criminal P. C. The circumstances giving rise to an application of this kind are somewhat unusual and for a correct appreciation of the points raised in this application, it will be necessary to set out a few facts.2. The petitioner is a member of the Indian Police Service and was, at the relevant time, the Superintendent of Police Mayurbhanj, A dacoity case was' registered at Morada Police Station on. 26-4-1951. During the investigation of that case one Maheshwar Dehuri and two other persons were arrested and brought to the police out-post at Rasgovindpur for interrogation. Maheshwar made certain confessional statements and was arrested at about 7 p.m. on that day by Shri K. M., Das, the Sub-Inspector of Police, and was handed over to on...
Sk. Kabir and anr. Vs. Narayandas Lachman Das Ltd. and anr.
Court: Orissa
Decided on: Aug-11-1954
Reported in: AIR1955Ori24; 20(1954)CLT654
Mohapatra, J.1. This First Appeal has been filed by the two plaintiffs against the judgment and decree dated 20-1-1949 of Sri Dinabandhu Das, District Judgeof Keonjhar-Balasore, arising out of a suitbrought by the plaintiffs claiming damages to theextent of Rs. 15,000/- against the defendants forbreach of contracts. The two plaintiffs are dealersin mustard oil at Balasore and the defendantsconstitute a firm dealing in mustard oil at Cawnpore. The plaintiffs' case is that the defendants entered into two contracts with them (the plaintiffs) -- one on 5-4-1943 and the other on 21-4-1943 -- to supply mustard oil. The first contract was to supply 1056 tins or mustard oil at the rate of Rs. 29/- per maund and the secondcontract was to supply 286 tins of mustard oil at the rate of Rs. 36/- per maund. In pursuance of the said contracts the plaintiffs paid an advance of Rs. 1000/- through a Bank Draft and despatched 1519 empty tins. The defendants avoided performance of the said contracts on th...
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