Orissa Court August 1955 Judgments
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Sundarmani Devi and anr. Vs. Rupei Dei and ors.
Court: Orissa
Decided on: Aug-30-1955
Reported in: 22(1956)CLT39
P.V.B. Rao, J.1. Defendants 1 and 2 filed this appeal against the judgment and decree of the learned Subordinate Judge of Cuttack decreeing the plaintiffs suit for a declaration that the alienation in favour of defendant 1 of the suit property by defendants3 and 4 is not for legal necessity and does not bindthe plaintiff who is alleged to be the nearest reversioner.2. Plaintiff's case is that one Ananda Ojha, Dinabandhu Ojha and Lokanath Ojha were three brothers and were living as members of a joint family; that Lokanath and Dinabandhu died one after another leaving no issues and Ananda was the sole surviving coparcener who alone succeeded to the land and house and was solely in possession thereof; that Ananda had two wives Manika the first wife who was the mother of the plaintiff and Mani the second wife who is defendant 3 and her daughters arc defendants 5 and 6; that defendant4 had no right to alienate the property; that defendant 3 had only a life interest in the disputed property;...
The State Vs. Laikhan Pradhan and anr.
Court: Orissa
Decided on: Aug-30-1955
Reported in: AIR1956Ori108; 1956CriLJ638
Mohapatram, J.1. The we accused persons Laikhan Pradhan and Ramchandra Pradhan stand convicted under Section 304, Penal Code, and have been sentenced to rigorous Imprisonment for 7 years each. They have also been convicted under Section 201, Penal Code and sentenced to rigorous Imprisonment for one year each. The sentences are to run concurrently. The two appellants were charged undpr S. 302, Penal Code.2. The prosecution case la that deceased Kartik Pradhan was the brother of the two act cused persons. Laikhan being the eldest, Kartik the second and Ramchandra the last brother. The three brothers were living separate but in the same Khanja with a common courtyard.The cultivation however was Joint. Deceased Kartik was an old convict. He had been convicted thrice in cases of theft or robbery and was a police survelle. The Chowkidar used to check his presence at home every night. In the morning hours of 29-8-1953 the deceased had climbed up the thatch of neighbour Nrupa Bisi to steal som...
Prasanna Kumar Mohapatra Vs. the State
Court: Orissa
Decided on: Aug-25-1955
Reported in: AIR1956Ori86; 1956CriLJ540
ORDERPanigrahi, C.J.1. The petitioner has been convicted under Section 409, I. P. C. and sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 500/-; in default to undergo rigorous imprisonment for a further period of one month. The petitioner was the clerk of the Industrial School at Sambalpur between January 1950 and August 1953 and in that capacity was In charge of the accounts and cash dealings of the institution.The cash was kept in an iron chest and some loose money was kept in a separate hand box. The keys of both were in the custody of the petitioner. He used to make payments in accordance with payment orders made by the Superintendent in charge of the School. In 1952 the Superintendent (P. W. 1) checked the accounts and found certain irregularities including shortage of cash.He reported the matter to the Director of Industries in his letter Ex. 6 dated 8-5-1952 and an explanation was taken from the petitioner on 2-7-1952. Ex. 7 is the explanation giv...
Dharmu Saboto and anr. Vs. Krushna Saboto and ors.
Court: Orissa
Decided on: Aug-05-1955
Reported in: AIR1956Ori24
P.V.B. Rao, J.1. These two miscellaneous appeals are directed against the orders of the learned Subordinate Judge of Berhampur in two Misc. Oases Nos. 23 of 1949 and 44 of 1949. Misc. Case No. 23 of 1949 arises out of an application Bled On 28-3-49 by the five arbitrators to whom the matters in dispute between one Dharmu, Saboto and his three sons Krushna. Baurl and Dasrathi had been referred for decision under a Muchalika executed by the latter on 23-1-48 in which the opposite parties are the parties to the reference, namely, Dharmu Saboto and his three sons, along with the award passed by them, praying that action may be taken by the Court according to law.2. After notice of the filing of the award was issued to the opposite parties, Krushna Saboto filed a petition under Section 30, Arbitration Act praying that the award should either be set aside as invalid or remitted to the arbitrators for reconsideration and rectification for the various reasons mentioned in the petition which wa...
Mohammed Khan Vs. Ramnarayan Misra and ors.
Court: Orissa
Decided on: Aug-01-1955
Reported in: AIR1956Ori156
Panigrahi, C.J.1. This appeal arises out of a suit filed by the plaintiffs-respondents for declaration of their sole right to collect, remove, and sell Kendu leaves from inside the borders of the Garloisingh Zamindarl in Sambalpur district, and for recovery of a sum of Rs. 88200/- from the defendants for 'wrongful collection and removal' of the same during the years 1944 to 1946.The plaintiffs also prayed for an injunction restraining the defendants from interfering with their right to collect Kendu leaves in future, for the period covered by the contract entered into between the plaintiffs and the deceased Zamindar, Madan Mohan Singh. Defendant 1 is a lessee from defendant 2 who is the present Zamindar of Garloisingh. The father of defendant 2 executed a document, Ex. 19 datEd 29-1-1938, in favour of plaintiffs 1 and 2 permitting them to collect and remove kendu leaves within the ambits of his Zamindari for a period of 15 years commencing from 1944.The plaintiffs agreed to pay an annu...
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