Orissa Court September 1955 Judgments
Maguni Padhano Vs. Lokananidhi Lingaraj Dora and ors.
Court: Orissa
Decided on: Sep-27-1955
Reported in: AIR1956Ori1; 22(1956)CLT228
Narasimham, J.1. This is an appeal from the appellate judgment of the Subordinate Judge of Berhampur setting aside the judgment and decree of the District Munsif of Berhampur and dismissing the appellant plaintiff's suit with costs.2. The dispute relates to 1.48 acres of landin village Kumarad within the estate of Badakhimedi. The admitted previous owner of the propertywas one Sarathi Fadhano, the father of plaintiffappellant Maguni. Sarathi died sometime in 1917leaving a widow named Lakshmi, a son (the plaintiff) and two daughters. The finding of the lowerappellate Court was that for a period of twenty ortwenty-five years the plaintiff remained in Rangooneking out his livelihood leaving his mother in chargeof his property in the village. During his absencehis mother practically acted as the manager of thefamily, maintained her two daughters and alsocelebrated their marriage. For that purpose heronly source of income was 23 acres of land, leftby her husband Sarathi. Sometime in July, 1...
Tag this Judgment!Prafulla Kumar Patnaik Vs. Shri Kumar Harischandra Singh Deo and anr.
Court: Orissa
Decided on: Sep-26-1955
Reported in: AIR1956Ori85
Panigrahi, C.J.1. This appeal arises out of suit to enforce a negotiable instrument passed in favour of the Bank of Kamrup, Ltd., which has now gone into liquidation. Defendant 2 is the authorized Agent of the Bank and was the Manager of its branch at Cuttack. The plaintiff had invested Rs. 2000/- with the Bank as fixed deposit, when the Bank was about to collapse he took an endorsement of the suit handnote (Ex. 4) in partial discharge of the amount due from the Bank. He Has filed the present suit to recover the sum due under Ex. 4.2. The plea put forward by the executant, defendant 1, is that the handnote had been executed as collateral security to cover overdrawals on his Current Account with the Bank and that the amount had been fully discharged by two payments made on 3-2-1947 and 9-4-1947 for which the necessary receipts had been passed by defendant 2 under Exts. A-1 and A. The plaintiff took a transfer of the handnote on 13-6-1947 -- obviously sometime after the payments had been...
Tag this Judgment!Atul Krushna Roy Vs. Raukishore Mohanty and ors.
Court: Orissa
Decided on: Sep-23-1955
Reported in: AIR1956Ori77; 22(1956)CLT32
ORDERPanigrahi, C.J.1. This is a petition under Section 115 of the Civil P. C., directed against an order passed by the Munsif, Puri, permitting the plaintiff to withdraw his suit for accounts with liberty to institute a fresh suit. The facts are that the plaintiff and defendant were partners of an unregistered firm. The plaint had been so drafted that the suit was bound to fail as there was no prayer for dissolution of the partnership before accounts could be taken.After the written statement was filed, the plaintiff discovered that on account of this defect the suit was bound to fail and therefore applied for leave to withdraw it. The learned Munsif held that the plaintiff had been put to the risk of losing his entire claim on account of the faulty drafting of the plaint by his lawyer, and following the decision reported in 'Gurprit Singh v. Punjab Government', AIR 1946 Lah 429 (A), permitted the plaintiff to withdraw the suit with liberty to institute a fresh suit. It is against thi...
Tag this Judgment!Chakko Bhai Ghelabhai Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-05-1955
Reported in: 21(1955)CLT521; [1956]7STC36(Orissa)
Panigrahi, C.J. 1. The petitioner is a firm dealing in Biri leaves with its head-quarters in Bagbahara in Madhya Pradesh. During the years 1048 to 1951 he was engaged in collecting Biri leaves from the forest areas of Borasambar Zamindari in Sambalpur district, and was carrying on the business of collecting and storing them in godowns situated at various centres within the State of Orissa, These leaves were stored and made up into bundles which were then despatched to various destinations outside the State of Orissa. The petitioner has been assessed to sales tax and, In addition, a penalty has been imposed upon him for not getting himself registered under the provisions of the Orissa Sales Tax Act. He has, therefore, come up to this Court and prays for a writ directing the Sales Tax authorities to withdraw the demand for payment of taxes and to rescined the orders passed by them, 2. A number of contentions have been raised by learned counsel for the petitioner. It is urged, firstly tha...
Tag this Judgment!Daitari Das and ors. Vs. the State
Court: Orissa
Decided on: Sep-02-1955
Reported in: AIR1956Ori97; 21(1955)CLT549; 1956CriLJ635
ORDERNarasimham, J.1. This revision is against the appellate judgment of the Sessions Judge of Mayurbhanj maintaining the conviction and sentence passed on the petitioners for offences under Sections 332, 342, 147 and 225, I.P.C. by a 1st class Magistrate of Bhadrak. Petitioner Bishu Das was, however, bound down under Section 562(1), Criminal P.C. as he is said to be a boy of tender age.2. The petitioners are all residents of village Naikanidihi, P. S. Basudebpur in Bhadrak Subdivision of Balasore district. The prosecution case was that bailable warrants of arrest had been issued against petitioners Bholi Parida and Dwija Das by the Sub-divisional Magistrate of Alipur sometime in May, 1952 in a ease underSection 420, I.P.C. brought against them by one Lakshman Naik.The warrants were personally handed over to the Peskar of the S. D. M. at Bhadrak by the said Lakshman Naik and the S. D. M., Bhadrak, endorsed the same to the Sub-Inspector of Police of Basudebpur thana for due execution. T...
Tag this Judgment!- ‹ Prev
- Next ›