Orissa Court January 1956 Judgments
Bibuni Bewa Vs. Padmanav SwaIn and ors.
Court: Orissa
Decided on: Jan-31-1956
Reported in: AIR1956Ori105
P.V.B. Rao, J.1. Defendant 1 Bibuni Bewa widow of one Bhramar Sahu files this appeal against the reversing judgment of the District Judge of Cuttack-Dhenkanal remanding the plaintiff's suit for ordering: a sale according to Sub-section (2) of Section 3, Partition Act and for disposing it of according to law.2. One Gangai Swain had two sons, Hari land Damai. The plaintiff, Padan, is one of the sons of Damal and his other son Bhagaban had three sons who are defendants 6 to 8. Hari had three sons, Sananda, Jogi and Binanda. Defendant 5 is the daughter of Sananda. Maheswar, defendant 2, is the son of Jogi. Defendant 1 is the widowed daughter of Binanda and defendants 3 and 4 are his sons.3. The plaintiff's case is that his father Damai separated from his uncle many years ago-and divided their agricultural lands, but kept the homestead Jointly in which he had a four anna-share and defendants 2 to 5 who are -the descendants of Hari had an eight annas share. Udia Bewa wife of Sananda, defenda...
Tag this Judgment!Triumala Bhaskara Rao Naidu Vs. Panasa Narayanamma and anr.
Court: Orissa
Decided on: Jan-30-1956
Reported in: AIR1956Ori124; 22(1956)CLT309
Mohapatra, J.1. This first appeal has been filed by the plaintiff whose suit has been dismissed only on the point of limitation by the learned Subordinate Judge of Berhampur in his judgment dated 31-10-1949. The cause of action for the suit of the plaintiff is an order dated 2-10-1943 passed under the provisions of Section 145, Criminal P. C. The plaintiff is a purchaser of the disputed property described in the schedule of the plaint in a sale held in execution of a decree obtained in a suit before the District Munsif of Berhampur, the judgment-debtor being one Saketi- Boddu.The date of plaintiff's purchase is 21-1-1936. The plaintiff also took delivery of possession through Court on 12-5-1936. The disputed lands being Government zeroyati lands, the plaintiff claims to have paid revenue or cist to the Government ever since the date of his purchase and that he was in possession of the disputed property.According to the version of the plaintiff, his tenants raised crops in the year 1941...
Tag this Judgment!Madan Mohan Mohapatra and ors. Vs. the State
Court: Orissa
Decided on: Jan-30-1956
Reported in: AIR1956Ori171; 22(1956)CLT145; 1956CriLJ1083
Narasimham, J. 1. This is an appeal from the judgment of the Sessions Judge of Mayurbhanj convicting the appellants under Sections 147, 148, 326 and 326/149, I.P.C. and sentencing them to various terms of rigorous imprisonment. 2. The appellants are all residents of village Ambo, P. S. Anandapur in the district of Keonjhar. It is admitted that there are two parties in that village hostile to each other. One party is led by the Zamindar of the village known as Shri Bhu-yan Sarat Chandra Mangaraj Mohapatra and the rival party is led by appellant Harihar Patnaik. The trouble seems to have arisen sometime after the abolition of the zamindary by the State Government. The Zamindar then transferred some of the communal lands of the village in favour of his son, wife and family deity. His rival party, however, challenged these transfers and agitated the matter before the higher authorities. There was a ferry across the river Baitarani which flows by the side of the village and while the Zamind...
Tag this Judgment!Ramakrishna Deo Vs. Agricultural Income-tax Officer.
Court: Orissa
Decided on: Jan-16-1956
Reported in: [1956]30ITR248(Orissa)
MOHAPATRA, J. - This is a petition under article 226 of the Constitution for quashing an order levying agricultural income-tax on the petitioner in the following circumstances :The assessment year in question is 1953-54, the accounting year being 1st July, 1951, to 30th June, 1952. The present petitioner is the adopted son of late Maharaja Vikram Deo Varma, the ex-proprietor of Jeypore estate. Vikram Deo Varma died on 15th April, 1951, after which the petitioner succeeded as the proprietor of Jeypore estate in accordance with the custom of lineal primogeniture prevailing in the estate. The petitioner was accordingly recognised as the rightful successor to the above estate and was registered as the holder of the estate. On the death of the petitioners father the petitioner not having completed his 21 years of age, by a notification in the Gazette of Orissa, the Court of Wards assumed charge of the estate on 24th May, 1951. The petitioner asserts that he had completed his 21 years of age...
Tag this Judgment!Gangadhar Patra and anr. Vs. Dolgovinda Sahu and anr.
Court: Orissa
Decided on: Jan-12-1956
Reported in: AIR1956Ori193; 22(1956)CLT270
Mohapatra, J.1. This is an appeal against the reversing judgment dated 14-2-1952 of Sri B. Panda, Second Additional Subordinate Judge of Cuttack, arising out of a 'Suit for recovery of money due on a hand-note. The point involved is one of limitation, a few facts relevant for the purpose of appreciating the point of limitation are that the handnote in suit is elated 5-12-1929 executed by one Gopi Patra, the deceased father of defendants 3 and 4 and the uncle of defendants 1 and 2 in favour of one Kshetrabasi Sahu.The handnote in suit is for a sum of Rs. 1,232/-. It is to be mentioned here that the consideration of the handnote was the renewal of a previous handnote dated 26-11-1923 for a sum of Rs. 800/- executed by Gopi himself. The plaintiffs, in order to save limitation relied upon three endorsements of payments made by Gopi and one of his nephews Bhagirathi (defendant No. 2). The first endorsement is dated 26-11-1932 by Gopi himself acknowledging a payment of Rs. 3/- towards the de...
Tag this Judgment!Prasanna Kumar Das and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-10-1956
Reported in: AIR1956Ori114
P.V.B. Rao, J. 1. These two petitions are heard together as they involve common questions of law and fact, and are disposed of by this judgment. 2. O. J. C. 81 of 1955 was tiled by 41 petitioners on 24-2-1955, and O. J. C. 152 of 1955 was filed by 48 petitioners on 2-5-55. The petitioners in both the applications are residents of village Harinikuli, Chaumukha, Dagara, Nagudi, Saranjapur, Naighati Pakundi, Jamukunda, Manikisimulia, Jugadihand Badasaha in the district of Balasore bordering on the western flank of the river Subarnarekha at its lowest reach before it falls into the Bay of Bengal. These applications are filed under Article 228 of the Constitution praying for the issue of a writ in the nature of mandamus directing the opposite party, the State of Orissa, to refrain from proceeding with the land acquisition proceedings as the notification issued by the Government under Section 4, read with Section 17(4), Land Acquisition Act, is ultra vires, illegal and without jurisdiction, ...
Tag this Judgment!Bhima Shaw and ors. Vs. the State
Court: Orissa
Decided on: Jan-10-1956
Reported in: AIR1956Ori177; 1956CriLJ1208
Narasimham, J.1. This is an sppeal from the judgment of the Sessions Judge of Balasore convicting the appellants under Section 400, Penal Code and sentencing them to various terms of imprisonment. Fortyfive persons were tried in the Court of the learned Sessions Judge for an offence under Section 400, I.P.C., on the allegation that they belonged to a gang of persons associated for the purpose of habitually committing dacoity during the period from 28-11-49 to 18-7-52.The learned Sessions Judge convicted twenty-three persons and acquitted the rest. The State Government preferred an appeal (Government Appeal No. 8 of 1954) against the acquittal of Abhi-manyu Sahu, Paramananda Behera and Kalicharao Maharana, They also filed a revision petition (Crl. Rev. No. 103/54) for enhancement of the sentence passed on Gour Chandra Dutta and Amulya Chandra Das. Of the convicted persons, accused Haradhan Mukherji, Gour Chandra Dutta, Kalu Khan, Sk. Kasi alias Kasiruddin and Gourhari Jena did not prefe...
Tag this Judgment!Mohammad Shamsul Haque Vs. Member, Board of Revenue and anr.
Court: Orissa
Decided on: Jan-09-1956
Reported in: 22(1956)CLT267
Mohapatra, J.1. This is a petition under Article 226 of the Constitution for quashing the order of dismissal dated 31-3-1954 passed by the Member, Board of Revenue, Sambalpur, in the following circumstances:The petitioner was appointed the Chief Administrator, Orissa States, in the year 1949. In the same year, he was however transferred to Sambalpur to serve under the Member, Board of Revenue Sambalpur. He was however in the year 1950 prosecuting his studies in the commerce Class of Gangadhar Meher College, Sambalpur,The petitioner was asked to continue his studies with the permission of the Member, Board of Revenue, and the application of the petitioner for permission was however refused on 24-7-1951. The Government issued a General Order dated 18-8-1951 that if such clerks who are continuing their studies in colleges without the permission, of the Government would make a clean statement to that effect they would not be subjected to any disciplinary action.Thereafter the present petit...
Tag this Judgment!Bonai Industrial Company Limited Vs. Commissioner of Income-tax, Bihar ...
Court: Orissa
Decided on: Jan-04-1956
Reported in: [1956]30ITR222(Orissa)
MOHAPATRA, J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922, made by the Income-tax Appellate Tribunal, Madras Bench, in their order dated 16th July, 1954, referring the point of law which runs as follows :'Whether in the facts and circumstances of the case, the assessee is entitled to the determination of the loss incurred in 1948-49 assessment year and to its set-off against the profits of the assessment year 1949-50.'2. The assessee is Bonai Industrial Company Limited, a public limited company incorporated in 1939, with its registered officer at Bonaigarh in the former Indian State of Bonai. The assessee-company was constituted with the main object of exploring and prospecting the mineral and forest resources of Bonai State. It is to be noted here that the company had only one source of income, that is to say, by carrying on business in the mineral and the forest resources. There were no mining operations in the account years ending on 31st March, 1947...
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