Orissa Court October 1956 Judgments
Bhagaban Mahakud and ors. Vs. State
Court: Orissa
Decided on: Oct-31-1956
Reported in: 23(1957)CLT81; 1957CriLJ674
ORDERP.V.B. Rao, J.1. The four petitioners were convicted by the learned Assistant Sessions Judge of Mayurbhanj and sentenced to 3 years' R.I. and a fine of Rs. 100 or in default to two months' R.I. under Section 366, I. P. C., and to six months' R.I. under Section 147, I. P. C., the sentences to run concurrently. On appeal, the learned Additional Sessions Judge, Mayurbhanj, confirmed the convictions but reduced the sentences to one year's R.I. on both counts.2. The prosecution case is that on 22-2-54 there was a marriage ceremony of one Tubi Debi the sister of P.W. 4 at their father's residence, namely, Chintamani Mahakud (D.W. 1) of Gagarbeda; that the victim Kuni Debi (P.W. 2) with her brother Maheshwar Mahakud (P.W. 1), his wife Sukamani Debi (P.W. 4) and her first cousin (P.W. 5) as also the accused persons attended the marriage; that on the afternoon of 22-2-54 they all started with the newly married couple to leave them at Village Ha-tin; that while they were at a distance from ...
Tag this Judgment!Pudipeddi Laxmi Narasamma Vs. Benu Naide
Court: Orissa
Decided on: Oct-31-1956
Reported in: AIR1957Ori230; 23(1957)CLT425
ORDERDas, J. 1. This is a plaintiff's application in revision against the order of the learned Munsif of Berhampur, dated 21-7-55 refusing to exercise the cowers under Order 47, Rule 2 of the Code of Civil Procedure. The facts giving rise to the present application are as follows: The plaintiff's original suit was transferred to the court of the first additional Munsif who delivered an ex parte judgment on 30-9-54. The plaintiff in that suit claimed title through one Londa Naik who died leaving his son Arbhito and widow Kami. Defendant-2 who ultimately was expunged from record on a memo, filed by the plaintiff, purchased at auction sale the interest of Arkhito in the execution of a decree. The plaintiff appears to have purchased the said interest from defendant-2 on 22-7-17 and delivery of possession was prayed for. Thelearned Additional Munsif passed a decree in respect of half of the suit property in favour of theplaintiff holding that defendant-2 could not purchase the entire intere...
Tag this Judgment!Baishnab Charan Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Oct-30-1956
Reported in: AIR1957Ori70
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution against an order of the Government of Orissa in the Development Department, No. 18238 dated 28-12-1954. discharging the petitioner from Government service with immediate effect.2. The petitioner entered Government service sometime in 1929 and after holding various posts was transferred as District Agricultural, Officer, Koraput, sometime in 1953. It was alleged that while holding that post he committed serveral irregularities and was also guilty of some corrupt practices. His case was referred to the Administrative Tribunal under Rule 4(1) of the Disciplinary Proceedings (Administrative Tribunal) Rules 1951, The Member in charge of the Tribunal framed several charges against the petitioner and copies of these charges were sent to the petitioner on 6-6-1953 by the Director of Agriculture and Food Production, Orissa. and he was called upon to furnish his explanation to the Tribunal. He submitted has explanation i...
Tag this Judgment!NabIn Chandra Gantayet Vs. State of Orissa
Court: Orissa
Decided on: Oct-26-1956
Reported in: AIR1957Ori56; 23(1957)CLT67
Narasimham, C.J.1. This is an application under Article 226 of the Constitution by the owner of wet lands in village Raghunathpur, in Chatrapur Taluk of Ganjam-district, challenging the validity of the Orissa. Tenants Relief Act 1955 (Orissa Act V of 1955) (hereinafter referred to as the Act).2. In 1948 the Orissa Legislature passed an Act known as the Orissa Tenants Protection Act for the purpose of granting temporary protection from eviction to the tiller of the soil (usually known as Bhagchassis) and also for reducing the produce rent payable by a tenant to his landlord. After the coming into force of the Constitution the validity of this Act was unsuccessfully challenged before a Division Bench of this Court in the case reported in Sashi Bushan v. Mangal, ILR (1953) Cut 45: (AIR 1953 Orissa 171) (A).In that decision the full history of the circumstances leading to the passing of the Orissa Tenants Protection Act was given and it is unnecessary to repeat the same here. It is suffici...
Tag this Judgment!Abhina Sahu Vs. Daitari Sahu and ors.
Court: Orissa
Decided on: Oct-23-1956
Reported in: AIR1957Ori100; 23(1957)CLT46
ORDERDas, J. 1. This is an application in revision by the defendant against the decision of the Small Cause Court Judge, Cuttack, holding on a preliminary issue that the widow-plaintiff is entitled to bring the suit along with other plaintiffs, and accordingly the suit is maintainable. The plaintiff's suit is based upon a pro-note executed in favour of one deceased Saratha Sahu who is the husband of plaintiff 2 and father of plaintiff 1 and uncle of plaintiff 3.The dclence of the defendant-petitioner was that the suit by the widow-plaintiff is not maintainable in the absence of a succession certificate as provided under Section 214 of the Indian Succession Act. The learned Small Cause Court Judge held relying upon a decision of this Court reported in Ganga-dhar Raut v. Subhashiiri Bewa, (S) AIR 1955 Orissa 135 (A), to the effect that the devolution ol an estate on the Hindu widow under Section 3 (2) of the Hindu Women's Rights to Property Act is neither by survivorship, nor by inherita...
Tag this Judgment!Raghunath Padhy Vs. the State
Court: Orissa
Decided on: Oct-01-1956
Reported in: AIR1957Ori198; 22(1956)CLT503; 1957CriLJ989
ORDERNarasimham, C.J.1. This is a petition under Section 215 of the Criminal Procedure Code for quashing the commitment of the petitioner for an offence under Section 493 of the Indian Penal Code.2. The facts found by the committing Magistrate are as follows. The petitioner is a Brahmin boy aged 22 years with his wife living. He was residing in Parlakhimedi town, close to the house of a Brahmin widow named Radbarani Dei. The two used to meet frequently and the petitioner persuaded her to marry him. The woman was somewhat reluctant chiefly because he had a wife living and insisted that the marriage should be registered. Some letters passed between the two and in one of them (Ext. 1) the petitioner told Radharani Dei that he had no objection to get the marriage registered as desired by her. He also handed over to her a bond (Ext 2) dated the 29-9-1951. in which he clearly admitted that he was going to marry her and further specified certain terms regarding their conjugal life. He also as...
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