Orissa Court July 1956 Judgments
Sankarsan Boral Vs. the State
Court: Orissa
Decided on: Jul-27-1956
Reported in: 22(1956)CLT475; 1957CriLJ286
ORDERNarasimham, C.J.1. This is a revision petition against the appellate judgment of the Sessions Judge of Cuttack maintaining the conviction and sentence passed by a First Class Magistrate of Kendrapara against the petitioner for an offence under Section 456 of the Indian Penal Code.2. The petitioner is a Matriculate, aged about 22 years, residing in village Kusunapur, P. S. Patkura. He was prosecuted in the Court of the 1st. Class Magistrate of Kendrapara on the allegation that he entered the dwelling house of one Domei Naik (P.W.I) of his village at about 3 A.M. on the 22nd March 1954 and committed theft of some utensils. Domei Naik woke up on hearing some noise, and claimed to have seen the petitioner with the stolen utensils. He challenged him and then the petitioner tried to conceal himself in the kitchen where there was a fight between him and Domei in the course of which both of them received injuries. The petitioner, however succeeded in running away from the place. On these ...
Tag this Judgment!Kasinath Panda Vs. Padambati Debi
Court: Orissa
Decided on: Jul-24-1956
Reported in: AIR1956Ori199; 22(1956)CLT406; 1956CriLJ1339
Narasimham, C.J.1. This is a petition by a Hindu husband against ' an order dated 17-1-1953, of Shri N. V. R. Murty, First Class Magistrate of Dasapalla directing the sale of the petitioner's paddy in enforcement of an order for payment of maintenance to his Wife, passed against him by another Magistrate.2. The admitted facts are as follows: The original order under Section 488 (1), Criminal P. C. directing the petitioner to pay a, monthly maintenance of Rs. 30/- to his wife (opposite party) waspassed by Shri P. Rama Rao, Magistrate, First Class, Dasapalla, on 6-5-1953. The opposite party took steps for enforcement of that order, but sub sequently on 20-8-1953 did not press for the same saying that she was reconciled with her husband.From 20-8-1953 the two began to live together. But on 14-6-1954 the opposite party left her husband for the second time and went away to her father's place. Then, on 30-7-1954, she applied to the Court for realisation of the arrear of maintenance due to he...
Tag this Judgment!Khetramohan Nayak Vs. Sri Sidha Kamal Nayana Ramanuj Das
Court: Orissa
Decided on: Jul-24-1956
Reported in: AIR1956Ori206; 22(1956)CLT461; 1956CriLJ1345
Rao, J. 1. This application in revision arises out of a peculiar order passed by the Sub-divisional Magistrate, Sadar and Magistrate 1st Class, Purl. 2. In G. R. Case No. 705/T. 147/1954, one Punia Chandra Swain was convicted by the Bub-divisional Magistrate, Puri under S. 381, Penal Code for theft of Rs. 7000/- from the possession of Sri Sindha Kamal Nayana Ramanuj Das, the Mahant of Sidha Math, Puri, who is the opposite party in the present revision. The stolen property consisting of Rs. 7000/- was recovered and seized and was in the custody of the Sub-divisional Magistrate. 3. Khetramohali Nayak, the petitioner herein, obtained a decree against the opposite party in a civil suit. That decree was passed against the opposite party in his personal capacity and it was not a decree against him in his capacity As the Mahant of Sidha Math belonging to Jagannath :Mahaprayu. 4. In execution of the said decree (Execution Case No. 55 of 1954) obtained by the petitioner against the opposite par...
Tag this Judgment!Lalchand Topandas Wadhwani Vs. State
Court: Orissa
Decided on: Jul-24-1956
Reported in: AIR1956Ori201; 22(1956)CLT397; 1956CriLJ1341; (1957)ILLJ650Ori
Rao, J. 1. The appellant in Criminal Appeal No. 100 of 1955 filed this appeal against his conviction under Section 165, Penal Code and sentence to a fine of Rs. 600/-, in default to undergo rigorous imprisonment for 3 months, by the judgment of the Special Judge, Puri. The Criminal Revision was filed by the State for enhancement of the sentence. 2. The Investigating Officer, the Deputy Superintendent of Police. Special Police Establishment. Puri filed a charge sheet against the appellantthat the appellant committed an offence of criminal misconduct under Section 5(i)(d), Prevention of Corruption Act (Act 2 of 1947), punishable under Clause (2) of the said section. The Investigating Officer alleged that during Investigation of Crime No. 5 of 1952 which was a complaint against the accused of having committed criminal conspiracy, cheating and attempt to cheat in connection with contract and payments taken by a contractor for excavation of certain reaches in Dudbhaga distributory, it came ...
Tag this Judgment!Lachman Alias Lakshminarayan Agarwala and anr. Vs. Executive Officer, ...
Court: Orissa
Decided on: Jul-11-1956
Reported in: AIR1956Ori218; 22(1956)CLT392; 1956CriLJ1424
ORDERNarasimham, C.J.1. These two revisions were heard analogously and will be disposed of in this judgment as the point involved in both of them is the same.2. The petitioners in both these revisions are residents of Bargarh town which is a Municipality. The Raipur-Sambalpur Highway runs through the heart of that town. The authorities of the Bargarh Municipality prosecuted them for an offence under Section 383, Orissa Municipality Act 1950 (Orissa Act 23 of 1950), read with Sections 252 and 254 of that Act, on the ground that they encroached on the same highway and that they omitted to remove the encroachment even though they were given notice by the Executive Officer to remove the Game. The Overseer of the Municipality was examined to grove the encroachment on the said public road. The petitioners main defence was that the encroachment, if any, had taken place several years ago and that they had acquired right over the encroached area by prescription. The lower Courts, however, disbe...
Tag this Judgment!Chaintamano Sahu Vs. Dr. Surendranath Sahu and ors.
Court: Orissa
Decided on: Jul-11-1956
Reported in: AIR1957Ori246; 22(1956)CLT387
Mohapatra, J.1. Defendant No. 3 has brought this second appeal against the confirming judgment of the Court below arising out of a suit brought by the plaintiff for ejectment of the defendants from the house in suit, for arrears of rent and for damages. The plaintiff's case is that in 1S40 he let out two rooms and a verandah to defendant No, 1. Subsequently defendant No. 1 had introduced a sub-tenant (defendant No. 2) and sometime after defendant No. 1 again introduced another sub-lessee (defendant No. 3) into the house in suit. The plaintiff served a notice to quit on defendant No. 1 by 31-8-51. He therefore prays for arrears of rent to the extent of Rs. 525/-, that is till the termination of the tenancy on 31-8-51. He also prays for damages against all the three defendants from 1-9-1951 till they deliver vacant possession of the house, in suit. The plaintiff's averment is that these two defendants, that is, defendants 2 and 3, who were subsequent sub-lessees of defendant No. 1 are oc...
Tag this Judgment!Judhistir Ganda Vs. the State
Court: Orissa
Decided on: Jul-06-1956
Reported in: AIR1956Ori211; 22(1956)CLT458; 1956CriLJ1420
ORDERNarasimham, C.J.1. This is a reference by the Sessions Judge, Bolangir-Kalahandi, for setting aside the conviction and sentence passed against the petitioner by a Second Class Magistrate of Bolangir, for an offence under Section 176, Penal Code.2. The relevant facts are these. The petitioner Judhishtir Ganda was convicted in a previous trial for an offence under Section 411/75, Penal Code, and directed under Section 565, Criminal P. C. to report his movements to the Police for a period of three years from the date of his release. In pursuance of that order Judhishtir after his release from Jail gave a declaration to the effect that he would reside in his village Bishnumunda, P.S. Bolangir, and that he would intimate his change of address and residence to the Officer-in-charge of Bolangir Police Station. Subsequently however, he became untraced. The Officer-in-charge of Bolangir Police-station made careful enquiries and eventually Judhishtir Ganda was arrested on 18-5-1955 by the A...
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