Orissa Court September 1956 Judgments
Raghubir Dayal Saxena and ors. Vs. the State
Court: Orissa
Decided on: Sep-28-1956
Reported in: 23(1957)CLT14; 1957CriLJ148
ORDERNarasimham, C.J.1. This is a revision against an interlocutory order passed by a Magistrate, First Class, Puri, in a case under Section 420, I. P. C. pending in his Court. The case started sometime in 1952 and on 1-7-1956 the prosecution evidence was closed. Then the Magistrate adjourned the case to 6-8-1S56 for examination of the accused persons and further directed that the defence witnesses should be summoned at the cost of the accused persons. Petitioners Raghubir Dayal Saxena and Prahlad Narain filed a list of 50 witnesses to be examined on their behalf and petitioner Brij Narain filed a list of 15 witnesses to be examined on his behalf.Most of the witnesses mentioned in two lists are Government servants serving under various Governments all over Inida, including some Officers of the Union Government and merchants residing in several parts of the country. When the learned Magistrate directed that summons should issue only on payment of costs by the petitioners, they filed a p...
Tag this Judgment!Narayan Prasad Rewany Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-26-1956
Reported in: AIR1957Ori51
Narasimham, C.J.1. This is an application under Article 226 of the Constitution by one Shri N. P. Rewany, an Agricultural Sub-Overseer who has been kept under suspension from 1948, and against whom no final order of punishment has yet been passed.2. The facts which are not challenged are as follows: The applicant was working at Sambalpur as Agricultural Sub-Overseer under the Director of Agriculture and Food Production, Orissa, on a pay of Rs. 85/- per month in 1847 and 1948. One Bimbadhar Pradhan, District Pood Production Officer, Sambalpur was his immediate superior. Sometime in March 1948 the said Bimbadhar Pradhan was arrested by the police for offences under Sections 409, 477A and 120B, Indian Penal Code, started at the instance of the Agricultural Department, and he was immediately placed under suspension. During the investigation of that case, the applicant Rewani was also arrested on the 12th July 1948 but was released on bail on the same date.On the 11th September 1948, the Di...
Tag this Judgment!Kunjabehari Mohanty and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-24-1956
Reported in: AIR1957Ori27
Narasimham, C.J.1. O. J. Cs. 172, 189, 192, 255 and 256 of 1955 were heard together and will be dealt with in one judgment.2. These are petitions under Article 226 of the Constitution by some of the Ex-Forest Gate Keepers ofKhalllikote Estate whose services were terminated by the Anchal Adhikary of Kudala by his Memo No. C. 1.70/55 dated the 20th June 1955.3. The facts which are clear from the papers filed by the petitioners and from the counter-affidavit filed by the State of Orissa are as follows. When Khallikote Estate was in the possession of the previous proprietor of that Estate, the petitioners were working as Forest Gate-Keepers within the Estate, and they were remunerated on a commission basis.The forests of the said Estate, though private forests, were brought within the scope of Sections 26 and 32 of the Madras Forest Act 1882 (Madras Act V of 1882) by Notification No. 246, dated the 24th June 1932 of the then Government of Madras. When the Estate was taken over by the Gover...
Tag this Judgment!Kangali Maharana and ors. Vs. Shyamsundar Mohanty and ors.
Court: Orissa
Decided on: Sep-19-1956
Reported in: AIR1957Ori14; 23(1957)CLT16
Mohapatra, J. 1. This appeal has been filed by defendants 1 to 3 against the reversing judgment dated 11-12-1951 of Sri A. Guru, Additional District Judge of Cuttack, arising out of a suit for declaration of title and recovery of possession brought by plaintiff Shyamsunder Mohanty. The plaintiff's version is that he and other members of his family (father of respondent No. 17, father of respondents 15 and 16 and father of respondent no. 14) and others executed a simple mortgage bond (Ext. 11) in respect of 4.33 acres of land on 22-1-1912. The mortgage amount not having been paid, eventually a decree followed (Ext. 12 dated 25-11-25). In execution of the said mortgage decree, the mortgaged properties were sold on 14-3-1939 and the third party-auction-purchaser took delivery of possession through Court on 24-3-1947.The plaintiff's further version is that the disputed land of an area .41, which is the subject-matter of the present suit, appertains to R. S. plot Nos. 19, 36, and 37 and thi...
Tag this Judgment!M.V. Ranga Rao Vs. Director of Forests
Court: Orissa
Decided on: Sep-19-1956
Reported in: AIR1957Ori21
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution by an Upper Division (Grade II) Assistant in the office of the Director of Forests, Orissa, who was dismissed from service by the Director of Forests by his order dated 21-7-1955.2. The petitioner who is a resident of Berhampur was employed as an Upper Division (Grade II) assistant in the aforesaid office at Cuttack from 12-4-1950. On 15-5-1954 the then Director of Forests, Shri B.P. Basu drew up proceedings against him in his office Order No. 6436/2F-161/53 and framed the following charges;'(1) Defalcation, of Government money amounting to Rs. 30/- by raising the total of the credit side of the Director of Forests' Cash Book for the month of May 1952. (2) Misappropriation of Government money. (a) amounting to Rs. 410/- by making interpolations in the vouchers and Cash Book; (b) amounting to Re. 0-2-0 by getting the vouchers passed for excess amount. (3) Wilful tampering and destruction of accounts, records, et...
Tag this Judgment!Munshi Ghafur Khan and ors. Vs. Sk. Saratullah and ors.
Court: Orissa
Decided on: Sep-14-1956
Reported in: 22(1956)CLT508; 1957CriLJ147
Narasimham, C.J.1. This is a reference by the Additional Sessions Judge of Cuttack, for setting aside an interim order under Section 117(3) of the Criminal P. C., passed by the Sub-divisional Magistrate, of Jaipur under the following circumstances:2. On 28-2-1956, the Sub-divisional Magistrate received a report from the S. I. of Police, Barchana, praying for action under Section 147 of the Criminal P. C. against thirty persons. In that report the police prayed not only for drawing up proceedings under Section 107, but also for taking interim bonds from the second party under Section 117 of the Criminal P. C. On receipt of that report the Sub-Divisional Magistrate passed the following order on that date:Report under Section 107, Criminal P, C. submitted by the S. I. of Police, Barchana P.S. seen. It appears that the members of the 2nd party have formed a strong combination against the 1st party and have been committing various overt acts.I am satisfied that they are likely to commit bre...
Tag this Judgment!Kaibala Padhan Vs. Sanyasi Sasamala and anr.
Court: Orissa
Decided on: Sep-04-1956
Reported in: AIR1957Ori5
Das, J. 1. This is a judgment-debtor's appeal, arising out of an execution proceeding, against the judgment of the learned District Judge, Berhampur, allowing the decree-holder to proceed against the immovable properties belonging to the appellant as mentioned in E. P. No. 126 of 1952. Respondent 1 obtained the decree in question against the appellant and his son, respondent 2, on 16-4-37 in O. S. No. 330 of 1936, on the file of the Munsif, Berharapur.After a number of infructuous applications to execute the decree, respondent 1 filed E. P. No. 128 of 1949, on 14-4-49 in which there were more prayers than one, viz., the arrest of the appellant;attachment of the immovable properties, and the sale of moveable and immovables belonging to the appellant. On 8-7-50, the learned District Munsif of Berhampur passed the following order:'The judgment-debtor is committed to civil prison. E. P. closed.'The appellant, however, preferred an appeal against the said order of committal to civil prison,...
Tag this Judgment!Sm. Laxmi Debi Vs. Surendra Kumar Panda and ors.
Court: Orissa
Decided on: Sep-04-1956
Reported in: AIR1957Ori1
Das, J. 1. This is a plaintiff's appeal arising out of a suit by her for declaration of her reversionary right in respect of the properties left by one Brajamohan Praharaj Mohapatra, the last male-holder and for a further declaration that defendant 1 is not theadopted son of the said Brajamohan. Plaintiff Js the lull sister of Brajamohan who died on 3-12-43 leaving behind him three widows who are defendants 2, 3 and 4.Defendant 1 is alleged to be the adopted son of Brajamohan; the adoption having been made by the widows after his death on the basis of an authority given by him during his life time. The plaintiff thus challenged the validity of the adoption and prayed for a declaration that defendant 1 was not the adopted son of Brajamohan. It is further averred in the plaint that Brajamohan had a son and a daughter who predeceased him. Defendants 2 and 3 in their written statement not only supported the adoption of defendant I, but also stated that Brajamohan left a daughter named Basa...
Tag this Judgment!Raja Sri Krishna Chandra Manasingh Harichandan Mardaraj Bhramarbar Roy ...
Court: Orissa
Decided on: Sep-03-1956
Reported in: AIR1957Ori35
Mohapatra, J. 1. This first appeal has been filed by the plaintiff-appellant against the judgment and decree dated 19-9-1949 of Sri K.S.R. Murty, 2nd Additional Subordinate Judge of Puri, arising out of a suit for recovery of possession of the lease-hold property by evicting the defendants therefrom as the lease stands determined and cancelled.The defendants are Messrs. National Chemical and Salt Works Limited (India), Calcutta. The original plaintiff was the ex-proprietor of Parikud, and the estate of Parikud having vested in the State of Orissa under the provisions of the Orissa Estates Abolition Act, the State of Orissa has been made co-appellant at the appellate stage.The defendants company had taken out a registered lease for a period of 40 years executed by the original plaintiff (the ex-proprietor of Parikud) on 12-2-1940. The lease was on an annual rental of Rs. 650/-. On the basis of the lease, the defendants obtained right to manufacture salt on the plots locally known as Mad...
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