Orissa Court November 1957 Judgments
Nakafodi Alias Jadumani Parikha Vs. State
Court: Orissa
Decided on: Nov-29-1957
Reported in: AIR1958Ori113; (1958)24CALLT350; 1958CriLJ785
P.V. Balakrishnarao, J.1. The appellant Nakafodi alias Jadumani Parikha who was the first accused in the Court below was convicted by Shri R.C. Misra, Sessions Judge, Cuttack-Dhenkanal for murder punishable under Section 302 I. P. C. and was sentenced to imprisonment for life. He was tried along with his brother Lakshmidhar Parikha, but the learned Sessions Judge acquitted Lakshmidhar.2. Both the accused were charged under Section 302/34 I. P. C. for having, in furtherance of their common intention knowingly and intentionally, caused the death of one Judhisthir Misra on 6-7-1955. Both of them were also tried on charges under Section 302 I. P. C. the appellant for intentionally causing the said death by striking him on his neck with a Katari (M. O. I) and Lakshmidhar by striking him on his buttock with a Farsa (M. O II). Lakshmidhar was further charged under Section 324 I. P. C. for causing hurt to Gobar-dhan Misra (P. W. 42), the son of the deceased, at the time of the occurrence. The ...
Tag this Judgment!Fakir Mohan Das and anr. Vs. the State
Court: Orissa
Decided on: Nov-27-1957
Reported in: AIR1958Ori118; 24(1958)CLT78; 1958CriLJ789
G.C. Das, J.1. These two petitions are directed against two orders of the learned Sessions Judge of Mayurbhanj of even date, i.e., 1-10-1956, convicting the petitioners under Section 123 of the Indian Motor Vehicles Act (Act No. IV of 1939) (hereinafter referred to as the Act') and sentencing each of them to pay a certain fine.2. Both the petitions were first heard by two single Judges of this Court and later were referred to a Division Bench and were made analogous. Accordingly, they were heard together, and are governed by this common judgment.3. Before dealing with the point of law, I would like to state the facts in each case which are rather simple. In Criminal Revision No. 264 of 1956, the petitioners, Fakir Mohan Das and Narendra Mohan Panda were the driver and conductor respectively of a State carriage bearing No. O.R.B. 473. The prosecution case was that they were carrying sixty-one passengers while the seating capacity of the carriage was only twenty-five, according to the pe...
Tag this Judgment!Bhikary Ram and anr. Vs. S. Hedait Mohammad Sahaji and anr.
Court: Orissa
Decided on: Nov-26-1957
Reported in: AIR1958Ori62; 24(1958)CLT157
Narasimham, C.J.1. These two appeals arise out of the judgment and decree of the first Additional Subordinate Judge of Cuttack in a suit for the enforcement of a simple mortgage bond (Ext. 2). The mortgage bond dated the 15th May, 1945 was executed jointly by Bhikari Ram (defendant No. 2) and Jasoda Dei (defendant No. 3 since dead) mortgaging the house of her minor son Mahesh Prasad Bhagat (defendant No. 1) for the sum of Rs. 10,000/- in favour of the two plaintiffs. Defendant No. 2 Bhikary Ram had admittedly no interest in the mortgaged property, but it was alleged by the plaintiffs that he was a near relation of defendant No. 3 who was a Purdanashin lady, that he was acting as the manager of her family and that the suit loan was advanced by the plaintiffs for a business, named Bhagawat Chemicals started by the family of which defendant No. 2 was the managing partner.2. Defendant No. 1 who had become a major by the date of the institution of the suit denied all liability under the mor...
Tag this Judgment!K. Rajagopal Rao Vs. State of Orissa
Court: Orissa
Decided on: Nov-26-1957
Reported in: AIR1958Ori74
Narasimham, C.J.1. This is a petition by an Assistant Sub-Inspector of Police against the order, dated the 18th August, 1952, of the Assistant Inspector General of Police, Orissa dismissing him from the Police Force of Orissa.2. On or about the 31st August 1949 the Deputy Superintendent of Police framed charges against the petitioner for dishonestly misappropriating certain articles kept in charge of Rayaghada Government Railway Police Station where the petitioner wag then working. In the charge he was asked to show cause 'why he should not be dismissed from the Police Force' for that offence. The petitioner showed cause. There was then a departmental enquiry by the Subordinate Police officers and definite findings were arrived at, to the effect that the petitioner was guilty of the charge. Thereupon, the Assistant Inspector-General of Police who is presumably the authority competent to dismiss the petitioner, issued the following notice to him :' Office of the inspector-General of Pol...
Tag this Judgment!Hrushikesh and ors. Vs. Krushna Chandra Ghadei
Court: Orissa
Decided on: Nov-26-1957
Reported in: AIR1958Ori104; 24(1958)CLT32; 1958CriLJ655
R.L. Narasimham, C.J.1. This is a petition to revise an order dated 8-6-1956, passed by the Subdivisional Magistrate of Bhadrak, calling for charge-sheet under Section 380 I.P.C. against some persons.2. The relevant facts are as follows. On 13-1-1956 the opposite party Krushna Chandra Ghadei made a station diary entry at Chanda-bali P.S. to the effect that some persons surrounded his house and looted away some articles on the previous night. On the next day the Police treated the station diary entry as a regular F. I. R. under Section 395 I. P. C. and submitted final report as false on 25-2-1956. That final report was put up before the Sub-divisional Magistrate on 9-3-1956 and he passed the following order:'F. Rule (Final report) received. The case is false. Await P. Rule under Section 211 I. P. C. against the complainant as proposed R/N not received. Remind the I. O. to send the R/N of the case. Put up on 24-3-56'.The relevant papers were again put up before him on 30-3-1956 when he p...
Tag this Judgment!Keshab Acharya Vs. Somehath Behera and anr.
Court: Orissa
Decided on: Nov-22-1957
Reported in: AIR1958Ori79; 24(1958)CLT97; 1958CriLJ650
ORDERNarasimham, C.J.1. This is a reference by the Sessions Judge of Mayurbhanj for setting aside an order under Section 145, Criminal P. C., passed by a FirstClass Magistrate of Udala,2. The learned Magistrate drew up the proceeding under Section 145, Criminal P. C., on the 8th December 1956. On the 31st December 1956 both parties filed written statements and affidavits aspermitted by the recent amendment to Section 145, Criminal P. C. The learned Magistrate heard the Pleaders for both parties on the 18th January 1957 and passed the following order:'Heard Pleaders of both parties. But I amnot satisfied in respect of the possession over the suit land, of either party. Let the first partycome with all evidence, oral and documentary, on the 8th February 1957.'On the 20th March 1957 five witnesses were examined for the first party and on the 11th May 1957 four witnesses were examined for the second party. Then, on the 29th May 1957 the learned Magistrate declared the first party to be in ...
Tag this Judgment!S.R. Agrawalla and Brothers Vs. Collector of Sales-tax
Court: Orissa
Decided on: Nov-21-1957
Reported in: AIR1958Ori87; [1958]9STC31(Orissa)
G.C. Das, J.1. This is a reference under Section 24 of the Orissa Sales Tax Act, 1947 (Orissa Act XIV of 1947) (Hereinafter referred to as the 'Local Act') for a determination of the following question of law :'Whether on the facts and circumstances of this case, the transaction between the petitioners and Messrs Paluram Dhandhania of Raigarh is exempt for levy of sales tax by the State of Orissa under Article 286 of the Constitution.'2. The petitioners are registered dealers within the meaning of the local Act, and submitted their return before the Sales-tax Officer, Balangir Patna, for the quarter ending 30-6-1951. In the return filed by them, they claimed a deduction of Rs. 1,04,212-7-0 representing the value of certain quantity of jute despatched to some jute mills in Madhya Pradesh and West Bengal, outside the State of Orissa under instructions from Messrs Paluram Dhandhania of Raigarh in Madhya Pardesh.The Sales-tax Officer rejected the petitioners' claim on the ground that the i...
Tag this Judgment!Dhirendranath Das Vs. State of Orissa
Court: Orissa
Decided on: Nov-21-1957
Reported in: AIR1958Ori96
B.L. Narasimham, C.J.1. This is an application under Article 226 of the Constitution by a Grade I Upper Division Assistant of the commerce Department of the Orissa Secretariat, against the order of the Government of Orissa No. 8307-Com, dated 3-9-1955, dismissing him from service.2. On 27-11-1953, the Government of Orissa placed the petitioner under suspension and referred his case to the Tribunal constituted under the Disciplinary Proceedings (Administrative Tribunal) Rules 1951, in consequence of a report submitted by the Superintendent of Police, Enforcement, after confidential enquiry, to the effect that the petitioner and some other members of the ministerial staff of the commerce department had manipulated the figures in the Receipts Register so as to justify an increase in the staff.The sole member of the Administrative Tribunal Shri P.K. Kapila, framed specific charges against the petitioner, called upon him to submit his explanation, and held a regular enquiry under the said r...
Tag this Judgment!Harihar Ojha Vs. Laxmi Jena and anr.
Court: Orissa
Decided on: Nov-20-1957
Reported in: AIR1959Ori116; 1959CriLJ884
R.L. Narasimham, C.J. 1. This revision arises under the following circumstances:2. A case under Section 20 of the Cattle Trespass Act was transferred by the Subdivisional Magistrate, of Anandpur, to the file of Shri D.P. Sharma, Munsif-Magistrate Anandpur, for hearing. That Magistrate, on 24-11-1955 returned the case to the Subdivisional Magistrate, observing that in view of the decision of a single Judge of this Court, reported in Padma Charan Behera v. Rangadhar Das ILR 1950 Cut 149: (AIR 1951 Orissa 40) he had no jurisdiction to try that case. Thereupon the Subdivisional Magistrate sent it back to him with the following note:'The relevant ruling reported in ILR 1950 Cut 149: (AIR 1951 Orissa 40) is seen. Attention of the trying court is drawn to the communication from the Board of Revenue in their letter No. 351 (6) Genl. 11-29/55, dated 19-1-1955, forwarded by the Additional District Magistrate Keonjhar in his memo No. 1/12/55-1904(3) dated 8-2-1955, in which the opinion of the Leg...
Tag this Judgment!Sansir PatelIn and anr. Vs. Satyabati Naikani and anr.
Court: Orissa
Decided on: Nov-19-1957
Reported in: AIR1958Ori75; 23(1957)CLT489
Mohapatra, J.1. This is a defendants' appeal against the judgment dated 22nd September, 1953 of Sri S.K. Mohapatra, Subordinate Judge of Sambalpur, setting aside the decree passed by the Munsif of Sundargarh arising out of a reversionary suit brought by the plaintiffs for a declaration that the Kabala executed on 26th August 1950, (Exit. A) by defendant No. 1 (Sansir Patelin) in favour of defendant No. 2 (Lochan Patel) is not binding against the reversioners of the last male owner Parmananda Patel. Paramananda had no son but only four daughters, Satyabati, Nilabati, Hirabati and Sansir. It is the common ground that Nilabati and Hirabati are well provided for and rich in their husbands' places. Paramananda having died in the year 1940, plaintiff No. 1 and defendant No. 1 inherited the property of Paramananda as the only heirs as the other two daughters are rich and plaintiff No. 1 and defendant No. 1 are unprovided for. Plaintiff No. 2 is the son of plaintiff No. 1.2. The plaintiffs bro...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »