Orissa Court December 1957 Judgments
Lokenath Sahu and anr. Vs. Dondapani Sahu and ors.
Court: Orissa
Decided on: Dec-16-1957
Reported in: AIR1958Ori109
S.P. Mohapatra, J.1. This appeal has been filed by judgment-debtors 1 and 3 against the reversing judgment of the lower appellate Court arising out of a proceeding under Section 47, Civil Procedure Code. The original plaintiff had brought Title Suit No. 2 of 1945 for recovery of possession after evicting defendants 1 to 9. He also prayed for mesne profits for the year 1944-45. Eventually the suit was decreed for restoration of possession of the plaintiff and it was further ordered in the preliminary decree that all the defendants were liable for mesne profits for the year 1944-45. The plaintiff took delivery of possession of the properties in dispute in due course with the assistance of the Court and got the decree for costs executed and realised. We are not concerned in this appeal with the decree regarding costs; but we are concerned merely with the decree for mesne profits.2. The preliminary decree was passed on 22-7-1946. The defendants went up in appeal before the first appellate ...
Tag this Judgment!Mangulu Sahu Vs. State
Court: Orissa
Decided on: Dec-16-1957
Reported in: AIR1958Ori239; 24(1958)CLT162; 1958CriLJ1332
P.V.B. Rao, J.1. This appeal is filed against the conviction and sentence passed on the appellant by the judgment of Shri A. Misra, Additional Sessions Judge, Cuttack, dated the 23rd March 1956.2. The judgment of conviction was passed by the learned Additional Sessions Judge after accepting the unanimous verdict of the jury that the appellant was guilty of robbery punishable under Section 394, I, P. C. The prosecution case, as disclosed in the evidence, is briefly as follows. Some 3 or 4 days-prior to the date of occurrence (10-2-55), the appellant along with three others visited Jndupur, the village of Banamali Sahu, the victim.The appellant is stated to have purchased some Mudi from the shop of Banamali Sahu and during; the conversation mooted the proposal of giving his unmarried daughter in marriage to Banamali's son who was at Calcutta, In the course of the said conversation, his companions left the place, but the appellant stayed on in Banamali's house on account of the marriage n...
Tag this Judgment!The State Vs. Anadi Betankar and ors.
Court: Orissa
Decided on: Dec-13-1957
Reported in: AIR1958Ori241; 24(1958)CLT146; 1958CriLJ1334
ORDERR.L. Narasimham, C.J.1. This is a reference by the Sessions Judge of Mayurbhanj recommending the quashing of a commitment order dated the 11th June 1957 passed by the Magistrate First Class, Champua, after framing a charge under Section 302/34 I. P. C. against the members of the opposite party.2. The main ground in support of the reference is that the learned Magistrate committed the accused persons for trial before the Court of Session without examining the 'witnesses to the actual commission of the offence as required by Sub-section (4) of Section 207-A, Cr. P. C. (as recently amended). It appears that the learned Magistrate, after perusing the Police papers and hearing the parties, and examining the accused persons thought that a prima facie case was made out. He committed the accused for trial before the Court of Session after framing a charge under Section 302/34 I. P. C.3. The order of the Magistrate is clearly unsupportable. Sub-section (4) of Section 207-A Cr. P. C. says t...
Tag this Judgment!Shyamsundar Dwivedy Vs. Divisional Forest Officer
Court: Orissa
Decided on: Dec-11-1957
Reported in: AIR1958Ori117; 24(1958)CLT167
P.V. Balakrishnarao, J.1. This appeal is filed against the order of the learned District Judge, Cuttack dismissing the application of the appellant to be adjudged an insolvent.2. The appellant took a forest lease for Rs. 17,500/- on 13-9-50, paid two instalments due to the Government under that lease, but defaulted in payment of the balance amounting to about Rs. 8,900/-. In consequence of this default, certain proceedings were taken and the amount was sought to be realised by detention of the appellant in civil prison when he filed this insolvency application.3. The Divisional Forest Officer through the Government Pleader opposed the application. The learned District Judge came to the conclusion that in the absence of 'any evidence about the real loss incurred by the petitioner in business and any evidence that he has no share in the joint family property, there was no prima facie case in the petitioner's favour and that a prima facie case of insolvency had to be established by the pe...
Tag this Judgment!Raghunath Paramanik Vs. State
Court: Orissa
Decided on: Dec-05-1957
Reported in: AIR1958Ori92; 24(1958)CLT108; 1958CriLJ651
P.V.B. Rao, J.1. The appellant Raghunath Paramanik was convicted by the judgment of Shri B. Panda, Sessions Judge, Koraput Jeypore for an offence punishable under Section 302 I. P. C. for having, on 1-4-55 at the village Mundigumma, caused the death of one Khila Saturu aged about 25 years by shooting him with an M.L. Gun (M. O. I.) and was sentenced to imprisonment for life.2. The appellant was a member of the District Police, Koraput and was attached as a constable to the Kendakamberu outpost under Markangiri Police station. The prosecution case is that on 29-3-55, he was deputed on duty by the Assistant Sub Inspector (P. W. 7) to the beat No. 2 under a command certificate (Ext. 3) and that on the date of occurrence (1-4-55) the appellant went to the village Bakuli and asked the village Naiko Khila Ghasi (P. W. 1) to supply him with 10 manos of Mircha (chillies) and one Putti of Mandia (ragi). P. W. 1 gave him 5 manos of Mandia and 5 manos of Mircha and being asked by the appellant th...
Tag this Judgment!Kora Rana Vs. Saibo Behera and ors.
Court: Orissa
Decided on: Dec-04-1957
Reported in: AIR1958Ori81
G.C. Das, J.1. This is a defendants' appeal directed against an appellate decree passed by the learned Subordinate Judge, Berhampur, in Title Appeal No. 36 of 1951, allowing the plaintiff to recover full possession of the suit-properties from the defendants, and to realise past mesne profits, as decreed by the learned Munsif.2. The plaintiff commenced a suit (Title suit No. 114/49) for recovery of possession of the disputed properties after evicting the defendants therefrom. The plaintiff's case was that he purchased the suit properties by a registered deed of sale on 2-11-1936, and sometime thereafter left for Burma. He returned from Rangoon in the year 1949, to find the defendants in possession of the said land and they would not vacate in spite of his repeated demands.He sent a registered notice to the defendants calling upon them to deliver possession of the suit-lands with mesne profits. To this notice, the first defendant's reply was that he had purchased the suit-lands from Cham...
Tag this Judgment!Mohammad Asgar Ali Vs. Narayan Mohapatra and ors.
Court: Orissa
Decided on: Dec-04-1957
Reported in: AIR1958Ori101; 24(1958)CLT224
S.P. Mohapatra, J.1. This appeal has been filed by the plaintiff against the confirming judgment dated 12-8-1953 of the First Additional Subordinate Judge of Cuttack arising out of a suit for ejectment. The plaintiff's case is that .03 acres of the disputed land appertains to Current Settlement plot No. 417 in Khuta No. 493 which is a chandana holding, that the disputed plot belonged to one Karuna Bai who died leaving as her heir a daughter of Chandramoni alias Chandi; and the plaintiff claims title on the basis of a Kabala registered on 30-9-1946 which was for a consideration of Rs. 100/- and executed by the said Chandramoni. According to the plaintiff, defendants 1 to 7 were tenants-at-will in respect of the disputed plot and after service of notice and several demands as they did not vacate the suit land the plaintiff has brought the action on the basis that defendants 1 to 7 are mere trespassers, and as such are liable to be evicted.2. Defendants 1 to 7 in their joint written state...
Tag this Judgment!Basu Domb and ors. Vs. State
Court: Orissa
Decided on: Dec-04-1957
Reported in: AIR1959Ori171; 24(1958)CLT70; 1959CriLJ1203
P.V.B. Rao, J.1. The five appellants were convicted by Shri B. Panda, Sessions Judge, Koraput, Jeypore for an offence of dacoity punishable under Section 395, I. P. C. and were sentenced each to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50/-, in default to undergo rigorous imprisonment for a further period of two months.2. The prosecution case is that on 13-9-55 the appellants along with two others committed dacoity inside a forest known as Kadamapadara by robbing one Kusuna Rampuria (P. W. 1), his wife (P.. W. 2) and his sister (P. W. 3) of their gold and belongings by show of force. P. W. 1 Kusuna Rampuria is a resident of the village Gadagunda and runs a tea~ stall and carries on a small shop of sundry consumers' goods in his village. He also takes his tea-stall and the shop for sale at the Ramgiri and Pra-dhaniguda Hats on Tuesday and Thursday. It is stated that on the date of occurrence (Tuesday), P. W. 1 along with his wife Tulsa Bhumiani and his siste...
Tag this Judgment!Ramanarayan Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-04-1957
Reported in: 24(1958)CLT441; (1959)ILLJ536Ori
ORDERNarasimhan, C.J.1. This is a petition under Article 226 of the Constitution by one Ramnarayan Das who was a probationary sub-inspector of police against the following order passed by Sri R.C. Dash, Deputy Inspector-General of Police, Southern Range, on 11 December 1954 discharging him from service for unsatisfactory work and conduct.Range Order No. 371/SR. dated 11 December 1954Probationary Sub-Inspector Ramnarayan Das of Cuttack district is discharged from service for unsatisfactory work and conduct with effect from the date the order is served on him.(Sd.) R.C. Dash,Deputy Inspector-General,Southern Range,Orissa, Cuttack2. The petitioner was a probationary sub-inspector of police in the Orissa Police Force and on 28 July 1954 he was served with a notice calling upon him to show cause why he may not be discharged from service for gross neglect of duty and unsatisfactory work. Ten specific instances of neglect of duty were mentioned in the charge and two instances of misconduct in...
Tag this Judgment!Raghu Patro Apparao Patnaik Vs. the State of Orissa and anr.
Court: Orissa
Decided on: Dec-02-1957
Reported in: AIR1958Ori202; (1958)IILLJ430Ori; (1958)IILLJ430Ori
R. L. Narasimham, C. J. 1. This is a petition under Article 226 of the Constitution by the Sheristadar of the Munsif's Court, Berhampur, against the order of the District Judge, Berhampur, conveyed in his Memo No. 119-III-D. 3/53-55, dated the 18-1-1955, declining to give further extension of service to the petitioner and directing his retirement with effect from the 1-7-1955.2. The petitioner was a ministerial officer attached to the District Judge's office at Berhampur. He attained the age of superannuation (55 years) on the 1-7-1953 while working as Sheristadar of the Munsif's Court. Under sub-rule (b) of Rule 71 of the Orissa Service Code (Vol I), a ministerial officer may be required to retire at the age of 55 years, but should ordinarily be retained in service, if he continues to be efficient, upto the age of 60 years.When the' time for his superannuation drew near, the District Judge, after inspection 'of the Munsif's court and review of his work, granted him an extension of ser...
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