Orissa Court February 1957 Judgments
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Bhaluka Behera and ors. Vs. the State
Court: Orissa
Decided on: Feb-28-1957
Reported in: AIR1957Ori172; 23(1957)CLT234; 1957CriLJ902
Mohapatra, J. 1. This criminal appeal has been filed by the three appellants against the judgment dated 24-9-1955 of Shri B. K. Das, Assistant Sessions Judge of Mayurbhanj wherein appellant Bhaluka has been convicted under Section 467 of the I. P. C. and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for three months more. He has also been convicted under Section 82(c) of the Indian Registration Act and sentenced to undergo rigorous imprisonment for two years the sentences to run concurrently. Appellant Kalichasan stands convicted under Section 82(d) of the Indian Registration Act and has been sentenced to undergo rigorous imprisonment for two years. Appellant Madhusudan has been convicted under Section 474 of the I. P. C. and sentenced' to undergo rigorous imprisonment for five years and to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for three months more. The offences have be...
Gopinath Naik Vs. the State
Court: Orissa
Decided on: Feb-15-1957
Reported in: AIR1957Ori287; 23(1957)CLT192; 1957CriLJ1441
ORDERNarasimham, C.J. 1. This is a revision against the appellate judgment of the Additional Sessions Judge of Cuttack, maintaining the conviction of the petitioner under Section 411, I. P. C., and the sentence of six months rigorous imprisonment passed by a First Class Magistrate of Kendrapara, 2. The petitioner ana three other persons were sent up for trial for offences under Sections 457, 380 and 411, I. P. C., for having committed burglary and theft in the house of one Karunakar (P.W. 1) on the night of the 2nd March, 1954, during which a box was broken open and jewellery cash and other articles were taken away by the culprits. During the course of police investigation, some stolen ornaments were found concealed under the thatch of the cow-shed and some-other stolen ornaments were found burried in a pit in the petitioner's bari. The petitioner took the police to the place of concealment and brought Out the stolen articles, but there was evidence to show that the petitioner was not ...
Brundaban SwaIn and ors. Vs. State
Court: Orissa
Decided on: Feb-12-1957
Reported in: 1957CriLJ644
Rao, J.1.The 22 appellants along with 12 others were tried by the Additional Sessions Judge, Puri on Charges for committing rioting punishable under Section 147, I. P. C., and for being constructively liable of culpable homicide not amounting to murder punishable under Section 304 read with Section 149, I. P. C. in causing the death of Satia Behera and some of them were individually charged for voluntarily, causing hurt to Gatia Behera, Banchha, Beheraand Hadu Behera punishable under Section 323, I. P. C. on 20-10-54.Two of the accused died before trial and ten persons were acquitted by the learned Sessions Judge and all the appellants were convicted of the offence punishable under Sections 147 and 304/149, I. P. C. and were sentenced to rigorous imprisonment for two years each under Section 147, I. P. C. and appellants Benu. Swain, Udayanath Swain and Upendra alias Rupa Swain were sentenced to five years' rigorous imprisonment under Section 304/140, I. P. C. and the rest of the appell...
Sm. Zaibun Nisa Begum Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-11-1957
Reported in: AIR1957Ori194; 23(1957)CLT247
Das, J.1. This is an application under Article 226 of the Constitution for issue of an appropriate Writ, declaring the proceedings under Ordinance No. XXVII of 1949 as void and not binding upon the petitioner, in respecj of a house in the town of Sambalpur.2. The short facts leading upto the petition are : Dr. Muhammad Hussian Khan who is a uterine brother of the husband of the petitioner, before leaving for Pakisthan, on 5-3-47 executed a registered deed of gift in favour of his minor son Mohsin Khan represented by his mother guardian Salimunnissa Begum. Salimunnissa Begum on behalf of her minor son, in her turn, sold the house in question to the petitioner by a registered deed of sale for a sum of Rs. 7,500/- on 10-2-49. She thus came in possession of the house standing on Nazul plot no. 1617/2 with an area of 1160 sqr. ft., bearing Municipal holding no. 253 in Ward No. 2 in the town of Sambalpur, through her tenant Sree S. S. Das, District Engineer.3. The Orissa Administration of Ev...
Mst. Urbasi Dharuani and ors. Vs. Chandra Dharua and ors.
Court: Orissa
Decided on: Feb-08-1957
Reported in: AIR1957Ori201; 23(1957)CLT380
Das, J.1. This is an appeal by defendants 1 to 3 against the reversing judgment of the learned Subordinate Judge of Bolangir. The plaintiffs, who are respondents 1 and 2 in this appeal, filed a suit for declaration of title and recovery of possession in respect of 37.46 acres of land. The disputed properties admittedly belonged to one Bahya Dharua. Plaintiffs 1 and 2 are the sons of his daughter, Mst. Kangla who was arrayed as defendant 4 in the suit. Defendant 1 was one Mst. Urbashi the widow of Iswar who is alleged to have been adopted by Bahya.Iswar admittedly was the other son of Mst. Kangla. The plaintiffs alleged that Iswar was not the adopted son of Bahya and hence the sale effected by his widow, defendant 1, in favour of defendants 2 and 3 on 15-6-50 by a registered deed of sale is not binding upon them. Their further prayer was that the decree of the learned Subordinate Judge, Bolangir, passed in T. S. No. 17-32 of 1951-50 is similarly not binding on them.2. When the suit was ...
Fakir Charan Das Vs. the State
Court: Orissa
Decided on: Feb-08-1957
Reported in: AIR1957Ori214; 23(1957)CLT176; 1957CriLJ1151
ORDERNarasimham, C.J.1. This is a petition for setting aside a conviction under Section 188, I. P. C. and the sentence of fine, passed by the first Class Magistrate of Puri.2. The petitioner is a Member of the Orissa Legislative Assembly. On 22-1-56 in consequence of the agitation against the report of the States Reorganization Commission, acute distrubances, arose in the town of Puri resulting in the burning of the Railway Station, attack on the houses of the District Magistrate and the Superintendent of Police, and commission of various acts of violence on other public buildings. On 23-1-56 the Subdi-visional Magistrate issued an order under Section 144, Cr. P. C., prohibiting an assemblage of 5 or more persons within the municipal area. The order was in force for seven days. Again, on 29-1-56 he passed another order to the same effect which was to remain in force for 7 days, i.e. from 30-1-56 to 5-2-56 as in his opinion, the situation in the locality continued to remain the same and...
Adi Bhumiani Vs. State
Court: Orissa
Decided on: Feb-07-1957
Reported in: AIR1957Ori216; 23(1957)CLT180; 1957CriLJ1152
Rao, J.1. The appellant Adi Bhumiani was tried on a charge of murdering one Gupta Pangi, a boy aged 4. on 15-11-54 punishable under Section 302 I. P. C. and alternatively on a charge of causing disappearance of the dead body of Gupto Pangi with the intention of screening herself from legal punishment punishable under Section 201 I. P. C. and was sentenced to transportation for life for the offence of murder and in view pf her conviction under Section 302 I. P. C., was acquitted of the charge under Section 201 I. P. C., by the learned Sessions Judge, Koraput;2. One Gobindo Pangi (P. W. 16) of Bhurdi-put within Boipariguda Police Station had about six sons. Purusottam (P. W. 1) who was his eldest son was living separately from him in a house at a little distance from that of his father. Dalimbo (P. W. 2) was the married wife of Purusottam and had a daughter and a son Gupto Pangi, the deceased. About the year 1952, Purusottam brought the appellant Adi Bhumiani, a woman aged about 30 and w...
Orient Paper Mills Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-04-1957
Reported in: AIR1957Ori240; [1957]8STC749(Orissa)
Narasimham, C.J. 1. These are applications by Messrs, orient Paper Mills Ltd., against the orders of the Member (C. T.) Board of Revenue, in revision, rejecting their prayer for grant of refund under Section 14 of the Orissa Sales Tax Act, 1947 (Orissa Act XIV of 1947) (hereinafter referred to as the Act) in respect of sales tax realised from them for the quarters mentioned below:OJC No.Quarter ending.Date of assessment including inter-State sales.Date of re-assessment u/s. 12 (7) (in respect of local sales only)Date of order on appeal against assessment noted in col. 3.Date of order on revision against appeal order noted in col. 5.Amount of re-fund claimed.1234567 Rs.as.ps.184/5531-3-5026-6-5019-12-5127-1-5127-6-5134,30950185/5530-6-5023-11-5019-12-5131-1-5127-6-5195,81930186/5530-9-5029-9-5119-12-5129-2-52...135,25000187/5531-12-5029-9-5119-12-5129-2-52...137,61370188/5531-3-5129- 9-5119-12-6129-2-52...144,853002. The petitioners paid the taxes in due course but when they came to kno...
Gudla Venkataratnamma and ors. Vs. Sindhiri Satyanarayana and ors.
Court: Orissa
Decided on: Feb-01-1957
Reported in: AIR1957Ori226; 23(1957)CLT188
Das, J.1. This is a plaintiffs' second appeal against an order dismissing his suit by both the courts below. The plaintiffs commenced a suit for recovery of a certain sum of money on the foot of a promissory note. The defendant admitted the execution of the said promissory note, but denied the receipt of the consideration thereunder. His defence was that the plaintiffs assured him that the money would be paid to one L.K Biswanadham within a few days of the execution of the handnote; but they never paid it to him, and thus he was not liable.2. After some evidence was recorded at the trial, the plaintiffs filed a petition on 29-9-51 for a special oath to be taken by the defendant to which he agreed in writing. The trial court accordingly issued a writ for administering the special oath fixing 16-10-51 for return. Since the plaintiffs took objection that the defendant must repeat all the averments in his written statement on special oath the defendant was not agreeable and consequently, i...
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