Orissa Court March 1957 Judgments
Matrumal Vs. Madanlal Gourishankar
Court: Orissa
Decided on: Mar-29-1957
Reported in: AIR1957Ori177; 23(1957)CLT387
ORDERDas, J.1. This is a judgment-debtor's petition in revision against the appellate order of the learned Additional District Judge of Cuttack holding that the transferee Court had the jurisdiction to entertain the application in execution.2. The sole question for consideration in this case is whether the transferee Court has the jurisdiction to execute the decree in case the amount of the decree exceeds the limits of the pecuniary jurisdiction3. The facts are rather simple. The decree-holder obtained an ex parte decree in the original side of the Calcutta High Court on 23-7-51 arising out of a suit for recovery of a sum of Rs. 3966-0-3. On 11-2-53 the decree-holder filed an application for transfer of the said decree to the District Court at, Cuttack for execution, and accordingly, the Calcutta High Court transferred the decree for execution to the said Court. The learned District Judge by his order dated 3-3-53 sent it for execution to the Court of the second Munsif which was a. Cou...
Tag this Judgment!Nitai Naik Vs. the State
Court: Orissa
Decided on: Mar-22-1957
Reported in: AIR1957Ori168; 23(1957)CLT203; 1957CriLJ875
Mohapatra, J.1. The appellant Nitai Naik has been convicted under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life for having intentionally caused the death of one Nagai Bewa by assaulting her with a bamboo lathi on 18th of July. 1954 in the afternoon in village Paktia 111 the district of Mayurbhanj. The deceased was residing in the house of her daughter's daughter Duli Dei (P. W. 8) in the same village. The accused also belongs to the same village.But, some time after his marriage which took place nearly two years prior to the incident, he went away from the village and lived with his father-in-law in another village. He, however, returned on 16th of July, 1954 to the village Paktia and complained of reeling of head. He wanted some medicine from the deceased, who had some reputation in the locality as a quack. On 17th of July. 1954 he approached the deceased in the house of P. W. 8 for medicine and on the next day also, that is. the date of occurren...
Tag this Judgment!A. Suryanarayan Murthy Vs. P. Krishna Murty and anr.
Court: Orissa
Decided on: Mar-21-1957
Reported in: AIR1957Ori124; 23(1957)CLT291
Mohapatra, J.1. This is a Second Appeal against the confirming Judgment of Shri K. K. Bose, Additional Subordinate Judge of Berhampur, dated, the 18th December, 1950, arising out of a suit for enforcement of a marriage contract. Plaintiff No. 1 is the husband and plaintiff No. 2 is his wife.The present defendant-appellant is the maternal uncle of plaintiff No. 2. Originally, the suit was filed against the two defendants, the present appellant and also his father, who was defendant No. 1. He died during the pendency of the suit in the trial stage,Plaintiff's version is that plaintiff No. 2 being an orphan was given shelter by her maternal uncle, the present appellant and his father, the deceased deft. No. 1. They gave her in marriage but very unfortunately she became a widow shortly after the marriage. Her first husband having died on 22nd February, 1945, according to the plaintiff's version some of the relatives of the defendants induced him to marry Syamala, plaintiff No. 2 and came w...
Tag this Judgment!Ajoy Kumar Jagadev Mohapatra and anr. Vs. Saila Behari Chowdhury and o ...
Court: Orissa
Decided on: Mar-12-1957
Reported in: AIR1957Ori159
P. V. B. Rao, J. 1. These two applications under Article 226 of the Constitution raise common questions of law, are heard together and are disposed of by this judgment. 2. O. J. C. No. 211 of 1956, filed on 4-4-56, is an application by the petitioners for issue of a Writ in the nature of quo warranto against opposite party Nos. 1 to 3 who have been elected as Fellows of the Utkal University from the registered graduates constituency, the result of which has been published under notification No. A. A/C-25343-(S. E.) /55 dated the 22nd February 1956 in Orissa Gazette dated 9-3-1956 under the authority of opposite party No. 4, the Vice-chancellor Utkal University as the returning officer, as opposite party Nos. 1 to 3 have no valid authority to hold the office of the Fellows of the Utkal University and for issue of a Writ in the nature of Mandamus against opposite party Nos. 4 and 5, the Vice Chancellor and the Registrar respectively of the Utkal University for quashing the election of op...
Tag this Judgment!Narahari and ors. Vs. Muralidhar Rout and anr.
Court: Orissa
Decided on: Mar-05-1957
Reported in: AIR1957Ori151; 23(1957)CLT280
P.V.B. Rao, J. 1. The defendants file this appeal against the confirming judgment of the Subordinate Judge of Balasore decreeing the plaintiff's suit for a declaration of title and confirmation of possession of the suit lands under C. S. plots 881 and 882 in Dharmagatpur village and for damages. 2. The plaintiff's case is that the suit lands were recorded in the names of defendants 2, 3 and 6 and Sama Rout and Dasa Rout. They were put to auction in rent execution case No. 299 of 1933-34 and were purchased by plaintiff No. 1 for a sum of Rs. 50. All the recorded tenants were made defendants in that suit. Plaintiff No. 1 took delivery of possession of the plots on 26-7-34. Defendant No. 1 as the next friend of defendant No. 2 instituted Original Suit No. 93 of 1934 in the Court of the Munsif, Bhadrak, for setting aside the rent sale on the ground that the sale had been obtained by fraud and collusion at the instance of plaintiff No. 1. But however the suit was withdrawn on 5-3-35 with pe...
Tag this Judgment!Srinivas Ramanuj Das Vs. Commissioner Hindu Religious Endowments
Court: Orissa
Decided on: Mar-05-1957
Reported in: AIR1957Ori180; 23(1957)CLT210
Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution against the order of the commissioner Hindu Religious Endowments, Orissa, dated the 4-2-1956, passed under Section 36 of the Orissa Hindu Religious Endowments Act 1951 (Orissa Act II of 1952). (hereinafter referred to as the Orissa Act).2. Mahant Sri Jagannath Ramanuj Das of Dakshina Parswa Math, Puri, died on the 7-9-1956. He did not give any intimation to the Endowments Commissioner about the nomination of his successor, as required by Section 39 of the Orissa Act. It is admitted that the said Math is a Maurasi Math following the Sri Sampradaya of the famous Vaishnavite Saint, Sri Ramanuja. Soon after the death of the said Mahant, the Endowments Commissioner purporting to act under Section 36 of the Act invited by public notice claims about the successor of the said Mahant. The petitioner was the only claimant before the Commissioner. He gave an intimation to the Commissioner, on the 10-10-1956, to the effec...
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