Orissa Court August 1957 Judgments
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Madan Lal Jojodia Vs. the State
Court: Orissa
Decided on: Aug-30-1957
Reported in: AIR1958Ori1; 1958CriLJ59
Narasimham C.J. 1. This is a petition in revision against an interlocutory order dated 4-9-1956 passed by the Sub-divisional Magistrate of Khurda in a criminal case under Section 409, Penal Code, pending against the petitioner in his file.2. The learned Magistrate, at the request of the prosecution, called upon the petitioner-accused to produce his F. P. S. Register (Foodgrains Procurement Stock Register). This order appears to have been passed by the Magistrate under Section 94, Criminal Procedure Code, though that section was not expressly quoted in the order.The order was challenged as unconstitutional on the ground that it contravened the fundamental right guaranteed by Clause (3) of Article 20 of the Constitution, Reliance was placed mainly on a recent decision of the Supreme Court reported in M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 (A), where it was held that the guarantee in Article 20(3) of the Constitution though against 'testimonial compulsion' would include protection...
Mahabir Prasad Agarwala and anr. Vs. the State
Court: Orissa
Decided on: Aug-20-1957
Reported in: AIR1958Ori11; 23(1957)CLT395; 1958CriLJ63
ORDERNarasimham, C.J.1. This is a petition in revision to quash proceeding under Section 411 of the Indian Penal Code pending against the petitioners in the Court of a 1st class Magistrate of Boudh on the ground that the entire proceeding was initiated without jurisdiction.2. On 14-12-55 one Ramgopal Seth gave a written report at Manmunda police station in Boudh sub-division to the effect that some gold ornaments and cash were stolen from his house. The local police at first recorded merely a station-diary entry but on 16-12-55 they instituted a regular F. I. R. and took up the investigation of the case. After completing investigation a Final Report was submitted on 8-2-56 to the effect that though there was some suspicion against the petitioner Mahatair Prasad Agarwala the evidence was insufficient for submitting charge-sheet against him.The Final Report appears to have been received in the Subdivisional Magistrate's office on 13-12-56 but there was some delay in its being put up befo...
Paika Padhano Vs. Pindiko Patro
Court: Orissa
Decided on: Aug-14-1957
Reported in: AIR1958Ori15; 23(1957)CLT403
Narasimham, C.J. 1. This is an appeal from the Judgment of the Agency Subordinate Judge, Balliguda, decreeing the plaintiff's suit for realisation of 'Mamuls' from his Khond tenants for the year 1946-47.2. The plaintiff is the Patro of Sarangado Muttah in Balliguda Taluk and the defendant are Khond tenants of village Koppaguda within the said Muttah. Defendant No. 1 is the Muttah Malik of the village and defendant No. 2 is the Paclhano of that village. These two defendants are aboriginal Khonds and according to the plaintiff it was their function to collect the Mamuls due to the plaintiff from the Khonds of the village and pay the same annually. The plaintiff's claim to the Mamul is based on long-standing custom which has been recognised in the well-known Taylor's Memoir at Appendix XIV-3.Exhibit 1 is an extract from the said Memoir relating to Sarangado Muttah from which it appears that the Oriya Patro of the Muttah was receiving the following payments from the Khonds of his Muttan: R...
State Vs. Jugal Kishore Nanda
Court: Orissa
Decided on: Aug-13-1957
Reported in: AIR1957Ori268; 23(1957)CLT410; 1957CriLJ1431
Balakrisiina Rao, J.1. This appeal by the Government is filed again, at the acquittal of the respondent Jugal Kishore Nanda who was tried by the Assistant Sessions Judge. Bhawani Patna on charges under Sections 409. 477A and 467 of the Indian Penal Code.2. The respondent was the money order is sue clerk of Bhawani patana Sub-Post Office in the month of May 1952. According to the prosecution case, the total amount of money orders collected by the respondent on 5-5-52 in his capacity as the money order issue clerk at the counter was Rs. 5310/9/-, but he gave credit of only Rs. 5207/1/7 and misappropriated the balance of Rs. 103/8/-. It is stated that with a view to conceal this misappropriation the respondent forced the head office copy of the original money order receipt No. 4179 (Ext. 15a) which was prepared in pen carbon process in triplicate by the respondent by mentioning therein receipt of Rs. 300/- for remittance, though the original receipt No. 4179 (Ext'. 13) which is in the han...
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