Orissa Court September 1957 Judgments
Keluni Dei and anr. Vs. Jagabandhu Naik and ors.
Court: Orissa
Decided on: Sep-25-1957
Reported in: AIR1958Ori47
Mohapatra, J.1. This second appeal has been filed by defendants 1 and 2 against the reversing judgment of Sri T.V. Rao, Subordinate Judge of Balasore, dated 15th July 1950, arising out of a suit brought by the original plaintiff Kangali Naik for declaration of title, for confirmation of possession, or, in the alternative, recovery of possession. Rushi and Kangali (the original plaintiff) were two brothers.Rushi is long dead leaving behind him his two sons Bhagirathi and Balaram. Both the brothers Bhagirathi and Balaram died in the same month, that is, October-November of 1939 and at an interval of nearly 10 or 12 days as the deaths were due to cholera. But nevertheless it is the admitted position that Balaram died first leaving behind him his only heir the widow Pitei. Pitei died after April 1944. Bhagirathi died leaving behind him his widow Keluni (defendant No. 1) and his daughter Malati (defendant No. 2). It is in respect of the interest of Balaram that the present controversy arise...
Tag this Judgment!Jogeswar Sahu Vs. Bishnu Majhi and anr.
Court: Orissa
Decided on: Sep-25-1957
Reported in: AIR1958Ori145
S.P. Mohapatra, J. 1. This second appeal has been filed by defendant No. 2 against the appellate judgment of Sri R.C. Misra, District Judge of Sambalpur, confirming a decision of the Additional Subordinate Judge, arising out of a suit brought by plaintiff Bishnu Majhi for declaration of his title and recovery of possession in respect of 30.11 acres of lands described in the schedule attached to the plaint which were originally Sir lands within the Boarasambar zamindary.Defendant No. 1 was the zamindar and defendant No. 2 claims by virtue of a lease granted in his favour by the zamindar. The plaintiff's case is that the disputed Sir lands along with other substantial acreage appertain to the Thiccadari village which was in possession of the ancestors of the plaintiffs for more than 100 years. Krishna, the great-grandfather of the present plaintiff acquired the Thiccadari interest and was granted the protection certificate in the year 1891 after an enquiry was made by Mr. Priest who foun...
Tag this Judgment!Sadasiv Das and ors. Vs. State
Court: Orissa
Decided on: Sep-20-1957
Reported in: AIR1958Ori51; 1958CriLJ534
P.V.B. Rao, J.1. The 18 appellants in Criminal Appeal No. 2 of 1956 and the appellant in Criminal Appeal No. 13 of 1956 were convicted by the learned Assistant Sessions Judge, Mayurbhanj after trial of these 19 persons along with 11 others on charges under Sections 395 and 412, I. P. C. and were sentenced to various terms of imprisonment. Appellants Nos. 1 to 7, 9, 10, 12 to 14, 17 and 18 were convicted Hinder Section 395 I. P. C. and were each sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 300/- in default to undergo rigorous imprisonment for a further period of 3 months.Appellants Nos. 8 and 16 were convicted under Section 412 I. P. C. and were each sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 50/- in default to undergo rigorous imprisonment for a further period of one month. Appellants Nos. 11 and 15 were convicted under Section 412 I. P. C. and were each sentenced to undergo rigorous imprisonment for 5 years and t...
Tag this Judgment!Gurrala Jaggarao and ors. Vs. Gopisetti Bhaaskara Ramchandra Rao Dora
Court: Orissa
Decided on: Sep-20-1957
Reported in: AIR1958Ori58
Mohapatra, J.1. This is a defendant's first appeal against the judgment and decree dated 19th December 1949 of Sri S.C. Das, Additional Subordinate Judge of Berhampur, arising out of a suit for declaration of title, recovery of possession and for past mesne profits amounting to Rs. 1,500. The plaintiff also has prayed for future mesne profits till delivery of possession. The disputed land appertains to Patta No. 75 with an area 47.60 acres.2. One Gurrala Kurmayya, who died in the year 1919 had three sons, Ramaswamy, Jaggarao and Ramamurty. The original defendant No. 1 was Jaggarao. His two sons are defendants 2 and 3 in the present suit. Defendant No. 4 is Ramamurty and defendants 5 and 6 are the sons of Ramaswami who died long before, the present suit. Defendant No. 1 died after the decree but before the appeal was filed. His sons were already parties and his widow Gurrala Ramulu has been made a party as defendant-appellant No. 9. Defendants 7 and 8 are strangers to the family and wer...
Tag this Judgment!Patar Munda Vs. State
Court: Orissa
Decided on: Sep-13-1957
Reported in: AIR1958Ori69; 23(1957)CLT428; 1958CriLJ541
P.V.B. Rao, J.1. The appellant was convicted by the learned Sessions Judge of Mayurbhanj, Shri A.R. Guru,on the offences punishable under Sections 302, 324 and 353. I. P. C., and was sentenced to imprisonment for life under Section 302, I. P. C., but no separate sentences were passed under Sections 324 and 353, I. P. C. The learned Sessions Judge also directed that the knife (M. O. I.) was to be returned to P. W. 8 and the axe (M. O. II) was to be returned to P. W. 10 after the expiry of the period of appeal if there be no appeal, or after the disposal of the appeal if there be any; and that if P. Ws. 8 and 10 or any of them disliked to take back, they might be forfeited to the State Government. No order was passed with regard to the rifle (M. O. III) for its disposal as it belonged to the Government.2. The prosecution case is briefly as follows: Shri Nirmal Chandra Patnaik, Sub-Deputy Collector (P. W. 20) was camping in the local school of Erundei village having gone there to distribu...
Tag this Judgment!Panchanan Dalai and anr. Vs. Lakshmidhar Dalai and ors.
Court: Orissa
Decided on: Sep-13-1957
Reported in: AIR1958Ori65; 23(1957)CLT440
Das, J.1. This appeal by defendants 1 and 2 is directed against the judgment of the Additional Subordinate Judge of Puri dated 17-10-49 decreeing the plaintiff's suit preliminarily for partition. The plaintiff commenced the suit basing his claim on a deed of family settlement (Ext. 2) dated 15-7-26, in accordance with which he claimed five annas ten pies share in the joint family property and the defendants 1 and 2 were entitled to five annas one pie share each. It would be convenient at this place to set out the family genealogy which is as under : KAPILA DALAI | ----------------------------------------------------------------------------- | | | | | | Basudeb Kasinath Biswanath Gangadhar Chakradhar Panchanan (Died in 1915) (Died in 1939) (Died issue- (Died issueless in 1915) (Deft.1) | | less in 1915) | | Laxmidhar Ramachandra (Pltf.) (Deft.2)According to the plaintiff, Basudeb the eldest son of Kapila Dalai was taken in adoption by him before he had any natural born son. Basudeb, af...
Tag this Judgment!Budhi Jena Vs. Dhobai Naik and anr.
Court: Orissa
Decided on: Sep-03-1957
Reported in: AIR1958Ori7; 24(1958)CLT100
Mohapatra J. 1. Defendant No. 2 Budhi Jena being unsuccessful in both the Courts below has filed this second appeal against the confirming decision of Sri L. Panda, Subordinate Judge of Puri. The plaintiff has brought the suit for a declaration that the sale deeds dated 24th May, 1944 (Ext. A/1) and dated 9th June, 1949 (Ext. A) are invalid and inoperative against his interest. The suit property with an area 34, i.e., less than a gunth appertains to plot Nos. 287 and 289 of Khata No. 60 of Mouza Banarai. Undoubtedly this is the ancestral property of the plaintiff.The plaintiff was absent at Rangoon for a number of years during which period the plaintiff's wife Nila Dei executed the first sale deed dated 24th May, 1944 (Ext. A/1) in favour of defendant No. 1 for herself and as guardian of her two minor sons. The second transaction (Ext. A) is by defendant No. 1 in favour of defendant No. 2. The plaintiff's main attack is that the transaction in favour of defendant No. 1 by Nila, his wif...
Tag this Judgment!Epari Chinnakrishna Murty Vs. Sales Tax Officer
Court: Orissa
Decided on: Sep-03-1957
Reported in: 23(1957)CLT423; [1957]8STC862(Orissa)
Mohapatra, J.1. This is a petition under Articles 226 and 227 of the Constitution of India with a prayer for the issue of order or writ in the nature of certiorari or other appropriate writ and for quashing the proceedings under Section 12(7) of the Orissa Sales Tax Act, 1947. The petitioner, in his petition, states that he is a merchant carrying on business in bullion and gold and silver ornaments at Berhampur ; he has got himself registered as a dealer under the Orissa Sales Tax Act; and he is a member of the Berhampur Bullion Merchants Association. He relies upon a notification of the Government of Orissa (No. 8727-C.T. 66/49 F, dated 1st July, 1949), wherein the sales of gold ornaments by a manufacturer, who charged separately for the value of gold and the cost of manufacture, are exempted from sales tax. On an enquiry made by the Department, after issue of proper notices under the Act, the assessments for the quarters ending on 3oth September, 1952, to the quarter ending on 31st M...
Tag this Judgment!Ramakrushna Mohapatra and ors. Vs. Gangadhar Mohapatra and ors.
Court: Orissa
Decided on: Sep-02-1957
Reported in: AIR1958Ori26
Das, J. 1. This is a defendant's appeal (defendants 1 to 4 and 6 to 10) against the reversing judgment of the first additional subordinate Judge, Puri, decreeing the plaintiff's suit for a permanent injunction restraining the defendants from constructing a two-storied building within the inner compound wall of the temple of Lord Jagannath at Puri, any higher than the height of the said wall, and for restraining the defendants from defacing the said compound wall in any manner and to demolish the recent brick structure constructed over the same. 2. The plaintiffs described themselves as the members of an association or 'Nijog' commonly known as 'Suar Nijog' and filed the suit in a representative character under Order 1, Rule 8, C. P. C. The appellants similarly were sued in the representative character representing the 'Pratihari Nijog' under the same provisions of the Code of Civil Procedure. The Raja of Puri is the Superintendent of the temple of Lord Jagannath who it is alleged, had ...
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