Court : Orissa
Reported in : AIR1959Ori188
G.C. Das, J. 1. This appeal under Section 116A of the Representation of the People Act (Act No. 43 of 1951) (hereinafter referred to as 'the Act') is directed against an order or Shri B.C. Das, sole member of the Election Tribunal, Berhampur (Ganjam), dated 8-1-1958, dismissing the appellant's petition challenging the election of the returned candidate (respondent) to the Orissa State Legislative Assembly on grounds of corrupt practices of bribery, undue influence by threat and intimidation, systematic appeal in the name of religion and the use of religious symbols and publication of several pamphlets on grounds of religion and community, containing false statements of fact affecting the personal character and conduct of the petitioner which he either believed to be false or did not believe to be true.2. The appellant and the respondent were the only two Candidates who contested the last general election held on 12-3-1957, from the Omerkote Constituency in the District of Koraput. In t...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori113
R.L. Narasimham, C.J.1. This is an appeal by the contesting defendants (Defendants 1, 2, 4, 5, 6 and 9) against the judgment and decree of the Additional Subordinate Judge, Berhampur, passing a preliminary decree for partition, for estimation of mesne profits, and for other consequential reliefs in favour of the plaintiff. The following is the pedigree showing the relationship of the parties. MAGHANAD PADHY_DOMMI DEI | ---------------------------------------------------------- | | | | Kruttibas (Deft. No. 1) Apanna alias Pitambar (died in Surekha Sayantha (Deft.8) Madhusudan (Deft.2) Apr.1936=Malati(Plff.) (deft.9) | | ---------------------- ----------------- | | | |Padmanabg Dibyasingha Biswanath Saratha (Deft.3.) (Deft.4.) (Deft.5) (Deft.6) |Bhaskar (Deft.7)2. The plaintiff's case was that the joint family properties of her husband Pitambar and his two brothers, Kruttibas and Appanna, were partitioned by metes and bounds by four arbitrators by an award dated 9-7-1929 (Ext. 6). At th...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori89; 1959CriLJ626
S. Barman, J.1. The genesis of these contempt proceedings before us was an ordinary rent dispute between a landlord and a tenant in respect of certain lands in a certain village in an Inam estate at Berhampur in the district of Ganjam, primarily governed by the Madras Estates Land Act (Act I of 1908). The original Crl. Misc. Case No. 6 of 1955 relates to contempt proceedings. The connected writ petition being O. J. C. No. 190 of 1955, posted for hearing analogously with the said contempt matter, has since become infructuous and was not pressed and is therefore dismissed.2. The alleged contemners are one Shri Brundaban Nayak described in the records herein as betel-leaves merchant, near Railway Station,Berhampur (Ganjam) (hereinafter referred to as Shri Nayak) and Shri Balakrishna Rath, Advocate Berhampur (hereinafter referred to as Shri Rath) and Shri N.M. Patnaik, Pleader, Berhampur (hereinafter referred to as Shri Patnaik).3. The charges against Shri Nayak were these: On May 19, 1955...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori98
R.L. Narasimham, C.J.1. This is an appeal under Clause 10 of the Letters Patent of the Patna High Court (which is applicable to Orissa by virtue of the Orissa High Court Order 1948) against the judgment (in appeal) of a single Judge of this Court in Miscellaneous Appeal No. 81 of 1956. That appeal was filed against the appellate judgment of the Commissioner of Hindu Religious Endowments, Orissa (hereinafter referred to as the Commissioner) passed under Section 44 of the Orissa Hindu Religious Endowments Act 1951 (Orissa Act No. II of 1952 -- hereinafter referred to as the new Act) dismissing an appeal against the order of the Assistant Commissioner of Hindu Religious Endowments Orissa (hereinafter referred to as the Assistant Commissioner) passed under Section 41 of that Act declaring a particular religious institution to be a public one and one Ramesh Chandra Das and his agnates to be the hereditary trustees of the same.A preliminary objection was taken to the entertainability of this...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori155; 1959CriLJ1096
ORDERS. Barman, J. 1. This revision is directed against an order of conviction and sentence passed by the learned Sessions Judge, Mayurbhanj at Balasore under Section 504, Indian Penal Code confirming the order of the Magistrate first class, Bhadrak whereby the accused petitioner was convicted and sentenced to pay a fine of Rs. 50/- and in default to rigorous imprisonment for one month. 2. The facts, shortly stated, are these: The incident took place on 12-11-1956 on a paddy field which originally belonged to the accused petitioner and his brother. On the day of incident a peon of the Revenue Court of Bhadrak came to deliver possession of the field to one Gangadhar Mohapatra, the decree-holder auction-purchaser. On behalf of the decree-holder his brother Kunja Behari Mohapatra was present. The complainant opposite party alleged that Kunja Behari as well as Gangadhar were his wife's brothers and that as he went to the place of delivery of possession to satisfy the curiosity, the accused...
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