Orissa Court November 1958 Judgments
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Raghunath Jiew Thakur Vs. Shyam Sundar Mohapatra and ors.
Court: Orissa
Decided on: Nov-07-1958
Reported in: AIR1961Ori157
S.P. Mohapatra, J.1. The plaintiff has come up in this Second Appeal against the concurrent judgment ot the Courts below arising out of a suit for declaration of his rights as the Sebayat-marfatdar of the family deities Sri Raghunath Jiew and Sri Damodar Jiew and for possession of the suit property as Marfatdar. He has further prayed that the deed ot sale executed by the father of the plaintiff is not operative and binding inasmuch as it is not supported by legal necessity of the deities and that it is a void transaction. The Courts below have non-suited the plaintiff mainly on the ground that the plaintiff has made himself unfit for being a Marfatdar as he admits that he has accepted Alekh religion.2. It is to be made clear that no plea was taken by the defendants in the written statement as to under what circumstances the plaintiff is disqualified to be a Marfatdar on account of his accepting the views of the sect known as Alekhdharmist. Indeed, the plaintiff in his cross-examinauon ...
Bidyadhar Tunga Samantra Vs. Daitari Rana and ors.
Court: Orissa
Decided on: Nov-06-1958
Reported in: AIR1959Ori121; 24(1958)CLT493; 1959CriLJ886
ORDERR.L. Narasimham, C.J.1. This is a petition in revision against the appellate judgment of the Sessions Judge of Cuttack allowing Criminal Appeal No. 7-N of 1957, on his file and setting aside the conviction and sentence imposed on the opposite party by a Third Class Magistrate of Tigiria and remanding the case for rehearing. Nine members of the opposite party were tried in the Court of that Magistrate for offences under Sections 143/447 I. P. C. and 426 I. P. C.The learned Magistrate convicted them all under Section 143/447 I. P. C. but acquitted them of the offence under Section 426 I. P. C. On appeal before the learned Sessions Judge the main question of law that was urged was that the learned Magistrate omitted to comply with the provisions of Section 242 Cr. P. C. The learned Sessions Judge thought that such an omission was an incurable illegality. He relied on Express Dairy Ltd. v. Corporation of Calcutta AIR 1950 Cal 61 and Mastan Singh v. State AIR 1953 Pepsu 125. Hence, wit...
Kisanlal Kotari Vs. State of Orissa
Court: Orissa
Decided on: Nov-01-1958
Reported in: AIR1959Ori144
S.P. Mohapatra, J.1. This is a plaintiff's second appeal against the judgment and decree dated 3-5-1954 of Sri C. Mohapatra, Additional Subordinate Judge of Berhampur confirming a decision of the Munsif of Berhampur arising out of a suit for recovery of stamp duty and penalty realised by the Collector of Ganjam in exercise of his powers under the Indian Stamp Act. The plaintiff had filed a S. C. C. suit before the Munsif of Berhampur wherein he relied upon a deed which was framed as one for dissolution of partnership.It not having been stmaped, the document was sent to the Collector of Ganjam for realisation of stamp duty and penalty. The Collector thereon having construed the document as one for partnership called upon the plaintiff to pay a sum of Rs. 223/4 towards deficit stamp-duty and penalty. The plaintiff avers that the document is one for dissolution of partnership and as such he is liable to pay only Rs. 55/- as stamp-duty and penalty. He, therefore, after service of notice un...
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