Court : Orissa
Reported in : AIR1959Ori19; 1959CriLJ212
ORDERS. Barman, J.1. This revision is directed against the judgment dated April 16, 1957 passed by the Assistant Sessions Judge, Cuttack, in Criminal Appeal No. 80C of 1955, confirming the judgment dated June 11, 1956 of a 2nd class Magistrate of Jajpur, in case No. 237-C1/ST/54 of 1953 convicting the petitioners under Section 379 of the Indian Penal Code and sentencing them to a fine of Rs. 100/- each, in default to undergo rigorous imprisonment for one month each.2. The relevant facts out of which this matter arises are, shortly stated, as follows : The complainant who was the Karji of the Raja of Madhupur had kept paddy sheaves, belonging to the Raja and reaped from 4.6 acres of land of Gahir Chaka in Bhubanpur village which was in the Khas cultivation of the Raja, -- in the Khala of one Sunkar Biswal of Bhubanpur, as the Raja's own Khala was at a distance. On March 27, 1953 the petitioners forcibly took away the above paddy sheaves worth about Rs. 100/- and thereupon a criminal cas...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori58
P.V.B. Rao, J.1. Shri Nikunja Behera Singh files this appeal under Section 116A of the Representation of the People Act, 1951 against the order of Shri J.K. Misra, District Judge of Sambalpur, constituting the single man Election Tribunal dated 2-11-1957, setting aside the election of the appellant to the general seat in Bargarh constituency of the Orissa Legislative Assembly and declaring the same as void on the application filed by the respondent Shri Duryodhan Pradhan, a voter of the said constituency.2. The first respondent-petitioner is an Elector in the Bargarh Assembly Constituency of Orissa which is a double member constituency. The appellant had been elected to the general seat and Shri Bahadur Mahananda had been elected to the reserved seat for the scheduled caste, in the last general election.The petitioner's allegations are that 29-1-57 was the last date fixed for filing of nomination papers and that on the said date the appellant had an interest in a contract for the execu...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori159
R.L. Narasimham, C.J. 1. This is an application under Article 226 of the Constitution by an assessee residing within the limits of Cuttack Municipality, against an order dated the 20th August 1955, passed by the Additional District Magistrate, declining to review his previous appellate order.2. The petitioner was the owner of two-houses in holding Nos. 1637/718 and 1640/722 of Ward No. 24 of Cuttack Municipality. The two holdings were assessed to Municipal tax and the petitioner filed two appeals, Nos. 2172 and 2173 against the assessment order, under Section 153 of the Orissa Municipal Act, before the Additional District Magistrate. The appellate authority dismissed both the appeals by his order dated the 11th March 1955. The petitioner then filed two petitions before the Additional District Magistrate, for review of his appellate order, one on the 4th April 1955 an respect of Appeal No. 2172 and the other on the 2nd June 1955 in respect of Appeal No. 2173. These petitions for review ...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori251; 1958CriLJ1335
S. Barman, J.1. This is an appeal from an order passed by the Sessions Judge, Keonjhar, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for Me.2. The charge against the appellant was that on 27-10-1955 at Gurasahi he committed murder by intentionally causing the death of one Dhangada. Bhauyan and thereby committed an offence punishable under Section 302 of the Indian Penal Code, He was further charged for causing certain evidence of the said offence to disappear, to wit, throwing the dead body of the deceased in river Mahendra Tanaya, with the intention of screening himself from punishment and thereby committed an offence punishable under Section 201 of the Indian Penal Code.The appellant was also charged for having committed theft of one gold ear-ring and one gold nose-ring (M. Os. II and III) by taking them out of the possession of the deceased and thereby committed an offence punishable under Section 379 of the Indian Penal Code...
Tag this Judgment!Court : Orissa
Reported in : [1959]35ITR97(Orissa)
NARASIMHAM, C.J. - This statement of the case under section 66(2) of the Indian Income-tax Act was made by the Income-tax Appellate Tribunal in consequence of a direction issued by a Bench of this court on the 2nd February, 1956, calling upon the Tribunal to refer the following question for the decision of this court :'Whether the order of the Tribunal is illegal on account of the Tribunal having committed an error of record and the Tribunal in not having discussed the important materials in the case.'The relevant facts are as follows. The petitioner and his two sons were members of a Hindu undivided family of which he was the karta. The family separated on the 12th March, 1945. At the time of partition a sum of Rs. 10,500 alone was kept in charge of the petitioner though it was not clearly stated for what purpose it was earmarked. On the 21st January, 1946, the petitioners son Narayan Prasad Misra encashed high denomination notes of the value of Rs. 85,000 at Sambalpur treasury after ...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori153; 24(1958)CLT274; 1958CriLJ919
R.L. Narasimham, C.J. 1. This is a petition to revise an order dated 30-8-1956, passed by Sri F. C. Pradhan, First Class Magistrate, Bargarh, under Section 145 Cr. P.C., declaring the possession of the opposite party (who was the first party before him) in respect of 168.34 acres of Sir lands in village Kharsal and forbidding disturbance of such possession until eviction in due course of law. The petitioners were the second party in that proceeding before the Magistrate.2. The opposite party, Shyam Sunder Singha, is the eldest son of one Chandra Bhanu Singh, who, prior to the abolition of the zamindhari system, was the Zamindar of Kharsal Estate. One Hanuman Singha who is an agnate of the petitioners was the protected Thikadar of the village under the Zamindar. He was evicted from his rights in the village by the Zamindar by a decree of the Civil Court for failure to pay Thika Jema and possession also was obtained with the help of the Court sometime in 1932.The Sir lands of the village...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori257; (1958)24CALLT290; 1958CriLJ1425
ORDERR.L. Narasimham, C.J. 1. This is a reference by the Sessions Judge of Sambalpur, recommending the setting aside of an order dated 20th June, 1957 passed by the. Sub-divisional Magistrate, Bonai, attaching the house said to belong to the petitioner, in execution oi an order for maintenance obtained by the opposite party, Lakshmi Dei, against her husband Banamali Sahu. 2. The material facts are as follows. In M. C. No. 7 of 1947-48 opposite party Lakshmi Dei was granted a monthly maintenance of Rs. 10/-recoverable from her husband. On 30th July, 1956 she filed an application under Sub-section (3) of Section 488, Cr. P. C. (M. C. No. 20 of 1956) requesting the Court to realise arrears of maintenance due to her, amounting to Rs. 190/-. In that application she clearly stated that this sum included a sum of Rs. 120/- due to her for the year 1955 in M. C. No. 4 of 1950 which however could not be realised, and that the balance of Rs. 70/- represented the amount dua to her from January to ...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori150; 1958CriLJ916
ORDERR.L. Narasimham, C.J. 1. This reference and revision were heard analogously and will be dealt with in one judgment.2. The Orissa Branch of the Delhi Special Police Establishment of the Government of India, submitted charge-sheet for offence under Sections 409/467, I. P. C. and Section 52 of the Indian Post Offices Act 1898 (Act VI of 1898), against a Postman named Bichitrananda Mohanty, on 31-3-1955, before the Additional District Magistrate of Puri who, after a preliminary enquiry committed him for trial to the Court of Session for offences under Sections 465/471, I. P. C. and Section 52 of the Indian Post Offices Act.The substance of the allegation against him was that he abstracted two cement permits addressed to two persons, namely Sri Ramachandra Das and Sri Gadadhar Parida in two registered letters, committed misappropriation in respect of them and also fraudulently used as genuine two forged acknowledgement receipts purporting to have been given by the addressees. The Addit...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori141; 24(1958)CLT384; 1958CriLJ794
Narasimham, C.J.1. This is a revision petition against the order of the Sub-Magistrate of Kodala, summoning the petitioners for an offence under Section 380 I. P. C.2. On 27-4-1956 the opposite party Rameswar Mohapatra filed a complaint in the Court of the Sub-Magistrate of Kodala against the petitioners, alleging that on 25-4-1958 petitioner Narasingh Rout and his helpers broke open the lock put by the opposite party to his house in village Sikulia, entered the house, took away food grains and other articles kept there, and put their own lock. The learned Magistrate sent the petition to the local Police for immediate enquiry and report. It was registered as C.C. No. 14 of 1956.The Police report was to the effect that there was prima facie evidence to show that on 25-4-1956 the lock put by the opposite party was broken open and petitioner Narasingha Rout put his own lock to the house. As regards the removal of the properties, as mentioned in the complaint petition, the Police report wa...
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