Orissa Court October 1959 Judgments
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Sheikh Makbul Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Oct-30-1959
Reported in: AIR1960Ori146
S. Barman, J.1. This is plaintiff's second appeal from a reversing decision of the learned Subordinate Judge, Balasore in Appeal No. 8 of 1956, whereby he set aside the decision of the learned Munsif and dismissed the plaintiff's suit against the Union of India, representing the appropriate Railway Administration mentioned in the plaint for alleged damages to a certain consignment of potatoes from Kanpur Central Station on the Northern Railway to Bhadrak Railway Station on the South Eastern Railway.2. The facts shortly stated are these: On 5-7-1953, 251 baskets of potatoes were consigned from Kanpur for delivery at Bhadrak. The consignment was carried by the defendant Railway from Kanpur to Bhadrak. On 19-7-1953 the goods were delivered at Bhadrak in rotten condition as alleged. On arrival of the wagon containing the said consignment it was found, as alleged to be emitting foul and obnoxious smell and some watery substance was coming out from the crevices of the doors. On opening the b...
Fagu Moharana Vs. the State
Court: Orissa
Decided on: Oct-28-1959
Reported in: AIR1961Ori71; 26(1960)CLT86; 1961CriLJ541
ORDERR.L. Narasimham, C.J.1. This is a petition, in revision, against the appellate judgment of the Additional Sessions Judge, Ganjam-Boudh, maintaining the conviction of the petitioner under Sections 279 and 337, I. P. C. passed by a First Class Magistrate of Boudh, but slightly modifying the sentence.2. The petitioner was the driver of a public bus No. O. R. C. 2114 plying between Daspalla and Boudh. At about 9-45 A.M. on 9-5-1955, there was a collision between the petitioner's bus on the one hand and a private car No. O.R.R. 2 belonging to Sri G. C. Roy, Deputy Superintendent of Railway Police, Cuttack, on the other at the 85th Milestone from Boudh on the Daspalla road. The petitioner's bus was proceeding towards Daspalla whereas Mr. Roy's car was proceeding from Daspalla towards Boudh. In consequence of the collision the car was more badly damaged than the bus and some of the inmates of the car, including Mr. Roy, sustained severe injuries.3. The case was started on the basis of a ...
Godavaris Mohapatra Vs. Rajkishore Biswal
Court: Orissa
Decided on: Oct-23-1959
Reported in: 1962CriLJ660
ORDERR.L. Narasimham, C.J.1. This is a revision against an order dated 6.2.59 passed by a first class Magistrate, Shri K.V.R. Patnaik, reviewing and cancelling his previous order directing the opposite party to pay Rs. 50/- as costs to the petitioner.2. The petitioner was undergoing trial in his Court for an offence under Section 500 I.P.C. started at the instance of the opposite party. On 14.10.58 though both parties were present, the complainant (opp. party) asked for an adjournment. The Magistrate directed him to pay Rs. 50/- as costs to the accused. Subsequently a petition was filed before the same magistrate for review of his order on the ground that while granting an adjournment under Section 344, Cri.P.C. he had no jurisdiction to award costs to either party. Then, after hearing both parties, he passed an order on 6.2.59 cancelling his previous order - relying mainly on some observations in a Single Judge decision of this Court reported in Jadumoni Mangaraj v. Sarat Chandra Das ...
Ranchhorlalji Vs. Revenue Divisional Commissioner, Northern Division a ...
Court: Orissa
Decided on: Oct-21-1959
Reported in: AIR1960Ori88
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution, challenging the validity of the appellate order dated the 2nd September, 1958 passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur, maintaining the order of the District Magistrate of Sundargarh declining to renew the temporary license granted to the petitioner to exhibit cinema films in a temporary building at Rajgangpur.2. Rajgangpur was formerly a village in Sundargarh district but it has gradually grown into a fairly big town consequent on the establishment of a Cement factory and other industrial concerns there. On the 1st January, 1951, the petitioner was first given a temporary license to exhibit cinema films at Rajgangpur. This license was renewed from time to time after the expiry of the usual period of three months and the last period of renewal expired on 31-12-57. The building where the cinema films were exhibited was a temporary structure but it appears that the petitioner w...
Annapurna Devi Vs. Satrughna Mahakud
Court: Orissa
Decided on: Oct-20-1959
Reported in: AIR1960Ori94; 26(1960)CLT155; 1960CriLJ840
ORDERR.L. Narasimham, C.J.1. This is a reference by the Additional District Magistrate of Kalahandi recommending the setting aside of an order under Section 489 Cr. P. Code passed by Sri B.C. Mitter, Magistrate First Class of Rhowanipatna.2. The material facts are as follows: The petitioner Annapurna Devi who was the wife of opposite party Satrughna Mahakud filed a petition under Section 488, Cr. P.C. on 3-5-54 before the Sub-Divisional Magistrate of Kalahandi claiming maintenance for herself and her minor children at Rs. 100/- per month. That case was heard and disposed of by Sri R.V. Mohanty who by his order dated 20-10-54 dismissed the petition holding that the evidence was not sufficient to show that the husband refused or neglected to maintain her. Against that order the petitioner filed a revision (Criminal Revision No. 4 of 1954) before the Additional District Magistrate of Kalahandi. During the pendency of the revision petition the parties entered into compromise and filed a co...
Sari Dibya Vs. Jairam Behera and ors.
Court: Orissa
Decided on: Oct-01-1959
Reported in: AIR1960Ori77
ORDERS. Barman, J.1. The auction-purchaser in an execution sale is the petitioner in this Civil Revision directed against an appellate order of the Additional District Magistrate, Cuttack, in execution appeal No. 22 of 1956-57 whereby he, -- in reversal of the order of the Rent Suit Deputy Collector, --set aside the sale in execution on the ground of fraud on an application under Section 228(2) of the Orissa Tenancy Act (Bihar and Orissa Act II of 1913).2. The matter arose thus: In a certain execution case being Execution Case No. 414 of 1952-1953 the Rent Suit Deputy Collector put to sale the properties of the judgment-debtors being opposite parties Nos. 1 and 2 herein. On March, 15,1954 the present petitioner in revision purchased the property being 0.48 cents in area for a sum of Rs. 25/- in the said execution auction sale. On July 14, 1954 the judgment-debtor opposite party No. 1 filed an application for setting aside the sale on the around of fraud under Section 228(2) of the Oris...
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