Orissa Court November 1959 Judgments
Raghunath Prusty Vs. Orissa Bank Ltd. and anr.
Court: Orissa
Decided on: Nov-30-1959
Reported in: AIR1961Ori26; [1961]31CompCas617(Orissa)
Barman, J.1. The defendant No. 1 is the petitioner in this Civil Revn. directed against an order of the Addl. Subordinate Judge, Cuttack, in mortgage suit No. 53 of 1953, who, --on a consideration of the preliminary issues raised by the defendants in the said suit as to maintainability and jurisdiction of the trial court to entertain the said suit, in view ot certain provisions of the Banking Companies Act, 1949, --held that this suit was maintainable in his court and that the said Court had jurisdiction to entertain and try the same.2. The plaintiff in the suit is Orissa Bank Ltd. The suit was filed by the plaintiff through its Official Liquidator as Liquidator of the Bank 'In Members Voluntary Liquidation'. The relevant facts shortly stated are these: In 1933 the plaintiff was registered as a company under the Indian Companies Act, 1913. The name of the Company, Orissa Bank Ltd., was registered as stated in the Memorandum and Articles of Association as appears from a copy thereof ame...
Tag this Judgment!Bata Behera Vs. Devendranath Bhol
Court: Orissa
Decided on: Nov-30-1959
Reported in: AIR1960Ori178; 26(1960)CLT25; 1960CriLJ1353
ORDERR.L. Narasimham, C.J.1. This is a petition, in revision, againstthe appellate judgment of the Sessions Judge of Cuttack maintaining the conviction of the petitioner under Section 504 I. P. C. and Section 352 I. P. C. and the sentence of fine of Rs. 25/- passed on him by a Second Class Magistrate of Cuttack.2. The facts as found by the two lower Courts are that on 23-9-56 at about 9 a.m. when the complainant was passing along the road near Jholasahi Girls' School in Cuttack town he had an altercation with the petitioner regarding the settlement of accounts in respect of some financial transactions between the two. It was alleged that during that altercation the petitioner got enraged and pulled away the wearing apparel of the complainant, tearing a major portion of it, thereby making him halt naked and also picked up two brickbats with a view to throw them at the complainant and further abused him in filthy language. Nothing untoward however happened as several persons prevented fu...
Tag this Judgment!Nanda Kishore Mohanty Vs. the State
Court: Orissa
Decided on: Nov-26-1959
Reported in: AIR1961Ori29; 26(1960)CLT298; 1961CriLJ132a
ORDERR.L. Narasimham, C.J.1. This is a petition, in revision, against the appellate judgment of the Sessions Judge of Cuttack-Dhenkanal, maintaining the conviction of the petitioner for various offences, and the sentence passed against him by Sri S. N. Rath. Sub-Divisional Magistrate of Talcher by his order dated 11-8-1956.2. The petitioner is alleged to be one of the important labour leaders attached to the Labour Union of Villiers Colliery at Talcher. On 6-10-55 some trouble took place between the labourers of that colliery on the one hand and some of the loyal employees of that colliery on the other, in the course of which many persons were injured. Fit-teen persoas were placed on trial before the Sub-Divisional Magistrate of Talcher, including the petitioner who was said to be the principal culprit being the main instigator.The learned Magistrate framed a charge under Section 148, I. P. C, against all the accused persons. In the charge, the common object of the unlawful assembly wa...
Tag this Judgment!Banka Behari Singh Vs. O.M. Thomas and ors.
Court: Orissa
Decided on: Nov-26-1959
Reported in: AIR1960Ori126; 1960CriLJ1116
ORDERR.L. Narasimham, C.J. 1. This is a petition, in revision, against the judgment of the Sessions Judge of Sambalpur, declining to interfere with an order of discharge passed by the First Class Magistrate of sambalpur.2. On the 20th July 1937 the petitioner tiled a complaint in the Court of the First Class Magistrate. Jashpurnagar, in the district of Raigarh, in Madhya Pradesh against nine persons alleging that they committed offences under Sections 500, 501 and 502 read with Section 34 of the Indian Penal Code, against him. The substance of the allegation was that in three printed books grossly defamatory statements were made against the petitioner by the authors of the same, and that the books were printed and published at the places noted in them and that they were also widely disseminated in Jashpurnagar within the said district of Raigarh where the petitioner was residing. One of the books is entitled 'Voice of Truth' of which one of the part authors is one O. M. Thomas. In that...
Tag this Judgment!Ramesh Chandra Panda and ors. Vs. Lambodar Panda and ors.
Court: Orissa
Decided on: Nov-24-1959
Reported in: AIR1960Ori95
Das, J.1. This is an appeal against the judgment of a learned Single Judge of this Court in Second Appeal No. 241 of 1955. The sole question involved is whether the plaintiffs were using the disputedpathway as of right.2. The facts are short and simple. The plaintiffs commenced a suit for declaration of their right of way over the disputed land belonging to the defendants and for a direction that the defendants should remove the obstruction raised by them over the said land and for a permanent injunction restraining them from closing the pathway. The plaintiffs' whole case was that there is a public road (plot No. 52) running east-west between the homesteads of the parties and the suit pathway is situated on the following plots of the defendants and has its point of entrance from the aforesaid public road near the front of the plaintiffs' homestead and its point of departure on a village pasture land which is on the northeast of the said path-way and is being used as a wav by the plain...
Tag this Judgment!Bishnu Dalai and ors. Vs. the State and anr.
Court: Orissa
Decided on: Nov-23-1959
Reported in: AIR1960Ori108; 26(1960)CLT164; 1960CriLJ842
ORDERG.C. Das, J.1. This is a petition by the second party against an order of the Additional District Magistrate, Cuttack, confirming the order of a Magistrate 1st Class, dated January 27, 1959. The Magistrate by his order forfeited the interim bond executed by the members of the 2nd party and issued distress warrants against them and directed the police to take them into custody for avoiding any breach of the peace.2. The facts are rather short and simple. The Magistrate took cognizance of a case under section 107 of the Code of Criminal Procedure against the present petitioners and issued notice under section 112 on August 8, 1958. By that order the Magistrate required the petitioners to show cause why they should not be ordered to execute bonds of Rs. 100/- each with sureties for the like amount for a period of one year for keeping the peace. The petitioners appeared and showed cause on August 23, 1958. Subsequently on September 26, 1958 the Sub-divisional Magistrate of Cuttack cal...
Tag this Judgment!Balasore Textile Distributors Association Vs. Indian Union (B.N. Rly.) ...
Court: Orissa
Decided on: Nov-17-1959
Reported in: AIR1960Ori119; 26(1960)CLT74
Narasimham, C. J.1. This is an appeal from the judgment of the Additional Subordinate Judge, Balasore, dismissing a suit brought by the appellant-plaintiff for recovery of compensation from the respondent -- railway administration -- for short delivery of goods. The plaintiff-appellant is a partnership firm.2. On 25-10-48 a consignment of 20 bales of cotton waste blankets was despatched by a firm in Bombay known as Sukhdeolal Ramnibas from Wadi Bandar addressed to the District Magistrate of Balasore, under Invoice No. 18 and R.R. No. 8117/58 dated 28-10-48 (Ext. A). This was despatched in Wagon No. 5999 E. I. Railway which in due course arrived at Balasore. The R/R was handed over to the plaintiff by the District Magistrate and, on its production, the plaintiff obtained delivery of the consignment on 15-11-48 from the Goods Office of the Railway at Balasore.It was noticed, however, that 11 bales were missing from, the consignment. Thereupon, on 8-12-48 the plaintiff informed the Claims...
Tag this Judgment!State of Orissa Vs. Kishore Chandra Sahu and anr.
Court: Orissa
Decided on: Nov-12-1959
Reported in: AIR1960Ori177; 26(1960)CLT169
G.C. Das, J.1. This is an appeal by the State of Orissa against the judgment of the subordinate Judge, Dhenkanal, dated 31-8-56 dismissing their appeal on the ground of limitation. The plaintiff filed a suit for a declaration that certain Government Notification was illegal, ultra vires and that he is entitled to the disputed land which was granted to him by the Ex-Ruler of Athamallik under a patta, Ext. 1. According to him, it was in pursuance of an order of the Ruler dated 10-8-1947, to sell out certain Katcha houses which had become uneconomical to the State and by virtue ot the proceeding dated 5-11-1947, a patta, Ext. 1 was executed and was handed over to the plaintiff on 3-1-1948.In the meantime the Athmallik State had been integrated into the Province of Orissa on 1-1-1948. In the meantime after the Patta was executed in favour of the plaintiff he remained in possession of the house and the land which was Order 11 acre in extent and made certain improvements. The Sub-Divisional ...
Tag this Judgment!Superintending Engineer and ors. Vs. Workmen of Machkund Hydro Electri ...
Court: Orissa
Decided on: Nov-12-1959
Reported in: AIR1960Ori205
Barman, J. 1. These nine several writ petitions herein, challenging the validity and correctness of certain awards made by the Industrial Tribunal, Orissa arose out of certain industrial disputes between the Management of Machkund Hydro Electric Project and their workmen. In five of these writ petitions a preliminary point was taken, purported to have been taken on behalf of the Andhra Pradesh Government that the Orissa Government, who had made the reference in all these cases as aforesaid was not the 'appropriate Government' within the meaning of the Industrial Disputes Act, 1947 (Act XIV of 1947) and accordingly the said reference having been invalid, it was contended that the awards made thereunder were made by the Industrial Tribunal, Orissa without jurisdiction. We propose to deal with the preliminary point first before we come to the merits of each of these petitions which were analogously heard.2. The appropriate Government as defined in Section 2(a) of the Industrial Disputes A...
Tag this Judgment!State of Orissa Vs. Ram Bahadur Thapa
Court: Orissa
Decided on: Nov-09-1959
Reported in: AIR1960Ori161; 1960CriLJ1349
Narasimham, C.J. 1. This is an appeal by the State of Orissa against an order of acquittal passed by the Sessions Judgeof Mayurbhanj in a case under Sections 302, 324 and 326 I.P.C. instituted against the respondent, a Nepali named Ram Bahadur Thapa. 2. In village Rasgovindpur in Balasore district there is an abandoned aerodrome in which was collected a large quantity of valuable aeroscrap. The Garrison Engineer of the Defence Department kept the aeroscrap in charge of two choukidars mimed Dibakar (P.W. 22) and Govind (P.W. 23) with a view to prevent pilferage by unauthorised persons. One Jagat Bandhu Chatterjee (P.W. 29) of the firm of Chatterji Brothers, Calcutta, came to Rasgovindpur accompanied by a Nepali servant named Ram Bahadur Thapa (respondent) sometime in April 1958 for the purpose of purchasing the said aeroscrap. He and his Nepali servant stayed in the house of one Krishna Chandra Patro (P.W. 26) who was keeping a tea stall in village Rasgovindpur. All round the aerodrome ...
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