Orissa Court April 1959 Judgments
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Karunakar Das Vs. Mst. Mahakuren and ors.
Court: Orissa
Decided on: Apr-23-1959
Reported in: AIR1960Ori170
G.C. Das, J.1. This appeal was filed by the 1st defendant against the reversing judgment of the learned Subordinate Judge Bolangir decreeing the plaintiff's suit. The facts are these: The plaintiff filed a suit for declaration of title and for recovery of possession on the ground that the disputed property belonged to his uncle Bhagaban Mahakur, who died in the year 1934. After his death, his widow Samari Mahakurani executed a deed of sale in favour of the 1st defendant for a consideration of Rs. 500/-. The 1st defendant on the strength of this sale deed disturbed his possession, as a result of which a proceeding under Section 145 of the Code of Criminal Procedure was initiated, and eventually, possession was found to be in favour of the defendant by an order of the criminal Court dated 10-7-1953. Accordingly, the plaintiff was constrained to file the present suit on 2-9-1953.2. The defence of the defendant was that the sale of the property in suit was for legal necessity. Out of the c...
Gobind Chandra Sambarsingh Mohapatra Vs. Upendra Padhi and anr.
Court: Orissa
Decided on: Apr-16-1959
Reported in: AIR1960Ori29
S. Barman, J.1. In this second appeal, the defendant is the appellant from a decision of the learned Subordinate Judge, Balasore, confirming a decision of the learned Munsif of Bhadrak in a suit for damages filed by the plaintiffs-respondents for malicious prosecution.2. The matter out of which this case arose was a criminal case filed by the defendant-complainant against the plaintiff-accused under Sections 392 and 323, Indian Penal Code. Plaintiff No. 1 was the uncle of plaintiff No. 2 and they were living jointly. They were the Sevayats of the famous deity Akhandaleswar at Aradi in the district of Balasore. It appears that since before the date of the incident there were both criminal and civil litigations between the defendant-complainant and the plaintiffs-accused with the result that feelings between the parties were embittered and the alleged animosity of the defendant-complainant against the plaintiffs-accused is stated to be the genesis of the criminal case in which the defend...
Maya Dutta and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-15-1959
Reported in: AIR1960Ori7
Narasimham, C.J.1. This is an application under Article 226 of the Constitution by the widow and minor children of the late Dr. Jagadish Chandra Dutta of Sriram Chandra Bhanja Medical College Hospital, Cuttack, challenging the validity of order No. 6890-H dated 11-9-1957 (Annexure 6) issued by the Secretary to the Government of Orissa, Health Department to the Director of Health Services, Orissa, cancelling a previous order of the Government in the same Department, No. 335-H dated 11-1-1957 (Annexure 2) in which extraordinary pension was sanctioned to the widow and children of the late Dr. Dutta under Rule 10(ii) of the Orissa Civil Services (Extraordinary Pension) Rules (hereinafter referred to as the Rules).2. The late Dr. Jagadish Chandra Dutta was working as Professor of Pathology in the Sriram Chandra Bhanja Medical College Hospital, Cuttack.He was a close friend of the then Chief Minister Sri Nabakrishna Choudhury and was also Sri Choudhury's family physician.3. In April, 1953 Sr...
K. Chandrasekharam Subudi and Sons Vs. Union of India (Uoi)
Court: Orissa
Decided on: Apr-07-1959
Reported in: AIR1960Ori100
ORDERG.C. Das, J.1. This is a plaintiffs petition against the judgment of Small Cause Court Judge of Berhampur dismissing his suit (S. C, C. Suit No. 239 of 1956).2. The plaintiff commenced the suit for recovery of Rs. 220/- from the defendant-railway (South Eastern Railway) as compensation for damages to a consignment of Atta booked under R/R 5987/32, invoice No. 1 dated 27-9-55 from Bhilsa Railway Station 011 Central Railway to Berhampur Railway Station on the South Eastern Railway. The plaintiff's whole case was that they being the consignees took delivery of the aforesaid consignment on 13-10-1955 and found that some of the contents were damaged.The Station Master, Berhampur granted a certificate (Ex. 1) on 19-10-1955 to the effect that the contents to the extent of 14 maunds and 10 seers were damaged. Thereafter the plaintiff put in claim under Section 77 of the Indian Railways Act (Act IV of 1890) (hereinafter referred to as the Act) and received a reply from the Railway administ...
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