Orissa Court July 1959 Judgments
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State Vs. Baikunthanath Mohanta and ors.
Court: Orissa
Decided on: Jul-23-1959
Reported in: AIR1960Ori150; 1960CriLJ1231
ORDERR.L. Narasimham, J.1. This is a reference by the Additional District Magistrate of Keonjhar, recommending the setting aside of a portion of an order of Sri R. C. Mohanty, a Third Glass Magistrate, Champua. in a criminal trial. The material facts are as follows. The police submitted charge-sheet under Section 379/34, I.P.C. against six persons. Cognizance was taken in due course and the case was transferred to the file of Sri R.C. Mohanty for disposal. That Magistrate, prior to the commencement of the trial, satisfied himself that the documents referred to in Section 173(4) Cr. P.C. were duly handed over to the accused persons. Thereafter, on 19-8-58 he perused those papers and framed charges under Section 379/34 I.P.C. Six prosecution witnesses were examined, cross-examined and discharged. The prosecution then wanted to examine an Amin and also to prove his report. The learned Magistrate thought that the Amin's report was inadmissible inasmuch as a copy of the same had not been gr...
Mali Bewa Vs. Dadhi Das
Court: Orissa
Decided on: Jul-21-1959
Reported in: AIR1960Ori81
S. Barman, J.1. This is the plaintiff's second appeal from a decision of the learned Additional Subordinate Judge Cuttack reversing a decision of the learned Munsif of Kendrapara in a suit for partition and mesne profits filed by the plaintiff against the defendant-respondent.2. The plaintiff was a widow of one Jagu Das (deceased), his other widow having been one Palini Bewa (deceased). The defendant-respondent Dadhi Das was an adopted son of the deceased Jagu Das. In 1923 the son Dahi Das filed a suit, -- being Title Suit No. 244 of 1923 against the said two widows and eleven other defendants having been the transferees from the widow in respect of certain properties, -- for a declaration that the plaintiff in the said suit (Dadhi Das) was the adopted son of deceased Jagu Das and that he was entitled to the said properties being 10 acres 45 decimals mentionedin schedule Ka to Una in the plaint therein and further that the son Dadhi Das was not bound by the alienation made by the widow...
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