Orissa Court January 1960 Judgments
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Dirju Patra Vs. Minaketan Patel
Court: Orissa
Decided on: Jan-22-1960
Reported in: AIR1961Ori15; 26(1960)CLT216
J.K. Misra, J. 1. This is an appeal by the defendant who was unsuccessful in both the courts below. The suit land measuring 1.02 acres is a part of holding No. 5/1 measuring 16 acres and odd. The said holding was the Bhogra land in the village Sunaripali in Bolangir district. One Danara Saref was the Thikadar of the said village tip to 1941, when he being removed from the Thekadarship the plaintiff was appointed the Thekadar of the said village and he continued to be the Thekadar till after the merger of the States. In 1952 there were Bhogra conversion proceedings taken up in Bolangir district, and the plaintiff surrendering all the Bhogra lands to the Government of Orissa, the said Bhogra lands were re-settled with him by the Government, as a rayat. According to the plaintiff's case, when he became the Thekadar in 1941, he came into possession of all the Bhogra fends including the disputed land and he continued in possession thereof until the surrender and the re-settlement of the Bho...
Haji Ebrahim Haji Jamal Noor Mohd. and Co. Vs. V. Balakrishnan and anr ...
Court: Orissa
Decided on: Jan-20-1960
Reported in: AIR1961Ori18; 26(1960)CLT153
ORDERS.P. Mohapatra, J. 1. This is a civil revision presented by the plaintiffs against an , order dated 19-8-1958 of Sri J. N. Patnaik, Munsif of Cuttack, arising in the following circumstances: The plaintiff-petitioners filed a Small Cause Court suit No. 670 of 1954 which was eventually decreed on contest on 24-7-1956 with costs and future interest at the rate of six per cent per annum, from the date of judgment till realisation. Accordingly on that very day, that is, on 24-7-1956, a decree was drawn up and signed by the court awarding costs of Rs. 516-11-0. Long after the date of the decree on 18-4-1957 the Sheristadar of the Office put up a note reducing the costs to Rs. 43-13-0 only and the Court, by its order dated 22-4-1957, accepted the office-note and allowed reduction. This order of rectification was without notice to the plaintiffs or to their lawyer. A few days after the decree was amended and the costs were reduced, the present petitioners filed a review petition before th...
Hadibandhu Behera Vs. Banamali Sahu
Court: Orissa
Decided on: Jan-15-1960
Reported in: AIR1961Ori33; 26(1960)CLT249; 1961CriLJ296
ORDERR.L. Narasimham, C.J.1. This is a revision petition against the judgment of a first Class Magistrate of Angul, convicting the petitioner under Section 500 I. P.C. and sentencing him to pay a fine of Rs.50/-; in default, to undergo rigorous imprisonment for one month.2. The petitioner is said to be the headman ot the Theli community in a small area in Angul Subdivision. The complainant Banamali Sahu is also a Theli residing in village Telibuin in that Subdivision. He charged the petitioner, along with several other persons, with having committed the offence of defamation by making certain imputations against him and by out-casting him from Theli society. The incident was said to have taken place on 8-11-1958 at Telibhuin. According to him his wife was taken away by his father-in-law to his house and was not sent back and thereupon he applied to the petitioner, Hadibandhu Behera (who is the headman of their community) to call for a Punchayati and decide the matter,Accordingly a Punc...
Firm Surajmall Radhakrishna and ors. Vs. Firm Sevbux Rai Haradutta Rai
Court: Orissa
Decided on: Jan-14-1960
Reported in: AIR1960Ori165
Narasimham, C.J.1. This is an appeal by the defendant against the judgment of the learned Subordinate Judge, Puridecreeing with costs the plaintiff's suit for recovery of the sale price of a Diesel engine No. J. P. 3472 (14 H.P.) for a flour mill, said to have been delivered to the appellant-defendant by the plaintiff in pursuance of an agreement Ext. 1, dated 24-6-1949.2. As the decision of the appeal mainly depends on a proper construction of the said agreement, it may be reproduced in full :'Ext. 1 Agreement by Surajmall Radhakishan to the plaintiff, dated 24-6-1949. Surajmall Radha Krishna,Cloth Merchant,P.O. Jatni (Puri)Rly. Station Khurda Road. Ref. No. ..... Dated 24-6-49. We Surajmall Radhakrishan of Jatni, P. O. Jatni District Puri, have purchased to day the diesel engine J. P. 3472 of 14 H. P. Blackstone (English made) with flour mill and Dal mill instruments from Messrs. Shivbux Rai Haradutt Rai, Ltd. Jatni, district Puri, on the following conditions : 1. We have purchased t...
Bishnu Dayal Junjhunwalla Vs. Atal Behari Acharya and anr.
Court: Orissa
Decided on: Jan-11-1960
Reported in: AIR1960Ori172
Narasimham, C.J.1. This is an appeal from the judgment of the First Additional Subordinate Judge, Cuttack, dated 31st July 1951 dismissing with costs the plaintiff's suit for recovery of a sum of Rs. 4,000/- with interest on the basis of a hand-note, Ext. 1--(1) dated 1st January, 1947, for Rs. 4,500/- executed by defendant No. 1 in favour of the plaintiff. The suit under appeal (O. S. 202 of 1949) was instituted in the Court of the Subordinate Judge, Cuttack on the 12th September 1949. On the 23rd December 1949, defendant No. (1) Dr. Atal Behari Acharya filed another suit against Sri D.K. Jhunjhunwalla (own brother of Sri B.D. Jhunjhunwalla plaintiff in O. S. No. 202 of 1949) and another person for rendition of accounts and for other reliefs. That suit was numbered as O. S. No. 866 of 1949. Both the suits were tried analogously and disposed of by the learned Subordinate Judge in one judgment dated 31st July 1951. But in the judgment he kept the two suits separately and also discussed ...
The State Vs. Chauthmal Gandhi
Court: Orissa
Decided on: Jan-07-1960
Reported in: AIR1960Ori139; 26(1960)CLT463; 1960CriLJ1126
Narasimham, C.J. 1. This is a revision petition by the State of Orissa for enhancement of the sentence passed on the opposite party by a First Class Magistrate of Sambalpur, for an offence under Section 9(a) of Opium Act. The learned Magistrate held the opposite party guilty of unauthorised possession of 184 tolas of opium and sentenced him to rigorous imprisonment for one day and also to a fine of Rs. 150/- in default to R. I. for 15 days more. Learned Standing Counsel for the State of Orissa urged that by virtue of the amendment made to the Opium Act by Act 52 of 1957, a sentence of imprisonment was made mandatory for offences under that Act and in view of the large quantity of opium found in possession of the opposite party in this case a substantive sentence of imprisonment should have been imposed instead of a nominal sentence of one day's rigorous imprisonment. We have no doubt that the sentence is too lenient and should be enhanced if the conviction can be otherwise justified. 2...
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