Orissa Court November 1960 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Somanath Dani and ors. Vs. Shri Gopal Jew Mohaparvu and anr.
Court: Orissa
Decided on: Nov-15-1960
Reported in: AIR1961Ori105
Mohapatra, J.1. This is a First appeal against the judgment anddecree dated 5-11-1956, of Sri S. K. Mitra, Subordi-nate Judge of Sambalpur, arising out of a suit for foreclosure on the basis of a mortgage transaction dated 1-3-37 for a principal amount of Rs. 3500/-. The suit has been filed for Rs. 7000/- by the plaintiff Gopal Jew Mohapravu, represented through Raghunath Pujhari, the Manager of the deity. Defendants 1 and 2 and the deceased father of defendant No. 1 are the executants of the mortgage deed. Defendants 3 to 6 are the sons of defendant No. 2. Defendant No. 7 is a purchaser of a portion of themortgaged property. It may be noted that in the mortgage deed, the mortgagee was named as Gopal Jew Mohapravu through the then manager, Nilamani Das. The plaintiffs suit is on the basis that the mortgage transaction is for the legal necessity ofjoint family consisting of defendants 1 to 6, and as such binding on the defendants.The main defence is that the present so-called next frien...
Kanduri Maharana Vs. Banchhu Maharana and ors.
Court: Orissa
Decided on: Nov-09-1960
Reported in: AIR1961Ori203
S. Barman, J.1. The plaintiff is the appellant, in this second appeal, from a decision of the learned District Judge of Cuttack, whereby he dismissed the plaintiff's appeal from a decision of the learned Munsif of Cuttack, and held that the plaintiff is not entitled to any relief under Section 4 of the Partition Act (Act IV of 1893) on the facts and in the circumstances hereinafter stated.2. The suit property relates to one residential Gharbari plot in which the plaintiff and his brother the defendant No. 4 have jointly eight annas share and the defendant No. 1 had the remainingeight annas share therein, which ultimately was sold to the defendants Nos. 2 and 3 as hereinafter stated. A geneological table showing the relationship of the parties, -- other than defendants 2 and 3, who are outsiders -- is set out as follows: GOPAL MAHARANA | ----------------------------- | | Madha Bhagi | | Banchhu (D.1) ------------------------ | | Kanduri(Plaintiff) Panu(D.4).The plaintiff's case, shortly...
State of Orissa Vs. Netrananda Mohapatra
Court: Orissa
Decided on: Nov-08-1960
Reported in: AIR1962Ori4
Misra, J. 1. The appellant--the State of Orissa--advanced small loans to several agriculturists of Khatiar Circle in Kalahandi district in the year 1944. One Dinabandhu Defendant No. 1--in the suit and not a party to the present appeal--was then the agricultural overseer in Khariar Circle. Without any authority to realise the loans so advanced, he realised Rs. 13,000/- and odd from several loanees and credited in all Rs. 9,000/- and odd from the amounts realised by him, into the State Treasury. There was a balance of Rs. 4095-1-0 in his hand.He kept the said money, in July 1945, with one Netrananda defendant No. 2, another agricultural overseer under the State of Orissa, then working at Nawapara Circle, the said Netrananda being a close associate and friend of Dinabandhu.According to Dinabandhu, he kept the said amount with Netrananda for being credited by Netrananda into the State Treasury, whereas, according to Netrananda, Dinabandhu could not credit the amount into the treasury beca...
Indian Chemical Products Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-05-1960
Reported in: AIR1961Ori188; [1962]32CompCas908(Orissa)
Narasimham, C.J.1. This is an appeal under Clauses 4 and 6 of the Orissa High Court Order, 1948 read with Clause 10 of tile Letters Patent of the Patna High Court against the decision of the Company Judge (late Rao, J.), in Company Act Case no. 2 of 1955 directing the appellant, to rectify the Share Register by incorporating the name of Respondent No. 1 (State of Orissa) as the holder of Shares Nos. 1 to 7500. The order was passed under Section 38 of the Indian Companies Act, 1913 (Act VII of 1913 hereinafter referred to as the Act). The judgment of Rao, J. was delivered on 22nd November, 1956. But on 13th September, 1957 he passed a further order under Section 39 of the Act directing the appellant to give notice of the rectification to be filed with the Registrar within a fortnight from, that date. The appellant has also challenged the jurisdiction of the Company Judge to pass the order alleging that his order dated 13th September, 1957 was in the nature of a supplementary order not c...
Jagannath Samantra Vs. Sudarsan Das and ors.
Court: Orissa
Decided on: Nov-04-1960
Reported in: AIR1961Ori140
S. Barman, J.1. The question, -- whether a final decree, in a partition suit, against dead persons (who Were defendants in the suit) is a nullity, -- is the main point involved in this Misc. Appeal filed by the defendant, against an order of the learned Subordinate Judge, Cuttack, whereby he dismissed the defendant's petition, under Order 9, Rule 13 Civil Procedure Code, for setting aside the final decree passed in the partition suit.2. The facts are few and simple. On August 10, 1949 a preliminary decree for partition was passed in the suit. On April 24, 1950 an application tor final decree in the partition suit was filed. Thereafter some defendants died, -- defendant No. 4 died on November 18, 1950 and defendant No. 1 on August 26, 1954. On December 15, 1954 a final decree was passed in the said Partition suit, without bringing on record the legal representatives of the said two deceased defendants. On October 18, 1957 the defendant (appellant herein) made an application, under Order...
M.A. Tullock and Co. Ltd. Vs. the State of Orissa
Court: Orissa
Decided on: Nov-04-1960
Reported in: [1961]12STC278(Orissa)
G.C. Das, J. 1. These two references under Sub-section (1) of Section 24 of the Orissa Sales Tax Act (Orissa Act XIV of 1947) were made by the Member, Sales Tax Tribunal, Orissa, at the instance of a dealer, Messrs M. A. Tullock & Company. They were heard together and are governed by this common judgment.2. The facts are: Messrs M. A. Tullock and Co., Ltd. (hereinafter referred to as 'the assessee') is a registered dealer under the Orissa Sales Tax Act bearing registration certificate No. BA 1714. They had their place of business in Keonjhar within the State of Orissa. The asses-see deals in minera lores. The period of assessment relates to the second and third quarters of the year 1951, that is, quarters ending on 30th June, 1951, and 30th September, 1951. As required by the taxing authorities, the assessee submitted his returns on 25th July, 1951, and 15th November, 1951, for the aforesaid two quarters. In the return the assessee returned his gross turnover at Rs. 2,69,045-8-9 and Rs...
Udekar Vs. Chandra Sekhar Sahu and ors.
Court: Orissa
Decided on: Nov-03-1960
Reported in: AIR1961Ori111
Narasimham, C.J.1. This is an appeal, by leave, from the judgment of Mohapatra J. in Second Appeal No. 258 of 1954. 2. The appellant is the son of one Lakhan-whereas defendants 1 to 3 are the sons of one Nil-moni. Lakhan and Nihmoni are brothers. Lakhan. and his son Udekar (appellant) filed a partition suit (partition suit No. 16 of 1942) in the Court of the-Subordinate Judge of Sambalpur, for partition and separate possession of their eight annas interest in. the joint family property impleading in that suit Nilmoni and his sons (defendants 1 to 3).In that suit main defence taken was a previous-partition between the parties by metes and bounds, in respect of the same property. Though this contention was upheld by the two lower courts, on second appeal (S. A. No. 53 of 1944) the Patna High Court decreed the suit for partition holding that there was no previous partition and that the co-sharers were in separate possession of parcels of land by way of convenience.In pursuance of the afor...
- ‹ Prev
- 1
- Next ›