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Orissa Court December 1960 Judgments

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Dec 05 1960

Somanatha Patnaik and ors. Vs. Luxman Padhan

Court: Orissa

Decided on: Dec-05-1960

Reported in: AIR1962Ori38

S.P. Mohapatra, J.1. The defendants are the appellants in this Second Appeal against the confirming judgment of the lower appellate Court arising out of a suit for declaration of title of the plaintiff, as the reversioner of the last male owner Sridhar who died in the year 1931, impugning the alienation made by the daughter of Sridhar in favour of the present defendant No. 1. The daughter is defendant No, 2. The daughter's son is defendant No. 3. Sridhar's widow Sambari died in the year 1936. The Kabala impugned in the present suit by the plaintiff, asserting himself to be the reversioner next after the daughter's son, is Ex. A dated 6th February 1954 which purports to be for a consideration of Rs. 200/- in favour of defendant No. 1 executed by defendant No. 2.The plaintiff asserts that the transaction is not supported by consideration and not bona fide transaction for legal necessity and as such it is not binding against the reversioner. The defence is that the transaction is binding ...


Dec 01 1960

Trilochan Choudhury Vs. Dayanidhi Patra

Court: Orissa

Decided on: Dec-01-1960

Reported in: AIR1961Ori158

B.L. Narasimham,C.J.1. This is an appeal by the plaintiff against the decision of the Additional Subordinate Judge of Cut-tack dismissing his suit for recovery of a sum of Rs. 6000/- from the respondent on the basis of a decree given by the Second Judge of Rangoon (Ext. 2) in Suit No. 1276 of 1951, between the same parties.2. The learned Judge of the Rangoon Court decreed the plaintiff's claim for Rs. 4318/8/0 on 9-6-52 and the plaintiff after adding interest at 6 per cent per annum, filed the suit under appeal. The suit is thus based on a foreign judgment.3. The learned lower court, relying on Division Bench decision of this Court reported in Chintamoni Padhan v. Paik Samal, AIR 1956 Orissa 136 held that the foreign judgment was not given on the merits of the case and that consequently Section 13(b) of the Civil Procedure Code would not apply. He further held that the decree of the Rangoon Court could not be executed here because, at the time of the institution of the suit, Burma was ...


Dec 01 1960

Ganesh Pradhan Vs. Addl. District Magistrate Ganjam

Court: Orissa

Decided on: Dec-01-1960

Reported in: 1961CriLJ263

R.L. Narasimham, C.J.1. This is a petition under Article 226 of the Constitution challenging the validity of an order passed by the District Magistrate of Ganjam, on 24-12-59, cancelling the gun license of the petitioner.2. The Petitioner was prosecuted under Section 25 of the Madras Forest Act and under Section 353 I.P.C. for assaulting a forest guard and charge sheet was submitted. Soon afterwards the Superintendent of Police, Ganjam, in his demi-official letter No. 12234/Cr. dated 22nd December, 1959, requested the District Magistrate to cancel the gun license of the petitioner. The demi-official letter may be quoted in full,-D. O. No. 12234/Cr.ChatrapurThe 22nd December, 1959.My dear Venkataramani,As desired by you, I looked into case No. 58/59 under Section 143/379 I.P.C. of GangPur P. S. and jointly enquired with the District Forest Officer, Gangpur. My supervision note is enclosed for your information. I think, it is necessary to recommend to you that in view of the ill feeling ...


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