Orissa Court March 1960 Judgments
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Jagannath Ramanuj Raj Deb Vs. Sri Lakshmi Narayan Tripathy and ors.
Court: Orissa
Decided on: Mar-31-1960
Reported in: AIR1960Ori197; 26(1960)CLT311
Narasimham, C.J. 1. This is an appeal by a judgment-debtor against the decision of the Subordinate Judge of Berhampur dated 17th September, 1954, over-ruling his objections under Section 47 of the Civil Procedure Code, to the execution of a compromise decree in original Suit No. 51 of 1933. That suit was brought before the Court of the Subordinate Judge of Berhampur by one Ghanashyam Deb claiming the Estate of Mandasa from one Jagannath Ramanuj Raj Deb who was alleged to be the adopted son of the previous Zamindar. The Estate was then included in the sub-division of Berhampur and was within the territorial jurisdiction of the Subordinate Judge of Berhampur (which was then a part of the Madras Presidency). When the Province of Orissa was formed with effect from 1st April 1936 Mandasa estate was separated from the Sub-division of Berhampur and included in the Sub-division of Chicacole in the Madras Presidency. As regards pending suits paragraph 20 of the Govt. of India (Constitution of O...
In Re: Orissa Chemicals and Distilleries Private Ltd.
Court: Orissa
Decided on: Mar-30-1960
Reported in: AIR1961Ori62; [1962]32CompCas497(Orissa)
ORDERS. Barman, J.1. This is an application by the Orissa Chemicals and Distilleries Private Ltd. (hereinafter referred to as the Company) for change of its registered office from Jharsuguda in the State of Orissa to Masulipatam in the State of Andhra Pradesh under Section 17 of the Indian Companies Act, 1956. The company's Head Office is at Masulipatam, Andhra Pradesh. There appears to be on record only three share-holders, all resident in Andhra Pradesh.2. The company was incorporated in March 1950, one of the objects of the company being, as appears from the Memorandum and Articles of Association, to purchase, manufacture, produce, boil, refine, prepare, import, export, sell and generally to deal in sugar, sugar-candy, jaggery, sugar-beet, sugar cane, molasses, syrups, melada, alcohol, spirits and all products or by-products thereof and food products generally and in connection therewith to acquire, construct and operate sugar and other refineries, buildings, mills, factories, disti...
Ramamoni and anr. Vs. Kasinath
Court: Orissa
Decided on: Mar-30-1960
Reported in: AIR1960Ori199; 26(1960)CLT346
Narasimham, C.J. 1. These two appeals arise out of a decision or the Subordinate Judge, Berhampur, in Title Suit No. 23 of 1943, setting aside the alienations made by defendant No. 1 in favour of the appellants, to the extent of 12 annas interest in the properties alienated. 2. The suit was brought by one Kasinath Sahu, a member of the well known Sahu family of Berhampur which was a trading family having extensive business, and owning a sugar factory at Aska and a saw mill at Russellkonda in Ganjam district. In addition they had a shop at Berhampur. The suit was brought for partition of the joint family property. Other co-sharers were impleaded as defendants 11 to 22, 29 and 34 and their relationship with the plaintiff will be clear from a perusal of the genealogical tree filed by the plaintiff. The plaintiff further impleaded defendants 23 to 28 and 30 to 33 who are strangers to the family, alleging that they were alienees from defendant No. 1, Damodar Sahu when he was-managing the bu...
Netra Parida Vs. the State and ors.
Court: Orissa
Decided on: Mar-25-1960
Reported in: 26(1960)CLT403; 1961CriLJ688
ORDERR.L. Narasimham, C.J.1.This revision petition was filed against an order of a First Class Magistrate of Nayagarh refusing to commit the accused to the Court of Session merely because the connected case has been committed for trial in the Court of Session.2. Petitioner Netrananda Parida lodged information against several persons alleging that they committed offences under Sections 147 and 323 I.P.C. at about 8 p.m. on the 27th March, 1959 in village, Badapandusara. On the same day, at about 9 p.m. one Arjun Parida lodged information against petitioner Netrananda and some other persons alleging that at about 7-30 p.m. they committed offences under Sections 147, 324, 323 and 436 I.P.C. The police investigated both the cases and submitted charge sheets in both.The case instituted by Arjun Parida was clearly one triable by the Court of Session being one under Section 436 I.P.C. while the case instituted by Netrananda was triable by a First Class Magistrate. Hence, when the latter case ...
Khetra Dolai Vs. Mohan Bissoyi
Court: Orissa
Decided on: Mar-24-1960
Reported in: AIR1961Ori37
ORDERG.C. Das, J.1. This is a defendant's application directed against an order of the Small Cause Court Judge, Berhampur, rejecting his application under Order 9 Rule 13 of the Code of Civil Procedure. The learned Judge rejected the application on the ground that the application is not maintainable, since it did not comply with the provisions of Section 17 of the Small Cause Courts Act.2. Mr. Ramdas, learned counsel on behalf of the pettioner contended that he had complied with the provisions of Section 17 within the period of limitation. In other words his contention is that he had filed a draft security bond within thirty days of the ex parte decree. The proviso to Section 17 says that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or...
Suna Satpathiani Vs. Panchanan Padhi and ors.
Court: Orissa
Decided on: Mar-12-1960
Reported in: AIR1961Ori47; 26(1960)CLT382; 1961CriLJ303
ORDERR.L. Narasimham, C.J. 1. This is a petition by one Suna Satpathiani challenging the legality of an order of acquittal under Section 345 of the Criminal Procedure Code passed by a first class Magistrate of Berhampur. 2. One Mohan Sathpathy, the husband of the petitioner filed a criminal case against the three members of the opposite party (who are his wife's own brothers) alleging that on 4-11-1957 they cut away paddy crops from some lands in village Hingalapalli which beonged to his wife. He also stated that he raised the crops on the land. In due course a regular case under Section 379 I. P. C. was started against the three members of the opposite party and! the complainant, Mohan Satpathy and 3 more witnesses were examined in chief and also cross-examined before charge. Charge was also framed under Section 379. In hisevidence he re-iterated his statement that the land belonged to his wife and that he cultivated] the same, Mohan Satpathy died on 27-6-59. On 3-10-1959, his son, Ka...
Surendra Nath Bhuyan Vs. Official Liquidator, Puri Bank Ltd.
Court: Orissa
Decided on: Mar-11-1960
Reported in: AIR1961Ori57; [1962]32CompCas584(Orissa)
S. Barman, J. 1. This is a suit by the plaintiff one Surendra Nath Bhuyan against the liquidator, Puri Bank Ltd. for setting aside an ex parte decree passed against him for a sum of Rs. 1,698/- on the facts and circumstances hereinafter stated.2. This litigation had a chequered career beginning from January 29, 1948 when the Bank filed in the court of the Subordinate Judge, Puri, a petition along with a plaint, being Misc. Case No. 9 of 1948 to sue in forma pauperis the said Surendranath Bhuyan, on his current account with the Bank as appears from the relevant order-sheet (Ext. T). The whereabouts of the said Surendra Nath Bhuyan, defendant in the said suit, were reported fo be unknown and accordingly an order for substituted service was obtained as hereinafter stated. On July 17, 1948 the said petition in forma pauperis was allowed and it was converted to Money Suit No, 437 of 1948.On August 31, 1948 there was an order for fresh service of summons on the said Bhuyan. The service was f...
The State of Orissa Vs. Iswar Das and anr.
Court: Orissa
Decided on: Mar-11-1960
Reported in: AIR1960Ori180; 1960CriLJ1355
G.C. Das, J.1. This appeal by the State of Orissa was directed against an order of acquittal of the respondents recorded by Mr. L. N. Panda, Magistrate 1st Class, Baripada. The facts leading up to this prosecution are rather simple. Messrs. S. Lal and Company have an Iron Ore Mines at Kotuput in the district of Mayurbhanj. The respondents Iswar Das and A. C. Adhikari were the agent and manager respectively of the said Company, Under Clause (i) of Section 3 of the Indian Metalliferous Mines Regulation, 1926, the owner, agent, or manager of a mine is to forward the annual return in respect of the preceding year to the District Magistrate and to the Chief Inspector of Mines. The return for the year 1957 not having been filed by the due date 21-1-58, the Chief Inspector of Mines, Dhanbad, issued a reminder on 8-4-58 for the filing of the annual return and gave 14 days' further time for the same. In spite of the reminder the return was not filed and a prosecution report was submitted by the...
Mohanta Raghabananda Das Vs. D.V.A. Naidu and anr.
Court: Orissa
Decided on: Mar-09-1960
Reported in: AIR1961Ori31
J.K. Misra, J.1. This is an appeal against the appellate judgment reversing the decree passed in favour of the plaintiff-appellant. Respondent No. 1 who is defendant No. 2 in the suit is a Civil Supply Sub-Inspector. The other defendant, a paddy procuring sub-agent, against whom the trial court decree was passed and not reversed in the first appeal, is respondent No. 2 in the present appeal. The appellant's case is that respondent No. 1, by fabricating a requisition order, which had been signed in a blank form by the S. D. M., of Russel-konda, illegally seized 196 mds. of paddy from the appellant's grain-pit which was opened at the cost of the appellant and the two defendants removed the said paddy in eleven carts, the cost of which was also paid by the appellant, and they also took away 24 gunny bags belonging to the appellant.According to the appellant, the price of the paddy removed was Rs. 1237-4-0, the cost of opening the pit was Rs. 15/-, the price of the gunny bags was Rs. 15/-,...
Chandhala Bewa Vs. Madhab Panda and ors.
Court: Orissa
Decided on: Mar-09-1960
Reported in: AIR1961Ori100; 26(1960)CLT304
S.P. Mohapatra, J. 1. This is a plaintiffs second appeal against the reversing judgment of the lower appellate Court arising out of a suit for declaration of title and for confirmation of possession, or, in the alternative, for recovery of possession. The plaintiff who is an old and illiterate widow impugns the two transactions Exs. A and C dated 31-5-45 and 14-8-45 respectively on the ground that she was never aware of the execution of the documents and she did never convey the properties which were the subject matter of these two documents in favour of the vendees. The defendants are the vendees and also subsequent transferees from the Vendees, Ex. A is in respect of an area 1.311 which purports to be for a consideration of Rs. 300/- and Ex. C in respect of homestead with an area of .041 which purports to be for a consideration of Rs. 100/-. The defence is that the transactions are bona fide and for consideration and that that suit is hit by the provisions of Article 91 of the Limita...
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