Orissa Court March 1960 Judgments
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Sagar Jena Vs. Kantha Jena and anr.
Court: Orissa
Decided on: Mar-04-1960
Reported in: AIR1961Ori35; 26(1960)CLT379
S.P. Mohapatra, J.1. Defendant No. 1 has brought this appeal against the reversing judgment of the lower court below arising out of a suit for declaration of title and for recovery of possession on the basis that defendant No. 1 was not the adopted son of Halu Jena. Dhobe Jena and Halu Jena were two brothers. Halu Jena died in September, 1943 leaving behind a widow Petai Bewa. The plaintiff is son of Dhobe Jena. Another son of Dhobe Jena is defendant No. 3. The present defendant No. 1 is one Sagara Swain who is alleged to be the adopted son of Halu Jena, the adoption being challenged by the present plaintiff.The defence was two-fold -- that Halu adopted defendant No. 1 as his son in the year 1915 and further that the present suit is barred by limitation as the case is covered under Article 118 of the Limitation Act. The trial Court dismissed the plaintiff's suit finding that defendant No. 1 was adopted by Halu Jena. He further found that the suit is barred by limitation as the plaintif...
Smt. Beherani Vs. Dhormu Gowdo
Court: Orissa
Decided on: Mar-04-1960
Reported in: AIR1960Ori223; 26(1960)CLT434
S.P. Mohapatra, J.1. This is a plaintiff's second appeal against the confirming judgments of the Courts below for declaration, of title and for possession in respect of the lands, descriptions of which are given in the schedule attached to the plaint, the area being 1.60. Plaintiff is the widowed sister of defendant. According to the plaintiff's version the suit lands were allotted to her in a family partition on the basis of an award (Ext. 6 dated 28-3-1942). The award was duly registered and accordingly the plaintiff was in possession in lieu of her maintenance as fixed by arbitrators.The defendant was the cultivating lessee in respect of the disputed lands but as he refused to vacate the present suit has been brought. The defence was that this property was allotted to the defendant in the family partition and there was a subsequent material alteration in the award allotting the property to the plaintiff. The terms of the award having been materially altered, they are not effective. ...
The State Vs. Mohan Patra
Court: Orissa
Decided on: Mar-04-1960
Reported in: 26(1960)CLT322; 1961CriLJ828
G.C. Das, J.1.This is an appeal by the State or Orissa directed against an order of acquittal of the respondent, recorded by the Sessions Judge of Mayurbhanj in Criminal Appeal No. 38-M of 1959.2. the prosecution case was that the respondent's house was raided on December 29, 1958, at about 7 A.M. in the presence of P.W. 2 and other search witnesses. The house of the respondent was a single-roomed house wherefrom opium weighing about half a tola was recovered. Admittedly the respondent had no permission for possession of that quantity of opium. Accordingly he was charged under Section 9(a) of the Opium Act.Before the trial judge the respondent pleaded guilty to the charge, after which he was given an opportunity to cross-examine P.Ws. 1 and 2 under Section 256 of the Cr.P. Code. The respondent in his 342 statement admitted the recovery of the opium from his house but stated that he did not know as to how the opium came abput into his house. He also examined two defence witnesses in sup...
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