Orissa Court August 1960 Judgments
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Bhudhan Lal Sarma Vs. the State
Court: Orissa
Decided on: Aug-30-1960
Reported in: 1961CriLJ689
G.C. Das, J.1. This appeal by the appellant Bhudhanlal Sarma, is directed against the judgment of the learned Sessions Judge, Balasore, convicting him under Section 376, I.P.C. and sentencing him to undergo R.I. for seven years.2. The prosecution case, briefly stated, is this: The appellant Bhudhanlal Sarma committed rape on a minor girl, Ambika Dei (P.W. 1) at about 4 p.m. on the 10th November, 1959. This girl, P.W.I having lost her mother from her infancy was being brought up by her 'Mousi', Tara Dei (P.W. 3) and her 'mousa' Sanatan Jena (P.W. 4), in their house since after the death of her mother. On the date of occurrence at about 4 p.p.m P.W. 1 after collecting cowdung in the field adjoining one Edward Goshala at Sahadeb Khunta in the town of Balasore went inside the said goshala compound to wash her hands in the tank situated therein.Appellant works as the Manager in that Goshala. While P.W. 11 was coming after a wash in the tank, appellant called her standing in the pucca platfo...
Sori Dibya Vs. Kanhucharan Rath and anr.
Court: Orissa
Decided on: Aug-23-1960
Reported in: AIR1961Ori86
S.P. Mohapatra, J.1. The decree-holder is the appellant in this miscellaneous appeal arising out of proceedings under section 47, C. P. C. against the reversing judgment of the lower appellate Court accepting the objection raised by the judgment-debtors. The decree, under execution, is one for maintenance and was passed on 5th December 1956. Execution case was started in the year 1955 for arrears of maintenance of past three years prior to the institution of the execution petition. The judgment-debtors filed a petition under Section 47, C. P. C. which was numbered as Misc. Case No. 100 of 1956 wherein the judgment-debtors took the objection that the decree was barred by limitation and further execution could not proceed as the decree had been fully satisfied.This petition under Section 47 was dismissed for default on 16th July 1956 in the presence of the decree-holder. Thereafter the judgment-debtors filed a petition for restoration of Misc. Case No. 100/1956. It was ordered by the exe...
State of Orissa Vs. Khan Saheb Md. Khan and ors.
Court: Orissa
Decided on: Aug-18-1960
Reported in: AIR1961Ori75
Mohapatra, J.1. This First Appeal has been filed by the State of Orissa against the judgment and decree dated 4th March, 1953 of Sri K. C. Mohapatra, First Additional Subordinate Judge of Cuttack, arising out of a suit brought by the original plaintiff Khan Sabeb Md. Khan for recovery of damages of Rs. 2,09,500/-on the following allegations:On 25th August, 1946 two Forest contracts were transacted between the parties, that is, the plaintiff and the Government of Orissa -- one executed by the Secretary to the Government for a consideration of Rs. 40,588/- and the other signed by the Divisional Forest Officer, Angul Forest Division, and the Deputy Commissioner of Angul on behalf of the Governor of Orissa for a consideration of Rs. 40,587/-, on the basis of which the Government of Orissa granted to the plaintiff exclusive monopoly rights to pluck, remove and appropriate for sale for profits in due course of trade the entire Kendu leaf crop of all the Government reserved forests, demarcate...
Shaikh Safir Mahammad and anr. Vs. Basir Mahammad
Court: Orissa
Decided on: Aug-12-1960
Reported in: AIR1961Ori92
Mohapatra, J. 1. Defendants 1 and 2 are the appellants in this first appeal against the judgment and decree dated 31st August, 1955 of Sri B. K. Das, Subordinate Judge of Baripada, arising out of a suit for partition brought by the plaintiff. The plaintiff and defendant No. 1 are two brothers. Defendant No. 2 is the wife of defendant No. 1. The properties sought to be partitioned are described in three schedules of the plaint. Schedule A refers to immovable properties and Schs. B and C are in respect of movables. It is to be noted here that the Suit for partition in respect of B and C schedule properties has been dismissed by the learned Subordinate Judge and there being no cross-appeal, to that extent the judgment of the learned Subordinate Judge is final. This appeal by the defendants is only in respect of the immovable properties described in three items appertaining to schedule A. The learned Subordinate Judge has allowed a decree in favour of the plaintiff for partition in respect...
State of Orissa Vs. M.V. Apparao
Court: Orissa
Decided on: Aug-12-1960
Reported in: 1961CriLJ518
J.K. Misra, J.1. The Chief Inspector of Factories, Orissa forwarded a complaint to the Sub Divisional Magistrate, Sambalpur Sadar, against the accused for prosecution under Section 92 of the Factories Act, the accused being alleged to have used a building as a factory without the prior approval of plans of the said building by the Chief Inspector of Factories, for not submitting an application in the prescribed form to the Chief Inspector for registration and grant of licence to the factory, and for not depositing the licence fees for registration with the Chiet Inspector of Factories. This complaint, which was forwarded on 8-2-59, was received by the Sub-divisional Magistrate on 9-2-59, and the Sub-divisional Magistrate took cognizance of it on 13-2-59. In the forwarding letter accompanying the complaint, the Chief Inspector had observed, Shri B. Panda, Inspector of Factories, Orissa, Cuttack may appear as witness if so required' and nothing was stated as to if the Chief Inspector him...
Brajamohan Das and ors. Vs. Radhamohan Das and ors.
Court: Orissa
Decided on: Aug-11-1960
Reported in: AIR1961Ori41
Mohapatra, J.1. The plaintiffs have brought this appeal against the judgment and decree passed by the learned! Subordinate Judge of Mayurbhanj, arising out of a suit for partition in respect of -/5/4 pies interest of the plaintiffs. One Raghunath Das had four sons, Radhamohan, Suryamani, Brajmohan and Madan-mohan. Plaintiff No. 1 is Brajamohan, the third son. Plaintiffs Nos. 2 and 3 are the two sons of plaintiff No. 1. Defendant No. I is the eldest son of Raghunath. Defendant No. 5 is the last son of Raghunath, i. e. Madanmohan. Defendants Nos. 2 to 5 are the four sons of defendant No. 1, Radhamohan.Defendant No. 7 is the widow of Suryamani who died in the year 1931, The 'A' Schedule properties admittedly are the ancestral properties which are nearly 100 mans, i. e. 62 acres. The properties described in Schedule (B) according to the plaintiffs' version were acquired from out of the joint family funds, they being in acreage nearly 100 acres. Schedule 'D' describes the moveables and sche...
Maheswar Ram Vs. the State
Court: Orissa
Decided on: Aug-11-1960
Reported in: AIR1961Ori44; 26(1960)CLT549; 1961CriLJ299
ORDERR.L. Narasimham, C.J.1. The petitioner has been convicted under Section 7 of the Essential Commodities Act read with Clause 3 of the Orissa Food Grains Licensing and Storage (Regulation) Order, 1958, for being in unlawful possession of 263 maunds and 20 seers of paddy and rice and sentenced to pay a fine of Rs. 50/-, The seized paddy and rice have also been confiscated to Government.2. The facts which are unchallenged, are as follows. On 8-4-58 a motor truck Order Rule J. 838 carrying 57 maunds of rice was being driven from Keonjhar side to the village of the petitioner and the rice was kept there. The Havildar in charge of the Anti Smuggling Guard attempted to stop the vehicle but the driver did not stop it. The driver was subsequently sent up for trial under Section 113 of the Motor Vehicles Act but was acquitted and it is unnecessary to consider whether his failure to stop the vehicle was intentional or not. On the next day the house of the petitioner was searched and the afore...
Ramprapanna Ramanuj Das Vs. Sudarsan Ramanuj Das
Court: Orissa
Decided on: Aug-05-1960
Reported in: AIR1961Ori137
J.K. Misra, J.1. The plaintiff having lost his cause in both the courts below has come up with the present Second Appeal. Defendant No. 1, who is meanwhile dead, was the Mahant of the Samadhi Math at Puri. On 29-11-1944, the said Mahant executed a will 'Ext. 1' nominating the plaintiff as his successor. On 12-7-1952, he cancelled Ext. 1 by another deed (Ext. D). On that very day, he executed a will Ext. E nominating defendant No. 2 as his successor.On the same day, that is, 12-7-1952, the plaintiff brought a suit against defendant No. 1 for declaration that he was not in his proper senses and was incompetent to act as the Mahant and; that the plaintiff, as his legal heir -and successor, was entitled to act as the Mahant in his place, having been nominated by a valid will which had long since been acted upon, (vide plaint Ext. A (1)). This suit was, however, not actively proceeded' with and the plaintiff instituted another suit (vide plaint Ext. A) for a permanent injunction restraining...
Pitabash Panda Vs. the State
Court: Orissa
Decided on: Aug-03-1960
Reported in: AIR1961Ori45; 1961CriLJ300
ORDERR.L. Narasimham, C.J.1. This is a petition in revision against the appellate judgment of the Additional Sessions Judge of Berhampur, maintaining the conviction of the petitioner under Section 304A, Indian Penal Code and the sentence of fine of Rs. 1500/- passed by the Special First Class Magistrate, Aska. The petitioner was also convicted under Section 123/42 of the Motor Vehicles Act and sentenced to pay a fine of Rs. 50/-.2. The petitioner was the driver of truck No. ORG No. 262 which was engaged on the 28th Dec. 1954, in carrying a load of timber from Pudamari Jo Berhampur via Taptapani Ghat. It is admitted that the truck was loaded with timber from Pudamari and reached Taptapani at about 1 p.m. There, the owner of the timber (P. W. 1) detained the truck and gave a good feast to the driver and other persons inside the truck. At about 4 p.m, the truck left Taptapani and proceeded towards Berhampur.The road was a ghat road sloping downwards towards Berhapur side. At a place betwe...
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