Orissa Court September 1961 Judgments
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State Vs. Jagadanand Panigrahi
Court: Orissa
Decided on: Sep-12-1961
Reported in: AIR1962Ori67
Barman, J. 1. The point,--which arises in this Civil Reference by the learned District Judge of Balasore, regarding the conduct of one Sri Jagannath Panigrahi, a pleader,--is whether the pleader is guilty of unprofessional conduct for breach of retainer, under the Vakalatnama which the pleader accepted, signed and appeared for certain parties in a mutation case, in respect of certain lands, and then, notwithstanding the said retainer by his said former clients, the pleader subsequently appeared for the opposite party in a criminal proceeding, connected with the same lands in dispute.2. The facts are few and simple; Sri Jagadananda Panigrahi, pleader of Nilgiri, in the district of Balasore, appeared in a certain mutation case for fixation of rent and correction of settlement entry filed by certain persons (who were Sri Panigrahi's clients in the mutation case); the mutation petition was, however, drafted by another pleader; on May 21, 1957 Sri Panigrahi had accepted and signed the Vakal...
Gerua Biswal Vs. Kshyama Biswal
Court: Orissa
Decided on: Sep-12-1961
Reported in: AIR1962Ori107
Misra, J. 1. The present appeal is against the decision of the learned Single Judge of this Court confirming the order of the Arbitrator, Hirakud Land Orgarisation, Sambalpur, rejecting the objection of the appellant in a land acquisition proceeding. 2. The Respondent and the Appellant are two brothers, the former being the elder. They had about 10 acres of land in village Dhulunda in Sambalpur district. It was admittedly their ancestral joint family property. While they were in joint family status, some years prior to 1936 the appellant shifted to a village named Chalta under Surguja zamindary in Madhya Pradesh, where he had been married. After the appellant's shifting to Chalta, the respondent alone continued to be in possession and enjoyment of the joint family properties at Dhulunda. According to respondent's case, in 1936 partition took place between the two brothers, and in the said partition the lands at Dhulunda were allotted to the respondent and the lands at Chalta were allot...
Arun Kumar Patra Vs. Sudhansu Bala Patra
Court: Orissa
Decided on: Sep-11-1961
Reported in: AIR1962Ori65
Narasimham, C.J. 1. This is a reference under Sec. 17 of the Indian Divorce Act for confirmation of the decree of the District Judge of Cuttack annulling the marriage of the petitioner with the respondent.2. The parties are Indian Christians and it is admitted that they were lawfully married on 17-4-59 at Jamshedpur. The husband (petitioner) Is a young man aged about 26 years and his wife (respondent) is aged about 23 years. The petitioner alleged that after the marriage the respondent stayed with him at his residence till 9-5-59, but that the marriage could not be consummated on account of her aversion to have sexual intercourse With him. He further alleged that on three different occasions he attempted to have sexual intercourse with her but was unsuccessful as the respondent fainted away and was frequently complaining of burning sensation in her private parts, but she would not submit herself to medical examination. He therefore thought that there was something wrong with her though...
Radhamohan Sundara Mohapatra Vs. Sura Dei and anr.
Court: Orissa
Decided on: Sep-07-1961
Reported in: AIR1962Ori181
ORDERJ.K. Misra, J.1. The petitioner is the auction purchaser of some landed property sold in am executioncase as belonging to opposite party no. 2.Opposite party No. 1 had filed a claim case in.the said execution proceeding claiming the samelands in her own right as having been purchasedfrom opposite party No. 2 prior to the attachmentThe claim petition of the opposite party No. 1having then summarily rejected by the executingcourt, she filed a suit for declaration of her rightand for other reliefs, including permanent injunction restraining the auction purchaser from takingpossession. She also prayed for a temporary injunction restraining the petitioner from taking delivery of possession through executing Court. Anad interim injunction was granted, and notice beingissued to the petitioner he raised an objectionagainst the order of interim injunction on the ground that proper court-fee had not been paidin the suit. The trial Court accepted the petitioners contention that proper court-...
Jagabandhu Gial Vs. State
Court: Orissa
Decided on: Sep-01-1961
Reported in: 1962CriLJ569
G.C. Das, J.1. This is an appeal by the petitioner Jagabandhu Gial against his conviction Under Section 302 Indian Penal Code, and the sentence of R. I. for life for having caused the murder of one Kuba Gori, wife of Hari Gial oh January 12, I960. Originally there was another accused person along with the present appellant who stood his trial Under Section 302/34, Indian Penal Code, and has since been acquitted by the learned Sessions Judge of Koraput-Jeypore.2. Shortly stated the prosecution case is this-. in the evening of January 11, 1960, a daughter of Hari Gial died at his house in village Gialput which is a hamlet of village Tantor the village of P.Ws. 8, 9 and 10. The deceased having lost successively two daughters in course of a week, believed that those deaths were due to some witchcraft, and her suspicion including certain members of her family fell on Aita Gial, the father of the present appellant. On the morning of January 12, I960, P.Ws. 2, 8, 9 and 10 of village Tantor ar...
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