Orissa Court October 1962 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Gopala Padhano and ors. Vs. Ganesh Padhey
Court: Orissa
Decided on: Oct-31-1962
Reported in: AIR1964Ori27; 29(1963)CLT268
Narasimham, C.J.1. The sole point for decision in this Civil Revision is whether the valuation of the suit property for the purpose of jurisdiction should be taken to be the same as the valuation fixed for the purpose of Court tee.2. The plaintiff, brought the suit for recovery of possession and mesne profits in respect of certain plots in the raiyatwari areas of Ganjam district, where each plot is separately assessed to land revenue. Though originally he asked for declaration of title and recovery of possession, subsequently, by an amendment of the plaint, he asked for mere recovery of possession. The question of adequacy of court fee was canvassed before the lower court in the earlier stages of the suit and that Court, by its order, No. 7 dated 5th April 1958, held that the suit came under Section 7(v)(b) of the Court Fees Act, and that the valuation of the property for purposes of court fee should be taken to be ten times the revenue payable on the plots. To this sum he added the su...
Pothi Gollari Vs. Ghanni Mondal
Court: Orissa
Decided on: Oct-31-1962
Reported in: AIR1963Ori60; 1963CriLJ312
R.K. Das, J.1. This is a complainant's appeal against an appellate order dated 13-11-61 passed by the Sessions Judge, Koraput, in Cri. Appeal No. 31/61 acquitting the respondent of a charge under Section 497, I. P. C,2. The complainant appellant had given his daughter Kamli in marriage to one Bhagaban Chandal about ten years ago. Sometime after the marriage Bhagaban abandoned Kamli and married another wife. After this abandonment, when Kamli was living in her father's house the accused Ghanni Mandal induced Kamli to live with him as his wife and committed intercourse with her making her pregnant. The complainant having come to know about the pregnancy of his daughter, enquired from her and learnt that it was the accused who was responsible for her pregnancy. A punchayati was convened where the accused admitted to have illicit intercourse with Kamali, but later on resiled from that position and refused to accept her as his wife and give her any maintenance. Thereafter her father, the co...
State of Orissa Vs. Prafulla Kumar Santra
Court: Orissa
Decided on: Oct-30-1962
Reported in: AIR1964Ori46; 29(1963)CLT499; 1964CriLJ339
Barman, J. 1. The accused respondent, -- a Nazir of Phulbani Collectorate, -- was charged that he between May 1, and 7, 1957 as a servant in the employment of Government and in such capacity entrusted with cash of Rs. 11,147.46 nP. committed criminal breach of trust in respect of the same. He was convicted by the learned Munsif Magistrate but in appeal he was acquitted by the learned trial Judge.2. The accused was Nazir of Phulbani District Collectorate from April 25, 1953 to May 15, 1957 on which date he was suspended. In March 1957 there was an order for his transfer to Kalahandi and his successor was to take charge from him as Nazir. On May 1, 1957 the Officer-in-charge of Nizarat in the normal course did the monthly verification of cash and found the same to be correct. On May 3, 1957 the accused was relieved but he could not hand over charge as he was unable to pay or account for the cash in hand. On May 4, 1957 the accused's successor reported the matter to the Office Superintend...
Nidhi Padhan Vs. Bhainra Khadia and ors.
Court: Orissa
Decided on: Oct-30-1962
Reported in: AIR1963Ori133
G.K. Misra, J.1. Defendant 1 is the appellant. The following geneological tree would show the relationship in the family of the plaintiffs :X|_________________________ | |Eta Dambaru| | Suna Plff.4Cheramga W. Mst. Mangrai (D-2)|-------------------------------------------------- | | |Bhainra (Plff-1) Jhirga (Plff-2) Bhakchand (Plff-3) Plaintiffs 1 to 3 give their respective ages as 25, 22 and 20 in the cause title of the plaint on 17th May 1958 when the suit was filed. Plaintiffs' case is that the disputed land comprising an area of 7.85 acres with an annual rent of Rs. 2/14/- belonged to both the branches of Eta and Dambaru. The land was jointly possessed by them, and after their death about 14 years before the suit, plaintiffs 1 to 4 and defendant 2 continued to have joint possession of the same. Defendant 1 at the instance of the Gountia of the village, practised fraud on defendant 2 during the minority of plaintiffs 1 to 3 and made the land to be sold for Rs. 300/- under the represe...
Chinnam Ramnath Patro Vs. Chandramma Guni and anr.
Court: Orissa
Decided on: Oct-29-1962
Reported in: AIR1963Ori90; 29(1963)CLT39; 1963CriLJ602
R.K. Das, J. 1. This is an appeal by the complainant under Section 417 (3) of the Code of Criminal Procedure against an order dated 3-2-62 passed by the Sub-divisional Magistrate Bhanjanagar, in complaint case No. 31/61 acquitting the accused-respondents under Section 247, Cri. P. C. 2. The appellant filed a complaint alleging criminal trespass on his land against the accused persons, in the Court of the Sub-divisional Magistrate on 21-4-1961 which was sent to the local Revenue Inspector for enquiry and report. After several adjournments, the report of the Revenue Inspector reached the Court on 4-12-1961 when cognizance was taken and the accused persons were summoned under Section 447, I. P. C. to appear on 4-1-1962. On that day the accused persons did not appear, though the complainant was present. So the accused persons were again summoned to appear on 3-2-1962. On this date, the complainant was present in the Court from early hours, but being suddenly called by nature he left the Co...
Urlikia Medina Vs. the State
Court: Orissa
Decided on: Oct-26-1962
Reported in: AIR1964Ori149; 1964CriLJ685
Misra, J. 1. The appellant has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life. The prosecution case is that on November 7th 1960 the accused with his cousin (P. W. 1) was harvesting Kusala crop from a piece of land. The deceased protested stating that the crop had been grown by him and the accused was not entitled to remove the same. There were some altercations by exchange of words. All of a sudden the accused picked up a lathi and dealt blows on the head, neck and waist of the deceased, and the deceased fell on fire-woods which were burning there and met with instantaneous death. 2. The accused in his statement Under Section 342, Cri. P. C. admitted that he was cutting Kusala crop and that the deceased prohibited him from removing crops claiming the land to be his and that there was mutual exchange of words; but he denied to have assaulted the deceased with a stick. He stated that the deceased was drunk, he pushed him and the deceased fell ...
State of Orissa Vs. Pichika Parvatisam
Court: Orissa
Decided on: Oct-24-1962
Reported in: AIR1963Ori58; 29(1963)CLT540; 1963CriLJ310
Misra, J.1. Respondent has been acquitted of the charge under Section 376, Indian Penal Code. The prosecution case is that the accused, a minor boy of 16 years, took the victim girl aged 6 years to his house while she was playing in the afternoon of 25-5-1960, first made her to sit on a wooden plant and then made her sleep with face downwards on a paddy heap inside that room, and thereafter the accused inserted his penis into her private pacts. Her frock become blood-stained and she felt extreme pain and cried aloud. The accused consoled her by giving a pie. The girl then came out to the outer verandah of the house of the accused when Suryakanto a neighbour girl, (not examined) saw the blood on her frock and called P. W. 6 the mother of the victim girl. The girl narrated the story of rape to her mother. On getting information the father of the girl, who was a vaccinator, came to the spot and P. W. 2 narrated the same story to her father (P. W. .4). P. W. 2 was taken to the hospital at ...
Commissioner of Sales Tax Vs. Aurobindo Auto Service
Court: Orissa
Decided on: Oct-23-1962
Reported in: [1963]14STC46(Orissa)
Narasimham, C.J.1. The points of law involved in these three applications are the same and hence they are dealt with in one judgment.2. Under-section 24(2) of the Orissa Sales Tax Act, 1947, this Court directed the Member, Sales Tax Tribunal, to refer the following two questions of law :-(i) Whether in the facts and circumstances of the case the Tribunal is right in entering into the merits of the assessment while sitting in judgment over the orders of the first appellate authority rejecting first appeals summarily.(ii) Whether in the facts and circumstances of the case the Tribunal is right in holding that the notice in the instant case issued in the firm's name and served on one partner only after the dissolution of the partnership is illegal so as to vitiate the assessments made in pursuance of such notice.3. The relevant facts are as follows : The opposite party was a firm consisting of three partners, namely, R.K. Upadhyaya, B.C. Patnaik and S.K. Sen, dealing in motor car spare pa...
Hassam Vali Mohammed Vs. Commissioner of Sales Tax
Court: Orissa
Decided on: Oct-22-1962
Reported in: [1963]14STC150(Orissa)
R.L. Narasimham, C.J.1. These two special jurisdiction cases arise out of the statement of a case made by the Member, Sales Tax Tribunal, Orissa, under the directions of this Court, referring the following question for the opinion of this Court:-Whether on the facts and circumstances of this case, where a dealer applies for voluntary registration under Section 9-A of the Orissa Sales Tax Act, he can be assessed to sales tax under Section 12(5) for the period commencing from the date of the application for registration till the date on which the certificate is granted under Section 9-A.2. The facts found arc as follows : The petitioner started his business as a petty dealer on 1st February, 1957. But at that time his turnover was below the minimum prescribed for the purpose of assessment to sales tax. Nevertheless he applied for voluntary registration under Section 9-A of the Orissa Sales Tax Act (hereinafter referred to as the Act) on 23rd February, 1957. There was considerable delay o...
State of Orissa Vs. Aitu Durva and anr.
Court: Orissa
Decided on: Oct-18-1962
Reported in: 1963CriLJ475
G.K. Misra, J.1. The prosecution case is that in the morning of 28th December of 1959 Baud Naik left his village to get medicine for his wife from one Narsingh Durva. While returning back he went to Ghumaramath forest to drink Salapa juice. While in the jungle Sukman and Sukuru killed him with an axe and he died on the spot. After reaching the village Sukman told his brother Aitu Durva (Accused No. 1) that he killed Badu Naik. Accused Chaitan is the nephew of Sukuru. Aitu and Chaitan accompanied Sukman and Sukuru to the jungle where the dead body was lying. All of them carried the dead body and threw it into Kolab river. In Sessions Case No. 8 of 1960 Sukman was convicted under Sections 302 and 201, I.P.C. and Sukuru was convicted under Section 201, I.P.C. Chattan was examined as P. W. 8 and Aitu as P. W. 9 in that sessions case. Both of them deposed in the Committing Court as also in the Sessions Court that they knew that Badu Naik had been killed and on account of the request of Sukm...
- ‹ Prev
- 2
- Next ›
- Last »