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Orissa Court October 1962 Judgments

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Oct 16 1962

Kasi Prasad Sahu Vs. State of Orissa and anr.

Court: Orissa

Decided on: Oct-16-1962

Reported in: AIR1963Ori24; 29(1963)CLT76

Narasimham, C.J. 1. This is an application under Article 226 of the Constitution by an Excise Contractor residing in Bolarigir district challenging the validity of the Orissa Timber and Forest Produce Transit Rules, 1958 (hereinafter referred to as the Rules) requiring a permit from the authorised forest officials for transit of mahua flowers and other forest produce even though they have been collected from the lands of private parties and not from lands or forests belonging to Government. The Divisional Forest Officer, Bolangir Division, made it absolutely clear that Mahua flowers collected from trees standing on the lands of the tenants may be sold by them to anyone they liked and that there was no control over the sale of such flowers. But he pointed out that the transit of such flowers cannot be made without, a permit under the Rules and that the permit would be issued free of costs on a proper application by a Forest Officer. The petitioner however felt aggrieved by the said rule...


Oct 03 1962

The State Vs. Durgacharan Barik Alias Duria

Court: Orissa

Decided on: Oct-03-1962

Reported in: AIR1963Ori33

Barman, J.1. The accused Durga Charan Barik (appellant) herein, a young barber aged twenty-two years, killed one Sankar alias Lingaraj Mekap, a boy of eighteen years, by causing three long gaping injuries by razor cuts in the neck and throat in the heart of Puri town in front of jagannath Temple at broad day light in the morning of February 25, 1962. The defence took the plea of unsoundness of mind. The learned trial Judge convicted the accused of murder and sentenced him to death.2. What happened was this. The accused was a proprietor of a saloon, in Puri Town and he had an assistant. On February 25, 1962 which was a Sunday, at about. 7-30 A.M. in the morning, the deceased went to the saloon of the accused for getting himself shaved. By that time two persons had already come for shaving and hair cut. In fact, there were two shaving chairs In the saloon so that two men could be served at a time. The deceased, in his turn, sat on one of the shaving chairs and he was being shaved by the ...


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