Orissa Court November 1962 Judgments
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P. Rammurty Vs. A. Kalpo Patra and ors.
Court: Orissa
Decided on: Nov-26-1962
Reported in: AIR1963Ori136
R.K. Das, J.1. This appeal by defendant-1 is directed against the appellate decree passed by the Additional District Judge, Ganjam, allowing the plaintiff's claim for declaration of title and recovery of possession in respect of some of the suit plots.2. The disputed plots, (except plot No. 396/ 9) along with some other plots such as plot Nos. 406/6 and 406/19 were allotted to the defendant No. 5 by a compromise decree (Ext. L) of the court of the Subordinate Judge of Berhampur. Defendant No. 5 on 12-1-49 sold the above undisputed two plots along with some other plots comprising an area of one acre to defendant-1 for a consideration of Rs. 600/- under a registered sale deed, Ext. A. Defendant-5, however, had no interest in the other plots sold along with the above two plots, nor did they form part of Ext. L. The suit plots however (excepting plot No. 396/9) were allotted to defendant No. 5 in the said decree.Again on 11-4-51 defendant No. 5 sold the suit plots along with plot No. 396/9...
Paula Nayak Vs. the State
Court: Orissa
Decided on: Nov-20-1962
Reported in: AIR1963Ori93; 1963CriLJ788
Barman, J. 1. The appellant Paula Naik was convicted and sentenced to imprisonment for life on a charge of murder of a woman named Pusha Stree, also known as Brahmabati, at Bandaki Parbat on the footpath running through the forest. He was convicted for robbery of gold ear-rings and silver bangles from the person of the deceased and sentenced to rigorous imprisonment for seven years to run concurrently. There was another co-accused who was charged with the offence of dishonestly receiving stolen property but acquitted by the trial Court. 2. How the crime came to light was this: On a Sunday morning on October 15, 1961, two village pedestrians Radhanath Naik and Daulo Singh Naik were returning home after weekly marketing at G. Udayagiri Hat on the previous day (Saturday). They were passing through a forest. Daulo Singh Naik was lame and could not walk fast. He was lagging behind and following Radhanath. Radhanath who was going ahead first saw a dead body of a woman lying on the foot-path ...
Bhimo Gantayat Vs. Trinath Gantayat and anr.
Court: Orissa
Decided on: Nov-20-1962
Reported in: AIR1963Ori223
ORDERS. Barman, J.1. The proceeding out of which this Civil revision arises is an application for leave to sue as pauper filed by the petitioner herein against the defendants for maintenance out of the estate of one late Borojo Gantayat, arrears of maintenance and other incidental reliefs. The said application for leave to sue as pauper was rejected by the trial court on the grounds that the petitioner omitted to set out the whole assets with good faith; that there was no cause of action for the suit in that by reason of previous litigation the present suit is not maintainable as the decision of the earlier suit will operate as res judicata under Section 11 Civil Procedure Code and further that the proposed suit is barred by limitation.2. The scope of enquiry in an application for leave to sue as pauper under Order 33, Rule 5 of 7 has been clearly laid down in a recent decision of the Supreme Court Vijai Pratap Singh v. Dukb Haran Nath Singh, AIR 1962 SC 941. The Court is enjoined to r...
Manu Mangal Naik and ors. Vs. Dhaniram Naik
Court: Orissa
Decided on: Nov-06-1962
Reported in: AIR1963Ori97
G.K. Misra, J. 1. Plaintiff filed the suit for permanent injunction restraining the defendants from obstructing the flow of 'Kharipani' from the village lane, to the plaintiff's land through the channel marked A. B. in the map attached to the plaint and directing them to reopen the said channel. Plot No. 735 in village Surda covering an area of 2.46 acres is a mal variety of land belonging to the plaintiff. Plot No. 736 with an area of 3,64 acres is Goda land recorded in the names of the ancestors of the defendants and is in possession of defendant-1. Plot No. 736 is to the contiguous west of plot No. 735, Plot No. 668 is the village lane. On either side of this village lane houses are situate. Plaintiff's case is that for more than 40 years the rain water from the village Basti on the village lane in plot No. 668 flows towards the west and goes to plot No. 735 through the channel AB. The channel was constructed by the ancestors of the plaintiff. The water after flowing through plot No...
Arjoon and anr. Vs. State
Court: Orissa
Decided on: Nov-06-1962
Reported in: 1963CriLJ234
G.K. Misra, J,1. Both the accused-appellants have been convicted under Section 302 read with Section 34 I.P.C. and sentenced to death. Accused Arjoon alias Polka Doraba has been further convicted under Section 392 read with Section 397, I. P, C. but no separate sentence has been imposed.2. The prosecution case is that at about noon on 22nd January, 1962 Arjoon alias Polka Domb, accused No. 1 took the deceased Durjan, son of Purosattam Soura (P. W. 1) inside the jungle at a distance of about one mile from the village of the deceased. Accused No. 2 Urdhab was tending cows in that area. The boy did not return to the house till afternoon. The father made a search for the boy and learnt from different persons including Jagabandhan Lahara (P. W. 7) that the deceased was found in the company of accused-1 at about noon. Accused-1 denied all knowledge for sometime, but later on admitted that he had been to gather thorns in Sindiguda forest and found Urdhab (accused-2) and Kuna, a man of another...
Anadi Giri and ors. Vs. the State
Court: Orissa
Decided on: Nov-02-1962
Reported in: 1963CriLJ826
ORDERR.L. Narasimham, C.J.1. This is a revision against the appellate judgment of the Assistant Sessions Judge of Balasore maintaining the conviction of the three petitioners under Section 379 I.P.C. and the sentence of fins passed on them by the Second class Magistrate of Balasor', At the time of the admission of this revision petition, a Rule was issued on the petitioners to show cause why the sentence may not be enhanced to a substantive sentence of imprisonment, and they were given an opportunity of showing cause against their conviction as well.2. The prosecution case was that plots Nos. 739 and 740 of village Jhadipipal P.S. Bhograi, in Balasore district, were in possession of one Lakhmi Narayan Patro (P.W. 3) and his joint brother Ramkrushna Patro, and that Lakhmi-narayan had raised paddy crops on the same during the cultivation season of 1959. The petitioners had previous disputes with him in respect of some other plots which had resulted in a proceeding under Section 145 Cr. P...
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