Orissa Court February 1962 Judgments
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State of Orissa Vs. Sib Charan Singh
Court: Orissa
Decided on: Feb-21-1962
Reported in: AIR1962Ori157; 28(1962)CLT324
R.K. Das, J.1. This is an appeal by the State of Orissa against an order dated 28-6-1961 passed by Sri P. B. Das, Magistrate, First Class in G. R. Case No. 1215 of 1961, acquitting the accused-respondent of a charge under Section 304A, Indian Penal Code.2. The case against the accused was that on 19-12-1960 at about 4 P.M., the respondent-accused while driving the motor vehicle No. ORN. 1615 rashly and negligently caused the death of an old woman Randei Mundani. A prima facie case having been made out after investigation, charge-sheet was submitted against the accused on 8-2-1961 under Section 279/304A, I. P. C. After several adjournments on account of the absence of the accused the case was fixed to 4-4-1961, when ultimately the accused appeared and the case was transferred to the file of the aforesaid Magistrate. On 9-5-1961 a charge under Section 304A was framed against the accused to which he pleaded not guilty, and the Magistrate directed issue of summons for the prosecution witne...
State of Orissa Vs. Rupnarayan Singh
Court: Orissa
Decided on: Feb-21-1962
Reported in: AIR1962Ori189
G.K. Misra, J.1. The State of Orissa is the appellant against the confirming judgment of the District Judge, Mayurbhanj, The plaintiff-respondent filed the suit for a declaration that the order dated February 13, 1950 reverting the plaintiff from the substantive rank of a Deputy Ranger, to that of a Forester is illegal invalid and inoperative and that the plaintiff is entitled to the rank and pay of, a Deputy Ranger with effect from February 15, 1950, with a salary of Rs. 72/-per month with usual increments and that the defendant be directed to pay to the plaintiff a sum of Rs. 1460/- as his compensation. The plaintiff's case is that he was appointed Deputy Ranger substantively with effect from May 9, 1948 in the ex-State of Mayurbhanj. Mayurbhanj State merged in the State of Orissa on January 1, 1949. He continued in that post till February 13, 1950 when he was reverted.2. The defence case is that consequent on the merger, the plaintiff's status as a Government servant was completely ...
Prahlad Charan Panda Vs. Saleswar Mahadev and ors.
Court: Orissa
Decided on: Feb-19-1962
Reported in: AIR1962Ori162
S. Barman, J.1. Defendant No. 1 (hereinafter referred to as the mortgagee) is the appellant, in this second appeal, from a reversing decision of the learned 1st Additional Subordinate Judge, Cuttack, whereby he set aside a decision of the Additional Munsif of Jajpur, and decreed the plaintiffs' suit in the circumstances hereinafter stated.2. Plaintiff No. I is a deity called Sri Saleswar Mahadey, plaintiff No. 2 and defendants 2 to 4 are members of a joint Hindu family who are marfatdars of the said deity plaintiff No. 1. Schedule Ka properties, mentioned in the plaint, are stated to be the absolute Debottar properties of the deity plaintiff No. 1--Schedule Kha properties are said to be the ancestral joint family properties of plaintiff No. 2 and defendants 2 to 4.3. The plaintiffs' case, shortly stated, was this : On March, 1948, defendants 2 to 4, by a conditional sale deed (Ext. A), transferred the disputed properties mentioned in Schedule Ka and Kha to defendant No. 1 (appellant he...
Tara Sahuani and ors. Vs. Raghunath Sahu and anr.
Court: Orissa
Decided on: Feb-14-1962
Reported in: AIR1963Ori50
R.K. Das, J.1. This is a defendants' appeal against a decision dated 16-7-60 of Sri C. Mahapatra. Additional District Judge of Berhampur, reversing a decision dated 22-8-58 of Sri S. Naik, Munsif of Berhampur in Title Suit No. 124/56.2. The appeal arises under the following circumstances; One Adikanda Sahu had four daughters, Tara (defdt. I), Surekha, (defdt. 2), Rajamani (defendant 3), Chandra (who is riot a defdt. here) and the only son Raghunath the present plaintiff. Defendants 4 and 5 are the husbands of defendants 1 and 3 respectively, and defendants 6 to 14 are tenants in possession of the suit land. On 20th April, 1941, Adikanda by a registered deed of settlement (Ext. A) settled the suit-property comprising 7.31 acres situate in Mouza Pra-tapkrishna Chandrapur in the district of Ganjam, in favour of his wife Mukta and daughters, defendants 1 to 3, stipulating Mukta to have life-interest and after her death the property was to goto her daughters defendants 1 to 3.In accordance ...
Bhaskar Moharana Vs. Arjun Moharana and ors.
Court: Orissa
Decided on: Feb-11-1962
Reported in: AIR1962Ori167
Narsimham, C.J.1. This is a petition under Article 226 Of the Constitution against the order of the Collector of Ganjam in Village Officer's Appeal No. 1 of 1956 dismissing a suit brought by the petitioner under Section 13 of the Madras Hereditary Village Offices Act, .1895 (Madras Act III of 1895) hereinafter referred to as the Act for recovery of possession of a black-Smith inam lands in villages Bhimpur and Pandrakhalli in Ganjam district where the provisions of the Act are still in force.2. The said ground on which the Collector dismissed the suit as non-maintainable was that in view of the recent decision of the Supreme Court in AIR 1961 SC 564, Dasaratha Rama Rao v. State of Andhra Pradesh, the hereditary principle on which succession to the inam lands attached to a village office was regulated under the Act, offended Article 14 of the Constitution, and as such it was void. Mr. Panda for the petitioner however urged that the said decision related to the office of Village Munsif w...
Gangadhar Charan Naga Goswami and ors. Vs. Sm. Saraswati Bewa and anr.
Court: Orissa
Decided on: Feb-10-1962
Reported in: AIR1962Ori190; 28(1962)CLT423
R.K. Das, J.1. This is an appeal by defendants 1. to 3 against a decision dated 11-4-1960 of Sri U. N. Misra, Subordinate Judge of Balasore, confirming the judgment of Sri K. P. Mohapatra, Munsif of Balasore.2. Sambhu died sometime in the year 1941 leaving his widow Saraswati Bewa (plaintiff) and hig son Madhu. Madhu died sometime in .1952 leading his widow Sukuri (defendant No- 4). Sukur sold a part of the suit land under Ext. A on 23-12-52 for a consideration of 'Rs. 500/- in favour of defendant 1 comprising an area of 1.27 acres. On the same day she also sold under Ext B A O. 31 decimals of land to defendants 2 and 3 for a consideration of Rs. 100/-The plaintiff has filed the present suit for declaration that the sale deeds executed by defendant 4 in favour of defendants Nos. .1 to 3 are fradulent, collusive and without any legal necessity, and the defendants 1 to 3 have acquired no right, title or interest in the suit-lands. She-has further claimed for recovery of possession and al...
Radhashyam Patri and ors. Vs. Ranka Rangadhar Panda
Court: Orissa
Decided on: Feb-02-1962
Reported in: AIR1962Ori161
ORDERR.L. Narasimham, C.J. 1. This is a reference by the Sessions Judge of Balasore recommending the quashing of a final order in a proceeding under Section 145 Cri. P. C. between, the parties, suggesting that separate proceedings may be started. The land in dispute consists of Ac. 2.28 decimals, under separate khatas and bearing separate plot numbers. In respect of some of them the opposite party who was the first party claimed to be the purchaser from a previous owner namely one Pritam Dibya. In respect of the rest he admitted that he sold the lands to two other person named Maguni Tarai and Gangadhar Majhi, but claimed to be their bhag tenants. The petitioners' case however was that they were bhag tenants in respect of separate parceis of the disputed property and that they were in possession all along for a very long time. 2. It appears that when the proceedings were started an objection was raised by the petitioners on the ground that a separate proceeding should be started in res...
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