Orissa Court April 1962 Judgments
Banamali Mohapatra and ors. Vs. Gopinath Jew and anr.
Court: Orissa
Decided on: Apr-26-1962
Reported in: AIR1963Ori104
S. Barman. J. 1. Defendants are appellants, in this Second Appeal, from a reversing decision of the learned Second Additional Subordinate Judge of Cuttack, whereby he set aside a decision of the learned Munsif, Athgarh, and decreed, in part, the plaintiffs' suit for recovery of Rs. 1680/- as collections realised by the defendants as alleged Marfatdars in the circumstances hereinafter stated.2. The relevant facts shortly stated are these: The plaintiff No. 1 is a deity and plaintiff No. 2 is a hereditary trustee of the said deity. The defendants appellants herein claim as Marfatdars of the said deity. On August 16, 1943 the defendants as the then Marfatdars were dismissed. On June 6, 1944 the plaintiff No. 2 was appointed Marfatdar. In 1950, dispute arose between the plaintiff No. 2 and the defendants as rival claimants to the marfatdari right in respect of the deity. On December 29, 1951, a Panchayati sat over the said dispute between the plaintiff No. 2 and the defendants. It was agre...
Tag this Judgment!S.K. Abdul Hanan and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-20-1962
Reported in: 1963CriLJ229
G.K. Misra, J.1. The three appellants have been convicted by the learned Sessions Judge of Mayurbhanj-Keonjhar under Sections 302, 201 and 404/511, I.P.C. Sk. Abdul Hanan (accused No. 1) and Naku Majhi (accused No. 2) were each sentenced to imprisonment for life under Section 302, I. P. C., to two years rigorous imprisonment under Section 404/511, I.P.C. the sentences to run consequently. Raibu Patra (accused No. 3) was sentenced to death under Section 302, I.P.C. and no separate sentence was passed under other sections. The learned Sessions Judge has made a reference under Section 374, Criminal Procedure Code for confirmation of the sentence of death.2. The prosecution case is that deceased Balbir Singh and P.W. 11 Jangir Singh were two brothers. They had come from Delhi and were giving on hire two diesel trucks. Truck O.R.C. 4174 stood in the name of the deceased and Darsan Singh, one of the absconding persons, was the driver of that Truck. P.W. 10 Baburam was the driver of the other...
Tag this Judgment!Chakra Behera and ors. Vs. Balakrushna Mohapatra
Court: Orissa
Decided on: Apr-11-1962
Reported in: AIR1963Ori23; 28(1962)CLT294; 1963CriLJ212
ORDERR.L. Narasimham, C.J. 1. The five petitioners were convicted under Section 298 I. P. C. and sentenced to a fine of Rs. 15/- each by the S. D. M. of Talcher, on the allegation that with the deliberate intention of wounding the religious feelings of the villagers in Kandhala alias Ramchandrapur they offered Balis and worshipped two of the deities, namely, Brahmani Dei and Pitabali Dei on inauspicious days.2. The aforesaid deities were established in the village long ago and it appears that the descendants of the original Brahmin families who were brought here from Puri claimed a special right to manage the affairs of the said deities. It was also alleged that according to a long standing tradition and custom, animal sacrifices used to take place before the said deities only twice a year, once in the month of Chaitra and again in the month of Bhadrab. The actual dates for performing animal sacrifices were also fixed by the Brahmins after discussion in a Sabha. It was further alleged ...
Tag this Judgment!Bhikari Behera Vs. Dharmananda Natia and ors.
Court: Orissa
Decided on: Apr-11-1962
Reported in: AIR1963Ori40; 28(1962)CLT300
Das, J.1. Defendant No. 1 has filed this appeal against a decision dated the 16th May, 1959 of Sri R, C. Kar, Second Additional Subordinate Judge of Cuttack, in Title Suit No. 21/55.2. The facts giving rise to this appeal may be stated as follows : One Madhab Behera bad three sons, Kapila, husband of Hira (D-3), Bhikari (D-1) and Durjodhan (D-2). The disputed property is admittedly a residential house situated on the main road at Ranihat, in the town of Cuttack. Madhab Behera was residing in the said premises and on his death his three sons were in possession of the same. Kapila the husband of defendant No. 3 died sometime in 1942 leaving his widow Hira Bewa (defendant 3). Dharmananda Natia the plaintiff in this case obtained a Kabala from defendant No. 3 on 15-6-44 for a consideration of Rs. 100/- in respect of one third share of the disputed dwelling house, his case being that there was a previous partition between Kapila and his two brothers and Kapila, was given the eastern block, ...
Tag this Judgment!Baishnab Charan Bagudai Vs. Puri Bank and anr.
Court: Orissa
Decided on: Apr-02-1962
Reported in: AIR1963Ori42; [1962]32CompCas480(Orissa)
Misra, J. 1. Facts of the case are as follows : On May 24, 1944 Baishnab Charan Bagudai, opposite party No. 1, opened with the Balasore Branch of Purl Bank Ltd. an Overdraft Current Account (Account No. 351). He had a small timber business and as it did not flourish, in May 1945 he closed the business and left Balasore Town. By that time he overdrew the account to the tune of Rs. 1402/9/6. He did not operate the account either by way of withdrawal or deposit for a period of about 1 year 10 months until January 11, 1947. Thereafter he made several deposits tilt July, 1946, (sic) the total amount deposited being Rs. 2164/7/-.On April 24, 1947 the Bank went into liquidation the official Liquidator submitted to the High Court a list of debtors under section 45D(2) of the Banking Companies Act, 1949 (as amended by the Act 52 of 1953) -- hereinafter to be stated as the Act. Notices under section 45-D (3) of the Act were served on Baishnab Charan Baguda and Rajani Ballay Bhattacharya who was ...
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