Orissa Court August 1962 Judgments
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State Vs. Sashibhusan Harichandan and anr.
Court: Orissa
Decided on: Aug-27-1962
Reported in: 28(1962)CLT523; 1963CriLJ550
G.K. Misra, J.1.Out of 17 appellants, accused Sashibhusan Harichandan and Hari Martha have been convicted under Section 302 Indian Penal Code and sentenced to death. All the 17 appellants have been convicted under Section 148 Indian Penal Code and sentenced to R.I. for one year each. All other appellants excepting Sashibhusan Harichandan and Hari Martha have also been convicted under Section 304/149 Indian Penal Code and sentenced to R.I. for five years each, the sentences to run concurrently. Accused No. 18 Parsuram Harichandan has been acquitted of all charges.2. The prosecution case is that in village Go-dijhar there are two Bustis - Purunasahi and Nuasahi. In between the two Sahis there is a tank called Jharia Tank. Out of the 18 accused persons, 4 belong to Nuasahi and the rest belong to Purunasahi. The admitted case of both the parties is that at about noon on the date of occurrence (5-11-61) there was mutual assault between the party of the accused persons and that of the Barada...
Secretary to the Government of Orissa, Public Works Department Vs. Ram ...
Court: Orissa
Decided on: Aug-21-1962
Reported in: AIR1963Ori19
S. Barman, J.1. The Secretary to the Government of Orissa Public Works Department (hereinafter referred to as the Government) is the petitioner in this Civil revision against an order of the learned 1st Additional Subordinate Judge of Cuttack, whereby he converted the plaint in Title Suit No. 67 of 1958 into a petition under Section 33 of the Indian Arbitration Act, in the circumstances hereinafter stated.2. The opposite party was a contractor under the Government. On June 9, 1954 the contractor opposite party entered into certain contracts with the Govt. to execute some work according to the terms of the agreement where there was an arbitration clause that if any dispute arises between the parties it will be referred to the arbitration of the Government of Orissa or his nominee. Thereafter certain disputes having arisen between the parties they were referred to the arbitration of Sri Bhabagrahi Misra, I. A. S. as Arbitration Tribunal nominated by the Government of Orissa. On September...
State of Orissa Vs. Shyam Sundar Patnaik.
Court: Orissa
Decided on: Aug-20-1962
Reported in: [1963]49ITR366(Orissa)
NARASIMHAM C.J. - These are three references under section 29(2) of the Orissa Agricultural Income-tax Act, made by the Agricultural Income-tax Tribunal, Orissa, referring the following questions of law for the opinion of this court :'(1) Whether in the facts and circumstances of this case the Tribunal is right in holding that income from milk derived from milch cows maintained by the opposite party is not agricultural income so as to be assessed to income-tax under the Agricultural Income-tax Act, 1947 ?(2) Whether in the facts and circumstances of the case the Tribunal is right in holding that the Hindu undivided family represented by Shri Shyam Sundar Patnaik, in the instant case, is a Hindu undivided family consisting of brothers only ?The facts found by the Tribunal are that the joint family at present consists of four persons, namely, Binod Behari, Purna Chandra, Shyam Sundar and Lakshmidhar, whose relationship will appear clear from the geneological tree shown below :-Jadumoni P...
Samuel Tippee Vs. the State
Court: Orissa
Decided on: Aug-17-1962
Reported in: AIR1963Ori20; 28(1962)CLT508; 1963CriLJ211
ORDERR.L. Narasimham, C.J. 1. This is a revision against the conviction of the petitioner under Section 120 of the Indian Railways Act and the sentence of fine of Rs. 36/- passed on him by a First Class Magistrate of Uditnagar.2. The allegations against the petitioner which have been believed by the learned Magistrate are that on or before the 13th July, 1960 when the Railway Overseer, (P. W. 1) was engaged in preparing a lay out for a block of railway buildings the petitioner came there and asked him to stop work and also abused him filthily. The Overseer, very properly, did not proceed further but reported the matter to the Police. Apparently, there was some dispute as to whether the land belonged to the petitioner or not. Here we are not concerned with the jurisdiction or otherwise of the action of the petitioner on that day. It was further alleged by the prosecution that not content with the aforesaid incident the petitioner a few days later on 19-7-60 at about 9 A.M. went to the o...
Collector of Balasore Vs. Ashutosh Roy
Court: Orissa
Decided on: Aug-16-1962
Reported in: AIR1963Ori102
ORDERS. Barman, J. 1. The Collector of Balasore, exercising the power of the Chairman of the District Board, Balasore, is the petitioner in this Civil Revision against an order of the learned Additional Subordinate Judge, Balasore, whereby he set aside an ex parts decree and restored Original Suit No. 51 of 1955 on an application under Order 9, Rule 13 Civil Procedure Code in the circumstances hereinafter stated.2. One Sri Ashutosh Roy (opposite party herein) was the Chairman of the District Board, Balasore. During the time of his office as Chairman he defalcated Rs. 36,000/-. He was charged, convicted and sentenced by the Magistrate to two years rigorous imprisonment and fine of Rs. 1000/-. The Sessions Judge in appeal reduced the sentence to three months' rigorous imprisonment and enhanced the fine to Rs. 3,000/-. On December 9, 1958, the High Court in revision restored the original sentence passed by the Magistrate, namely, two years rigorous imprisonment and a fine of Rs. 1000/-.2a...
Apurba Kumar Das Vs. Siba Prasad Barik and ors.
Court: Orissa
Decided on: Aug-14-1962
Reported in: AIR1963Ori65
Narasimham, C.J.1. This is an appeal by the plaintiff against the decision of the learned Additional Subordinate Judge of Balasore dismissing his suit under Section 64(2) of the Orissa Hindu Religious Endowments Act 1939, for a declaration that the suit endowments were private endowments of the plaintiff's family and that the Orissa Hindu Religious Endowments Act had no application to them. There was a previous proceeding under Section 64 (i) of that said Act (see Ext. A) at the instance of the plaintiff's father Ram Narayan Das which was disposed of by the Endowments Commissioner OIL 7-12-50. There the Commissioner held that Ram Narayan Das failed to prove that the endowments were the private properties of his family and declared the institution to be an 'Excepted temple' with Ramnarayan Das and his son (plaintiff) as hereditary trustees of the same. The present suit under appeal was instituted on 2-7-55. With a view to escape limitation it was urged that Ramnarayan Das died on 3-12-5...
Union of India (Uoi) Through S.E. Rly. and anr. Vs. Satyananda Rout
Court: Orissa
Decided on: Aug-13-1962
Reported in: AIR1963Ori17
ORDERG.K. Misra, J.1. Defendants are the petitioners. The plaintiff brought a suit for recovery of Rs. 453-80 np. as 15 baskets of cabbages despatched from Mettupelaiyam to Cuttack were not delivered to the plaintiff. The consignment was despatched on 19-10-58 on payment of higher charges for quick delivery. They were due to arrive at Cuttack within 3 or 4 days. This consignment was sold on 26-10-58 at Vizianagram Railway Station by auction sale for Rs. 27/-. The plaintiff claims damages on the ground that the defendants ought to have got his instruction as to disposal, prior to the sale.2. The defence contention is that the train service was suspended from 20-10-58 till 30-10-58 as the railway lines were submerged under flood. The consignment had to be sold along with other perishable articles in a lot under emergency. The articles being perishable in nature the defendants disposed of those articles and no intimation to the plaintiff was necessary in law before disposal.3. The learned...
Union of India (Uoi), Representing South Eastern Rly. Vs. Prakash Ch. ...
Court: Orissa
Decided on: Aug-10-1962
Reported in: AIR1963Ori31
ORDERG.K. Misra, J.1. Defendant is the petitioner. The plaintiffs case is that a consignment consisting of 219 bags of rice was despatched from Gunupur Railway Station to the plaintiff at Cuttack through the defendant-railway. The defendant delivered 180 bags on 21-9-59 and 33 bags on 31-1-59 to the plaintiff, and the rest 6 bags have not been-delivered. The plaintiff claimed Rs. 316/- as damages The defendant contested the suit only on the ground of limitation. The suit was filed on 26-4-60 and Section 80 notice was served on 9-1-60. According to the defendant, limitation begins from 21-1-59 when the 180 bags of rice were delivered, and after giving margin for 14 months, the suit is barred under Article 31 of the Limitation Act,2. The learned S. C. C. Judge decreed the plaintiff's suit for Rs. 308/- holding that the suit is not barred by limitation. The learned Judge's finding is quoted as follows :'In the instant case it is admitted by the defence witness D. W. 1 that the despatching...
The State and ors. Vs. Dukhi Dei and ors.
Court: Orissa
Decided on: Aug-10-1962
Reported in: AIR1963Ori144; 1963CriLJ294
Barman, J.1. The four appellants herein were convicted of murder of a woman in Keonjhar town under Section 302/34 Indian Penal Code. Appellant Dukhi Dei, was further convicted under Section 302/291 and 404/511. Appellants Dukhi Dei, Lokenath alias Loki Patra and Abdul Hague were sentenced to death subject to confirmation by this Court. Appellant Rangadhar Patra was sentenced to rigorous imprisonment for life. No separate sentence was passed on Dukhi Dei under Section 302/291 and Section 404/511. The learned Sessions Judge made a reference under Section 374 Criminal Procedure Code of confirmation of the sentences of death passed as aforesaid.2. The prosecution case is that on January 7, 1962, Sunday between 3 P. M. and 7 P. M. the four appellants murdered the deceased Mandira Dei, wife of one Gopinath Giri, in the house of the appellant Dukhi Dei in Keonjhar Town. The date of the incident is said to be a market day. The murder is alleged to have taken place after the deceased was called...
Uchhab Gouda and ors. Vs. Ganesh Panda
Court: Orissa
Decided on: Aug-09-1962
Reported in: AIR1963Ori71; 28(1962)CLT563
ORDERG.K. Misra, J. 1. Defendants 1, 3 and 4 are the petitioners. The plaintiff-opposite-party instituted Title Suit No. 128 of 1957 in the Court of the Munsif, Aska asking for the following reliefs-'(a) The plaintiff is the rightful owner of the suit lands as defendants have got no manner of right, title or interest over the same and (b) The suit lands be delivered to the plaintiff after ejecting the defendant 1 therefrom through Court and putting the plaintiff in possession of the same.' The suit was therefore one for declaration of title and recovery of possession. The disputed properties cover an area of 13.68 acres and the plaintiff valued the suit at Rs. 1700/-. A preliminary issue was raised in the trial Court regarding the valuation of the properties as the defendants contended that the suit was beyond the pecuniary jurisdiction of the Munsif, Aska. This preliminary issue was decided by the learned Munsif against the plaintiff holding that the value of the suit lands would be a...
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