Court : Orissa
Reported in : AIR1964Ori119; 30(1964)CLT184; 1964CriLJ525
ORDERR.L. Narasimham, C.J.1. This is a revision petition against the appellate judgment of the Sessions Judge of Puri maintaining the conviction of the petitioner under Section 403 Indian Penal Code and the sentence of six months rigorous imprisonment passed by the Sub-Divisional Magistrate of Khurda.2. One Arakhit Patra is a resident of village Banpur in Khurda Sub-division of Puri district and the petitioner is none else but his brother in law (wife's brother). The petitioner is also a resident of Banpur. Arakhit Patra was associated with the paddy procurement scheme of the Government of Orissa from 1944. He had other business also and the petitioner has been found by the trial Court to be Arakhit's partner in all his business activity. He was also working as his authorised agent and receiving a remuneration of Rs. 150/- per month.Arakhit agreed to be the storage agent of Government of Orissa for rice and paddy for the year 1957-58 and executed an agreement (Ext. 10) in a printed for...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori122
G.K. Misra, J.1. In Title Suit No. 11 of 1959 in the Court of the District Judge of Sambalpur, the appellant, the wife of respondent, prayed for a decree for restitution of conjugal rights. She filed an application on 10-4-1962 for maintenance pen-dente lite at the rate of Rs. 40/- per month and a sum of Rs. 200 towards expenses of the proceeding under Section 24 of the Hindu Marriage Act, 1955 (Act 25 of 1955), hereinafter to be referred to as the Act. mentioning in the application the details of the income of the respondent and asserting that she had absolutely no independent income to support her and to defray the expenses of the proceedings. The learned District Judge rejected this application on 18-6-1962. Against this order, the Misc. appeal has been filed. The relevant portion of the order of the learned District Judge may be quoted :'it appears from order No. 18 dated 19-8-1960 that the plaintiff has been allowed a consolidated sum of Rs. 100/- to defray the expenses of the sui...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori88; 30(1964)CLT9
G.K. Misra, J. 1. The judgment-debtor is the appellant. A decree was passed on 4-12-1952 by the Subordinate Judge, Raipur, in the State of Madhya Pradesh. After certain executions had. been levied, the Subordinate Judge, Raipur, sent the decree directly to the Munsif, Titiligarh in the district of Bolangir in the State of Orissa, on 8-8-1955. After transfer of the decree, the decree-holders did not file any execution case before the Munsif of Titalagarh, who sent a certificate on 17-8-1958 to the Subordinate Judge, Raipur, under Section 41, Civil Procedure Code stating that the execution case was barred by time. Meanwhile, on 2-8-1958 another application had been filed by the decree-holders before the Subordinate Judge, Raipur, for transfer of the decree to the District Judge, Bolangir, which was despatched on 11-8-1958 to the District Judge, who received and transferred it to the Munsif, Titila-garh on 25-8-1958. The present execution case was filed before the Munsif, Titilagarh on 14...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori83
G.K. Misra, J.1. The judgment-debtors are the appellants. Iswar Chandra Misra and Padma Dibya, brother's widow of the former, obtained a joint decree against the appellants and others in Title Suit No. 18 of 1946-47 in the Court of the Munsif, Nayagarh. Iswar also filed Execution case No. 74 of 1956 without mentioning in the execution application that it was for the benefit of both the decree-holders. The judgment-debtors filed an objection under Section 47, Civil Procedure Code that the execution application was not maintainable as it was not in conformity with Order 21, Rule 15 Civil Procedure Code. The executing Court overruled this objection.In Misc. Appeal No. 16 of 1958, the learned Subordinate Judge, Puri passed the following order :-'..... the execution petition as suchshould be held as not maintainable in law. At the same time I must observe that the execution petition should not straightway be thrown out because of this. The learned executing Court before actually dismissing ...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori91
G.K. Misra, J.1. The appellant is the daughter and one of the legal representatives of the deceased third dfendant against whom, the decree-holder had decretal dues of more than Rs. 15,000/-Two sets of properties were put to sale. Six houses at Nowrangpur were sold for Rs. 14,250/-. This property was given by way of security. The property, which is the subject-matter of this appeal, is situate at Jeypore. All the properties were put to sale on 21-9-1961. The bid forNewrangpur property came up to Rs. 9000/-. As the upset price for this property had been fixed at Rs. 15,000/, the bid was not accepted and the sale was adjourned. The bid in respect of Jeypore property was, however, accepted. Item-was sold for Rs. 400/- and item 2 for Rs. 5100/-. The sale in respect of item-2 was set aside on 23-9-1961. The appellant filed an application on 26-10-1961 questioning the validity of the sale of the Jeypore property on the ground that on 1-11-1960, with the consent of the decree-holder and the j...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori144; 1964CriLJ680
Narasimham, C.J. 1. This is an appeal from the judgment of the Sessions Judge of Mayurbhanj-Keonjhar convicting the petitioners under Section 302/34 of the Indian Penal Code for the murder of one Dukh Haran Harijan on the 17th December, 1961 at about 10 P.M. and sentencing them to R. I. for lite. The learned Sessions Judge further convicted them under Section 201/34, I. P. C. but did not pass a separate sentence for that offence. 2. The crime is said to have been committed in a jungle near Kiriburn in the district of Keonjhar where due to extensive mining projects recently started by the National Mineral Development Corporation there is a large colony of up-country labourers including several people from Gorakhpur and other districts of Uttar Pradesh. One of these labourers was the deceased Dukh Haran Harijan, who came there from his village in Gorakhpur district accompanied by his wife Munari (P. W. 19) and was employed under Dr. Asthana (P. W. 6), the senior Geologist in the said Cor...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori43
Das, J. 1. This is a plaintiff's Letters Patent appeal against the judgment dated 22-12-61 of Barman J in Second Appeal No. 179/59.2. The suit properties which include residential houses belong to defendants 2 to 9 and 14 constituting a Mitakshara joint family and governed by the Hindu Law as prevalent in Madras. The following pedigree would show the relationship of the parties: SOMAYAJULA VISWANATHAM | ------------------------------------------------------- | | | | | Chiranjili S.Ramasam S.Lakhikantam S.V. Subbarao S.krishnulu (died) | (D.4) (died) ((D.14) | | | ----------------------- | | | | S.Dhankaram (D-7) S.Rama Rao (D-8) Suryayakantam D.3 | S.V. Raman (D.2)Chiranjili died without leaving any heir. Viswanathan and his two sons, Ramesam (father of defendant-2 and husband of defendant-3) and Lakhmikantam (D-4) executed a mortgage deed in favour of Gadi Ranga Nayakamma (D. 1) in respect of their 3/5th share in the property. Defendant-1 filed a, suit (O. S. No. 6 of 1925) against t...
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