Orissa Court November 1963 Judgments
Harekrushna Harichandan Mohapatra Vs. Dolgovinda Sahu
Court: Orissa
Decided on: Nov-28-1963
Reported in: AIR1964Ori182
Narasimham, C.J. 1. This is a second appeal by the judgment-debtor against the appellate judgment of the subordinate Judge of Puri, maintaining the judgment of the Munsif, Puri and dismissing the judgment-debtor's objection to the attachment of the compensation money payable to him by the State of Orissa under the provisions of the Orissa Estates Abolition Act, consequent on the abolition of his jagir known as Khandayat Jagir. The decree was obtained on 28-7-1929 for a sum of Rs. 851-15-6, including costs, and it is urged that notwithstanding repeated executions nothing has been realised till now. The previous execution petition was filed on 24-541 in which there was also a prayer for attachment of the moveable properties ofthe judgment-debtor. A list of such moveable properties was given in that petition and it was further stated; 'Besides these articles also other articles which would be identified at the time of attachment.' '(Esibai Krok Samae Jaha Nisana Debu Tana).2. It is unnece...
Tag this Judgment!Shridhar Ghose Vs. Harimohan Sahu
Court: Orissa
Decided on: Nov-22-1963
Reported in: AIR1964Ori141
G.K. Misra, J.1. Defendant is the appellant. Deceased Chaitanya Karji Ratna adopted Gadadhar who predeceased him in 1943-44. Plaintiff is the son of Gadadhar. In 1944, Jhampi, mother of the plaintiff, filed Original Suit No. 11 of 1944 in the Court of the Munsif, Berhampur, as the next friend of the then minor plaintiff, for a declaration that Gadadhar was validly adopted by Chaitanya, and for partition of the properties into two equal shares between the plaintiff and Chaitanya. That suit was decreed on compromise on 17-1-47 in terms of the compromise decree (Ex. B).Admittedly the disputed property fell to the share of Chaitanya and his wife Jasoda-- Chaitanya died in 1947. Jasoda transferred the disputed land in favour of the defendant, her son-in-law, by a registered deed of gift (Ex. A) on 6-5-1947. The execution of the deed of gift by Jasoda and its acceptance by the donee had not been challenged by the plaintiff. He took the stand that Jasoda had no right of alienation under the c...
Tag this Judgment!BipIn Chandra Maharana Vs. Republic of India
Court: Orissa
Decided on: Nov-21-1963
Reported in: AIR1964Ori152; 30(1964)CLT29; 1964CriLJ688
R.K. Das, J. 1. This is an appeal against the order dated 29-4-63 passed by the Special Judge, Puri, convicting the appellant under Section 5(2), read with Section 5(1)(c) of the Prevention of Corruption Act, 1947, and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 50/-, in default to undergo simple imprisonment for a further period of 15 days. 2. The accused was working as a temporary post-master in the extra-departmental branch post office at Pathara under the account jurisdiction of Khallikote Sub Post Office in the district of Ganjam. On various dates he received moneys aggregating to Rs. 974.70 nP. from Pws. 1, 2, 3 and 4 for remitting money orders, but made delay of several days in accounting the same in the relevant postal registers, and thus committed a temporary misappropriation of the amount. On 34-7-61 P. W. 5, the Inspector of Post Offices while making inspection of the Pathara post-office detected some corrections in the i...
Tag this Judgment!Brundaban Chandra Dhir Vs. Natabar Chandra Dhir
Court: Orissa
Decided on: Nov-20-1963
Reported in: AIR1965Ori74
Narasimham, C.J.1. This is an appeal by the judgment-debtor against the decision of the Executing Court dated 21-6-1662, directing the sale of item 34 of the list of properties attached to the decree in. O. S. No. 14/16 of 1947-49 dated 6-9-1951, for realising the decretal amount.2. The decree-holder respondent obtained a maintenance decree against the then proprietor of Madhupur Estate and certain items of properties were charged, for payment of the maintenance amount. The decree is dated 22-10-1951 and item 34 of the list of properties attached to the decree relates to certain buildings standing on the Nijjot lands of the proprietor. The judgment and decree were taken up on appeal before this Court on First Appeal No. 10 of 1952 and First Appeal No. 17 of 1952, and a Division Bench of this Court by its judgment dated 24-2-1960 maintained the judgment of the lower Court, with the modification that the amount of maintenance should be reduced from Rs. 75/- to Rs. 50/- per month. The Mad...
Tag this Judgment!Smt. Swarnamayi Panigrahi and ors. Vs. Land Acquisition Collector
Court: Orissa
Decided on: Nov-18-1963
Reported in: AIR1964Ori113
Das, J.1. This is an appeal against the judgment of the District Judge, Ganjam, refusing to grant interest to the appellants on the compensation amount paid to them in respect of certain lands acquired by the Government for the construction of some quarters of the Superintending Engineer, Western Circle, Berhampur.2. The appellants owned some A 4.12 cents of land in mouza Bidyadharpur in the town of Berhampur. The Government was in need ot some lands for the construction of staff quarters of the Super-intending Engineer, Western Circle. Before any formal proceeding under the Land Acquisition Act was taken up, the Executive Engineer, P. W. D., Ganjam, made negotiations with the appellants and took possession of the said lands on 28-12-1948 for the aforesaid purpose. After faking over possession, the Government proceeded to construct the necessary quarters in the year 1949-50 and duly let out the same to the staff. While giving over possession, the appellants, however, gave their consent...
Tag this Judgment!Satya Mali Vs. the State
Court: Orissa
Decided on: Nov-14-1963
Reported in: AIR1964Ori173; 1964CriLJ42
ORDERR.L. Narasimham, C.J.1. This is a revision against the appellate judgment of the Sessions Judge of Sambalpur maintaining the conviction of that petitioner under Sections 304A and 337 1. P. C. and the sentence of rigorous imprisonment for two years for the former offence and 4 months for the latter offencel passed by a First Class Magistrate of Sambalpur.2. The case is undoubtedly of an extra-ordinary nature. In village Dhama P. S. Sambalpur one Dasarathi Sahara (who was tried along with the petitioner but was acquitted) posed as a snake charmer who could by giving proper training to young disciples, prevent them from being affected in any way by snake bite. He further stated that he was himself a disciple of the petitioner, Satya Mali (who was his Guru). Several credulous villagers (numbering about 18) enlisted themselves as Dasarathi's disciples and underwent a course of training prescribed by him. The petitioner as the Guru came to the village on 21-11-1960 to complete the train...
Tag this Judgment!Baisnab Padhan Vs. Parma Padhan and anr.
Court: Orissa
Decided on: Nov-12-1963
Reported in: AIR1964Ori156
ORDERG.K. Misra, J.1. Defendant No. 1 is the appellant. The dispute relates to properties belonging to one Bidya Padhan who died before 1956 leaving his widow Daimati (defendant No. 2). Plaintiff files the suit for a declaration that defendant No. 1 is not the adopted son of Bidya Padhan and that he is the next reversioner of Bidya Padhan on the death of Daimati. Defendant No. 2 is ex parte. Defendant No. 1 contested the suit alleging that Title Suit 110 of 1956 had been filed by defendant No. 2 on the identical ground and that it ended in a compromise decree (Ext. E) dated 21-114957 in which the status of defendant No. 1 as the adopted son of Bidya Padhan was upheld. Defendant No. 1 also claimed to be the adopted son of Bidya Padhan and averred that the suit was barred by res judicata and was not maintainable as the plaintiff had no reversionary right subsequent to the passing of the Hindu Succession Act, 1955, hereinafter referred to as the Act.2. The learned trial Court dismissed th...
Tag this Judgment!The State of Orissa Vs. Baishnab Sahu and ors.
Court: Orissa
Decided on: Nov-11-1963
Reported in: AIR1964Ori222
Narasimham, C.J.1. This is an appeal from the award given by the Arbitrator, Hirakud Land Organisation, fixing the amount of compensation payable to the respondents for the acquisition of their lands in village Lapang now submerged in the artificial lake formed by the construction of the Hirakud Dam accross the river Mahanadi. The total extent of the lands acquired is 13.39 acres. The lands consisted of (1) Bahal or first class paddy-lands 9.07 acres : (2) Berna or second class paddy-lands - 2.52 acres, and (3) Mal or 3rd class paddy-lands -- 1.80 , acres.2. The lands were acquired under the provisions of Orissa Act XVIII of 1948. Section 7 (1)(e) of that Act says that in fixing the amount of compensation payable, to dispossessed owners, the Arbitrator shall have regard of the provisions of Sub-section (1) of Section 23 of the Land Acquisition Act while estimating the' market value. But the second proviso to Clause (e) of Sub-section (1) of Section 7 of the Act says that where tinder a...
Tag this Judgment!State of Orissa Vs. Sam Dimba Ho
Court: Orissa
Decided on: Nov-11-1963
Reported in: 30(1964)CLT163; 1964CriLJ105
R.L. Narasimham, C.J.1. This is an appeal by the State of Orissa against the judgment of the Sessions Judge of Mayurbharij, Baripada acquitting the respondent of an offence under Section 302 Indian Penal Code.2. The respondent is an aboriginal Ho boy aged about 16 years living in village Simba Sahi, P.S. Raruan in Karanjia sub-division of Mayurbhanj district. It appears that two of his brother died of illness 4 or 5 years ago. His father also was said to be suffering from continued illness for sometime, near about the date of occurrence namely 27-8-1962. The prosecution case was that the respondent suspected the deceased Let Bewa to be a witch and that he killed her on 27-8-1962, during night by first shooting her with an arrow and then by smashing her head with a piece of stone.3. There is no eye-witness to the commission of the crime and the entire case depends on the extra-judicial confession said to have been made by respondent before several villagers namely P. Ws. 2, 3, 4 and 6 a...
Tag this Judgment!Jagat Krishna Das and anr. Vs. Ajit Kumar Das and ors.
Court: Orissa
Decided on: Nov-06-1963
Reported in: AIR1964Ori75
Misra, J. 1. Both these appeals arise out of Title Suit No. 37 of 1955. One Ram Chandra Das (died in 1921) had three sons -- Raghabananda Das (died in 1932), Bhubanananda (original defendant No. 4 and died during the pendency of the suit) and Bichitrananda (defendant No. 5). Suchitra (defendant No. 6) was the widow of Raghabananda and died after the disposal of the suit. On the death of Bhubanananda, his legal representatives were substituted as defendants 4 to 4 (e). Raghabananda had three sons -- Rashakrushna (defendant 3), Bankim Krishna (defendant-2) and Jagat Krishna (defendant-1) Sarojini (plaintiff-2) was admittedly married to defendant-i in 1948. Ajit (plaintiff-1) is the son and Madhuchhanda (plaintiff-3) is the daughter of defendant No. 1 through plaintiff No. 2. Madhuchhanda was born in 1953. The plffs. filed this suit in forma pauperis on 23-8-1954 for partition and for maintenance. They aver that Basanti (defendant-7) is the concubine of defen-dant-1. Defendant-7, Kalyanku...
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