Orissa Court August 1964 Judgments
Dukhi Dei Vs. the State
Court: Orissa
Decided on: Aug-26-1964
Reported in: AIR1965Ori33; 1965CriLJ317
Misra, J. 1. The appellant has been convicted under Section 302, I.P.C. and sentenced to imprisonment for life. She was also convicted under Section 392 read with Section 397, Indian Penal Code, but no separate sentence was passed. 2. The prosecution case may be stated in short. Basanti, the deceased, was married to Baruna Giri of village Mangalpur in her child-hood. After she attained puberty, her husband wanted to marry an educated girl and refused to accept her. A punchayati held over the matter produced no effect on the husband and his father. The deceased was, however, very anxious to join her husband. The accused is a resident of Keonjhar town. On 20-7-63 she went to the house of Jogeswar Baidya (P.W. 17) the brother of Daina (P.W. 6). She stayed there for two days and came to the house of P. W. 6 who is the aunt of the deceased, on 1-8-63. She falsely introduced herself as the Fulla (god-friend) of P.W, 6. Daina could not recognise her. The accused created confidence in P. W. 6 ...
Tag this Judgment!State of Orissa Vs. D. Bahinipati
Court: Orissa
Decided on: Aug-24-1964
Reported in: AIR1965Ori164; 1965CriLJ381; (1965)ILLJ193Ori
Das, J. 1. This is an appeal by the State of Orissa against an order dated 26-6-1963 passed by a Magistrate, First Class, Cuttack acquitting the respondent of an offence under S, 92 of the Factories Act.2. The respondent D. Bahinipati is admittedly the manager of the Factory known as Orient Weaving Mills (Private) Ltd., situated within the limits of Cuttack Town. P. W. 2, the Inspector of Factories, Orissa, submitted a prosecution report under Section 92 of the Factories Act against the respondent alleging that he arranged the spread-over of the period of work in the factory to 12 hours as against the permissible maximum of ten and half hours, and thus contravened the provisions of Section 55 of the Factories Act, 1948 (hereinafter described as 'the Act'). On the said report cognizance was duly taken and the respondent was summoned to stand a trial.3. The respondent admitted the spread-over of 12 hours, from 1-11-61, but his case was that it was at the request and in the interest of th...
Tag this Judgment!Hadu Sahu Vs. the State
Court: Orissa
Decided on: Aug-11-1964
Reported in: AIR1967Ori37; 1967CriLJ394
ORDERR.L. Narasimham, C.J.1. This is a revision petition against the appellate judgment of the Sessions Judge of Berhampur maintaining the conviction of the petitioner under Section 47(a) of the Bihar and Orissa Excise Act, but reducing the sentence passed on him to one month's rigorous imprisonment and a fine of Rs. 500.2. It appears that at about 8 p.m. on 12-9-1963 the police party caught the petitioner red-handed with an earthen pitcher containing about 10 gallons of illicitly distilled liquor. The seizure list shows that he was attempting to conceal the liquor inside the well in his house when he was arrested. Soon after the seizure, he was tried before the Sub-divisional Magistrate of Chatrapur on the very same night. When the substance of the accusation was explained to him he pleaded guilty. The Magistrate then questioned him under Section 342 Cr. P. C. and the petitioner admitted that from inside the well a pitcher containing 10 gallons of illicitly distilled liquor was recove...
Tag this Judgment!Arjun Padhy and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-11-1964
Reported in: AIR1965Ori198; 30(1964)CLT493; 1965CriLJ659
R.L. Narasimham, C.J.1. This is a revision petition against the order of the Additional Sessions Judge of Ganjam, declining to entertain an appeal under Section 520, Cr. P. C., against that portion of the order of the Sub-divisional Magistrate of Chatrapur in G. R. Case No. S86/60 directing delivery of three material objects M. Os. I, II and III (handas) to the complainant R.S. Panigrahi, after acquitting the accused persons in that case. The learned Additional Sessions Judge thought that there was no right of appeal under Section 520, Cr. P. C., in view of the decision of this High Court reported in Sharfuddin v. Sirajuddin, AIR 1961 Orissa 121. It was urged before him and also reiterated before me that the said Orissa decision was itself based on Talewar Jha v. Mool Chand, AIR 1959 All 96, which has been overruled by a subsequent Division Bench decision of the Allahabad High Court reported in Ram Abhilak v. State, AIR 1981 All 544. Mr. Murty urged that the same view has been taken in...
Tag this Judgment!Manu Pujhari and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-03-1964
Reported in: AIR1965Ori49
G.K. Misra, J.1. Initially there were three objectors. Dibakar Pujhari a brother of other objectors, died during the pendency of the arbitration proceedings. The disputed lands constitute 13.09 acres and are described as Brahmattar Mafi (Niskar) Sir lands in village Berhampura in Mahadebpalli, P. S. in the district of Sambalpur. The objectors claim Rs. 43,460/- as compensation on the basis of 16 times of the net annual yield. The Land Acquisition Officer offered only Rs. 8265/9/-. On 30-4-1983 the arbitrator held that the objectors failed to give any evidence as to what was the net annual yield. He accordingly awarded compensation of Rs. 8265/9/- as offered by the Land Acquisition Officer. In the body of the award, he, however, held that the disputed lands were transferable and objectors were entitled to compensation at 16 times of the net annual yield. He rejected the claim of the petitioners to get compensation at 16 times of the net annual yield on the basis of Verma Settlement Repo...
Tag this Judgment!Chandu Agasti and anr. Vs. Chandrabali Kalar and ors.
Court: Orissa
Decided on: Aug-03-1964
Reported in: AIR1965Ori63
G.K. Misra, J. 1. Defendants 1 and 2 are the appellants against a confirming judgment. Plaintiff No. 1 and defendant No. 3 are brothers. Plaintiffs Nos. 2 and 3 are sons of plaintiff No. 1. The suit is for redemption on the allegation that the plaintiffs and defendant No. 3 executed a mortgage bond Ext. A dated 15-6-1935 for Rs. 200/- in favour of the father of defendants 1 and 2. The mortgagees were put in possession and under Section 17 of the Orissa Money Lenders Act the mortgage has been automatically discharged. There was an allegation in the plaint by way of amendment that defendant No. 3 transferred a portion of the suit property (It relates to item 2 of the schedule) in favour of defendant No. 4. The schedule given in the plaint contains two items not numbered. The dimension of the first item is 35 cubits x 20 cubits, and the dimension of the second item is 30 cubits x 20 cubits. For purpose of convenience these would be described in the judgment hereinafter as items 1 an 2. 2....
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