Orissa Court September 1964 Judgments
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Bhagirathi Burhia and ors. Vs. the State
Court: Orissa
Decided on: Sep-30-1964
Reported in: AIR1965Ori99; 1965CriLJ744
ORDERMisra, J. 1. The appellants have been convicted under Section 302/34, I. P. C. and each of them has been sentenced to imprisonment for life. Bhagirathi (appellant 1) and deceased Niranfan were brothers. Dadhi (appellant 2) and Basu (appellant 3) are the sons of Bhagirathi, Tilu alias Trilochap Barhia and Chhelia alias Rupadhar Barhia (both the deceased) were the sons of Niranjan. Accused Sureswar (acquitted) is the cousin of Bhagirathi. The prosecution case is that Niranjan, due to his old age, could not cultivate the disputed Bijadill land. He entrusted it to the father of Bhagirathi for cultivation and enjoyment till his sons (deceased), who were then minors, would become major. The deceased came of age about 10 to 12 years ago and demanded the disputed land back. Bhagirathi did not return the land. This led to dispute between the parties. A punchayeti even did not improve the matter. The occurrence took place in the morning of 4-6-1963. A few days before the appellants had plou...
Banwarilal Bhoid Vs. P. Neelkantham and ors.
Court: Orissa
Decided on: Sep-30-1964
Reported in: AIR1965Ori102
Narasimham, C.J.1. This is a revision against the order of the District Judge of Koraput dated 10-10-1962 rejecting a petition under Section 5 of the Limitation Act for condoning the delay in filing title appeal No. 6 of 1962 before him, against the judgment of the Munsif of Jeypore and (as a necessary consequence to that order) rejecting the memorandum of appeal as filed beyond time. The maintainability of this revision petition was challenged on the ground that the order of the District Judge was a 'decree' as defined in Section 2(2) of the Civil Procedure Code and that, consequently the aggrieved party had the right to file a 2nd appeal, and that no revision lay. This question involves the examination of the correctness of the decision of a Single Judge of this Court reported in Achyuta Dhangada Majhi v. Sibram Dhangadamajhi, ILR (1962) Cut 818 and hence this revision was referred to a Division Bench.2. The petitioner was the plaintiff before the Munsif of Jeypore in T. S. No. 6/60....
Govinda Chandra Pradhan Vs. S.D.O. Sadar and ors.
Court: Orissa
Decided on: Sep-29-1964
Reported in: AIR1965Ori94
Narasimham, C.J. 1. This is an applicationunder Article 226 of the Constitution filed by theChairman of Punchayat Samity of Bahanga challenging the validity of the order of the Sub-divisional Officer, Cuttack (Sadar) postponing themeeting alleged to have been called on10-8-1963 for the purpose of a vote ofno-confidence against him and alsothe validity of the subsequent meeting held on 2-9-1963 in which such a vote of no confidence waspassed against him.2. On a requisition by seventeen members of the said Punchayat Samity expressing want of confidence in the petitioner, the sub-divisional Officer convened a meeting for that purpose to be held on 10-8-1963 at Kuanpal Block Development Office at 2 P. M. This order was passed under Clause (c) of Sub-section (2) of section 46B of the Orissa Punchayat Samity and Zilla Parishad Act, 1959, From the counter affidavit of the sub-divisional officer it appears that due to heavy rains and his pre-occupation with work at Cuttack town he was unable t...
Sudhakar Das Vs. Dayanidhi (Sic)
Court: Orissa
Decided on: Sep-25-1964
Reported in: AIR1965Ori114; 1965CriLJ54
R.K. Das, J. 1. This is a complainant's appeal against an order, dated 11-7-1963 passed by the Sub-divisional Magistrate, Bhubaneswar, acquitting the respondents of an offence under Section 411, Indian Penal Code.2. Accused Dayauidhi is the Manager and accused Ganesh is an employee of Messrs. Patnaik Industries (P.) Limited, Bhubaneswar. P. W. 1, Sudhakar Das, is the managing director of another concern known as Orissa Concretes Products Ltd., near about the above firm at Bhubaneswar. On 17-6-1961, P, W. 1 came to know that some high-tension steel wires had been stolen from their factory. On 16-6-1961 at about 8 in the morning, P. W. 1 went to the factory premises of Patnaik Industries and found one coil in their store which he identified as their coil. Accused Dayanidhi was then absent from the factory. So P. W. 1 went to his residence and informed him that one of their missing coils was found in the premises of Patnaik Industries. Dayanidhi felt surprised and promised to look into th...
Dewan Chand and ors. Vs. the State
Court: Orissa
Decided on: Sep-22-1964
Reported in: AIR1965Ori66; 1965CriLJ458
Barman, J.1. The four accused appellants were convicted on a charge of murder of the wife of the accused Dewan Chand punishable under Section 302/34 Indian Penal Code in an open shop verandah by read side in Bhawanipatna town on the night of March 10-11-1963 and were all sentenced to imprisonment for life. The four accused persons are intimately connected with one another in the manner hereinafter stated. The motive for the murder is apparently frequent quarrels between accused Dewan Chand's wife deceased Kartar Kuar land his concubine the accused Nila Goudari.2. The prosecution case is this: The accused persons are all residents of Bhawanipatna town. The deceased, a lady of 55 years was the married wife of accused Dewan Chand. Accused Nila Goudani is said to be Dewan Chand's concubine for the last 12 years. Accused Nabin Goud is the son of the accused Nila Goudani by her former husband. Accused Krushna Gouda is accused Nila's foster brother. Dewan Chand was running a shop near a cinem...
Annapurna Dei Vs. Nabakishore Singh
Court: Orissa
Decided on: Sep-21-1964
Reported in: AIR1965Ori72
ORDERG.K. Misra, J. 1. The appellant is the wife of the respondent who filed an application under Section 13(1)(iv) of the Hindu Marriage Act (Act 25 of 1955) hereinafter referred to as the Act, asking for dissolution of the marriage by a decree of divorce on the ground that the appellant has been suffering from a virulent and incurable form of leprosy for a period not less than three years immediately preceding the presentation of the petition. The application was opposed by the appellant. Evidence was gone into the case and the trial was complete. Without delivering a final judgment, the learned District Judge passed the following interlocutory order, after discussion of some of the evidence, on 25-3-1963. The Miscellaneous Appeal has been filed against this order. 'I would order that she should undergo treatment under any specialist for six months and if at the end of that she is not free from the disease, hers is a bad case coming under 20 per cent that are Incurable and thereafter...
Sribatsa Panda Vs. Sitaram Padhi
Court: Orissa
Decided on: Sep-12-1964
Reported in: AIR1965Ori130
S. Barman, Actg. C.J. 1. The unsuccessful defendant in the courts below is the appellant. This appeal arises out of a suit filed by the plaintiff against defendant for declaration of title to the suit land as described in Schedule A-2 to the plaint and as shown in the Commissioner's map, and la the alternative in Schedule A-1 to the plaint or any area that will be found by the court to have-been encroached, and recovery of possession of the same from the defendant after removal toy the latter of the structure, if any, on the suit land put up by him at his own cost and by ejecting the defendant and other fit, proper and equitable reliefs--all as prayed for in the plaint.2. The material facts as stated in the court are these: In 1947 the plaintiff is said to have taken temporary lease of Sambalpur Nasal plot No. 1608/2 with an area of 17581 sq.. ft. from the Government. On March, 4, 1947 the defendant also took a registered lease of immediate adjacent (to the north of the plaintiff's plo...
Mandhata Sahu and ors. Vs. Bhikari Sahu and ors.
Court: Orissa
Decided on: Sep-12-1964
Reported in: AIR1965Ori168
Barman, Ag. C.J.1. Defendants 1, 3 and 4 are appellants. This appeal arises out of a suit filed by the original plaintiff Gopinath Sahu (deceased father of the present plaintiffs) for declaration of their title to 3.67 acres of land as described in Schedule Ka of the plaint and for recovery of possession on the same from defendants 1 to 4.2. A genealogical table, only so far as relevant for deciding this case, is set out as follows: NARAYAN SAHU ___________________________|_____________________________________ | | | | Somanath Gopinath Gadadhar Bidyadhar (Dead) (original plff. (Dead) (Dead) | (since deceased) | | | Mandhata D.1 | | =Lalita D.4 | | | | | Sachitananda D.3 | ____________|_____________________________ | | | | | Bhikari Minaketan Brindaban | plff.1 ka plff.1 kha plff.1 ga |________________________________________________________ | | | Krishna Shyama Chandra Shekhar D.2Narayan Sahu had two other sons Lokanath and Satyabadi who had relinquished their interest in the joint fa...
Chaitanya Naiko Vs. Kandhino Naiko and ors.
Court: Orissa
Decided on: Sep-11-1964
Reported in: AIR1965Ori217
Barman, Ag. C.J.1. In what circumstances a third-party should not be appointed as Receiver is the point involved in the appeal from an order by which the learned Subordinate Judge of Cuttack, appointed an Advocate as Receiver of the entire joint family properties in a suit for partition filed by a widowed mother against her sons and daughters.2. In December 1962 one Laxminarayan Naiko died leaving him surviving his widow the plaintiff Kandhuni Naikani, his natural born son defendant No. 1 Chaitanya (alleged to be adopted son of Laxminarayan's uncle Nityananda) defendants 2, 3 and 4 his other sons and defendants 5 to 10 his daughters. The deceased Laxminarayan is said to have died leaving properties valued in the suit at Rs. 75,000.3. Defendant No. 1 Chaitanya claims to have been adopted by Chitra, widow of Laxminarayan's uncle Nityananda, and as such Chaitanya claims half share in the suit properties. It is said that in 1948 in settlement operations Laxminarayan put certain objections ...
Jogi Nahak Vs. the State
Court: Orissa
Decided on: Sep-04-1964
Reported in: AIR1965Ori106; 1965CriLJ51
R.K. Das, J.1. The appellant has been convicted under Section 394, I. P. C. and sentenced toR. I. for one year by an order dated 7-12-1963 ofbut Sessions Judge of Ganjam Boudh.2. Kumuda (P. W. 2) a girl of four years is the daughter of Gourhari Naik (P. W. 1). She was wearing a golden Khasumali in her neck and two golden ear-rings on her ears the value of which would be about Rs. 100/-. On the date of occurrence, that is, 13-3-63 the girl was found missing from home. P. W. 1 searched for his daughter, but could not trace her. At about 1 P. M. that day, the Pujari of Radhakanto Mohapravu Temple of the village found the girl in an injured condition in the premises of the temple with several injuries on her head. He brought the girl to P.W. 1 and P. W. 1 found the ornaments missing from her person. Thereafter P. W. 1 and some others went to the temple premises and found blood stains on the ground and some broken bangles and a big stone stained with blood lying at the place. P. W. 8 Raghun...
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