Orissa Court November 1966 Judgments
P. Apparao and ors. Vs. State
Court: Orissa
Decided on: Nov-30-1966
Reported in: AIR1967Ori82; 1967CriLJ904
Ahmad, C.J.1. These two appeals are from one of the cases of the last Rourkela communal riot which took place some time in the latter half of March, 1964. The victim of the riot in this case was one G..S. Khan. He was at the relevant time posted at Bondomunda as the Carriage Supervisor of S. E. Rly. and was living there with his second wife Peari Bibi (P. W. 2) and two minor daughters aged 6 years and 21/2 years respectively, in Quarter No. 53 of Sector C of the Railway Colony. It is alleged that on 20th March, 1964, between 8 and 9 p.m. a mob of about 40 or 50 persons including the four appellants and the approver Amiya Bhusan Seal (P. W. 1) armed with lathis, iron rods and other deadly weapons, forcibly entered his house, dragged him from there to a distance of about 30 to 40 cubits--to an open field situated near the post office, and assaulted him to death. On these allegations, the appellants were charged at the trial under Sections 148, 302/ 149, 342/149 and 380, Indian Penal Code...
Tag this Judgment!K. Ramamurty Subudhi and ors. Vs. Dinabandhu Behera and anr.
Court: Orissa
Decided on: Nov-30-1966
Reported in: AIR1967Ori191
Das, J. 1. The disputed property comprising an area of 8.80 acres in the district of Ganjam belonged to Sarojini Devi (defendant-2) respondent-2 in this appeal She on 8-6-51 executed a document, Ext. 2 (same as Ext. A) in favour of K. R. Subudhi, the first defendant and original appellant (since deceased), for a consideration of Rs. 8,400. The said document was styled as 'Baida Bandi Bikraya Dustabuj' Sarojini treated the document, Ext. 2, as a mortgage-deed and sold the equity of redemption and whatever interest she had in respect of the said property to the plaintiff under sale-deed, Ext. I for a cash consideration of Rs. 7000/- on 12-12-60. The plaintiff has filed the present suit for redemption of the mortgage.2. The case of the plaintiff as also his vendor, Sarojini, was that Ext. 2 represents a mortgage transaction and that the plaintiff is entitled to redeem the same, being a purchaser of the equity of redemption. The plaintiff alleged that after such purchase, he issued a notic...
Tag this Judgment!Sulekha Khatun and ors. Vs. United Bank of India Ltd. and anr.
Court: Orissa
Decided on: Nov-25-1966
Reported in: AIR1967Ori84; 33(1967)CLT775
ORDERG.K. Misra, J.1. Only material facts are stated hereunder. Petitioner 1 is the mother guardian of minor petitioners 2 to 4. Opposite party 1 is the decree-holder and opposite party 2 is the auction-purchaser. The sale of the disputed property belonging to the petitioners took place on 17-11-66. On 16-12-65 the petitioners filed an application under Order 21, Rule 90, Civil Procedure Code, for setting aside the sale. As they had not deposited the 12 1/2 per cent of the sum realised by the sale, they were called upon by 23-12-65 to deposit the sum and to explain how the application was maintainable without the deposit. On 5-1-66 the petitioners filed an application for extension of time for making the deposit. On 13-1-65 the petitioners filed an application for allowing them to furnish property security, The decree-holder and the auction-purchaser filed objections On 2-7-66 the learned Subordinate Judge passed the following order:'Heard counsel on the amendment petition and the peti...
Tag this Judgment!Laxmidhar Patnaik and ors. Vs. Rangabati Bewa and ors.
Court: Orissa
Decided on: Nov-23-1966
Reported in: AIR1967Ori90; 33(1967)CLT779
Misra, J.1. Deceased Ramchandra Patnalk had three sons, Dharanidhar, Shreedhar and Laxmidhar (defendant-1). Dharani died in 1959 leaving behind a son Radhamohan (defendant 5) and a daughter Padmabati (defendant-6). Shreedhar died in 1955 leaving behind his widow Rangabati (plaintiff). Ratnamani (defendant-4) is the wife and Gurucharan (defendant-2) and Datta (defendant-3) are the sons of defendant-1. Plaintiff's suit is for self and as marfatdar of the family deity Shree Paramchandanath Mahadeb. Defendants were sued for themselves and as marfatdars of the same deity. The suit is for partition and for allotment of one-third share in Schedule B and C properties of the plaint. Schedule B properties are immovable properties recorded in the name of the deity. Plaintiff's assertion was that these properties were nominal private debuttor and were partible. The moveable properties mentioned in Schedule C were claimed as joint family properties.Defendants 1 to 4 contested the suit. Their case i...
Tag this Judgment!Kishore and ors. Vs. the State
Court: Orissa
Decided on: Nov-22-1966
Reported in: AIR1967Ori118
Barman, J.1. The five accused persons--Kamraj Bhola, Kishore alias Iswar Bhola, Abhimanyu alias Baya Padhan, Adikanda Bhuyan and Ganapati Bhola--were charged under Section 302/84 for the murder of Brundaban Bholir by gun-shot firing and also on a charge of criminal conspiracy to commit the said murder by gun-shot firing under section 120B Indian Penal Code. Two accused persons Kishore alias Iswar Bhola and Abhimanyu alias Baya Padhan were both convicted under Section 302 Indian Penal Code and sentenced to death; the sentences passed were subject to confirmation. by the High Court. The remaining three accused persons--Kamaraj Bhola, Adikanda Bhuyan and Ganapati Bhola--were convicted under Section 302/34 Indian Penal Code and sentenced to imprisonment for life. All the accused persons were also convicted on the charge of criminal conspiracy under Section 120B Indian Penal Code but there was no separate sentence on the said count.2. The deceased and the accused persons all belong to villa...
Tag this Judgment!Union of India (Uoi) Vs. Hadibandhu Das and ors.
Court: Orissa
Decided on: Nov-17-1966
Reported in: 1967CriLJ1357; [1973]91ITR156(Orissa)
ORDERK. Ahmad, C.J.1. This application in revision has been brought by the Inspecting Assistant Commissioner of Income-tax, Cuttack, and is directed against the order dated May 31, 1965, passed by Shri C. R. Panda, Special Magistrate (Additional District Magistrate, Judicial), Puri, substantially dismissing the petition made before him on behalf of the petitioner, for the safe custody of currency of Rs. 92,549.36 and gold bars and ingots weighing 44.39 tolas and gold ornaments weighing 182'36 tolas which were seized in connection with some criminal case pending before him for disposal.2. It appears that in connection with that criminal case a search waseffected in the house of one Hadibandhu Das at Cuttack, on May 6, 1965, bythe Special Police Establishment, Economic Offences Wing, Calcutta, and inthe course of that search the aforesaid cash including some coins, gold bars,ingots and ornaments were seized. Two days thereafter, on May 8, 1965,petition was filed on behalf of Hadibandhu D...
Tag this Judgment!Union of India (Uoi) Through Asst. Commr., Income-tax Vs. Hadibandhu D ...
Court: Orissa
Decided on: Nov-17-1966
Reported in: AIR1967Ori154; 33(1967)CLT253
ORDERK. Ahmad, C.J.1. This application in revision has been brought by the Inspecting Assistant Commissioner of Income Tax, Cuttack, and is directed against the order dated 31-5-1965 passed by Shri C.R. Panda. Special Magistrate (Additional District Magistrate. Judicial), Puri, substantially dismissing the petition made before him on behalf of the petitioner, for the safe custody of currency of Rs. 92549.36 P and gold bars and ingots weighing 44.39 tolas and gold ornaments weighing 182.3.6 which were seized in connection with some criminal case pending before him for disposal 2. It appears that in connection with that criminal case a search was effected in the house of one Hadibandhu Das at Cuttack on 6-5-65 by the Special Police Establishment, Economic Offences Wing, Calcutta, and in the course of that search the aforesaid Cash including some coins, gold bars, ingots and ornaments were seized. Two days thereafter, on 8-5-1965 petition was filed on behalf of Hadibandhu Das before the l...
Tag this Judgment!Kelu Sahu and ors. Vs. Hadibandhu Sahu and anr.
Court: Orissa
Decided on: Nov-08-1966
Reported in: AIR1968Ori18; 33(1967)CLT825
G.K. Misra, J.1. Plaintiffs constitute a Joint family. Defdts. nos. 2 to 4 are the sons of defdt. no. 1. They constitute a joint family of which, defdt no. 1 is the Karta. Plaintiffs' case is that the defdts. had a grocery shop and used to purchase articles on credit from the joint family firm of the plaintiffs' father and uncle and used to make payments. Defendants' liability was to the tune of Rs. 2,236-59 upto the end of the year 1958. Defendants took articles on credit to the tune of Rs. 1,824-66 from 3-1-59 to 9-6-59 and made payments of Rs. 2,55-00 between 3-1-59 and 12-8-59. The suit was for recovery of Rs. 1,693-00 inclusive of interest on the basis of khata account. An account was given in the Schedule of the plaint stati(sic) therein the dates when articles on credit were taken and when payments were made. Defendants case is that defendant no. 1 had a small grocery shop and had transactions with the joint family firm consisting of Arjun Sahu, father of plaintiff no. 1 and Kun...
Tag this Judgment!Sridhar Pani Vs. Duryodhan Mahali and ors.
Court: Orissa
Decided on: Nov-07-1966
Reported in: AIR1967Ori77; 33(1967)CLT401
G.K. Misra, J.1. The suit was one under Order 1, Rule 8 C. P. C. for a declaration that the plaintiff and the villagers have the customary right of user of plot No. 432 as a rasta, for permanent injunction and for removal of the encroachment on 1 1/2 decimals of land on the eastern portion of that plot. As the point argued in the Second Appeal lies in a narrow compass, it would be sufficient only to state the relevant facts. It is the common case of parties that plot No. 432 has been recorded in the current settlement of the year 1930 as a tank in the names of the predecessors of defendants 1 to 8. It touches the Sarbasadharana rasta in plot No. 433 to the east and another Sarbasadharana rasta in plot No. 373 to the west. The Mahadeb Temple is situate on plot No. 430 which lies to the north of the eastern end of plot No. 432. The temple of Budhibasulei Thakurani is situate on plot No. 421 lying to the south of the western end of plot No. 432 Plot No. 432 starts from the Sarbasadharana ...
Tag this Judgment!Sri Gopal Jew Thakur and ors. Vs. Pravasini Das and ors.
Court: Orissa
Decided on: Nov-07-1966
Reported in: AIR1967Ori85; 33(1967)CLT832
G.K. Misra, J.1. Kanhei Das had two sons Krushna and Khetra and a foster son Gobinda. In all he had .46 acres of land. Out of this he gifted .20 acres to Gobinda. The balance .26 acres constitute the disputed property and were partitioned between Krushna and Khetra half and half. Subsequently Krushna purchased the share of Khetra and thus he became the owner of the entire property--half of which was inherited as ancestral property, and the other half was his self acquired property. Krushna died in 1951. He had two sons Harimohan thusband of plaintiff 3) and Fakirmohan (Plaintiff 2) through his first wife. Through his second wife (defendant 3) he had two daughters (defendants 1 and 2). By a registered document (Sebasamarpan Patra) Ex. 2 dated 26-1-33 Krushna dedicated his entire property in favour of the deity Sri Sri Gopal Jew Thakur (Plaintiff 1) appointing Harimohan and Fakirmohan as marfatdars. Plaintiffs' case is that Harimohan performed the sebapuja till his death in 1942 and ther...
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