Orissa Court December 1966 Judgments
Duana Moliko and anr. Vs. Bhagabat Biso and ors.
Court: Orissa
Decided on: Dec-23-1966
Reported in: AIR1967Ori110; 33(1967)CLT688; 1967CriLJ1036
R.K. Das, J.1. This is a defendant's appeal arising out of a suit for declaration of title and recovery of possession.2. The dispute relates to 1.73 acres of agricultural land locally known as Chabrikuti in village Bisipada in the district of Phulbani. It is the case of the plaintiffs that the land originally formed part of the bed of a tank which gradually silted up and was lying fallow for some time when the villagers of Bisipada including the plaintiffs and their ancestors reclaimed it and made it fit for cultivation. They claimed to have been in possession of the said land for the last thirty years, utilising its usufruct for their village deity Sri Ramachandra Mahaprabhu. The plaintiffs filed the suit both in their personal capacity as well as in their representative capacity representing the entire body of villagers of Bisipada, their case being that the defendants having no manner of title or possession were creating disturbance in the possession of the plaintiffs.There was a pr...
Tag this Judgment!Ramkumar Liladhar, Firm Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-1966
Reported in: AIR1967Ori142; 33(1967)CLT1244
Misra, J.1. Plaintiffs case, as narratedin the plaint, is as follows: For providing additional accommodation for the Orissa Government Press and for its smooth running theDistrict Magistrate of Cuttack (defendant 2)requisitioned plaintiff's house, containing fourbig rooms with a verandah and two siderooms standing on a portion of plot No. 12,fully described in schedule A of the plaint, byhis orders (Ex. 3) dated 20-12-43 and (Ex. 2)dated 14 10 44 Since then the SuperintendentOrissa Government Press (defendant 3) is inoccupation of the house on payment of rent atthe rate of Rs 125 per month. The disputedproperty measures 75 ft. in length and 35 ft.in breadth. It was a vacant land lying to thenorth of the requisioned house with severalvaluable fruit-bearing trees standing on it. On29-6-50 defendant 3 got the trees cut downwithout the permission of the plaintiff anddespite protests and made certain constructions. Plaintiff demanded removal of the unauthorised constructions and payment of ...
Tag this Judgment!Satyanarayan Gantayet and ors. Vs. the State and ors.
Court: Orissa
Decided on: Dec-22-1966
Reported in: AIR1967Ori133; 33(1967)CLT386; 1967CriLJ1166
ORDERK. Ahmad, C.J.1. The applications in both these cases are directed against a common order dated 24-3-65 passed under Section 117(3), Cr. P. C. It was based on a police report submitted before the Sub Divisional Officer on 24-3-65 In the report it was stated that there was an imminent danger of breach of peace between two parties who are the respective petitioners in these two revision applications and that it was necessary that the proceeding under Section 107, Cr. P. C. be drawn against both of them. The Learned Sub Divisional Officer, on a consideration of that report, passed a composite order taking action thereby both under Section 112, Cr. P. C. and under Section 117(3), Cr. P. C. The order read as follows:'Gone through the report of the O. 1. C. Berhampur town P S. in his non-FIR-No. 102/ 65 and I am convinced that there is imminent breach of the peace. In order to avoid imminent breach of peace, it is imperative that the parlies should execute bond for Rs. 500 with one sure...
Tag this Judgment!Brahmananda Mohanty Vs. the State
Court: Orissa
Decided on: Dec-21-1966
Reported in: AIR1967Ori135; 1967CriLJ1168
S. Barman, J. 1. Brahmananda Mohanty, an insurance agent of L. I. C. at Bhadrak was convicted on a charge under Section 409, Indian Penal Code for alleged criminal breach of trust in respect of Rs. 506-90 nP being part of the first premium collected from certain proposer for insurance and sentenced to simple imprisonment for one year and also to pay a fine of Rs. 600 in default to undergo simple imprisonment for a term of three months for the offence. He was also convicted under Section 471 Indian Penal Code for having in that connection used as genuine a forged document in the circumstances hereinafter stated and sentenced to simple imprisonment for three months, all the sentences to run concurrently. Along with the accused appellant Brahmananda Mohanty, one Mahendra Narayan Das working as a Field Officer under the L. I. C, at Bhadrak was also charged, committed and sent up for trial before the learned Additional Sessions Judge who however acquitted him.2. The accused appellant Brahma...
Tag this Judgment!Republic of India Vs. G.A.N. Rajan and ors.
Court: Orissa
Decided on: Dec-17-1966
Reported in: AIR1967Ori115; 1967CriLJ1039
ORDERR.K. Das, J.1. This is an application under Section 526, Cr. P. C. to transfer G. R. Case No. 1/62 pending in the Court of Sri T.V. Rao, Special Judge, Puri, to some other Court competent to try the case.2. The opposite parties were prosecuted for having committed various offences under the Indian Penal Code and under the Prevention of Corruption Act. The case dragged on for several years and the prosecution case was closed on 26-9-1966. Thereafter the case was adjourned to 1-11-1966 for defence. On 16-11-1966 the trial was resumed when the accused G.A.N. Rajan offered himself to be examined as a defence witness. On that day, it is alleged by the prosecution that he made reference to a private note book and practically read out his deposition verbatim from the said book. To this, objection is said to have been raised by the special Public Prosecutor, but the Court did not exercise any check on the witness who continued this process throughout his deposition.The grievance of the pr...
Tag this Judgment!Mahamad YasIn Vs. State
Court: Orissa
Decided on: Dec-15-1966
Reported in: 33(1967)CLT396; 1967CriLJ1116
ORDERK. Ahmad, C.J.1. The petitioner who is a young man of 27 hag been convicted under Section 420 I.P.C. and sentenced to undergo R. I. for a months. The allegation against him is that on 20-1 1964 at about 11 p. m. he gave a telephones call to P. W 1, the manager of the N. C. D. C. Colliery and made a representation that he was deputed by the Rani Saheba of Talcher to make a request to him for helping her with some transport as her vehicle on the way to Meramundali had a break and she was stranded. It appears that Rani Saheba of Talcher was known to P. W. 1 from before and in the course of conversation P. W. 1 was made to believe that the petitioner required the transport for the Rani Saheba, and that Rani Saheba was in fact stranded on the road.Accordingly, P. W- 1 directed P. W. 4 Samanta, an employee of the concern to take a jeep to the place suggested by the petitioner. But when P. W. 4 reached the place with the jeep he was directed, by the petitioner to take him first to Sadasi...
Tag this Judgment!Rao and Sons Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Dec-13-1966
Reported in: AIR1967Ori105
Ahmad, C.J. 1. In this reference made at the instance of the High Court, under Section 66 (2) of the Income Tax Act, 1922, the question of law framed for consideration is: 'Whether on the facts and circumstances of the case the loss of Rs. 1,01,220 is to be allowed as a bad debt under Section 10 (2) (xi) of the Income Tax Act, 1922, in the assessment year 1959-60, or is to be treated as a business loss in the respective years during which the loss occurred.' 2. The assessee is an unregistered family firm carrying on business in money-lending. The aforesaid question relates to the assessment for the financial year 1959-60 corresponding to the accounting year 1958-59. 3. The claim of the assessee is that in the course of the money-lending business it had during the financial years 1950-51 to 1953-54, advanced loans to one Bhikary Ram, in all amounting to Rs. 2, 51,593.00 to procure and supply stationery articles to the Orissa Government Press. This Bhikary Ram was admittedly at all relev...
Tag this Judgment!Marchia Oram Vs. Executive Officer, Notified Area Council
Court: Orissa
Decided on: Dec-13-1966
Reported in: AIR1967Ori97; 33(1967)CLT350; 1967CriLJ905
ORDERK. Ahmad, C.J. 1. This is a reference made under Section 438 Cr. P. C. by Shri S. K. Mohanty, A. D. M. (J), Samhalpur. It is directed against an order dated 23-6-1965 passed by the Magistrate 1st Class, Panposh. whereunder the accused Marchia Oram has been convicted under Section 385-A of the Orissa Municipal Act arid sentenced to pay a fine of Rs. 40/- in default, to undergo S. I. for 10 days and further to pay a daily fine of Rs. 0.50 paise from the date of the order till the petitioner obtains permission or demolishes the house.2. This order of conviction is based on the allegation made on 13-12-1963 in the report of the Amin to the Executive Officer, Notified Area Council. Rourkela and on his evidence given by him at the trial court as P. W, 1 to the effect that the accused had been constructing a pucca house consisting of 5 rooms on a plot No. 459 in village Durga-pur without obtaining permission from the Municipality. This allegation by the trial court was found true. 3. In ...
Tag this Judgment!State Vs. Babuli Narayan Behera and ors.
Court: Orissa
Decided on: Dec-12-1966
Reported in: 33(1967)CLT211; 1967CriLJ1543
ORDERS. Barman, J.1. These revisions arise out of certain conflicting orders passed by the learned Sessions Judge, Cuttack, and the Additional District Magistrate (Executive), Cuttack, on the question of tendering pardon to an accused under Section 337. Criminal Procedure Code in the course of a sessions trial. The questions for decision on the facts of this case are these : Could the Additional District Magistrate (Executive) tender pardon to an accused during trial before the Sessions Judge? The further pointed question posed in the peculiar circumstances of this case was whether the Additional District Magistrate (Executive) could tender pardon to an accused in a case which was being tried by the learned Sessions Judge who had expressed his views against the tender of the pardon to the accused. The points arose in the circumstances stated hereunder.2. Seven accused persons including the accused Ratnakar Prusty were being tried in the Court of the Additional Sessions Judge, Cuttack. ...
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