Orissa Court June 1968 Judgments
Arta Pandit and ors. Vs. Musamet Chanduri
Court: Orissa
Decided on: Jun-27-1968
Reported in: AIR1968Ori227; 34(1968)CLT988; 1968CriLJ1627
Acharya, J.1. The petitioners were convicted by the Sub-Divisional Magistrate, Athgarh, under Section 448, I.P.C., and sentenced to undergo rigorous imprisonment for one month each. Petitioners Chaitan Pandit and Arta Pandit were also further convicted under Section 323, I.P.C., and sentenced to pay a fine of Rs. 60 each, in default to undergo rigorous imprisonment for 15 days each. On thus being convicted they appealed before the Sessions Judge, Cuttack, before whom the appeal remained pending for some time, and thereafter was transferred to the file of the Additional Sessions Judge, Cuttack. The Additional Sessions Judge on a perusal of the records of the case for himself confirmed the convictions and sentences passed against the petitioners by his judgment dated 21-11-1966 in Criminal Appeal No. 194-C of 1966. Hence this revision.2. I find from the order sheet of the Sessions Court that the appeal before the Sessions Judge was admitted on 29-7-1966, and it came up before him on seve...
Tag this Judgment!Lakhyeswar Karmi and ors. Vs. Padmabati Karmi and ors.
Court: Orissa
Decided on: Jun-25-1968
Reported in: AIR1969Ori10; 34(1968)CLT971
ORDERG.K. Misra, J. 1. Plaintiff (opp. party no. 1) filed a Title Suit valued at Rs. 9600/- on which a court-fee of Rs. 1086/- was payable. She filed an application to suein forma pauperis alleging that the total property belonging to her would be worth Rs. 240/-. The defendants contested the pauperism and took a specific plea that plaintiff was in actual possession and enjoyment of one-third of the property inherited by her from her mother in her own right, title and interest. Plaintiff's interest would be about 7 acres and odd yielding an income of Rs. 1000/- per annum. The learned Subordinate Judge, Bargarh, came to the conclusion that plaintiff No. 1 was not in possession of the property she inherited from her mother. On that finding he held that she had no sufficient means to pay the requisite court-fee and allowed her application to sue in forma pauperis. Against this order, the civil revision has been filed. 2. Mr. Sinha contends that the learned Subordinate Judge has recorded n...
Tag this Judgment!Purna Chandra Barik and ors. Vs. Nimei Charan Barik and ors.
Court: Orissa
Decided on: Jun-25-1968
Reported in: AIR1968Ori196; 34(1968)CLT853
A. Misra, J.1. Plaintiffs Nos. 2 to 5. sons of deceased plaintiff No 1 have preferred this appeal aeainst concurrent iudg-ments of the court? below The subject-matter of the litigation is 10.21 acres of land and homestead in village Ratnapur As per the genealopy given in the plaint, the common ancestor Sadasiv Baril had seven sons Arakhita, Hari, Ugri. Nata, Damo, Urdhab and Ghann. They constituted a joint family. The family possessed lands in three villages Hariharpur, Phulihari and Ratnapur Ghano died, while the familv was 1oint sometiine prior to the settlement of 1924-31. Damo married Lakhmi through whom he had one son Nimei/defendant No 1). Defendant No 2 is the son of Nimei Damo predeceased Ghano Ghano had one daughter Usha (defendant No. 3) through his first wife After Damo's death his widow Lakhmi re-married Ghano. Urdhab was plaintiff No. 1 and plaintiffs Nos. 2 to 5 are his sons. According to plaintiffs, after the death of Ghano and while Sadasiv was alive, the family divided...
Tag this Judgment!Ersad Ali and ors. Vs. Muhammad Yakub Khan and ors.
Court: Orissa
Decided on: Jun-25-1968
Reported in: AIR1969Ori201; 34(1968)CLT835
A. Misra, J.1. This appeal has been preferred by plaintiffs Nos. 13, 14, 17 and daughter of Plaintiff No. 18 against concurrent judgments of the Courts below. The subject-matter of litigation is about 31 decimals of land appertaining to plots Nos. 171, 718, 721, 723 and 727. The suit was instituted in all by 18 plaintiffs including the appellants. As per the genealogy given in the plaint, one Sk. Garibulla had two sons Sk. Bhikan and Sk. Mahihulla. Plaintiffs Nos. 1 to 12 are descendants of Ehikan's branch. Mahibulla according to the genealogy was married to Taffai through whom he had four daughters Kasida, Nasiman, Ajiman and Basiran. Plaintiffs Nos. 13 to 18 are descendants of these four daughters. Mahibulla had a concubine Sunai Bibi through whom he had a son Sk. Minazuddin and a daughter Kariman Bibi. This daughter died without any heirs. Minazuddin died before conclusion of the current settlement leaving his widow Johuran Bibi.The five plots in suit measuring 0.31 acre were record...
Tag this Judgment!Sashi Bhusan Mohanti Vs. State of Orissa (Represented by Secretary to ...
Court: Orissa
Decided on: Jun-25-1968
Reported in: 34(1968)CLT1011; (1969)IILLJ327Ori
Barman, C.J. 1. This is a writ petition filed by the petitioner who was appointed as a lower division clerk against an order of dismissal of his services in the circumstances hereinafter stated.2. On 1 November 1952 the petitioner joined as a lower division clerk in Bhanjanagar Community Project. Thereafter he was promoted as an upper division clerk on 1 January 1964. On 9 June 1956 the petitioner was appointed as junior accountant. Within a few months thereafter, the petitioner was promoted as head clerk with effect from 1 October 1956. On 26 August 1959 charges were framed against the petitioner by the Additional Secretary to Government, Political and Services Department, Bhubaneswar, that the petitioner was alleged to have committed certain irregularities during the period between 2 December 1952 and 1 December 1955 as stated in the said charges. The charges against the petitioner were, in substance, these:(1) You misappropriated a sum of Rs. 1,374 said to have been paid for the Bah...
Tag this Judgment!Uttareswari Rice Mill Vs. Sales Tax Officer, Intelligence Wing, Vigila ...
Court: Orissa
Decided on: Jun-24-1968
Reported in: AIR1969Ori1; 34(1968)CLT1064
Barman, C.J.1. This is a writ petition where the petitioner challenges the legality of a notice dated March 31, 1967 purporting to be under Section 12(8) of the Orissa Sales Tax Act for alleged escaped assessment of his turnover for the year ending 1963-64 in the circumstances hereinafter stated.2. It is said that on March 30, 1967 the Sales Tax Officer, Intelligence Wing, Vigilance, Berhampur, made a search in the business premises of the petitioner and seized several books of accounts stated to have been found in the business premises of the petitioner; on the next day, March 31, 1967 also he seized some more books of accounts alleged to have been recovered from the business premises of the petitioner; on both the occasions neither the petitioner nor any of the adult male members of the petitioner were present at the time when the seizure was made by the Sales Tax Officer as stated by the petitioner.3. On March 31, 1967 the Sales Tax Officer issued a notice purporting to be under Sec...
Tag this Judgment!Director of Industries Vs. Janardan Nanda
Court: Orissa
Decided on: Jun-24-1968
Reported in: AIR1969Ori58
G.K. Misra, J.1. Plaintiffs case may be put in short by eschewing out unnecessary details. He took a loan of Rs. 17000 from the Government on furnishing proper security under the Bihar and Orissa State Aid to Industries Act A certificate was issued against him for Rs. 19,200 inclusive of interest. Plaintiff filed objection before the Certificate Officer in Certificate Misc. Case No. 51/58-59. His objection was overruled. An appeal against the same was dismissed. The suit is filed under Section 43/(3) of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as the Act) for a declaration that the certificate is void and that the same should be cancelled. A plea was taken that no proceeding was drawn against the plaintiff under the provisions of the State Aid Industries Act to obtain his explanation for the default and that the certificate was premature and without jurisdiction.In the written statement a plea was taken that the suit was liable to be dismissed as ...
Tag this Judgment!Bhismadev Taria and anr. Vs. Radhakishan Agarwalla and ors.
Court: Orissa
Decided on: Jun-24-1968
Reported in: AIR1968Ori230
A. Misra, J.1. Defendants Nos. 2 and 3 have preferred this appeal against a confirming judgment, One Habibulla Khan was the admitted owner of the suit property. Defendants Nos. 4 to 11 are the descendants of Habibulla. Habibulla entered into an agreement dated 19-5-1947 (Ext. D) with defendant No. 1 to sell the suit property for Rs. 4,300 and received an advance of Rs. 100, but before execution of the sale deed and receipt of the balance of the consideration, he died in June, 1948. Defendants Nos. 4 to 11, his heirs served a notice (Ext. A) on defendant No. 1 on 30-9-48 offering to execute the sale deed on payment of the balance of the consideration within seven days.Defendant No. 1 by his reply (Ext. A/1) claimed that he had advanced Rs. 1,400 to Habibulla and expressed his willingness to pay the balance of the consideration on execution of the sale deed. Ultimately defendant No. 4 for self and as guardian of defendants Nos. 6 and 7 and defendant No. 5 for self and as guardian of defe...
Tag this Judgment!Khetrabasi Parida Vs. Chaturbhuja Parida and ors.
Court: Orissa
Decided on: Jun-24-1968
Reported in: AIR1968Ori236; 34(1968)CLT911
A. Misra, J. 1. This appeal has been preferred by the unsuccessful plaintiff against a reversing judgment. His case, in brief, is that he and defendants Nos 1 and 2 are the sons of one Dinabandhu, who died in the year 1929. The suit properties described in Schedules Ka, Kha and Ga were the ancestral properties of the family After Dinabandhu's death, plaintiff left his house due to ill-treatment by the wives of his elder brothers (defendants Nos. 1 and 2) and was staying either at Calcutta or in the village of his maternal uncle As the family had continued possessing the suit properties jointly, he sought for partition shortly before institution of the suit Then he came to learn that even though there were no arrears of rent defendants Nos. 1 and 2 in collusion with the landlord Sm. Pramoda Devi with the object of depriving him of his legitimate share got rent suit No 6410 of 1934-35 filed against the brothers impleading the plaintiff as a minor under theguardianship of defendant No. 1,...
Tag this Judgment!Sri Sita Ramachandra Mahaprabhu Vs. Madano Maharana
Court: Orissa
Decided on: Jun-21-1968
Reported in: AIR1968Ori217; 34(1968)CLT993
Patra, J. 1. This is an appeal by an unsuccessful plaintiff in a suit for declaration that the defendant-respondent is not a tenant within the meaning of the Orissa Tenants Relief Act, 1955 in respect of 19.85 acres of land situated in Bhat Kuarda village of Chatrapur Taluk and for a permanent injunction restraining the defendant from entering upon the suit land or in the alternative for recovery of possession of the land. The disputed land originally belonged to the Ankaraboyina family who on 25-4-42 executed a sale deed (Ext. 3) in respect ofthe properties in favour of Chatti Venkata Swamy. Venkata Swamy and his brother Narasimhulu installed the plaintiff deity Sri Sita Ramachandra Mahaprabhu in their house on 15-2-48 and on 10-7-48 executed a registered Trust deed (Ext. 5) in favour of the deity inter alia making a gift of Rs. 42,000 to the deity to be utilised for its Seba Puja and other purposes. On 18-2-51 both these brothers executed a registered deed gift (Ext. 4) in favour of ...
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