Court : Orissa
Reported in : 1972CriLJ219
S. Acharya, J.1. The above mentioned two criminal appeals arise out of one and the same Judgment, passed by the Additional Sessions Judge, Dhenkanal in Sessions Trial No. 2-A of 1968, whereby all the, three appellants stand convicted under Section 120B(1), I. P. C, and have been sentenced thereunder to undergo rigorous imprisonment for 10 years. Appellant Duryodhan has also been convicted under Section 302, I. P. C. and has been sentenced thereunder to undergo rigorous imprisonment for life. The above mentioned sentences against appellant Duryocthan have been ordered to run concurrently.Both the above appeals were taken up for hearing together, and we dispose them both by this one judgment.2. In the trial court, charges under Sections 302. I.P. C. and 120B(1), I. P. C. were framed against appellant Duryodhan, and charge under Section 120B(1). I. P. C. alone was framed against the appellants Kandia Sahu and Sadananda Biswal. They all pleaded not guilty to the above mentioned charges.3. ...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori40
R.N. Misra, J. 1. One Mr. T. P. Yeoman obtained a mining lease for coal of about 1300 acres located in the District of Sambalpur. valid for a period of thirty years with effect from October 1. 1917 from the Secretary of State for India in Council. This came to be known as the Ib. River Colliery. On 22-2-1920, Mr. Yeoman transferred a part of the lease-hold in favour of one Mr. M. H. Dutta and on June, 7. 1920 by an agreement between the Secretary of State for India in Council and Mr. Dutta the transfer was duly recognised. On August 21. 1931, the Hindu undivided family of Raisaheb Chandanmull Karnani carrying on business under the firm name and style of M/s. Chandanmull Indrakumar purchased the leasehold interest of Mr. Dutta in a court sale held by the High Court of Calcutta. On December 27. 1934, the Secretary of State for India in Council accepted M/s. Chandanmull Indrakumar as the transferee of the lease-hold interest (Annexure-C). Raisaheb Chandanmull Karnani died on February 2. 1...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori154
A. Misra, J. 1. Defendants are the appellants against a reversing judgment.2. The plaintiff is a forest contractor, while defendant No. 1 is the Etate of Orissa and defendants Nos. 2 and 3 are the Certificate Officer and Divisional Forest Officer of Bolangir. The plaintiff's case, in brief, is that he being the highest bidder in the public auction of forest coupes in the year 1950-51 held on 15-10-50, Matkhai coupe No. 12, lot No. 4 was knocked down in his favour for Rs. 2,500/- on which he deposited the security money of Rs. 250/- and signed a blank agreement form. Under the relevant rules, the competent authority to accept the bids exceeding Rs. 2,000/- was the Conservator of Forests. The agreement (Ex. B) after acceptance and signature by the Conservator of Forests was received by him long after the date of bid. In the meanwhile, he had intimated defendant No. 3 of his unwillingness to work the coupe and revoked his offer. In spite of it, he was called upon by defendant No. 3 to pay...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori1
G.K. Misra, C.J.1. The facts of the writ application may be stated in short. The petitioner is a member of the Swatantra party. He was a candidate for the Chairmanship of the Delang Panchayat Samiti. the election of which was held on 10th of January, 1971. Abhimanyu Ransing (opposite party No. 5) and Harihar Jena (opposite party No. 6) were the contesting candidates. The poll was taken on 10th January. 1971. Opposite party No. 5 secured 103 votes while the petitioner secured 95 votes. Thus by a margin of 8 votes opposite party No. 5 was declared elected. The petitioner prayed for issuing of a suitable writ for setting aside the election of opposite party No. 5.The election is assailed on an averment of the following facts. The coalition cabinet of the Swatantra and Jana Congress Parties tendered its resignation to the Governor on 9-1-71 at about 7.30 p. m. The Governor accepted the Chief Minister's resignation at about 8.30 p. m. on the same day. The Presidential proclamation under Art...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori53; 37(1971)CLT691
A. Misra, J.1. This appeal has been filed by defendants Nos. 1 to 8 and 10 to 14 against a confirming judgment.2. Plaintiff-respondent No. 1 who was Chowkidar of village Anlajhari possessed 1.75 acres of land divided into 11 fields as his jagir. The largest of these fields is locally known as Gada Kiari. After abolition of the chowkidari service, the jagir lands have been settled on him. Defendants Nos. 1 to 14 are residents of village Garudabandi, while defendants Nos. 15 to 21 are residents of Anlajhari. The field Gada Kiari on account of its favourable situation receives flow of surface water from other fields lying to its north and east. The land of Karuni Pradhan is situate to the adjacent west of Gada Kiari and the lands of other villagers of Garudabandi lie to the west of Karuni Pradhan's land. The lands of villagers of Anlajhari lie to the south of Gada Kiari. According to the plaintiff, during rainy season, on occasions of heavy shower water used to flow from Gada Kiari to Kar...
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