Orissa Court November 1972 Judgments
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Rahasa Raul Vs. Biranchi Narayan Pradhan
Court: Orissa
Decided on: Nov-30-1972
Reported in: 39(1973)CLT145; 1973CriLJ1743
ORDERR.N. Misra, J.1. This revision is directed against an order made under Section 22 of the Cattle Trespass Act by the Sub-divisional Magistrate, Angul.2. The complainant alleged that on 24-10-1970, his brother Dhaneswar filed a criminal case against the petitioner and others and coming to know of such prosecution, the accused persons (petitioner and others) forcibly drove away sixty heads of cattle of the complainant from the pasture ground of the village and impounded them in the kine house. On receipt of this information, the complainant went and verified that no crop of the accused persons had at all been damaged by his cattle. He released the cattle from the kine house on payment of impounding fee of Rs. 180/- and obtained proper receipt for the payment of the impounding fee. On 26-10-1970, he filed the complaint against the accused persons,Four persons were originally proceeded against, but in regard to two of them composition was accepted and the case was allowed to proceed ag...
Chakra Behera and anr. Vs. State of Orissa
Court: Orissa
Decided on: Nov-27-1972
Reported in: 39(1973)CLT268; 1974CriLJ423
ORDERR.N. Misra, J.1. The two petitioners have been convicted under Section 290 of the Indian Penal Code by the learned Subdivisional Magistrate of Cuttack and each of them has been sentenced to pay a fine of Rs. 25/- or in default suffer simple imprisonment for week days.2. The Police sent up prosecution against the accused persons on the basis of a station Diary entry lodged by a constable deputed from the Sadar Police Station of Cuttack on duty to the Barang area. It was alleged that on 30th of September, 1970, two constables while patrolling : the area on duty found that the accused persons had tied their cattle on the public road. The cattle had by urinating made the public road muddy. Thereby general public had been inconvenienced in using the way. It is stated that ten days after the Assistant Sub-Inspector of Police attached to the Barang out-post visited the spot and found that the public road was really muddy on ac-count of the cattle being tied. The accused denied the allega...
Bingi Kurmayya and ors. Vs. Woona Bhimayya Subudhi and ors.
Court: Orissa
Decided on: Nov-23-1972
Reported in: AIR1973Ori144; 39(1973)CLT156
Patra, J.1. These appeals raise an interesting question of law as to the correct interpretation of the expression 'final order' occurring in column 3 of Article 47 of the Indian Limitation Act. 1908 (hereinafter referred to as the Act). One Woona Bhimayya Subudhi instituted a suit in the Court of the Munsif Berhampur for recovery of possession of 11.95 acres of land and for damages. He claimed title thereto on the basis of a purchase in Court auction in 1947. As the defendants created trouble in respect of his possession of the properties, a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code) was initiated in M. C. No. 32 of 1950 in the Court of the Magistrate. The Magistrate by his order dated 30-8-1952 declared the possession of the defendants. Against that order, the plaintiff filed a revision in this Court. The revision petition was admitted and heard and was dismissed on 6-12-1954 (Ext. 5). The plaintiff thereupon instituted the sui...
The Govindpur Agricultural Credit Co-operative Society and anr. Vs. As ...
Court: Orissa
Decided on: Nov-14-1972
Reported in: AIR1973Ori148; 39(1973)CLT70
R.N. Misra, J.1. These are three applications under Article 226 of the Constitution on behalf of different parties seeking for writs of certiorari to quash orders made by the Assistant Registrar of Co-operative Societies. Balasore Circle, amalgamating the petitioning Co-operative Societies with some other societies which have been impleaded as opposite parties in the respective cases.2. All these applications were heard analogously at the request of parties and common arguments were advanced. The points that arise for consideration are also common. There are, however, allegations of fact in each of the applications which may briefly be noticed.3. O.J.C. No. 109 of 1970 --The petitioners here are two in number. Govindpur Agricultural Credit Cooperative Society is the first petitioner. It has come through its Secretary. The second petitioner is a member of the Society. It is alleged that on application being made under the Act, the Society was duly registered and assigned registration nu...
Bamadev Misra Vs. D.C. Das
Court: Orissa
Decided on: Nov-10-1972
Reported in: 1973CriLJ1064
ORDERR.N. Misra, J.1. The petitioner, an Advocate of the Puri Bar, seeks to quash a complaint laid against him by a trying Magistrate before the Sub-divisional Magistrate of Puri for his prosecution under Section 228,. Indian Penal Code read with Section 482,. Criminal Procedure Code. The facts necessary for appreciating the point raised by Mr. Sahu on his behalf before me may thus be stated. G. R. Case No. 1446 of 1969 was being tried in the Court of Sri D. C. Das,, Magistrate, First Class (Judicial) at Puri.. The petitioner was the advocate for the accused and the prosecution was being handled by the Court Sub-Inspector one Mr. Akshay Kumar Patnaik. On 7-6-1971, at the close of the day when the cross-examination of a prosecution witness was going on, the Court Sub-Inspector suddenly stoocft up and interrupted the cross-examination because he could not follow a question put to the witness and disturbed the petitioner by drawing the attention of the Court that the petitioner was not en...
Khageswar Rout Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Nov-08-1972
Reported in: AIR1973Ori242
Patra, J.1. This is an application under Arts. 226 and 227 of the Constitution praying for the issue of a writ of mandamus quashing the order in Annexure 2 dated 22-9-1971 and for a declaration that the resolution (Annexure 1) dated 22-8-1971 passed in the meeting of the Jute Marketing Co-operative Society (O. P. No, 3) is illegal and invalid. The Jute Marketing Co-operative Society Ltd., Danpur (O. P. No. 3) (hereinafter referred to as the Society) is a duly registered cooperative society under the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as the Act). It has its registered bye-laws and consists of 5000 members one of whom is the petitioner.2. In exercise of his powers under Sub-section (5) of Section 12 of the Act, the Registrar of Co-operative Societies, Orissa (O. P. No. 2) called upon the Society to amend certain of its bye-laws in the manner indicated in Annexure 4 within 30 davs of the issue of that notice. A General Body meeting of the Society was convene...
Akura Khatei Vs. Harihar Panda
Court: Orissa
Decided on: Nov-03-1972
Reported in: AIR1973Ori185; 39(1973)CLT213
R.N. Misra, J.1. The plaintiff is In appeal against the reversing decision of the learned Subordinate Judge of Bhuba-neswar in a suit for setting aside a registered document executed by the plaintiff in favour of the defendant on 20th of June, 1964, in regard to the disputed property: for declaration of title and recovery of possession of the suit property.2. The disputed property is a little less than 3 decimals of land out of plot. No. 1888 in khata No. 626. According to the plaintiff being in need of money, he agreed to execute a usufructuary mortgage in favour of the defendant and on that security to incur a loan. The defendant had lands contiguous to the disputed property and he expressed the desire to purchase it. As the plaintiff did not agree it was decided that a usufructuary mortgage would be executed and a loan of Rs. 75/- would be advanced by the defendant to the plaintiff. The defendant brought the plaintiff to Bhubaneswar, got a document scribed by the deed-writer and und...
Chakrapani Naik Vs. State
Court: Orissa
Decided on: Nov-02-1972
Reported in: 39(1973)CLT11; 1973CriLJ1052
ORDERS. Acharya, J.1. The petitioner stands convicted under Section 39 (1) of the Orissa Irrigation Act of 1959 (hereinafter referred to as the Act) and has been sentenced thereunder to pay a fine of Rs. 50/- in default to undergo S. I. for seven days. He has also been ordered to remove the obstruction in question and repair the damage caused to the irrigation work by the petitioner.2. The prosecution case, in short, is that the petitioner unauthorisedly removed at a particular place the Bund of the Nala in question, alleged to be an irrigation work, and diverted the water of the said Nala by putting across Bund on survey plot No. 168 into the Pata lands of one Dandapani Naik of village Bankatira, as a result of which his lands were damaged due to sand coating on the same. The accused by the aforesaid act damaged the irrigation source and also caused considerable damage to the pata lands situated in that locality.3. The petitioner denied the allegation and stated that a false case was ...
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