Orissa Court June 1972 Judgments
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Malli Dei and anr. Vs. Kanchan Prava Dei
Court: Orissa
Decided on: Jun-27-1972
Reported in: AIR1973Ori83
ORDERG.K. Misra, C.J.1. The material facts may be stated in short. One Sarada Cha-ran Pradhan was serving as an assistant in the planning and Coordination Department (planning branch) in the Orissa Secretariat. He died on 13-3-1968 leaving behind his mother (plaintiff 1), a son (plaintiff 2), his widow (defendant 1) and two other minor sons who ere not parties to the suit After death of Sarada, the petitioners filed T. S. No. 139/70 in the Court of the Subordinate Judge, Cuttack, for declaration of title to a sum of Rs. Five thousand secured by the insurance policy on the life of the deceased. The petitioners filed an application for issue of an ad interim injunction against the defendant to restrain her from withdrawing the amount payable under policy no. 10755464 on the life of the deceased.The learned Subordinate Judge dismissed this application and his order was confirmed by the learned Additional District Judge by his order dated 30th June, 1971, whereby he directed that the suit ...
Rajkishore Panda and anr. Vs. Haribandhu Mahala and ors.
Court: Orissa
Decided on: Jun-27-1972
Reported in: AIR1973Ori81
R.N. Misra, J.1. The appellants applied for revocation of grant of probate at the instance of the respondents in Original Suit No. 1 of 1968, by the learned District Judge Balasore, on 22-8-1908, That application made on 9-12-68 was registered as Miscellaneous Case No. 32 of 68 and though made under Order 9, Rule 13 of the Code of Civil Procedure, was treated as one under Section 203 of the Indian Succession Act. As the learned District Judge declined to revoke the probate, the appellants have come up in appeal to this Court.2. One Juihesti Panda was alleged to have executed an unregistered will dated 17-3-1967 and died on 2-11-1967. The testator had 6.69 acres of land. In terms of the testamentary disposition, the following three institutions were to benefit;--(1) Banitiya Middle English School through its Secretary Haribandhu Mahalla; (2) Sri Ghateswar Mahadev through Marfatdar Gadadhar Dixit; and (3) Sri Ganes Jew Thakur of Banitiya through Marfatdars:-- (a) Harihar Panigrahi, (b) ...
Rabiram Bhoi Vs. Harish Chandra Joshi
Court: Orissa
Decided on: Jun-27-1972
Reported in: AIR1973Ori84
ORDERR.N. Misra, J.1. The defendant in a money suit is the petitioner. The plaintiff-opposite party has not entered appearance in spite of notice.2. Paddy and money in cash had been borrowed under Ext. 1 dated 31-7-1965. Some payment was made tinder Ext. A dated 17-4-1968. As the defendant omitted to pay the balance in spite of demand, the suit was instituted.3. The defence raised in the suit was that paddy to the extent indicated in Ext. 1, the promissory note had not been taken and there had been a full payment of the paddy that was actually taken. The plaintiff was a money-lender in usual course of business and having not obtained registration, the suit was not maintainable under Section 8 of the Orissa Money-lenders Act.4. The learned appellate judge has found that the plaintiff is not a money-lender. He has also found the promissory note to be genuine and has given a decree in favour of the plaintiff, having made slight alteration in the matter of the rate of interest.5. Mr. Mohap...
State Vs. Jagatram Sahu and anr.
Court: Orissa
Decided on: Jun-27-1972
Reported in: 38(1972)CLT840; 1973CriLJ295
ORDERR.N. Mishra, J.1. This is a reference made by the learned Sessions Judge. Bolangir, recommending the quashing of the order dated 28.4.1971, passed by the Sub-divisional Magistrate Nawapara acquitting the opp. parties of an offence under Section 447 of the Indian Penal Code on the ground of non-appearance of the complainant on the date fixed for argument.2. The learned Sessions Judge noticed this irregularity during his inspection of the records of the Court of the Sub-divisional Magistrate and thereafter called for the records of the court in exercise of powers under Section 435 of the Code of Criminal Procedure and registered a case in his own court, being revision No. 11-K of 1971. In due course he made a reference to this Court under Section 438 of the Code of Criminal Procedure.3. The opposite parties in spite of notice have not entered appearance. The learned Additional Government Advocate is heard in support of the referenece.4. On a perusal of the order sheet of the crimina...
Nanda Moharana Vs. Lakshman Moharana and ors.
Court: Orissa
Decided on: Jun-26-1972
Reported in: AIR1973Ori42
ORDERG.K. Misra, C.J. 1. Plaintiff is the petitioner. The original suit was filed for recovery of rent and in the alternative for recovery of damages. The circumstances in which the relief was sought may be stated in brief. Plaintiff claims title to the disputed house and pleaded that defendants were tenants. He filed an application for eviction of the defendants before the House Rent Controller. That application was rejected on the finding that relationship of landlord and tenant was not established and that the House Rent Controller had no jurisdiction to entertain the application for eviction. Therefore, the plaintiff filed the present suit for recovery of rent, end as the relationship of landlord and tenant was not established in the alternative for recovery of damages on the footing that the defendants are in unauthorised occupation of the plaintiff's house. The defendants filed a written statement asserting that the plaintiff had no title to the disputed house and that the suit f...
Raghunath Badapanda Vs. Arakhit Sahu and ors.
Court: Orissa
Decided on: Jun-26-1972
Reported in: AIR1973Ori43; 38(1972)CLT812
ORDERG.K. Misra, C.J. 1. Opposite Party No. 1 is the decree-holder. Petitioner and opposite party No. 2 are the judgment-debtors, Opposite party No. 1 filed a suit for recovery of money against petitioner and opposite party No. 2. The trial Court passed a decree against the petitioner and dismissed the suit against, opposite party No. 2. The appellate court modified the decree and passed a joint decree against the petitioner and opposite party No. 2. As the judgment-debtors did not pay the decretal amount the decree-holder filed execution. In the execution case, the petitioner filed an objection under Section 47 of the Code of Civil Procedure alleging that the money originally advanced by the plaintiff was taken half end half by the petitioner and opposite party No. 2 and consequently the Petitioner should be permitted to pay only half the decretal dues. Subsequently another application was filed asking in the alternative for grant of instalment of decretal dues. The executing court fi...
Kurti Sahoo and ors. Vs. Bhramarbar Sahoo and ors.
Court: Orissa
Decided on: Jun-23-1972
Reported in: 1973CriLJ557
G.K. Misra, C.J.1. The short facts are as follows:Plot No. 2125 in village Gunduraposi was the subject-matter of dispute in a 145 proceeding amongst the petitioners (second-party members), and the opposite parties (first party members). The second party members did not put any claim to this property. Consequently the 145 proceeding was dropped. In that very proceeding, however, Plot No. 309/407 and Plot No. 2525/2432 of village Podhunkhoja and Gunduraposi respectively were attached, though they were not the subject-matter of the dispute. As there was no dispute in regard to these two plots, the learned Magistrate released the property from attachment in favour of the second party members. Against that order the first-party-members filed a revision in this Court. My learned brother R.N. Misra, J. while upholding the order of the Magistrate regarding the dropping of the proceeding in respect of Plot No. 2125, gave a further direction that the Magistrate would make an enquiry into the fac...
Krupasinghu Routra and anr. Vs. Purna Chandra Misra and ors.
Court: Orissa
Decided on: Jun-19-1972
Reported in: AIR1973Ori44; 38(1972)CLT764
S.K. Ray, J. 1. This second appeal arises out of a suit for eviction of defendants 1 and 2 from the suit house where they had been inducted as tenants for realisation of arrears of rent amounting to Rs. 240/- for the period of 24-6-1963 till 26-8-1964 for declaration of plaintiff's right, title and interest in respect thereof and for a further declaration that the defendants 1 and 2 have acquired no interest in the suit house under a registered sale deed executed in their favour by defendant 3 and any interest, if any acquired thereunder is ineffective against the plaintiff's interest.2. The land on which the suit house stands belongs to P. W. D. Defendants 3 and 4 Who are brothers obtained lease of the land and constructed the suit house thereon and remained in possession thereof as owners. Subsequently defendant No. 3 alienated his moiety interest in the suit house to defendant 4, on 5-7-1959, who, in consequence thereof, became the full owner thereof. The defendant 4 in his turn sol...
Mania Barik Vs. Suki Bewa and ors.
Court: Orissa
Decided on: Jun-19-1972
Reported in: AIR1973Ori47
S.K. Ray, J. 1. The plaintiff filed the suit for partition of 'Kha' schedule property into three equal shares and allotment of one such share in her favour and delivery of possession of her share and declaration of her exclusive right over the 'Ga' schedule properties and for further declaration that the sale deed executed in favour of defendants 6 and 7 dated 30-7-1958 is not binding on her as the vendor of that sale deed purporting to sell the same as son of Bhaban, her husband, is actually is not his son. She claimed relief of permanent injunction against the defendant 3 from realising rent from tenants on 'Ga' schedule Properties.2. The genealogy set up in the 'Ka' schedule to the plaint is extracted below, to show the relationship of the parties. Banamali Barik | ------------------------------------------------- | | | Ananda Barik Bhagaban Bhaban Barik (died in 1941) | Barik =Sukhi Bewa (Plff.) ------------------ | | | |Gopal Barik (D.1) Govind Barik | (died) | -------------------...
Ajib Jally Vs. Chandramani Dalal and ors.
Court: Orissa
Decided on: Jun-19-1972
Reported in: 1973CriLJ362
ORDERS. Acharya, J.1. This revision is directed against the order of the appellate court acquitting the opposite parties of the offences under Sections 143 and 379 I.P.C. of which they were convicted by the trial Court.2. The prosecution case, in brief, is that the accused persons formed an unlawful assembly and cut and removed branches of trees and bamboos from the two topes belonging to the complainant. On these allegations the six opposite parties in this revision along with 13 others were tried for offences under Sections 144 and 379 I.P.C. in G.R. Case No. 1334 of 1967 on a charge sheet submitted by the police. The trial court convicted the six opposite parties of the offences under Sections 143 and 379 I.P.C. and acquitted the 13 other accused persons. The appellate court acquitted all the opposite parties of both the above offences on the finding that the prosecution could not bring home the charges against the opposite parties beyond reasonable doubt.3. The accused persons comp...
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