Court : Orissa
Reported in : AIR1958Ori113; (1958)24CALLT350; 1958CriLJ785
..... appellant nakafodi alias jadumani parikha who was the first accused in the court below was convicted by shri r.c. misra, sessions judge, cuttack-dhenkanal for murder punishable under section 302 i. p. c. and was sentenced to imprisonment for life. he was tried along with his brother lakshmidhar parikha, but the learned sessions judge acquitted lakshmidhar.2 ..... the ground. if accused 2 did not cause a fracture of the skull or caused a fracture less serious than that found on post mortem examination then the act of accused i would clearly amount to murder; because he was either almost entirely responsible for the death of the deceased or materially contributed to it. even ..... , 32 and 40 as well as in in his report at the police station which was a first information report clearly stated at the earliest opportunity that he acted in self-defence. taking into account the above circumstances, especially the distance at which the eye-witnesses to the murder were at the time the occurrence took place .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori202; (1958)IILLJ430Ori; (1958)IILLJ430Ori
R. L. Narasimham, C. J. 1. This is a petition under Article 226 of the Constitution by the Sheristadar of the Munsif's Court, Berhampur, against the order of the District Judge, Berhampur, conveyed in his Memo No. 119-III-D. 3/53-55, dated the 18-1-1955, declining to give further extension of service to the petitioner and directing his retirement with effect from the 1-7-1955.2. The petitioner was a ministerial officer attached to the District Judge's office at Berhampur. He attained the age of superannuation (55 years) on the 1-7-1953 while working as Sheristadar of the Munsif's Court. Under sub-rule (b) of Rule 71 of the Orissa Service Code (Vol I), a ministerial officer may be required to retire at the age of 55 years, but should ordinarily be retained in service, if he continues to be efficient, upto the age of 60 years.When the' time for his superannuation drew near, the District Judge, after inspection 'of the Munsif's court and review of his work, granted him an extension of ser...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori101; 24(1958)CLT224
S.P. Mohapatra, J.1. This appeal has been filed by the plaintiff against the confirming judgment dated 12-8-1953 of the First Additional Subordinate Judge of Cuttack arising out of a suit for ejectment. The plaintiff's case is that .03 acres of the disputed land appertains to Current Settlement plot No. 417 in Khuta No. 493 which is a chandana holding, that the disputed plot belonged to one Karuna Bai who died leaving as her heir a daughter of Chandramoni alias Chandi; and the plaintiff claims title on the basis of a Kabala registered on 30-9-1946 which was for a consideration of Rs. 100/- and executed by the said Chandramoni. According to the plaintiff, defendants 1 to 7 were tenants-at-will in respect of the disputed plot and after service of notice and several demands as they did not vacate the suit land the plaintiff has brought the action on the basis that defendants 1 to 7 are mere trespassers, and as such are liable to be evicted.2. Defendants 1 to 7 in their joint written state...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori171; 24(1958)CLT70; 1959CriLJ1203
..... and should be treated as a theft.' no other reasons or authorities were cited by the learned judges in this decision. in my opinion, the definition of 'robbery' in section 390, i. p. c. requires that either death or hurt or wrongful confinement is caused or the victims put in fear of instant death, instant hurt or instant wrongful ..... large number and so peacefully and calmly without using any force or show of force the dacoits acquired the property, and so the offence comes technically within the purview of section 380 i. p. c.'this proposition of the trial judge was negatived by the learned judges by saying 'that if that were so, any dacoity in which no ..... case of robbery or dacoity must be accompanied by use of violence or resistance.'i think, in this the learned sessions judge is completely mistaken. 'robbery' is defined in section 390 of the indian penal code as follows:'in all robbery there is either theft or extortion. theft is 'robbery' if in order to the committing of the theft, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori92; 24(1958)CLT108; 1958CriLJ651
..... not speak the truth. not only does an adverse inference arise against the prosecution case from his non-production as a witness in view of illustration (g) to section 114 of the evidence act. but the circumstances of his being withheld from the court casts a serious reflection on the fairne'ss of the trial.'mr. pasayat also cited to us a ..... decision in the case of dinanath sahay v. emperor air 1939 pat 174 (d) in which it was held that the non-compliance with the provisions of section 162 cr ..... police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. but in this case it is in evidence that after the divisional inspector took over charge of the investigation, he re-examined the witnesses and recorded their .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori239; 24(1958)CLT162; 1958CriLJ1332
..... 2. the judgment of conviction was passed by the learned additional sessions judge after accepting the unanimous verdict of the jury that the appellant was guilty of robbery punishable under section 394, i, p. c. the prosecution case, as disclosed in the evidence, is briefly as follows. some 3 or 4 days-prior to the date of occurrence ..... up not only misdirected the jury with regard to the actual offence committed, but did not also explain to the jury under what circumstances they should hold that the act of the appellant was extortion amounting to robbery or theft amounting to robbery. i am, therefore, clearly of the opinion that the learned additional sessions judge has ..... explained what 'theft' was and what 'extortion' was and also explained when under section 390, i. p. c. theft or extortion would amount to robbery as laid down in the section. he closed the charge to the jury on the question of law after stating that sections 394 and 397, i. p. g. punish aggravated forms of robbery. in my .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori106; 1958CriLJ657
..... stolen property recovered. moreover petitioner poka jena is a resident of village kanthipur. from these circumstances the jury were entitled to presume under section 114 of the evidence act, that the petitioners had reasons to believe that possession of the stolen ornaments was transferred by commission of dacoity.13. i am therefore ..... .the words 'receives' and 'retains' are generally used together and though illustration (a) to section 114 of the evidence act expressly refers to dishonest receipt of stolen property, a presumption about dishonest retention of the stolen property may equally be made by virtue of that ..... that where the charge dealt only with dishonest retention and not alternatively with either retention or receipt, the presumption under illustration (a) to section 114 of the evidence act is not available. he has, however, not been able to eite any authority in support of such a too literal construction of this illustration .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori254; 24(1958)CLT127
..... and laxmi. he made an oral will under which he bequeathed the property in dispute to his daughter laxmi. on 6-9-1906 mst. sheokori and mst. badni purporting to act in accordance with the directions of the oral will, executed and registered a deed of gift of the property in favour of mst. laxmil the gift deed contained the following .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori220; 24(1958)CLT183; 1958CriLJ1207
..... held out to the general public that the bhog was mahaprasad it would be reasonable to attribute to them criminal knowledge required by that section, that is to say they knew that, by their act, the hindu public -- especially of puri -- would consider such defilement of mahaprasad to be an insult to their religion.it was ..... lower court on the ground that he did what he considered bona fide to be an act of worship, while maintaining the order of acquittal, and discussing the scope of section 205, indian penal code, muthuswamiayyar j. observed that the section was intended to prevent wanton insult to the religious notions of a class of persons.'it ..... other sebak attached to the temple, would commit an act with the deliberate and malicious intention of outraging the religious feelings of hindus.the main offence which, according to mr. mohanty was committed by the opposite party was the offence under section 295, indian penal code. that section says (omitting immaterial portions) that if a person .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori160
..... trustee, then the impartibility of the estate does not attach itself to the portion carved out and endowed, and the principle enunciated in section 3 of the crown grants act (xv of 1895) does not apply.this section applies only to grants made by the crown or by the sovereign authority. in the tagore's case as well as in another ..... succession to ordinary secular property the general law of succession under hindu law to the extent, that it has been modified by the hindu women's right to property act would also be attracted to devolution of shebaiti rights and after a discussion of the law on his topic, the learned author observes in the last sentence at page ..... shebait would succeed jointly to the shebaiti rights held by the latter and further held that even if the expression 'property' in the hindu women's right to property act is to be interpreted as meaning property in its common, or accepted sense and is not to be extended to any special type of property which 'shebaitship' admittedly is .....
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