Court : Orissa
Decided on : Feb-09-1951
Reported in : AIR1951Ori378
Narasimham, J.1. This reference to the special Bench was necessitated in consequence of a difference of opinion between my lord the Chief Justice and my learned brother Justice Das who first heard the appeal as a Division Bench.2. The essential facts have been fully set out in the judgment of my learned brother Justice Das and it is unnecessary to repeat them at length. Appellant Radhi Bewa (who was defendant No. 2 in the original suit) is the widow of one Bairagi who died sometime in 1932 or 1934. Respondent Bhagawan (plaintiff no. 1) is the own brother of Batragi and respondents Brundaban and Hrudanand (plaintiffs 2 and 3) are the sons of another brother of Bhagawan and Bairagi named Natha who is dead. There was another brother of Bhagawan named Bharat who died leaving a widow named Keluni (defendant no. 1) and a daughter (defendant no 3.) They were also parties to the litigation in the early stages and it appears that they eventually compromised with the plaintiffs. The whole case p...
Tag this Judgment!Court : Orissa
Decided on : Mar-09-1951
Reported in : AIR1952Ori75
Narasimham, J. 1. These two connected appeals are by some of the defendants, against the decision of the Subordinate Judge of Sambalpur decreeing the plaintiffs' suit for declaration of title, recovery of possession and damages in respect of certain property situate in Sambalpur District which originally belonged to one Lokanath Parichha. The said Lokanath Parichha died sometime in 1895 leaving three daughters through his first wife and a son named Satyanand through his second wife. The name of the second wife of Lokanath was Haripriya alias Srihari. But the parties differ as regards the name of his first wile, the plaintiffs asserting that she was Satyabhama alias Bhama, whereas the principal defendants urged that she was known as Malli. Satynnand succeeded to his father's property but died unmarried sometime in 1902 and then his mother Haripriya succeeded him with the limited interest known as a Hindu Woman's estate. She lived till 1942 and during this long period of nearly 40 years ...
Tag this Judgment!Court : Orissa
Decided on : Mar-14-1951
Reported in : AIR1952Ori182
Jagannadhadas, J.1. The 1st defendant is the appellant in this second appeal. The appeal arises out of a suit filed under Order 21, Rule 63, of the Civil P. C., which has been filed by the plaintiff-decree-holder against whom an adverse order was passed, on a claim filed by the 1st defendant. The suit was dismissed in the trial Court, but on appeal it was decreed against the 1st defendant and hence this appeal. 2. The suit property comprises two lots, specified in the plaint covering an extent of .010 acres which admittedly belonged to one Kinu Sahu. Defendant 1 is his daughter. D. 2 according to the plaintiff is the adopted son of Kinu Sahu and D. 3 is the son of D. 2. Kinu Sahu appears to have died sometime long prior to 1919. D. 2 borrowed a sum of Rs. 90/- from the plaintiff on a mortgage of certain property, other than the suit property, admittedly belonging to Kinu Sahu. The mortgage is Ex. 1 dated 5-5-1919. The palintiff filed subsequently a suit on that mortgage, obtained a dec...
Tag this Judgment!Court : Orissa
Decided on : Apr-03-1951
Reported in : AIR1952Ori42
Narasimham, J.1. These are petitions under Article 226 of the Constitution by persons who were plying stage carriage vehicles (buses) for hire alongcertain routes in Ganjam district & whose permits have been cancelled with effect from 1-1-1951 in consequence of notification No. 35613 S. T. dated 21-9-1950 read with erratum No. 363669 S. T. dated 27-9-1950 issued by the State Govt. under Section 5, Orissa Motor Vehicles (Regulation of Stage Carriage & Public Carrier's Services) Act, 1947 Orissa Act XXXVI (36) of 1947.2. Sri Lokanath Misra the petitioner in M. J. C. No. 194 of 1950 is the owner of two buses Nos. O. R. G. 399 & 380. He was granted a permit No. 49/1 for three years from 21-4-1949 to 21-4-1952 for plying O. R. G. 380 over Odogan-Aska route in Ganjam district. He was granted another permit No. 39/1 in respect of O. R. G. 380 for a period of one year expiring on 19-11-1948 over Chirrikipada-Chatrapur route in the same district. But sometime in May 1948 that permit was validat...
Tag this Judgment!Court : Orissa
Decided on : Apr-13-1951
Reported in : AIR1952Ori168; 17(1951)CLT278
Jagannadhadas, J.1. This is an interlocutory application in Misc. Appeal No. 72/49, which is pending in this Court. The application is to amend the cause-title or the appeal memorandum by impleading the two persons; (1) Rajendra Prasad Bhagat and (2) Kamala Devi as party-respondents in the appeal and for condoning the delay. The appeal was filed on 11-10-1949, and this application was made on 25-9-1950. In order Ho appreciate the circumstances under which the application has been made, it is necessary to set out a few facts. M.A. 72/49 is against the order of the learned Subordinate Judge of Berhampur on M.J.C. No. 92/48 before him. That was an application under Section 47 Civil P. C., in the course of proceedings for execution of a mortgage-decree obtained against the father of the present appellant by the decree-holders therein. By that petition, a question was raised by the judgment-debtor that the decree obtained against his father was not execuable against him, without determinati...
Tag this Judgment!Court : Orissa
Decided on : Apr-30-1951
Reported in : AIR1951Ori362
Ray, C.J.1. This appeal was heard by Das, J. & Narasimham J. In view of the four unreported decisions of this Court in Second Appeal No. 10 of 1945, Second Appeal No. 192 of 1946, Second Appeal No. 86 of 1944 & Second Appeal No. 41 of 1946 giving rise to conflicting opinions on some vital aspects of the question as to certain distinctive features of a transaction of 'mortgage by conditional sale' as distinguished from 'a sale out & out', they have referred it to a Full Bench. The divergence of view, that according to them was of a serious character, was regarding the burden of proof, & besides, it also related to the effect of'(1) the insertion of a penalty clause in such document for return of the consideration money plus interest if the vendee is dispossessed from the lands through defect of title of the vendor or otherwise; & (2) the insertion of an express provision postponing mutation of the name of the vendee in the landlord's sherasta till expiry of the stipulated period.'2. The...
Tag this Judgment!Court : Orissa
Decided on : May-03-1951
Reported in : AIR1952Ori52
Jagannadhadas, J. 1. These two applications raise almost identical questions for consideration & are accordingly deals with by this common judgment. The petitioner in cri. Misc. case No. 36/51 is one Ratanlal Gupta & in Cri. Misc. No. 37/51 is one Aska Ram Somani. 2. These two petitioners were arrested at about 3 A. m. early morning of 16-3-51 at Berham-pur. This arrest was consequent upon investigation which followed a report received by the Sub-Inspector of Govt. Railway Police from the Sub Inapector, Town Police. The petitioners were produced on the 16th itself before the Sub Divisional Magistrate under police custody with a forwarding report that they were found smuggling 1467 yards of cloth from Berhampur at the railway station & are believed to have committed an offence under Section 7 of Act XXIV [24] of 1946. They were remanded to custody till 28-3-51. Meanwhile on 17-3-61 the petitioners moved for bail. This was opposed on the ground that the offence was presumed to relate the...
Tag this Judgment!Court : Orissa
Decided on : Jul-25-1951
Reported in : AIR1952Ori116
Ray, C.J.1. This is a plaintiff's Second Appeal in a suit for recovery of Mustajarj rent. According to the plaintiff, the defendants took a Mustajari lease for collecting rents from the tenantsfor the Fasli 1353 and agreed to pay a certain sum, namely, Rs. 14/3/12/11. They have not respected the contract. Hence the suit. 2. The defence is that there was no such lease nor did they make any collections. On the contrary, they state that the estate-holder himself made khas collections for certain period of the suit land. Both the Courts below have come to a finding that, in fact, there was a lease though in law there was not. The learned Munsif came to a very clear finding that after the execution of the lease, there was given delivery of possession to the defendants who, in pursuance thereof, entered upon the tenure and made collections. The plaintiff, however, adduced no evidence to show what, was the amount collected by them. 3. The following questions of law arose out of the issues joi...
Tag this Judgment!Court : Orissa
Decided on : Sep-25-1951
Reported in : AIR1953Ori293; 19(1953)CLT338
Narasimham, J.1. This is an application under Section 66 (2), Income-tax Act praying for the issue of a writ of mandamus on the Income-tax Appellate Tribunal to state a case for the decision of this Court.2. The material facts are these: The Orient Fast Colour Dye Works, Cuttack, is a partnership firm carrying on the business of dyeing cotton yarn. There were seventeen partners in the firm two of whom were Sri Nikunja Kishore Das and Sri Dhananjay Lenka. While assessing the said firm in respect of its income during the calendar year 1946 the Income-tax Officer included in the total profits a sum of Rs. 3249/- and Rs. 2437/- said to have been paid as remuneration to Sri Nikunja Kishore Das and Sri Dhananjay Lenka respectively. On appeal the Appellate Assistant Commissioner, Income-tax, maintained the assessment made by the Income-tax Officer and dismissed the plea taken by the petitioners to the effect that the said remuneration was paid to the said two partners not in their individual ...
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