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Results · Orissa
Ramamohan Das Vs. Basudeb Dass
Court : Orissa
Reported in : AIR1950Ori28
Das, J.1. The defendant is the appellant in this second appeal. The suit relates to an institution called Sri Biranshi Narayan Muth at Buguda, Ghumsur Taluk, Ganjam District. As appears from the connected civil Revisions Nos. 169/47 and 8/48 which have been heard with this appeal there appears to be some reasonable doubt whether this institution is a Muth or a temple. But so far as this appeal is concerned, it has proceeded on the assumption put forward by the plaintiff in his plaint that it is a Muth. This has not been traversed by the defendant in his written statement. The plaintiff's case is that the defendant is the Mahant of the Muthand that he is his duly constituted Chela and that his residence in the Math has been made impossible by the wrong conduct of the defendant and that he is denied even food and raiment and that he has had to leave the Muth in 1930. He accordingly asserts a right to be maintained out of the Muth funds and brings the suit against the defendant as the hea...
Tag this Judgment!Sudhu Kumbhar Vs. the King
Court : Orissa
Reported in : AIR1951Ori354
Narasimham, J.1. Applt. Sudbu Kumbhar was convicted for the murder of his own father Pahalu Kumbhar & satenced to transportation for life by the Ses. J. of Sundergarh, Sambalpur.2. The offence was said to have been committed on 31-8-1947 in village Hamirpur P S, Eaghunathpaii in Gangpur State. That day was a day of of festivity for the villagers being the Rakhi Purnima & it appears that most of the males of the, village including the applt. & his father Pahalu took considerable quantities of rice beer (Handia). At about noon Pahalu after performing the usual worship & taking Khichiri meals lay clown for rest on the verandah of one of the rooms of his house. The females went to neighbouring-houses for taking their food. Just then the applt returned from somewhere, went inside the kitchen & finding (sic) to why no food or drink was kept for him. Thereupon Pahalu rebuked him for being a glutton (Ranka). This remark was said to have so much enraged the applt that he ran towards his father,...
Tag this Judgment!Gopinath Jiew and ors. Vs. the Comr. of Hindu Religious Endowments and ...
Court : Orissa
Reported in : AIR1951Ori339
Ray, C.J.1. It arises out of an order of the Munsif of Cuttack refusing to grant a temporary injunction to the pltfs.-petnra. by way of restrain, the deft. 1 (C. P. 1), Hindu Religious Endowments Comr. from levying contribution from the pltf. under the provisions of the Orissa Hindu Religious Endowments Act.2. The Commr. in exercise of the powers under the Act declared the endowment a public one, & accordingly, is going to levy the usual contribution which, in this case, amounts to Rs. 80 annually, the aggregate of the claim, at the time the petn, was filed, amounting to Rs. 240. The prayer for in. junction has been rejected on two grounds, namely, (i) that the suit having been stayed under Schedule , (Orissa Hindu Religious Endowments Amendment Act (Orissa Act (xxxi [31] of 1947), the Ct has no power to issue injunction; & (ii) that according to the balance of convenience, the petn. has no3. We have to consider two very important questions of law(i) Whether the suit is one within the ...
Tag this Judgment!Narendra Kishore Das Vs. Banamali Sahu Dibakar Sahu Firm
Court : Orissa
Reported in : AIR1951Ori312
Ray, C.J.1. This appeal is directed against an order of the Subordinate Judge of Cuttack refusing to set aside an ex parte decree. The suit was a Money Suit by the resp. against more than four defta. of whom deft. 2 is the applt. before us. Deft, l is the elder brother & is stated to be the Manager of the joint family of defta. l, 2 & 3. Deft, is a Muhammadan gentle, man who was impleaded on the ground that he was one of the patnrs. of the partnership business in relation whereto the liability in favour of the pltf. is said to have arisen. Defta 5 & 6 were some of the servants of the partnership concern. . The suit was contested by deft. & he was released from the liability on the finding that he was not a patrar. of the concern. Deft, l, while residing at Puri. the place where he ordinarily resides now -a days away from the family house at Cuttack, was personally served with summons which he acknowledged. Deft. 8 is the son of deft, 1. The two defts. (deffcs. 2 & 3) could not be perso...
Tag this Judgment!Balkrishna Nanda and anr. Vs. Ramchandra Bhuyan and anr.
Court : Orissa
Reported in : AIR1952Ori175
Panigrahi, J. 1. The appellant in Second Appeal No. 209 of 1945, namely Balakrishna Nanda is the auction-purchaser of a ryoti holding No. 405 and he filed, two suits in the Court of the Munsiff, Title Suits Nos. 154 and 155 01 1941, for ejecting the defendants who were recorded as Sikimi tenants in respect of this holding and whose under-ryoti holdings were registered as Nos. 55 and 56. The learned Munsif who tried the suit gave a decree to the plaintiff for ejectment in respect of holding No. 55 and dismissed the plaintiff's suit in respect of holding No. 56. Both the parties preferred appeals to the Court of the Subordinate Judge who confirmed the decree of the District Munsiff, and both parties have come up in appeal to this Court. Second Appeal No. 209/1945 is the appeal filed by the unsuccessful plaintiff, Baiakrishna Nanda and Second Appeal No. 219/1945 is the appeal filed by the defendant against whom, a decree in ejectment had been passed.2. It is not necessary for the purpose ...
Tag this Judgment!Brajraj Ramanuj Das Vs. Ajiman Nisa Bibi
Court : Orissa
Reported in : AIR1950Ori19
Das, J.1. The plaintiff is the appellant in this second appeal. The dispute relates to a ferry right across the river called variously as 'Harachandi, Sunnamubi, Kama or Deshi.' The river flows through a village called Narasinghpatna in the Sadar Sub-Division of Puri and the ferry claimed is situated in this village. The portion of the river bed in this village is 50 acres and 90 decimals in extent consisting of plot NOS. 63 and 471 in the Anabadi Khata No. 104 of the village. The plaintiff who is the Mahant of Pandit Muth of Puri is the recorded proprietor of the village Narasinghpatna including the two plots Nos. 63 and 471. The defendant is the owner of the Khandayati Jagir of Rendhagarh in which is included the village Sipasurubili which lies to the west of the river adjacent to the plots NOS. 63 and 471. For a few months in the year, that is, during the rainy reason and high floods, the river is not fordable at this place and passengers who have to cross from one side to the other...
Tag this Judgment!Subarna Bissoiani Vs. Arjuno Bissoi
Court : Orissa
Reported in : AIR1951Ori337
Jagannadhadas, J.1. The deft, is the applt. in this second appeal. The appeal arises out of a suit brought by the pltf. for recovery of two plots of lands described in the plaint schedule from the possession of the deft. These two items of land have been purchased in the name of the son of the pltf. under two sale deeds, Exs. B & C, dated 4-10-30 & 4-2-35 respectively. The pltf.'s son died in the year 1942 prior to the suit without leaving any issue. The.. deft, claims to be in possession as being his married, wife. The pltf.'s contention is that the deft, is not the legally married wife of his son & that in any case the suit properties though standing in the name of the son were the joint family properties & that his son died undivided & that therefore the deft, had no title to the property. The Cts. below have found that the pltf. & his deceased son were undivided & that the properties covered in Exs. B & C, though standing in the name of the son, were joint family properties. They a...
Tag this Judgment!Sri Popsing Rice Mill Vs. Commissioner of Income-tax, Bihar and OrissA ...
Court : Orissa
Reported in : AIR1949Ori53; [1949]17ITR420(Orissa)
RAY, C.J. - This arises out of an application made to this Court, under sub-section (3) of Section 66, Indian Income-tax Act, 1922, complaining against the correctness of the Appellate Tribunal decision dated November 9, 1948, that the assessee application, under Section 66(1), to the Tribunal to refer a question of law said to arise out of its order dated November 19, 1947, was time-barred by 3 days, and that the Tribunal has no powers to condone the delay. The circumstances in which the case arises are as follows :-The assessee was served with notice of an order under sub-section (4) of Section 33 of the Act on December 4, 1947. He having intended to require the Appellate Tribunal to refer to the High Court a question of law arising out of such order within 60-days of the date of service of the notice of the order made a deposit of Rs. 100 in the Cuttack Treasury on February 2, 1948, being 60th day from the date of such service, by Chalan No. 7; that very day he had sent an applicati...
Tag this Judgment!Narasingh Charan Mohapatra Vs. Radhakanta Mohapatra
Court : Orissa
Reported in : AIR1951Ori132
Panigrahi, J.1. These two appeals arise out of proceedings in a suit filed in the Court of the Subordinate Judge. Cuttack, by one Radhakanta Mohapatra, son of the appellant, Choudhury Narasingh Charan Mohapatra, for a partition of the joint family properties belonging to himself and his father. The suit was registered as O. S. No. 9 of 1945 and was ultimately compromised on 18-1-1946 by a deed of compromise the parties agreeing to have the partition of their properties in equal shares through the mediation of Bhadraloks and undertaking to file allotment lists in Court within one month from the date of compromise. The allotment, however, did not materialise for some reason or other and the plaintiff thereupon filed a petition praying for the appointment of a commissioner. The learned Subordinate Judge, by his order dated 23-4-46, overruled the objection raised on behalf of the defendant-appellant that the comprosmise decree was in the nature of a final decree and directed the preparatio...
Tag this Judgment!Bansidhar Nanda and ors. Vs. Shyamsundar Nath Suthu
Court : Orissa
Reported in : AIR1951Ori273
Panigrahi, J.1. The suits out of which these three appeals arise were instituted by the pltf. resp., who is the proprietor of Darpan Estate, a permanently settled estate in the Dist. of Cuttack, for recovery of mutation fees from the applts. who are transferees of ryoti holdings within the estate. The suits were instituted in the Ct. of the Rent Suit Officer in Rent suits Nos. 729 & 786 of 1941 & 1942 (out of which the S. A. Nos.. 108 & 138 of 1944 arise) & were tried with a batch of 68 suits. Rent Suit no. 415 of 1943 out of which the S. A. No. 142 of 1944 arises was tried along with a batch of 111 suits. All these suits were instituted by the proprietor resp. under Schedule 1-B, Orissa Tenancy Act, for the recovery of mutation fees.2. The pltf's case is that the applts in S. A. 108 & S. A, 138 of 1944, who constitute one family & who are common in both the appeals, obtained by registered sale deeds, dated 5-10-1904 & 15-9-1922 respectively, certain occupancy holdings from the recorde...
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