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Dec 17 1954

Niranjan Samal Vs. Tirilochan Kuar

Court : Orissa

Decided on : Dec-17-1954

Subject : Contract

Acts : Evidence Act, 1872 - Sections 92; Contract Act, 1872 - Sections 17 and 19

Reported in : AIR1956Ori81

Advocate for Respondent : G. Dhal and ;P.K. Dhal, Advs.

Mohapatra, J.1. Plaititiff's suit, for setting aside a compromise decree obtained in O.S. No. 292/44 of the Court of Munsif of Jaipur having been decreed by both the Courts below, the defendant has brought this second...

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Apr 12 1955

B.C. Patel and Co. Vs. Sales Tax Officer and anr.

Court : Orissa

Decided on : Apr-12-1955

Subject : Sales TaxConstitution

Acts : Orissa Sales Tax Act, 1947 - Sections 4, 4(1) and 4(2); Constitution of India - Article 286

Reported in : AIR1955Ori172; 21(1955)CLT339; [1956]7STC221(Orissa)

Advocate for Respondent : S.B. Mohapatra and ;G. Dhal, Advs.

Narasimham, J.1. This is a petition under Article 226 of the Constitution by a dealer in kendu leaves against the orders of the Sales Tax Authorities assessing him to sales tax in respect of sales which...

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Jul 21 1955

Robert Alveres and Sons and ors. Vs. Members, Board of Revenue in Char ...

Court : Orissa

Decided on : Jul-21-1955

Subject : Sales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 1(3), 2 and 4(1)

Reported in : AIR1956Ori2; 22(1956)CLT188; [1956]7STC284(Orissa)

Advocate for Respondent : B. Mohapatra and ;G. Dhal, Advs.

P. V.B. Rao, J.1. All these cases are taken up together as they involve common questions of law and fact. In S, J. C. Nos. 12 and 13 of 1952 and O.J. C. No. 35 of...

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Aug 04 1949

Hari Behera Vs. Harikrishna Kantha

Court : Orissa

Decided on : Aug-04-1949

Subject : Tenancy

Acts : Tenancy Law; Orissa Tenancy Act, 1913 - Sections 57 and 236; Orissa Tenancy (Amendment) Act, 1946

Reported in : AIR1950Ori61

Advocate for Respondent : G. Dhal, Adv. for S. Misra

Narasimham, J.1. The defendant is the appellant in this appeal. The plaintiff purchased occupancy holding No. 83 in which is included sikmi plot No. 868 measuring 39 decimals in extent, from the recorded raiyat by a...

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Sep 05 1955

Chakko Bhai Ghelabhai Vs. State of Orissa and ors.

Court : Orissa

Decided on : Sep-05-1955

Subject : Sales Tax

Acts : Constitution of India - Article 226; Orissa Sales Tax Act, 1947 - Sections 2, 4, 11(1), 12(5), 12(7) and 29(2); Adaption of Laws Order, 1950; General Clauses Act, 1897 - Sections 6

Reported in : 21(1955)CLT521; [1956]7STC36(Orissa)

Advocate for Respondent : Adv. General, ;G. Dhal and ;B. Mohapatr, Advs.

Panigrahi, C.J. 1. The petitioner is a firm dealing in Biri leaves with its head-quarters in Bagbahara in Madhya Pradesh. During the years 1048 to 1951 he was engaged in collecting Biri leaves from the forest...

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Nov 04 1952

Makbul and ors. Vs. Dinabandhu Gajendra Mohapatra, Plaintiff and ors.

Court : Orissa

Decided on : Nov-04-1952

Subject : Property

Acts : Bengal Alluvion and Diluvion Regulation, 1825 - Sections 4(1)

Reported in : AIR1953Ori76

Advocate for Respondent : G. Dhal, Adv.

Panigrahi, J.1. This appeal arises out of a suit for a declaration of the plaintiff's occupancy right in 2.36 acres and 7 kadis of land appurtaining to Current Settlement Plot No. 1725, of touzi No. 1434...

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Dec 01 1954

Simhadri Sahu Vs. Balaji Padhi and ors.

Court : Orissa

Decided on : Dec-01-1954

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 and 47

Reported in : AIR1955Ori81; 21(1955)CLT170

Advocate for Respondent : G. Dhal, Adv.

Mohapatra, J.1. This is a judgment-debtor's miscellaneous appeal against an order dated 27-9-1951 of Sri R. C. Misra, Agency Subordinate Judge of Jeypore, passed under Section 47, Civil P. C., in Exn. Case No. 14 of...

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Apr 12 1955

Ramakrishna Deo Vs. the Collector of Sales Tax

Court : Orissa

Decided on : Apr-12-1955

Subject : Sales Tax

Acts : Orissa Sales Tax, 1947 - Sections 2

Reported in : AIR1955Ori164

Advocate for Respondent : B. Mohapatra and ;G. Dhal, Advs.

Panigrahi, C.J. 1. This application comes before us on a reference made by, the Revenue Commissioner under Section 24, Orissa Sales Tax Act (Act 14 of 1947). The questions referred to us for opinion are the...

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Mar 22 1955

Madras Auto Service Ltd. and ors. Vs. Assistant Collector, Commercial ...

Court : Orissa

Decided on : Mar-22-1955

Subject : Sales Tax

Acts : Constitution of India - Article 286(1); Orissa Sales Tax Act, 1947 - Sections 2, 4 and 12(5)

Reported in : AIR1955Ori122

Advocate for Respondent : Adv. General, ;B. Mohapatra and ;G. Dhal, Advs.

Mohapatra, J.1. These three petitions are under Article 226 of the Constitution for issue of a writ of prohibition or mandamus directing the opposite party, the Assistant Collector of Commercial Taxes, Central Circle, Orissa, not to...

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Mar 15 1955

Bhabani Bewa and ors. Vs. Akshoy Kumar Das and anr.

Court : Orissa

Decided on : Mar-15-1955

Subject : Property

Acts : Partition Act, 1893 - Sections 4

Reported in : AIR1955Ori143; 21(1955)CLT371

Advocate for Respondent : G. Dhal, Adv.

Narasimham, J.1. This is an appeal against the concurrent decisions of the two lower Courts decreeing the respondent-plaintiffs' suit for partition.2. The properties to be partitioned are two plots bearing Nos. 1247 (having an area of...

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