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Sep 16 1968

Soubhagya Chandra Patnaik Vs. Union of India (Uoi) Represented by Chie ...

Court : Orissa

Decided on : Sep-16-1968

Subject : Civil

Acts : Army Act, 1950 - Sections 71, 73 and 152

Reported in : AIR1969Ori169; 34(1968)CLT1404; 1969CriLJ930

Barman C.J. 1. The petitioner -- a Jawan cadet in the 54 A. D. Battery, 19 Air Defence Regiment of the Indian Army at present in Cuttack Jail -- challenges the order dated August 8, 1967...

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Aug 19 1968

Ananta Misra Vs. Utama Dibya

Court : Orissa

Decided on : Aug-19-1968

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 9, Rule 13

Reported in : AIR1969Ori183

ORDERG.K. Misra, J.1. Plaintiff filed the suit on the allegation that the defendant borrowed Rs. 200/- from her on the basis of a registered Kentakabala (Ex. 1) dated 3-11-59 on condition that he would redeem the...

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Jan 14 1969

Nandram Hunatram Vs. State of Orissa

Court : Orissa

Decided on : Jan-14-1969

Subject : Property

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 28; Mineral Concession Rules, 1960 - Rules 31, 54 and 55; Constitution of India - Articles 226, 227, 256, 257 and 299

Reported in : AIR1969Ori165

Barman, C.J. 1. In these matters --the writ petition filed by the petitioner Messrs. Nandram Hunatram and the suit filed by the State of Orissa against the petitioner which on transfer was heard along with the...

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Sep 03 1968

Durga Prasad Sharma Vs. Sadasib Biswal

Court : Orissa

Decided on : Sep-03-1968

Subject : Contract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 8, Rule 6; Contract Act, 1872 - Sections 65 and 70

Reported in : AIR1969Ori171; 34(1968)CLT1227

A. Misra, J. 1. This second appeal has been preferred by the defendant against a modifying judgment. The plaintiff-respondent was an employee of the defendant. On 19-6-59, there was a settlement between the parties at which...

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Sep 10 1968

Binod Naik and anr. Vs. Chandrasekhar Padhi and ors.

Court : Orissa

Decided on : Sep-10-1968

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 to 101 - Order 20, Rule 7 - Order 22, Rule 3 - Order 23, Rule 1; Evidence Act, 1872 - Sections 5; Hindu Law

Reported in : AIR1969Ori134; 34(1968)CLT1305

G.K. Misra, J.1. Kalu Rana (defendant No. 1) had two sons Gangadhar (defendant No. 2) and Banchhanidhi (defendant No. 3) and a daughter Chandra who was implead-ed as respondent No. 1 (b) in the lower appellate...

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Jan 24 1969

Md. SerajuddIn Vs. State of Orissa

Court : Orissa

Decided on : Jan-24-1969

Subject : Property

Acts : Contract Act, 1872 - Sections 2 and 56; Constitution of India - Article 299 and 299(1); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 5; Government Grants Act, 1895 - Sections 2 and 3; Transfer of Property Act, 1882 - Sections 111 and 114

Reported in : AIR1969Ori152

Acharya, J. 1. This Is a defendant's appeal against the judgment and decree passed by the Additional Subordinate Judge, Cuttack in T. S. No. 55 of 1964 decreeing the plaintiff's suit for evicting the defendant from...

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Aug 28 1968

Mani Charan SwaIn Vs. State of Orissa and ors.

Court : Orissa

Decided on : Aug-28-1968

Subject : Limitation

Acts : Limitation Act, 1908 - Schedule - Articles 142 to 144; Orissa Tenancy Act, 1913 - Sections 23, 24, 55 and 251; Tenancy Law; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : AIR1969Ori184

G.K. Misra, J.1. Ka schedule land consists of 0.08 acre out of C. S. plot No. 816 recorded as Gochar in Anabadi Khata No. 501 of village Juna in the district of Cuttack. Kha schedule land...

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Sep 13 1968

Krushna Chandra Tripathy and anr. Vs. Lokanath Mohapatra and ors.

Court : Orissa

Decided on : Sep-13-1968

Subject : Civil

Acts : Orissa Court-fees Act, 1870 - Sections 7 - Schedule - Article 5; Code of Criminal Procedure (CrPC) - Sections 145; Tenancy Law; Orissa Estates Abolition Act, 1952 - Sections 5; Code of Civil Procedure (CPC) , 1908 - Sections 100, 101 and 115

Reported in : AIR1969Ori140

ORDERG.K. Misra, J.1. Plaintiffs' case is that they were occupancy raiyats of the disputed lands, under defendants 1 to 6 who were Tanki Baheldars (tenure-holders). The tenure vested in the State of Orissa under the Orissa...

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Oct 25 1968

M. Abdul Hassan and ors. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Oct-25-1968

Subject : Excise

Acts : Constitution of India - Article 226; Bihar and Orissa Excise Act, 1915 - Sections 27; Limitation Act, 1908 - Schedule - Article 96

Reported in : AIR1969Ori180

Barman, C.J.1. The petitioners in these writ petitions are dealers in excisable commodities inter alia foreign liquor. The point which arises in these writ petitions is whether a writ of mandamus can be issued for refund...

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Jan 23 1969

Commissioner of Income-tax Vs. Prafulla Kumar Mallik

Court : Orissa

Decided on : Jan-23-1969

Subject : Direct Taxation

Acts : Income-tax Act, 1922 - Sections 10(1) and 66(1); Sale of Goods Act, 1930 - Sections 59

Reported in : AIR1969Ori187; [1969]73ITR119(Orissa)

Barman, C.J.1. This matter arises out of a question referred by the Income-tax Appellate Tribunal to this court under Section 66(1) of the Indian Income-tax Act, 1922, for decision. The question referred is:'Whether on the facts...

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