Orissa Court August 1952 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State of Orissa and anr. Vs. Mt. Kamala Debi
Court: Orissa
Decided on: Aug-22-1952
Reported in: AIR1953Ori170
Narasimham, J. 1. This petition is by the-defendants against the order dated 9-8-1951 passed by the Subordinate Judge of Sambal-pur in Money Suit No. 24 of 1950 rejecting' their petition for stay of the hearing of the suit till the disposal of a proceeding pending before the House Rent Controller, Sambalpur. 2. The opposite party is the owner of a house in Sambalpur town. Petitioner 2 Mr. M. C. Panigrahi is the Assistant Registrar of Cooperative Societies and the Central Co-operative Bank, Sambalpur. He has taken possession of the house as a tenant for the purposes of the office of the Assistant Registrar and also for his residence. It is alleged by the plaintiff (opposite party) that petitioner 2 agreed to pay a monthly rent of Rs. 205/-. But the Co-operative Department, however, refused to pay rent at such a high rate and offered a monthly rent of Rs. 120/- only. This was, however, not accepted by the house owner and on 23-6-50 the petitioners applied to the House Rent Controller, Sa...
Surendra Mohan Patnaik Vs. Gopal Chandra Patnaik and ors.
Court: Orissa
Decided on: Aug-22-1952
Reported in: AIR1952Ori359
Das, C.J. 1. This is an application by the Petitioner who is a nominated fellow of the Utkal University, made under Article 226 of the Constitution for the issue of a writ in the nature of Quo Warranto as against the Vice-Chancellor and certain fellows of the Utkal University, challenging the election of some of them to the Senate of the University in the following circumstances :2. The application arises out of the requirement in Section 12 of the Utkal University Act, which provides for the compulsory retirement of one-fifth of the elected Fellows of the Senate in rotation at the end of each year. The names of the persons who have to be retired are determined by the process of balloting, to be conducted by the Vice-Chancellor, as provided in the Statutes framed by the Senate under the University Act. The names of those persons who were to retire by the end of December, 1952, were in fact determined by the process of balloting carried out by the then Vice-Chancellor. Thereupon a fresh...
Sri Biswambar Singh Vs. the Collector of Agricultural Income-tax
Court: Orissa
Decided on: Aug-19-1952
Reported in: AIR1953Ori69; 18(1952)CLT324; [1955]28ITR386(Orissa)
Jagannadha Das, C.J.1. This is an application under Section 29 (3), Orissa Agricultural Income-tax Act asking that we should require the Revenue Commissioner to state a case to this Court for its decision in the following circumstance. The petitioner was assessed to agricultural income-tax for the assessment year 1949-50, the accounting year being the previous year, viz., 1948-49. The petitioner contends that the assessment is illegal on various grounds, of which only the following three, to be presently stated, are pressed before us.2. The petitioner is the Zamindar of Himgir estate which formed part of the independent State of Gangpur. Gangpur State became integrated with the Province of Orissa along with a number of other States, since 1-1-1948. From that date this State and other integrated States were being administered by the Government of Orissa under Administration of Orissa States Order. The Orissa Agricultural Income-tax Act of 1947 was extended to the integrated Orissa State...
Sheobalak Misra and ors. Vs. Suraj Prasad and ors.
Court: Orissa
Decided on: Aug-18-1952
Reported in: AIR1953Ori17; 18(1952)CLT362
Panigrahi, J.1. These three appeals arise out of a suit for redemption brought by the heirs and representatives of one Dhunilal Tewari of Jharsuguda in Sambalpur district, who died on the 3rd June 1934 leaving his widow Mst. Rajarani as his heir to the suit properties. She died issueless a few months later in the year 1935. In 1936, Dhunilal's brother, Lalita Prasad Tewari, filed Title Suit No. 38 of 1936, in the Court of the Subordinate Judge, Sambalpur, against the defendants in the present suit and Durga Prasad Misra (since deceased), alleging that they were in wrongful possession of the suit lands and praying for a declaration of their title to and recovery of possession of the suit lands as well as some other lands from the defendant.The allegation made by him in the plaint was that the defendants had trespassed on the suit lands subsequent to the death of Mst. Rajarani and were liable to be ejected. The plea of the defendants was that Dhunilal had borrowed a sum of Rs. 1000/- fro...
Bulei Barika Vs. Lokanath Muduli
Court: Orissa
Decided on: Aug-08-1952
Reported in: AIR1954Ori144; 19(1953)CLT382
ORDERMohapatra, J.1. This is a revision under Section 25, Provincial Small Cause Courts Act. Defendant 1 is the petitioner. The plaintiff had brought a suit for recovery of a sum of Rs. 185/-on a promissory note dated 18-5-50 on the allegation that defendant 1 executed the document. He (the plaintiff) had also made defendants 2 and 3 parties to the suit on the allegation that they were joint with defendant 1. Defendant 1 alone contested the suit. He had taken three points on contest: (i) that the suit is not maintainable as the plaintiff has not got himself registered as a money-lender; (ii) he denied the loan claimed and the execution of the promissory note; and (iii) that defendants 2 and 3 are separate, and as such, they are not bound.The learned Court below dismissed the suit against defendants 2 and 3 but decreed the suit against defendant 1 for recovery of a sum of Rs. 184/- with full costs.2. The learned advocate, appearing on behalf of the petitioner (defendant 1) takes up only...
Manjula Manjari Dei Vs. M.C. Pradhan, Director of Public Instruction
Court: Orissa
Decided on: Aug-08-1952
Reported in: AIR1952Ori344
Panigrahi, J. 1. The petitioner is the proprietrix of a firm of publishers known as Mahaprasad Brothers who published an Oriya book known as 'AMA ITIHASA GAPA' which was prescribed as a text-book for Class IV in the Schools of Orissa. This book was in the list of approved text-books published by the Director of Public Instruction, Orissa, and was recommended as a suitable text-book for Class IV for the year 1951-52. For the next year, namely 1952-53, a fresh list of approved text books was published by the Director of Public Instruction in which the above publication did not find a place. The petitioner's grievance is that she sustained a loss of about Rs. 4,000/-as, by the omission of her publication from the approved list, 7000 copies of the same remained unsold. She has therefore applied, under Article 226 of the Constitution of India, praying for the issuances of a writ in th? nature of mandamus or certiorari against the Director of Public Instruction, Orissa, directing that office...
S.S. Roy and anr. Vs. the State and anr.
Court: Orissa
Decided on: Aug-06-1952
Reported in: AIR1953Ori266
Jagannadha Das, C.J.1. This is an application for leave to appeal to the Supreme Court against the judgment and order of this Court in Original Criminal Misc. Cases Nos. 11/51 and 14/51 both of which were dealt with by this Court by a common order. By the said order the two petitioners, viz., Sri S. S. Roy, then Magistrate, 1st Class, Cuttack, and Sri Sankar Charan Sahu, then Sub-Inspector of Police, Cuttack, were adjudged guilty of contempt of Court and sentenced to pay a fine of Rs. 100/-and Rs. 50/- respectively. An objection was taken in the course of the argument that as against the order of the High Court adjudging any person to have committed contempt and sentencing him to punishment, no appeal lies or at any rate that the High Court has no power to grant leave to appeal. This objection will be dealt with towards the close of this order and after dealing with the other contentions that have been raised on the merits of the application. To understand those contentions correctly, ...
- ‹ Prev
- Next ›