Orissa Court December 1958 Judgments
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Sashimukhi Dasiani Vs. Brundaban Das and ors.
Court: Orissa
Decided on: Dec-23-1958
Reported in: AIR1959Ori132
P.V. Balakrishnarao, J.1. The plaintiff in a suit for maintenance files this appeal against the judgment and decree of Sri B. Misra, Additional Subordinate Judge, Sambalpur, dismissing her suit.2. The plaintiff filed the suit for maintenance against her husband defendant No. 1 and father-in-law defendant No. 4 defendants 2 and 3 being the sons of defendant No. 1 by a second wife. The plaintiff, according to her case, married defendant No. 1 in the year 1936. The Bandapana or nuptial marriage was in 1938 and since that time she lived as the wife of defendant No. 1 in. his house, which jointly belongs to the defendants. Her case in the plaint is that Defendants 1 and 4 ill-treated her since some time after the Bandapana and ultimately took off all the ornaments from her person and drove her out of the house on 28-9-41.No details of the ill-treatment were given in the plaint, but it is only stated that the ill-treatment meted out to the plaintiff went up to such a high pitch that her life...
Bhimji Mauji Vs. Dhirajlal Panjiban Thakar and anr.
Court: Orissa
Decided on: Dec-23-1958
Reported in: AIR1959Ori204
S. Barman, J.1. The defendant No. 2 is the sole appellant from the judgment of the Additional District Judge, Puri confirming the decision of the learned Subordinate Judge, Puri, who passed a decree in favour of the plaintiff in a suit filed by him against the defendants for recovery of certain amount advanced to the defendants on a hand-note purported to have been executed by the appellant-defendant No. 2 for the purpose of completing construction of portions of a Cinema House called Mohan Talkies at Jatni.2. The plaintiff's case is, as appears from records,, that he lent to the defendant No. 2 a sum of Rs. 3,259/- in cash on June 15, 1947 and that the defendant No. 2 had executed a hand-note promising to repay the loan on demand with interest at 12 per cent. per annum. The hand-note (Ext. 1) is, however silent about interest : -- far less that the interest was payable at the rate of 12 per cent. per annum as alleged in paragraph 2 of the plaint. The defendants not having paid the amo...
Sailendra Narayan Bhanja Deo Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Dec-19-1958
Reported in: AIR1959Ori185; [1959]36ITR94(Orissa)
P.V.B. Rao, J.1. The Income Tax Appellate Tribunal, Calcutta Bench, referred the following question to this Court for opinion under Section 66(1) of the Indian Income-Tax Act:'Whether in the circumstances of the case, the assessee was entitled to a rebate on the entire sum of Rs. 10,000/- paid to an institution approved under Section 15-B of the Indian Income-tax Act and not on Rs. 1754/- deemed to be the proportionate amount paid out of non-agricultural income'.2. From the statement of the case submitted by the Appellate Tribunal, it appears that the appeal before them pertained to the assessment year 1953-54 the relevant previous year being the financial year 1952-53. The petitioner assessee derived agricultural and non-agricultural income. He maintained one composite cash book for his agricultural as well as non-agricultural receipts and disbursements. The agricultural income was found by the Income-tax Officer to be about Rs. 5,00,000/- and the non-agricultural income about Rs. 91,...
Ashutosh Roy Vs. the State
Court: Orissa
Decided on: Dec-09-1958
Reported in: AIR1959Ori159; 1959CriLJ1197
R.L. Narasimham, C.J. 1. Criminal Revision No. 229 of 1957 arises out of the appellate judgment of the Additional Sessions Judge of Balasore, maintaining the conviction of the petitioner Ahutosh Rai (hereinafter referred to as the petitioner) under Section 409, I.P.C., but reducing the sentence passed on him by a First Class Magistrate of Balasore, from two years' rigorous imprisonment to three months' simple imprisonment. The learned Magistrate further sentenced him to pay a fine of Rs. 1,000/- but the learned Sessions Judge enhanced it to Rs. 3000/-. Criminal Revision No. 269 of 1957 was filed by the State of Orissa for enhancement of the sentence on the ground that the reduction of the sentence by the Additional Sessions Judge was not justified. These two revision petitions were heard together and will be disposed of in one judgment. In view of the notice for enhancement of the sentence, the petitioner was allowed to argue against his conviction also and the revision petitions were ...
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