Orissa Court April 1958 Judgments
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Draupadi Beherani and anr. Vs. Sambari Behera and ors.
Court: Orissa
Decided on: Apr-08-1958
Reported in: AIR1958Ori242
G.C. Das, J.1. This is an appeal by the plaintiffs against a reversing judgment of the learned Subordinate Judge of Berhampur dated 31-1-1953. The plaintiffs commenced an action for recovery of possession of certain lands with mesne profits. The disputed lands originally belonged to one Pandaba Behera who died in about 1925 leaving behind him his widow Draupadi, plaintiff-1 and son, Dukha. Dukha married one Rekha Beherani, defendant-2; On 11-9-1948, Dukha died leaving behind him his widow (defendant No. 2) and his mother, plaintiff No. 1.The plaintiffs case was that while Draupadi was still mourning the death of her son, she was prevailed upon by defendant-3, Benu Behera, totake his son Sombari Behera (defendant-1) in adoption, and got him married to her widowed daughter-in-law, defendant-2. It was further represented to her that in that event defendants 1 and 2 would be of considerable assistance to her in her old age. Plaintiff-1 fell a prey to these proposals and accordingly on 24-9...
Gour Nag Bhusan Vs. Ananta Sendh and ors.
Court: Orissa
Decided on: Apr-08-1958
Reported in: AIR1958Ori200
ORDERS. Barman, J. 1. These applications for revision under Section 115 of the Code of Civil Procedure are directed against an order of the 2nd Munsif,Cuttack, restoring Misc. Cases Nos, 210 and 239 of 1954 which were dismissed for non-prosecution. The learned Munsif heard these petitions under the provisions of Order 9, Rule 9 read with Section 151 of the Civil Procedure Code.2. The relevant facts, so far as necessary for the present purpose, are shortly these: The petitioner in the present revision petitions was an auction-purchaser of properties in Execution Case No. 286 of 1952 in the Court of the Munsif, Second Court, Cuttack. The opposite parties Nos. 1, 2 and 3 (hereinafter referred to as lis pendens purchasers) filed objections under Order 21, Rule 58 of the Code of Civil Procedure on the ground that they were purchasers during the pendency of the original suit and the said objections were dismissed. Thereafter, the lis pendens purchasers made an application being Misc. Case No...
Bharat Naik Vs. Assistant Registrar, Co-operative Societies and anr.
Court: Orissa
Decided on: Apr-07-1958
Reported in: AIR1958Ori217
R. L. Narasimham, C.J.1. These two O.J. Cs. were heard analogously and will be disposed of in one judgment as both of them involve a common constitutional question.2. By these two applications the constitutional validity of Section 133 of the Orissa Co-operative Societies Act 1951 (Orissa Act XI of 1952 -- hereinafter referred to as the Act) has been challenged. That Section reads as follows :'133: Legal practitioners shall not be entitled to represent parties in proceedings under the Act or the rules before any person other than the Registrar exercising the powers of Registrar, or any person subordinate to him or acting on his authority, an arbitrator or body of arbitrators, or a liquidator'. In O. J. C. No. 290 of 1956 a dispute under the said Act was pending before the Assistant Registrar of Co-operative Societies, Cuttack Circle, having, been transferred to his file by the Registrar. The applicant wanted to be represented in the proceeding through an Advocate, but the Assistant Reg...
Benudhar Dalai Vs. the State of Orissa
Court: Orissa
Decided on: Apr-04-1958
Reported in: AIR1958Ori197
R.L. Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution, against the order of the Board of Revenue dated 23-9-1955 in Estate Abolition Appeal Case No. 13 of 1955-56.2. The petitioner claimed to have obtained permanent lease of Survey Plot No. 132 having an area of 61 decimals and 97 decimals out of Survey Plot No. 133 in village Singla, appertaining to touzi No. 794, from the then proprietor of that touzi. When the touzi vested in the Government by virtue of the provision of the Orissa Estates Abolition Act, the Collector of Balsore in purported exercise of the powers conferred on him by Clause (i) of Section 5 of that Act annulled the lease on the ground that (i) it was in fact made after the vesting of the touzi in the Government and (2) it was made with a view to defeat the provisions of the Act.The petitioner appealed to the President, Board of Revenue who maintained the aforesaidfindings of the Collector and dismissed the appeal.3. Mr. Pal on behalf of th...
The Guru Estate Through Dwarikanath Guru and ors. Vs. Commissioner of ...
Court: Orissa
Decided on: Apr-01-1958
Reported in: AIR1959Ori53; [1958]34ITR656(Orissa)
R.L. Narasimham, C.J.1. These S. J. Cs were heard analogously at the special request of the parties and are dealt with in one judgment. They all arise out of the statements or two cases under Section 66(2) of the Indian Income Tax Act made by the Income-Tax Appellate Tribunal, in pursuance of the directions given in two Bench decisions of this Court in S. J. Cs Nos. 42, 43, 44 and 45 of 1954 and 6 of 1953. The parties are the same and the sole question for decision is whether the disputed income is exempt from income tax on the ground that it is income applicable only for public religious purposes.2. The petitioner-assessee is one of the important Pandas attached to the Temple of Lord Jagannath at Puri, Pilgrims from distant parts of India like the Punjab, Uttar Pradesh, Bihar, Rajasthan, etc., while coming to Puri used to take his services for the purpose of their pilgrimage and he used to lodge them and feed them freely during their stay at Puri..As soon as the pilgrimage was complet...
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