Orissa Court January 1959 Judgments
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Central Engineering Corporation Vs. Dorai Raj
Court: Orissa
Decided on: Jan-30-1959
Reported in: AIR1960Ori39
S. Barman, J.1. This is an appeal by the employer appellant under Section 30 of the Workmen's Compensation Act, 1923 (Act No. VIII of 1923) from an order of the Commissioner under the said Act, finding the employer-appellant liable to pay a compensation of Rs. 2,016/- to the workman who is the respondent in the present appeal.2. The facts shortly are these; On May 9 1954, the workman-respondent was a welder under the employer appellant, the Central Engineering Corporation, the then contractor for the Hirakud Dam project represented by the Executive Engingeer, Quarry Division, Hirakud Colony. On the date of the incident at about 5 A. M. the workman-respondent met with an accident, while he was welding two plates in the crusher by the side of the belt in the circumstances stated by him. The workman-respondent got two injuries one on the shoulder blade and the another on the left arm which was completely disabled.After having been given necessary first-aid as an out-door patient, he was a...
Nandram Hunatram Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Jan-28-1959
Reported in: AIR1960Ori83; [1959]37ITR500(Orissa)
P.V.B. Rao, J.1. The petitioner M/s. Nandram Hunatram files this petition under Section 66(3) of the Indian Income-tax Act, 1922 praying the Court to require the appellate, Tribunal to treat his application under Section 66(1) of the Act as made within the time allowed under subsection. (1).2. The petitioner filed an appeal before the Income-tax appellate Tribunal, Patna Bench, which was numbered as I.T.A. No. 8251 of 1953-54 relating to the assessment year 1948-49. The said appeal was dismissed on 3-5-55. The order of dismissal of the appeal was handed over to Mr. B.N. Mohanty, Advocate, who appeared and argued the appeal on behalf of the assessee-petitioner before the Tribunal, on 23.5.55, on which day also he happened to be at Puri, perhaps in some other case, where the Tribunal was sitting. Mr. B.N. Mohanty sent this order handed over to him by the Tribunal to the petitioner who received the same on 8-6-55. The petitioner filed an application under Section 66(1) before the Tribunal...
Kartik Das Vs. Ganeswar Acharya and ors.
Court: Orissa
Decided on: Jan-28-1959
Reported in: AIR1959Ori157
P.V.B. Rao, J. 1. Defendant No. 7 in the suit is the appellant before this Court. He files this appeal against the reversing judgment of Shri R.C. Misra, District Judge, Cuttack, decreeing the plaintiffs suit to set aside certain alienations. 2. One Dharmu Acharya died in 1944. His widow was Radhi. He had a son Uchhab who died prior to 1936 and his wife is Padma who is defendant No. 1 in the case. The plaintiff's case is that Uchhab, the husband of defendant No. 1, was attacked with serious type of rheumatism and lost all hopes of procreation; that consequently he adopted the plaintiff while the latter was about one year old; and that Uchhab predeceased his father some time after the adoption, in 1936 before the Hindu Women's Right to Property Act came into force. The plaintiff alleged that in 1941 Dharmu executed a will (Ext. 6) bequeathing all his ancestral and self-acquired properties in favour of the plaintiff and died in 1944 leaving behind him besides the plaintiff, his widow Rad...
Ganthia Bariha Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-20-1959
Reported in: AIR1959Ori166
Narasimham, C.J. 1. This is an application under Article 226 of the Constitution against the order dated 13-4-57 of the Member, Board of Revenue, Sambalpur setting asidethe order of the Additional Collector, Bolangir under the following circumstances:2. Petitioner's father Giridhari Bariha was the Jhankar (village watchman) of Tara village, P. S. Belpara in the District of Bolangir. The appointment and conditions of service of Jhankars in Bolangir district were regulated by the rules framed by the Patna State on 8-8-1942 in pursuance of Section 109 of the Patna State Land Revenue Act, 1940 which have been continued in force after the merger of Patna State with the old province of Orissa. Giridhari was convicted in a murder case (Sessions case No. 9-B of 1954) and sentenced to 14 years rigorous imprisonment by the Sessions Judge of Bolangir. Under Clause (c) of rule 5 of the said rules, he became ineligible for the post of village watchman after his conviction and the revenue authoritie...
RupnaraIn Singh Vs. State of Orissa Overruled
Court: Orissa
Decided on: Jan-20-1959
Reported in: AIR1959Ori167
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution by a Forester attached to the office of the Conservator of Forests, Baripada Circle, against an order (No. 3320/2F-123/54) dated 7-5-1955, reducing his pay to the lowest stage of Rs. 50/- in the scale of Rs. 50-2-70/- per month for a period of two years.2. From 1950 the petitioner was kept under suspension on various charges of misconduct but it is unnecessary to refer to them in this petition. It is sufficient to say that he was dismissed from service by the Divisional Forest Officer, Baripada Division, on 12-9-1950. But on appeal the Government of Orissa in their letter No. 19850, D-2. F/51-52 dated 20-11-1953, set aside the order of dismissal and directed the Divisional Forest Officer, Baripada, to draw up a fresh proceeding for discinlinary action in accordance with the rules.They further directed that he should be treated as under suspension till the proceedings were disposed of. In pursuance of this direc...
Marwari Cloth Supply Co. Vs. Commissioner of Income-tax, Bihar and Ori ...
Court: Orissa
Decided on: Jan-13-1959
Reported in: [1959]36ITR100(Orissa)
BALAKRISHNA RAO, J. - The Income-tax Appellate Tribunal, Patna Bench, of the Indian Income-tax Act :'(1) Whether, in the absence of enacting yearly Finance Acts by the Gangpur State, the levy of the tax made in the supplementary assessment dated June 27, 1953, can be made upon the income for the assessment yea 1946-47 ?(2) Whether the Income-tax Officer was competent to re-assess the income under section 23(4) read with section 34, in pursuance to section 7(1) of the taxation Laws (Extension to Merged States and Amendment) Act, 1949 ?'The relevant facts appearing from the statement of the case by the Tribunal are as follows :The assessee was a registered firm and was a resident in an Indian State, Gangpur State. The assessment year was 1946-47. The Indian Income-tax Act of 1922 with some modifications was adopted by the then existing feudatory State of Gangpur and came into force from 1st April, 1937. The Act was subject to certain rules made by the Gangpur State at the time when it wa...
Silla Chandra Sekharam Vs. Lalita Shahuani and anr.
Court: Orissa
Decided on: Jan-07-1959
Reported in: AIR1959Ori169
Narasimham, C.J.1. This is a plaintiff's appeal against the decision, of the Additional Subordinate Judge of Berhampur, partially decreeing his suit for specific performance of a contract for sale of a house situated in Berhampur Town. The house originally belonged to one Gopinath Sahu who died sometime in 1943 leaving a widow Lalita Shahuani (defendant No. 2) and a son named Ramchandra Sahu. On 21-2-1951, the said Ramchandra Sahu executed a registered deed of agreement (Ext. 1) agreeing to sell that house for Rs. 6000/- to the plaintiff within one year from that date and received an advance of Rs. 300/- in presence of the Sub-Registrar. It was alleged by the plaintiff that the said agreement was entered into by Ramchandra Sahu as manager of a Hindu joint family consisting of himself and his mother (defendant No. 2) that the sale of the house was for legal necessity, and that consequently it was binding on the interests of his mother also. His mother (defendant No. 2) however refused t...
Bidyadhar SwaIn and anr. Vs. Padmanath Singh Deo and ors.
Court: Orissa
Decided on: Jan-06-1959
Reported in: AIR1959Ori87
R.L. Narasimham, C.J. 1. These six second appeals arise out of appellate judgment of the Additional Subordinate Judge of Berhampur affirming the judgment of the Munsif of Aska in six title suits (Title Suits Nos. 146/51, 147/51, 148/51, 11/53, 12/53: and 42/53) which were heard analogously in the two lower Courts and disposed of in one judgment. These second appeals were also heard analogously and will be dealt within one judgment.2. The appellants are all contesting defendants against whom a decree for eviction was passed by the trial court and confirmed on appeal. The suit lands appertain to Survey No. 22/2 of village Olama within the former impartible estate of Dharakote in Ganjam district. The plaintiffs claimed the lands as the private (Hetta) lands of the Zamindar of Dharakote who granted ryoti pattas in their favour on 25-10-1947 after receiving valuable consideration. The contesting defendants, however, urged that the suit lands were not the Hetta lands of the Zamindar but were...
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