Orissa Court March 1959 Judgments
Bhupendra Kumar Bose Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-20-1959
Reported in: AIR1960Ori46
Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution for a declaration that the Orissa Municipal Elections Validation Ordinance 1959 (Orissa Ordinance No 1 of 1959) (hereinafter referred to as the Ordinance) is void and inoperative in its application to Cuttack Municipality and for a permanent injunction restraining the State of Orissa (opposite party No. 1) from enforcing the Ordinance and restraining opposite parties Nos. 2 to 28 from exercising their functions as Councillors, Chairman and Vice-Chairman as the case may be, of Cuttack Municipality. 2. The elections to Cuttack Municipality took place during the period from December, 1957 to March, 1958 and opposite parties 2 to 28 were dulydeclared elected as Municipal Councillors. Opposite party No. 3 Sri Manmohan Misra was elected Chairman and opposite party No. 15, Sri Mahendra Kumar Sahu was elected Vice Chairman of the said Municipality. The petitioner Sri Bhupendra Kumar Boss who was one of the defeated ca...
Tag this Judgment!Nemai Charan Das Vs. Sk. Makbul and ors.
Court: Orissa
Decided on: Mar-16-1959
Reported in: AIR1960Ori44
ORDERS. Barman, J. 1. The defendant is the petitioner in revision directed against an order of the learned Munsif, Kendrapara allowing; the plaintiff to continue the suit in forma pauperis. The plaintiff's suit was for declaration of title in respect of certain properties.2. The only question for consideration in this revision is whether the learned Munsif was justified in making the order allowing the respondent-opposite party being the plaintiff in suit, to continue the suit in forma pauperis. The facts are that there are four items of property alleged to belong to the plaintiff. The first item is movable worth Rs. 402/- the remaining item being immovable properties. It appears that the plaintiff had within four months after the institution of the suit had sold certain lands -- 63 decimals in area -- to his wife alleged to be benami, with regard to which the learned Munsif has not however given any finding that the plaintiff was not in possession thereof.The next item of property is ...
Tag this Judgment!J. Srirangam Brothers and ors. Vs. Sales Tax Officer
Court: Orissa
Decided on: Mar-13-1959
Reported in: [1959]10STC257(Orissa)
R.L. Narasimham, C.J.1. These eleven original jurisdiction cases involve the same questions of law and they were all heard together and will be disposed of in one judgment. The petitioners are all merchants of Berhampur town carrying on the business of selling gold and silver ornaments. They claim exemption from payment of sales tax in respect of the sales of some gold ornaments on the ground that they were manufacturers of those ornaments and that while selling the same they were charging separately for the value of gold and the cost of manufacture. The exemption was claimed by virtue of Notification No. 8728-C.T.-66/49 F dated the 1st July, 1949, of the Government of Orissa in the Finance Department issued in pursuance of Section 6 of the Orissa Sales Tax Act, 1947, exempting certain classes of sales from payment of sales tax. The item with which we are concerned in these petitions is item 33 of the said notification which is as follows :-33. Gold ornaments-When sold by the manufactu...
Tag this Judgment!The State Vs. Indra Padhan
Court: Orissa
Decided on: Mar-05-1959
Reported in: AIR1960Ori23; 1960CriLJ267
ORDERG.C. Das, J.1. This is an appeal by the State of Orissa against an order of Shri T. Misra, Magistrate 1st Class, Baudh, acquitting the respondent, Indra Padhan of a charge under Section 224, Indian Penal Code. The fact giving rise to the present appeal are these :2. There was a case of theft in village Mohakudpali as a result of which certain properties belonging to one Krutartha Meher were stolen which were found the following morning in possession of the respondent in village Karadi within the Police station of Boudh. The villagers of Karadi detained the respondent in their village and sent information to the Police Station of Boudh. The Officer-in-charge of the Boudh Police Station being otherwise busy, deputed P.W. 1, Arikhit Behera, constable No. 242 to village Karadi on September 28, 1957. P.W. 1 on his arrival took charge of the respondent along with another accused, Raghunath Behera then in custody of the Chowkidars P.Ws. 3 and 6. P.W. 1 with P.Ws. 3 and 6 thereafter start...
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