Orissa Court August 1959 Judgments
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Dambarudhar Das Vs. the State of Orissa and anr.
Court: Orissa
Decided on: Aug-12-1959
Reported in: AIR1960Ori62
Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution, by a permanent Government Servant in the Education Department of the Government of Orissa, who is now working as lecturer in Sanskrit and Oriya in Fakir Mohan College, Balasore. After working in various subordinate capacities he was posted to officiate as Principal, Purl Sanskrit College from 1-11-1944 on the scale of Rs. 144-7-200-40/2-400/- per month. He continued in that scale till the forenoon of 15-8-1947 when he was transferred as Superintendent of Sanskrit Studies which was a post in the junior branch of Class II of the Orissa Educational Service. Subsequently, on the recommendation of the Public Service Commission he was absorbed in that post. 2. While the petitioner was working as Principal, Sanskrit College Puri, the Director of Public Instruction -- as early as 22-3-1947 requested the Government to include that post in Class II of the Orissa Educational Service so as to enable him to appoint some o...
Hari Panda Vs. Gini Kambu and anr.
Court: Orissa
Decided on: Aug-11-1959
Reported in: AIR1961Ori8
ORDERS. Barman, J. 1. The plaintiff is the petitioner in this Civil Revision directed against an order of the learned Small Cause Court Judge, Berhampur, who passed a decree in favour of the plaintiff for Rs. 72/- plus interest but disallowed his claim for Rs. 216-14-0 on the basis of a promissory note D/- 3-11-1955 executed by the defendants in favour of the plaintiff for Rs. 180/-. Before the suit was filed, the plaintiff had served on the defendants a notice of demand to which however they sent no reply. The suit was accordingly filed in 1957 for recovery of the said sum of Rs. 215-14-0 on the basis of the promissory note as aforesaid. The defendants who are brothers, filed written statement in which they took the defence that while admitting the execution of the said promissory note, they received only Rs. 60/- for consideration and not Rs. 180/- which was mentioned in the said promissory note.2. At the trial before the learned Small Cause Court Judge, the plaintiff called two witn...
Raghunath Panda Vs. Election Officer, Gram Panchayat Election and anr.
Court: Orissa
Decided on: Aug-11-1959
Reported in: AIR1960Ori73; 26(1960)CLT19
G.C. Das, J.1. This is an application under Article 226 of the Constitution challenging the order of the ElectionOfficer, Gram Panchayat Elections, Aska Taluk in the district of Ganjam, rejecting the nomination paper of the petitioner lor election to the Gunthi-poda Gram Panchayat.2. The facts leading upto this application are these: The petitioner filed his nomination paper for contesting the election from Ward No. 2 to the aforesaid Gram Panchayat. Opposite Party No. 2, Bhagaban Swain during the scrutiny of the nomination papers objected to the candidature of the petitioner on the ground that he had been sentenced to imprisonment for a period exceeding three months under Sections 506 and 143 Indian Penal Code, in G. R. Case No. 9 of 1948 by the Special first class Magistrate, Aska. In fact the petitioner was convicted for a period of three months under Section 506 and for further period of one month under Section 143 of the Indian Penal Code.The Magistrate, however, while thus convic...
Ramanujadas Balakishandas Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Aug-03-1959
Reported in: [1959]10STC456(Orissa)
R.L. Narasimham, C.J.1. This is a petition under Article 226 of the Constitution by an assessee to sales tax against the order of the Member, Sales Tax Tribunal, dated 22nd April, 1958, dismissing his appeal for default.2. The petitioner was assessed to sales tax by the Sales Tax Officer, Patna Circle. His appeal against that assessment was dismissed by the Assistant Collector of Sales Tax, Sambalpur, on 20th May, 1954. Then he filed second appeals before the Member, Sales Tax Tribunal, and they were registered as Appeals Nos. 1083 and 1084 of 1957. Notice for the hearing of the appeals was served on the petitioner in accordance with Form No. XXV (prescribed under Rule 58 of the Orissa Sales Tax Rules, 1947). The material portion of the notice is as follows:-The above-noted appeal before the Tribunal against the order dated 20th May, 1954, of the A.C.S.T. Sambalpur in Case No. AA-657 of 1952 stands posted for hearing on 22nd April, 1958, at 10 A.M. in the Office of the Tribunal, at Cut...
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