Orissa Court January 1961 Judgments
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Commissioner of Sales Tax Vs. Kaluram Narasingh Das
Court: Orissa
Decided on: Jan-23-1961
Reported in: [1961]12STC391(Orissa)
R.L. Narasimham, C.J. 1. This is a reference under Section 24(1) of the Orissa Sales Tax Act made by the Member, Orissa Sales Tax Tribunal, and the question formulated for the decision of this Court is:Whether item no. 20 in the schedule to Government notification no. 11689-F. dated 8th August, 1951, covers individual retail sales of small lengths of handloom yardage cloth whose price does not exceed Rs. 10 a piece, which are cut out at the time of sale from a piece of such cloth, commonly known as 'than' the price of which exceeds Rs. 10 per piece.2. Item 20 of the notification in question is as follows :'Sl. no. Description of goods. Conditions S- exceptions subject towhich exemption has been allowed. 20. Handloom woven cotton or silk cloth of all kindswhere the price does not exceed Rs. 10 a piece.'3. The notification does not expressly say that cotton cloth cut from a bigger piece if the price of the bigger piece exceeds Rs. 10 will be outside the scope of the exemption. On the oth...
B.G. Rao Patnaik Vs. the State
Court: Orissa
Decided on: Jan-20-1961
Reported in: 1962CriLJ61
ORDERR.L. Narasimham, C.J.1. This is a petition under Section 526, Cri.P.C. by an I.A.S. Officer under suspension for the transfer of a criminal case pending against him before the Special Judge (Sessions) Bolangir. Kalahandi, for offences under Section 5 of the Prevention of Corruption Act and Section 165, Indian Penal Code.2. The petitioner was serving as District Magistrate of Kalahandi in 1959. He was transferred as Deputy Secretary in the Secretariat and then, on the 13th October 1959 an information was lodged against him at Bhowanipatna Police Station, charging him with various acts of criminal misconduct committed by him while serving as District Magistrate of Kalahandi. After the investigation the sanction of the Ministry of Home Affairs at New Delhi was obtained on the 11th October 1960, for his prosecution for an offence under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act That case is pending now in the Court of the Special Judge (Sessions Judge) ...
Ramnarayan Singh Vs. Kubera Sahu
Court: Orissa
Decided on: Jan-19-1961
Reported in: AIR1962Ori100
S.P. Mohapatra, J. 1. The plaintiff has brought this second appeal against the reversing judgment of the lower appellate Court arising out of a suit for declaration of title and for recovery of possession. The plaintiff is the recorded tenant in respect of Khata No. 13 and the disputed land appertains to plot No. 1156 with an area of Order 12 of the said khata of the village Kandajuri. The allegation of the plaintiff is that the defendant constructed a house on the disputed land on 7th May 1943 which serves as the cause of action for the suit for ejectment. The relevant point for discussion before us is the point of limitation. The suit was filed on 19th December 1956. Indeed the suit is barred under Article 144 of the Indian Limitation Act. B the relevant facts necessary to bring the point are as follows:On 18th April 1945 the plaintiff filed his case in the Revenue Court under the provisions of Section 85 of the Patna State Tenancy Act, 1944. The matter was heard; but the Sub-divisio...
Ch. Narasingha Murty and ors. Vs. Director of Posts and Telegraphs
Court: Orissa
Decided on: Jan-18-1961
Reported in: AIR1962Ori20
Narasimham, C.J. 1. All these four O. J. Cs. were heard analogously and will be disposed of by one judgment. 2. The petitioners are all permanent telegraphists of the Telegraph branch of the Posts and Telegraphs Department, having been transferred to that branch from the Postal Branch where they had been formerly working for some years. After passing the necessary examinations, they were absorbed on permanent basis as telegraphists in the Telegraphs arm of the Posts and Telegraph, Dept. with effect from the 1st October 1958, but in fixing their seniority amongst the telegraphists in the new cadre the Director of Posts and Tele. graphs, Orissa Circle (opp. party)--in his communication No. Staff N/51 dated the 3rd November 1959 placed them below the former temporary telegraphists of the Telegraphs arm who were also confirmed on the same date as telegraphists. The petitioners felt aggrieved by the aforesaid fixation of their seniority on the ground that they should have been shown as seni...
Sadananda Sahu Vs. State of Orissa
Court: Orissa
Decided on: Jan-18-1961
Reported in: AIR1962Ori102
Mohapatra, J. 1. This Civil Revision under Section 115 of the C. p. c. has been filed by the plaintiff against an order dated 16th March, 1960 of the Subordinate Judge of Berhampur, demanding the plaintiff to pay court-fee under Section 7(iv)(c) of the Court-fees Act. The plaintiff paid court-fee of Rs. 22/8 on the basis that it is a suit for partition only. The value of the share of the plaintiff in respect of the suit properties is put at Rs. 8100/- 2. The plaintiff and defendant No. 1 are brothers. Defendant No. 2 is the wife of defendant No. 1. Defendant No. 3 is the brother of defendant No. 2. Defendant No. 4 is the mother of the plaintiff and defendant No. 1. Narayan Sahu, the father of the plaintiff and defendant No. 1, died only 9 years ago leaving behind him his widow, defendant No. 4, and the two sons, the plaintiff and defendant No. 1. He had left vast landed properties and two houses which form the subject matter of the present suit. The plaintiff claims partition in respec...
Afzar Ali Baig Vs. the State
Court: Orissa
Decided on: Jan-16-1961
Reported in: AIR1961Ori174; 1961CriLJ658
ORDERR.l. Narasimham, C.J.1. This is a revision against the appellate judgment of the Additional Sessions Judge of Cut-tack maintaining the conviction of the petitioner under Section 14 of the Foreigners Act 1946 and the sentence of three months rigorous imprisonment and a fine of Rs. 50/- passed by a First Class Magistrate, Cuttack.2. The petitioner was originally a resident of village Routrapur, Sadar P. S. in Cuttack district where his father Mohammad Ali Baig (D. W. 1) has a house and some lands. The said Mohmmad Ali Beig is working as a sorting postman in the Postal Department at Cuttack. The petitioner appears to have been born in village Routrapur on the 4th November 1935, He studied in Angul High School from 1943 to 1951. He failed in the Matriculation Examination and then left Orissa in September 1952 for Dacca in East Pakisthan where he managed to secure a job as a clerk in the General Post Office.Early in 1955 he applied for a visa for a trip to Orissa to sec the parents and...
Lingaraj Misra and ors. Vs. Bhubaneswar Mohapatra and ors.
Court: Orissa
Decided on: Jan-13-1961
Reported in: AIR1962Ori31
G.C. Das, J. 1. Defendants 2, 3, 6, 17, 20 and the legal representatives of defendant No. 1 filed this appeal against the judgment of the learned Additional District Judge, Cuttack dated 25-4-59, decreeing the plaintiff's suit. The plaintiffs accordingly were directed to be put in joint possession of the lands in suit with the defendants. Defendants 1 and 2 were directed to remove certain structures constructed by them on the suit lands.2. Plaintiffs in their representative capacity on behalf of the Brahmin Lakhrajdars of mouza Ichhabatipur Sasan filed a suit for declaration that they were entitled to joint possession with the defendants and prayed for a permanent injunction, and for a direction to the defendants to remove the structures, if any, over the suit lands within the stipulated period to be fixed by the Court. Defendants are also Brahmin Lakhrajdars of the same village. Thus, all the Brahmin Lakhirajdars of Ichhabatipur Sasan were jointly recorded in respect of 22 acres of la...
Ghasi Patra Vs. Brahma Thati
Court: Orissa
Decided on: Jan-11-1961
Reported in: AIR1962Ori35
ORDERJ.K. Misra, J.1. The opposite party, as plaintiff, filed a suit for recovery of Rs. 500/- as principal & Rs. 120/- as interest. His case was that the defendant executed a promissory note Ext. 1 in his favour and took a sum of Rs. 500/.-. The case of the defendant-petitioner was that he did not execute any pronote, nor took any money from the plaintiff; that one Dolamani Patra had brought a tenancy case against the defendant and the plaintiff's father jointly challenging certain transfer made by the defendant in favour of the plaintiff's father; that the said Dolamani got a decree in that revenue case, and thereupon :the plaintiff's father and the plaintiff induced the defendant to file an appeal against that decree; that the defendant expressing his unwillingness because of shortage of funds, the plaintiff induced him to sign a document, so that they (the plaintiff and his father) would contest the revenue case in the Appellate court, and the defendant would have to pay no expense...
Union of India (Uoi) Vs. Ch. Radhanath Nanda and anr.
Court: Orissa
Decided on: Jan-04-1961
Reported in: AIR1961Ori143
R.L. Narasimham, C.J.1. This is an appeal from the decision of the Additional Subordinate Judge of Cut-tack, setting aside an award given by an Arbitrator in a dispute between the parties.2. The plaintiff-respondent was a contractor who entered into the usual working Agreement (Ex. A) dated 14th August 1942 with the appellant for the construction of a landing ground and other structures at Charbatia in Cuttack District. Clause 25 of the Agreement contains the usual arbitration clause to the effect that any dispute between the parties in respect of the contract'shall be referred to the arbitration of the Superintending Engineer of the Circle for the time being in the manner provided by the law relating to arbitration for the time being in force who, after such investigation as he may think proper, shall deliver the award which shall be final, conclusive and binding on all the parties to the contract'.A dispute arose between the contractor and the Union of India regarding certain payment...
Ramesh Chandra Panigrahi and anr. Vs. Binayak Swain
Court: Orissa
Decided on: Jan-03-1961
Reported in: AIR1962Ori11
Mohapatra, J. 1. The legal representatives of the original plaintiff-decree-holder-purchaser have filed this Letters Patent Appeal against the judgment dated 3rd October 1958 of a single Judge of this High Court in Misc. Second Appeal No. 24 of 1958 arising out of restitution proceeding under Section 144 of the Civil Procedure Code.2. The chequered career of the case is interesting to he narrated. The original plaintiff brought Money Suit No. 500 of 1941 for recovery of a sum of Rs. 970/-. The suit was dismissed on 17th August 1942. The plaintiff filed an appeal before the District Judge of Ganjam against the aforesaid decree of dismissal, and the appeal was allowed on the 2nd March 1943. The defendant, therefore, appealed to the High Court, the second appeal being numbered as S. A. 100 of 1943 filed on 19th July 1943.The High Court by its judgment dated 11th November 1946 set aside the judgment and decree passed by the lower appellate Court and remanded the case to the lower appellate...
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