Orissa Court February 1961 Judgments
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Sadhya Chandra Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-28-1961
Reported in: AIR1962Ori123
ORDERS. Barman, J.1. The plaintiff is the petitioner in this Civil Revision, directed against an order of the learned Munsif, Berhampur, whereby he directed that the plaintiff shall value the suit land at Rs. 1000/- and pay proper Court fee after deducting the fees already paid.2. The only point for consideration in this Civil Revision is whether the case comes under Section 7(iv)(c) or Section 7(xi) (d) or (e) of the Court-fees Act, 1870 (Act VII of 1870). The settled legal position for determination of such question is that it is the real nature and substance of the plaint in the suit and not merely the form which has to be carefully considered by Courtin this context. The Court must take care not to be misled by dexterity or skill of draftsmanship of the pleading but must always go deeper in order to scrutinise what is the real nature of the suit; if really the real purpose behind the suit is to finally adjudicate the question of title involved particularly as against the third part...
Keshab Sahu Vs. Dasaratha Sahu and ors.
Court: Orissa
Decided on: Feb-28-1961
Reported in: AIR1961Ori154
S. Barman, J. 1. The question, -- whether the plaintiff has an easement right of privacy in respect of his house, against a two-storeyed building of the adjoining owners (defendants), who recently constructed the second storey, with four windows and also a balcony, all overlooking the backyard of the petitioner's house, -- is the only point involved, in this second appeal, filed by the plaintiff, from a confirming decision of the learned District Judge of Bolangir whereby he affirmed a decision of the learned Munsif, Sonepur and dismissed the plaintiff's suit inter alia for mandatory injunction, for demolishing the balcony and closing the windows of the defendants' building, declaration of title, possession as prayed for in the plaint.2. The parties are relations, belonging to the same family; under a certain partition, the plaintiff and the defendants were allotted their respective shares and they came to be and remained in possession thereof accordingly. The plaintiffs house includin...
Sreelal Agarwalla Vs. the State of Orissa and anr.
Court: Orissa
Decided on: Feb-23-1961
Reported in: [1962]13STC446(Orissa)
R.L. Narasimham, C.J.1. The following two questions have been referred to this Court by the Member, Board of Revenue, Orissa, under Section 24(1) of the Orissa Sales Tax Act:(1) Whether in the facts and circumstances of the case, the petitioner is a 'dealer' within the meaning of Section 2(c) of the Orissa Sales Tax Act, 1947, in respect of the supply of second-hand gunny bags to Messrs Orissa Cement Ltd.(2) Whether in the facts and circumstances of the case and on the construction of the agreement of agency, the petitioner's purchase of second-hand empty gunny bags from the Hirakud Dam Project Authorities and subsequently supplied to Orissa Cement Ltd., amount to 'sale' within the meaning of the Orissa Sales Tax Act, 1947, so as to attract the liability of the petitioner under the Act.2. During the year 1952-53 Messrs Orissa Cement Ltd., Rajgangpur, (hereinafter referred to as Orissa Cement) used to supply cement to Hirakud Dam Project Authorities (hereinafter referred to as the Proje...
Narayan Padhan Vs. Dharanidhar Das and ors.
Court: Orissa
Decided on: Feb-07-1961
Reported in: 1961CriLJ521
R.K. Das, J.1 to 5. (After narrating the facts his Lordship proceeded) - Mr. Sahu appearing on behalf of the complainant-appellant, however, contended before me that a local inspection having already been directed by the predecessor of the learned trying Magistrate, he is incompetent and has no jurisdiction to revise the order of his predecessor and he was bound under the law to make the local inspection whether the parties pressed for it or not. It would appear from the order-sheet D/- 15-2-1960 that the complainant filed an application for a local inspection and ultimately by an order dated 29-2-1960 Sri M. M. Mohanty, the then learned trying Magistrate, directed local inspection to be held on 20-3-1960, and it was also further ordered that the arguments would be taken upon 23-3-60 after the local inspection is made.Fran the order-sheet dated 23-3-60 passed by Sri M. M. Mohanty it appears that the lawyers of both parties did not accompany him on 20-3-60 for local inspection. So he re...
Orient Weaving Mills Ltd. Vs. Superintendent Central Excise and ors.
Court: Orissa
Decided on: Feb-01-1961
Reported in: AIR1961Ori186
Narasimham, C.J. 1. This is an application under Article 226 of the Constitution against (1) the Superintendent of Central Excise, Cuttack (2) the Assistant Collector of Central Excise, Puri and (3) the President of the Board of Directors of Madhunagar, Power-loom Weavers' Co-operative Society Ltd. The main prayer in this application is for a declaration that Notification No. 74 of 1959 dated the 31st July 1959 issued by the Government of India in the Ministry Of Finance (Department of Revenue) in pursuance of Sub-rule (1) of Rule 8 of the Central Excises Rules 1944 was ultra vires and for a direction on the two officials of Central Excise Department, namely opposite parties 1 and 2 not to carry it into effect. 2. The Central Excises and Salt Act of 1944 is a pre-Constitution Act by which the Central Legislature consolidated and amended the law relating to Central duties of Excise and Salt, The goods on which Central Excise duty was payable were described in the First Schedule to that ...
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