Orissa Court May 1961 Judgments
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Jogeswar Patel Vs. Ramnivas Agarwall and anr.
Court: Orissa
Decided on: May-12-1961
Reported in: AIR1962Ori52
S. Barman, J. 1. This is an appeal against an order of acquittal, passed by the learned Magistrate 1st Class Sambalpur, in Criminal Case No. C. 1.44 of 1959, whereby the learned Magistrate had acquitted the accused respondents of a charge under Section 482/483/486 Indian Penal Code for counterfeiting the trade marks used by the firm of the complainant appellant on Biris manufacured by them in the circumstances hereinafter stated.2. The appellant (hereinafter referred to as the complainant) is the manager of a firm known as Dr. S. Guha and Co., Desh Bandhu Biri 'Works' Sambalpur and carries on business on Bidi in packets of 25 and 500 each; the label on packets of 25 biris is the most distinctive and decorative for the purpose of identification of the origin of the goods; the said firm has been using the label since 1908 and as such their trade mark has been registered under the Trade Marks Act (Act VJ of 1940.In April 1958, the complainant got information, that spurious Biris bearing f...
Lucky Bidi Co. Vs. Secretary of State of Orissa (In Charge of Commerci ...
Court: Orissa
Decided on: May-11-1961
Reported in: AIR1962Ori90
Barman, J. 1. This is plaintiff-appellant Lucky Bidi Company's application under Article 133 of the Constitution of India for leave to appeal to the Supreme Court against the decision of a Division Bench of this Court in second appeal No. III of 1957,--setting aside the reversing decision of the learned District Judge, Sambalpur and upholding the decision of the learned Subordinate Judge Sambalpur, whereby he dismissed the suit of the plaintiff Lucky Bidi Company (petitioner herein). The prayers in this suit, which was dismissed were as fallows:- '(a) Decree for declaration that the assessment orders and notices of demand for payment of taxes levied on Messrs. Gohil Bidi Company for the quarters ending 31-12-48 and 31-3-49 when the plaintiff Lucky Bidi Company was not even formed and which are now sought to be realised from the plaintiff in Revenue case No. 4/5, 97 of 1952-53 of the Court of the Additional Tahasildar, Sambalpur, are altogether without jurisdiction, unwarranted by law a...
State of Orissa Vs. Ganesh Prasad Dutta
Court: Orissa
Decided on: May-11-1961
Reported in: 1962CriLJ658
S. Barman, J.1. This is an appeal from an order of acquittal passed by the learned Magistrate, 1st Class Balasore, whereby he acquitted the accused respondent of a charge of alleged criminal breach of trust, as a public servant, under Section 409, Indian Penal Code.2. The relevant facts, shortly stated, are these-In the year 1948 when Balasore was under Cuttack Judge-ship, the then District Judge by his order dated April 17, 1948 appointed the Nazir, Munsifs Court, Bhadrak, as Receiver in Insolvency case No. 6-B of 1946; since then whoever was Nazir of the said Court was Receiver; the accused respondent, who was a stenographer of the Additional District Judge, Balasore was appointed Nazir of Munsif's Court, Bliadrak and in the said capacity was the Nazir till February 16, 1957, when he handed over charge of his office as Nazir to his successor one Brajasundar Pati, consequent upon his transfer to Balasore, In course of his term of office as Nazir, the accused respondent sold certain pr...
State of Orissa Vs. P.C. Chanda
Court: Orissa
Decided on: May-10-1961
Reported in: AIR1962Ori91
Narasimham, C.J. 1. This is an appeal by the State of Orissa against the judgment of the Subordinate Judge of [Puri refusing to set aside an awardl dated 27th April 1956 and passing a judgment and decree in terms of that award in favour of the respondent2. The respondent was a contractor who agreed to construct four bridges on the Lewis Road in Bhubaneswar for a lump sum contract of Rs. 7,58,000/-. The terms of the contract were put in writing (See Ex. A). The length of the 4 bridges, as shown in the contract, is as follows : (i) Bridge over Gangua-520 ft.; (ii) Bridge at 2m-2140 ft-40 ft: (iii) Bridge at 2M-2715 ft-100 ft; and (iv) Bridge at 2M-4992 ft-100 ft Clause 7 of the Conditions of Contract authorises the Executive Engineer to make additions, omissions or variations to the works and further stipulates that for such additions omissions Or variations extra sums may be added or deducted from the amount of the contract 'at rates in accordance with the sanctioned schedule of rates i...
Commissioner of Sales Tax Vs. Bhima Palo
Court: Orissa
Decided on: May-04-1961
Reported in: [1961]12STC785(Orissa)
S. Barman, J. 1. The following questions of law have been referred to this Court for opinion by the Sales Tax Tribunal Orissa, under Section 24(1) of the Orissa Sales Tax Act, 1947 :(1) Whether Section 5(2)(a)(ii) [which is now Section 5(2) (A) (a) (ii)] of the Orissa Sales Tax Act, 1947, on the one hand and its proviso on the other hand are mutually exclusive in their applicability to a particular sale ?(2) If sales tax has been realised from the purchasing dealer, irrevocably, under due process of law, though under an erroneous view on the applicability of the proviso to Section 5(2)(a)(ii) of the Act, can the same sales tax be recovered over again from the selling dealer ; and will not such recovery amount to an abuse of the process of law?(3) In the facts and circumstances of the case was not the Tribunal justified in taking the declaration Ex. A into consideration under Clause (c) of Sub-rule (1) of Rule 61 of the Orissa Sales Tax Rules, 1947, as amended after the Amendment Act XX...
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