Orissa Court July 1961 Judgments
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Miss Sailabala Das Vs. Jitendra Kumar Hazra and ors.
Court: Orissa
Decided on: Jul-31-1961
Reported in: AIR1962Ori74
Barman, J.1. This is the plaintiff's first appeal from, a decision of the learned Additional Subordinate Judge, Cuttack whereby he dismissed the plaintiff's suit for a declaration that she is the absolute owner in respect of certain Cash Certificates and Fixed Deposit Accounts mentioned in the plaint and that the defendants 1, 2 and 3 are mere benamidars of the plaintiff in respect of the same, in the circumstances hereinafter stated,2. The facts are few and sample; the plaintiff Miss Sailabala Das,--a social worker, aged 82 years at the time of the institution of the suit--is a resident of Cuttack Town. The defendant No. 1 Jitendra Kumar Hazra, is the plaintiffs brother and defendants 2 and 3 Ananda Kumar Hazra and Sudhangsu Kumar Hazra are the sons of defendant No, 1 Jitendra Kumar Hazra, all residents of Calcutta. The suit relates to two Fixed Deposit Accounts,--both in the United Bank of India Ltd., Cuttack Branch, defendant No. 4 (hereinafter referred to as the Bank), namely,--one...
Commissioner of Sales Tax Vs. Nilei Sahoo
Court: Orissa
Decided on: Jul-31-1961
Reported in: [1961]12STC728(Orissa)
R.L. Narasimham, C.J. 1. The following question of law has been referred to this Court by the learned Member, Additional Sales Tax Tribunal, under Section 24(1) of the Orissa Sales Tax Act:-Whether in the facts and circumstances of this case the Additional Tribunal is right in holding that the assessments for the quarters ending 30th September, 1952, and 31st December, 1952, are time-barred.2. The admitted facts are as follows. The opposite party who is a registered dealer was assessed to sales tax for the quarters ending 30th September, 1952, and 31st December, 1952, under Sub-sections (2) and (4) of Section 12 of the Orissa Sales Tax Act. Subsequently, however, on receipt of some information regarding suppression of sales by the assessee, re-assessment proceedings under Sub-section (7) of Section 12 of the Act were started by the Sales Tax Authorities and notices were issued under that sub-section to the assessee calling upon him to submit further returns. The assessee appeared befor...
Commissioner of Sales Tax Vs. Ramakaran Agarwalla
Court: Orissa
Decided on: Jul-31-1961
Reported in: [1962]13STC407(Orissa)
Narasimham, C.J.1. The question of law referred to this Court by the Member, Sales Tax Tribunal, under Section 24(1) of the Orissa Sales Tax Act is as follows :-Whether the Tribunal has been right in holding that a second appeal lies to the Tribunal against the orders of summary rejection passed by the first appellate authority for the reasons that the first appeals were not entertainable.2. The opposite party was assessed to sales tax by the Sales Tax Officer by his order dated 24th September, 1957. The assessee preferred a first appeal in the prescribed form, but some defects were noticed by the office of the appellate authority and he was given seven days time to remedy the defects. The assessee received notice on the 2nd September, 1958, but did not rectify the defects within the prescribed time. Thereupon the appellate authority, namely, the Assistant Commissioner, by his order dated 30th September, 1959, summarily rejected his appeal under Rule 49 of the Orissa Sales Tax Rules. T...
The State Vs. Awoo Bewa
Court: Orissa
Decided on: Jul-28-1961
Reported in: 1961CriLJ878
ORDERR.L. Narasimham, C.J.1. This is an application under Section 561-A of the Criminal Procedure Code for expunging some observations contained in the judgment of the Assistant Session's Judge, Keonjhar, dated 2nd December, I960, in Sessions Trial' No. 27/12K of 1960.2. The opposite party Awoo Bewa lodged an Information on the 16th January 1960 at Keoujhar Sadar Police Station, alleging that two person's named Nakul Nayak and Bipin Nayak had murdered her husband. The Police, after due investigation submitted a final report on the 8th March, 1960 to the Sub-divisional Magistrate with the following remarks:The case is intentionally false under Section 302 I.P.C.P. R. follows. The learned Sub-divisional Magistrate, Keonjhar Sadar, on 18th March, 1960, made the following endorsement on the above Police Report:Case under Section 302 I.P.C. intentionally false. Sd. Illegible.18-3-60.Then, the officer-in-charge, Keonjhar Sadar P. S. filed a regular complaint on the 25th April, 1960, against ...
Hajee Sheikh Ali Mohammed and ors. Vs. Mohemmed Yusuf
Court: Orissa
Decided on: Jul-19-1961
Reported in: AIR1962Ori111
S. Barman, J.1. The plaintiffs are the appellants,--in this Second Appeal,--from a confirming decision of the learned Additional Subordinate Judge of Cuttack, whereby he affirmed a decision of the learned Munaif, Cuttack and dismissed the plaintiffs' suit for permanent injunction restraining the defendants from interfering with the management of Oriya Bazar mosque in Cuttack town, arising out of the disputed question of the Mutwalliship, in respect of the said mosque, which admittedly, is a public mosque, in the circumstances hereinafter stated.2. The plaintiffs are members of Mahomedan community, calling themselves managing committee for management of the said mosque, stated to have been elected by the general public of Oriya Bazar in Cuttack Town, for the purpose of looking after the said mosque which is said to be the only mosque in the locality. The defendant No. 1 is the son of defendant No. 2, who died during the pendency of this litigation; thus the defendant No. 1 is the only s...
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