Orissa Court August 1961 Judgments
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Sadasiba Panda Vs. Bansidhar Sahu
Court: Orissa
Decided on: Aug-31-1961
Reported in: AIR1962Ori115; 28(1962)CLT55
J.K. Misra, J. 1. This second appeal is against the reversing judgment of the appellate court setting aside the decree passed in the plaintiff's favour for damages at an amount of Rs. 25/-. There was a criminal case (case No. 80/1955-56) filed by one Brundaban Panda against the plaintiff before the local Adalati Panchayat. The Adalati Panchayat asked the defendant to make an enquiry and report on the said case. The defendant filed his report Ext. 4 in which he stated as to what he had found out during the enquiry, and he further stated in that report that the plaintiff was a man of goonda class. The plaintiffs case was that the defendant did not at all make any such enquiry as reported by him in Ext. 4: that the complainant in Criminal Case No. 80 had lodged the case falsely against him at the defendant's instance; and that the defendant's observation in Ext. 4 that the plaintiff was a man of goonda class amounted to defamation of the plaintiff.The plaintiff claimed Rs. 150/- towards d...
State of Orissa Vs. Ram Chandra Choudhury.
Court: Orissa
Decided on: Aug-16-1961
Reported in: [1962]46ITR246(Orissa)
NARASIMHAM C.J. - The question referred to this court by the Member, Agricultural Income-tax Tribunal, Orissa, is as follows :'Whether on the facts and circumstances of this case the Tribunal is right in holding that income from milk derived from milch cows maintained by the opposite parties is not agricultural income so as to be assessed to income-tax under the Agricultural Income-tax Act, 1947.'The learned member of the Tribunal himself pointed out that this question is completely covered by a recent decision of the Supreme Court in Commissioner of Income-tax v. Raja Benoy Kumar Sahas Roy. He need not, therefore, have made a reference to this court as the law laid down by the Supreme Court is binding on everyone.The aforesaid question has been discussed in paragraphs 98 and 99 (page 789) of the aforesaid Supreme Court judgment. Their Lordships examined whether the expression 'agriculture' can be extended to activities in relation to land or having connection with land such as rearing...
Alluru Pappayamma Vs. U.V. Rama Raju
Court: Orissa
Decided on: Aug-09-1961
Reported in: AIR1962Ori69
Narasimham, C.J. 1. These two appeals arise out of one judgment passed by our learned brother Misra J. in M. As. 76 and 77 of 1957 which arose out of an order passed by the District Judge of Jeypore in two miscellaneous cases, M. J. C. 36 of 1955 and M. J. C. 5 of 1956 in the course of an execution, proceeding (Execution case No, 6 of 1954).2. The respondent brought a suit for recovery of a sum of Rs. 4500/- together with interest (Suit No. 1 of 1952) against the appellant's husband Alluri Rangaraju (who was defendant No. 1) and who was the executant of the handnote. The appellant was impleaded as defendant 2 and her sons were impleaded as defendants 3 to 5 in that case. There was also a prayer that in respect of the properties described in the plaint schedule a charge might be created in favour of the plaintiff in respect of the sum found due from the defendants. From the judgment of the District Judge it appears that those properties were admitted to be in possession of the appellant...
Gour Chandra Rout and anr. Vs. Public Prosecutor
Court: Orissa
Decided on: Aug-07-1961
Reported in: AIR1962Ori197
S. Barman, J.1. The Editor and Printer and Publisher of the 'Matrubhumi',--an Oriya Daily newspaper published from their office in Cuttack Town,-- are the appellants in the Criminal Appeal against an order of conviction and sentence passed by the learned Sessions Judge, Cuttack Dhenkanal on a certain charge of defamation, alleged to have been committed against the Governor of Orissa, Sri Y.N. Sukthanker in respect of his conduct in the discharge of his public functions, during the ministerial crisis in the State in May, 1958. The Criminal Revision,--which was directed to be heard analogously with the Criminal Appeal,--was filed by the State of Orissa for enhancement of the sentences on the said Editor and Printer and Publisher, who are opposite parties in the Criminal Revision.2. The genesis of the prosecution of the accused appellants herein is the alleged defamatory statement published in the news item of the 'Matrubhumi' on May 31, 1958 under the caption. 'Bharatar Rajnaitik Dala So...
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