Orissa Court November 1963 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State of Orissa Vs. Birendra Kishore Sahu
Court: Orissa
Decided on: Nov-06-1963
Reported in: AIR1964Ori231; 29(1963)CLT657; 1964CriLJ565
R.K. Das, J.1. This is an appeal by the State of Orissa against an order dated 9-2-63 passed by the Sub-Divisional Magistrate, Athgarh, acquitting the respondent under Section 247, Cr. P.C., on account of the absence of the complainant on the date of hearing.2. The Inspector of Supplies, Athgarh, filed a prosecution report against the respondent alleging that he had contravened Section 8 of the Rice Milling Industry (Regulation) Act, 1958, for having installed a Hullar without obtaining prior licence for the same, and had thus made himself liable under Section 13 of the said Act. This report was received by the Sub-Divisional Magistrate on 1-12-1962 and cognizance of the offence was taken on 10-12-1962, and the accused was summoned to appear on 5-1-1963 to stand his trial. As the service return was not been by 5-1-1963, the case was reposted to 23-1-1963 on which date the accused appeared. The substance of the accusation was explained to him and the accused pleaded not guilty and claim...
Gundicha Padhano and anr. Vs. Parvati Podhanuni and ors.
Court: Orissa
Decided on: Nov-05-1963
Reported in: AIR1964Ori107; 30(1964)CLT262
G.K. Misra, J. 1. Judgment-debtors are the appellants. In T. M. Section 181 of 1949 in the Courtof the Munsif, Berhampur, final mortgage decree was passed on 28-8-1954. The decree was transferred in favour of one Kalu Podhan by an assignment in writing. The transferee-decree-holder exe-cuted the decree in E. P. 89 of 1955. On hisdeath his legal representatives were substituted. Some of the transferor decree-holders filed an objection in that execution proceeding against the genuineness and the validity of the transfer. Payment of consideration under the deed of transfer was challenged. It was also asserted that theoriginal decree-holders were Konds (aboriginals --hill tribes) and that deceased Kalu Podhan, who was looking after T. M. S. 181/1949, might have utilised some blank papers containing their signatures and thumb marks for the creation of thedeed of transfer without their knowledge and consent. Despite this objection, the transferee-decree-holders allowed the execution proceedi...
Rushi Naik Vs. the State
Court: Orissa
Decided on: Nov-04-1963
Reported in: AIR1964Ori71; 30(1964)CLT105; 1964CriLJ342
ORDERR.L. Narasimham, C.J.1. This is a revision against the appellate Judgment of the Additional Sessions Judge of Ganjam, maintaining the conviction of the petitioner under Section 325 I. P. C. and the sentence of two months' rigorous imprisonment passed on him by the Judicial Magistrate of Kodala.2. The allegation against the petitioner was that he intervened in a private quarrel between the females of his house and those of his co-villager named Kasinath Senapati (P. W. 1) on 27-6-1959 and assaulted the said Kasinath Senapati who is an old man aged 64 years. In the course of the assault, it is said, he gave fist blows on his mouth and also threw him on the ground. In consequence of this assault two of his teeth got dislocated and one of them actually fell on the ground. Kasinath sustained several injuries all over his body. He reported the matter to the village Karji, Gobardhan (P. W. 6) on the same day, and the latter prepared a report (Ext. 2) which was signed by Kasina'h Senapati...
Vysya Raju Badri Narayanamurthy Vs. Commissioner of Wealth Tax
Court: Orissa
Decided on: Nov-04-1963
Reported in: AIR1964Ori128; 30(1964)CLT299; [1965]56ITR298(Orissa)
Narasimham, C. J. In these three references under Section 27(1) of the Wealth Tax Act 1957, the main question for consideration is the constitutional validity of the Wealth Tax Act (hereinafter referred to as the Act). In reference No. 42 of 1962 which deals with assessment to Wealth Tax for the year 1957-58 the further question for decision by this Court is whether the Act could have limited retrospective effect so as to apply to the wealth of an assessee for the previous year. 2. The Act was passed by Parliament and brought into force with effect from 1-4-1957. The statement of Objects and Reasons (see Gazette of India Extraordinary dated 28th March 1957, Part II, Section 2, page 132) reveals that the object of the Act is to impose an annual tax on the net wealth of individuals, Hindu Undivided families and companies. 'The Wealth Tax is an important constituent of an integrated tax structure which the Government have been aiming at for sometime and it is consistent with the avowed go...
- ‹ Prev
- 1
- Next ›