Orissa Court March 1963 Judgments
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Asok Kumar Pani Vs. the State and ors.
Court: Orissa
Decided on: Mar-27-1963
Reported in: AIR1963Ori173
Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution by an unsuccessful appellant for admission to one of the Medical Colleges in the State of Orissa for the academic year 1962-63.2. On the 8th June 1962 a notice was issued in the Orissa Gazette inviting applications from students having the necessary qualifications for admission to the Medical Colleges in the State of Orissa, the minimum qualification being I. Sc. or Pre-Professional Examination, with Physics, Chemistry and Biology as subjects. The candidates were also required to file their mark-sheets, showing the marks obtained by them in the said Examinations. It was further announced that the selection of candidates will be made on the basis of the marks obtained by them in the qualifying examination, i.e. I.Sc. or Pre-Professional Examination, or an Examination recognised as equivalent thereto by the Selection Board appointed by Government.3. The petitioner was one of the candidates who applied for a seat...
Narahari Behera and ors. Vs. the State and ors.
Court: Orissa
Decided on: Mar-26-1963
Reported in: AIR1963Ori170; 29(1963)CLT367
Narasimham, C.J.1. The four petitioners have challenged the validity of a Notification, No. 3364 dated the 22nd May, 1962, issued by the District Magistrate of Cuttack, removing them from membership of Bharigada Gram Panchayat on the ground that they failed to attend three consecutive meetings of the said Gram Panchayat. The District Magistrate issued this Notification in purported exercise &f; the powers conferred on him by Clause (b) of Rule 38-A of the Orissa Gram Panchayat Rules 1949 which reads as follows :'38-A. The District Magistrate may, by notification remove a member of a Grama Punchayat- (a) .....(b) if he absents himself without sufficient cause from three consecutive meetings of the Grama Punchayet.' 2. It was alleged in the petition that the petitioners were not given opportunity at any stage to show cause against their removal for their absence at three consecutive meetings, that no enquiry was held and that the order of the District Magistrate was based on the ex parte...
Amritlal Vs. Bajranglal Agarwalla
Court: Orissa
Decided on: Mar-23-1963
Reported in: 1963CriLJ474
R.L. Narasimham, C.J.1. This is a revision against the appellate judgment of the Sessions Judge of Sambalpur maintaining the conviction of the petitioner under Section 406, I. P. C, and the sentence of fine and imprisonment passed on him by a First Class Magistrate, Sambalpur.2. The petitioner and his father (since dead) are goldsmiths residing in Sambalpur town. The prosecution case was that on 5-9-1959 the complainant (property) Bajranglal Agarwala entrusted with them 10 bharis, 4 as and 5 rati of gold for the preparation of some ornaments. The petitioner and his father handed over to him a receipt (Ext. 1) in token of his having received the gold and also promised to get the ornaments prepared within fifteen days. It was alleged that they neither prepared the ornaments nor returned the gold. After giving evasive replies on several occasions ultimately the petitioner and his father denied even having received the gold. On these allegations the two lower Courts thought that as the rec...
Hari Sahu and anr. Vs. Smt. Makhi Dei
Court: Orissa
Decided on: Mar-22-1963
Reported in: 29(1963)CLT347; 1965CriLJ409
ORDERR.L. Narasimhan, C.J.1. This is a revision against the judgment of the Sub-divisional Magistrate, Bhadrak, convicting the two petitioners under Section 323, I.P.C. and Section 24 of the. Cattle Trespass Act and sentencing them to pay various amounts of fine. The trial was held summarily and the two following important questions of law were urged by Mr. Dhal in support of this revision petition:(i) The judgment was dictated by the learned Sub-Divisional Magistrate and typed by his stenographer and then signed by him. This would amount to a contravention of the mandatory provisions of Section 265(1), Cri.P.C. Hence according to Mr. Dhal the judgment is not a judgment in accordance with law.(ii) The substance of the evidence has not been recorded in the manner required by Section 264, Cri.P.C. In any opinion neither of these contentions is sustainable.2. So far as the recording of evidence is concerned the Magistrate has recorded in full almost verbatim all the answers given by the p...
Bhaktisara Ramanuj Das Vs. Bouri Bandhu Panda
Court: Orissa
Decided on: Mar-21-1963
Reported in: AIR1963Ori160
Narasimham, C.J.1. This is a revision against the order of the Subordinate Judge of Puri, passed in exercise of his inherent powers, under Section 151, C. P. C. restoring an application under Order 21, Rule 2, of the Civil Procedure Code, which had been previously dismissed for default.2. The opposite party had obtained a decree for declaration of title and recovery of possession of house property worth Rs. 5000/- and also for recovery of damages amounting to Rs. 1000/- against two defendants, the present petitioner being defendant No. 2 (judgment-debtor No. 2). The decree was put into execution, in due course, and then defendant No. 2 filed a petition on 124-1962 purporting to be one under Order 21, Rule 2 of the Civil Procedure Code alleging that the decree-holder had received Rs. 5000/- from him, (undertaking to close the execution case) and requesting the Court to enter full satisfaction of the decree. The learned Subordinate Judge thereafter started a Misc. Case. (Miscellaneous Ca...
Mir Ghulam HussaIn Vs. Sk. Hapan
Court: Orissa
Decided on: Mar-21-1963
Reported in: 29(1963)CLT355; 1965CriLJ408
ORDERR.L. Narasimhan, C.J.1. This is a petition, in revision, against the summary trial and conviction of that petitioner under Section 24 of the Cattle Trespass Act and under Section 323, I.P.C. and the sentences of fine passed on him. for those offences by the Sub-divisional Magistrate of Bhadralt.2. The main point of law urged by Mr. Rahim for the petitioner is that the substance of the deposition witnesses has not been recorded in the mariner required by Section 264 of the Criminal Procedure Code. He invited my attention to the fact that though the evidence of P.W. 1 was recorded in some detail the learned Sub-divisional Magistrate while recording the evidence, in the examination in chief of P.Ws. 2, 3 and 4 merely noted that the corroborated the evidence of P.W. 1.But I notice that their evidence, in cross examination has been recorded in full. Again so far as P.W. 3 is concerned his examination-in-chief also is fairly complete and gives a clear picture of the Sub-stance of the al...
Bhagwandas Khandelwal Vs. State of Orissa
Court: Orissa
Decided on: Mar-19-1963
Reported in: [1963]14STC642(Orissa)
S. Barman, J.1. The question referred by the Sales Tax Tribunal under Section 24(1) of the Orissa Sales Tax Act, 1947, in each of these S.J.Cs. analogously heard is this : Whether under the facts and circumstances of the case the Tribunal was correct in holding that there was enough compliance of natural justice The relevant facts are these :-The assessee-dealer is a wholesaler in grocery goods having his place of business at Soro in the district Balasore. He was assessed to sales tax under Section 12(2) of the Act for four consecutive quarters, namely, from the quarter ending on 30th June, 1957, to quarter ending on 31st March, 1958. In the relevant assessment orders the Sales Tax Officer found that the departmental authorities came across private books of account of certain retailers Sitaram Upadhyaya of Ichapur and Bhagirathi Naik of Bhatpara. The assessee-dealer is alleged to have mostly suppressed sales to these retailers on different dates. On this the Sales Tax Officer came to t...
Satya Sundar Das and anr. Vs. Registrar of Hindu Marriages
Court: Orissa
Decided on: Mar-15-1963
Reported in: AIR1963Ori139; 29(1963)CLT417
Narasimham, C. J. 1. This is a petition under Article 226 of the Constitution against the order of the Registrar of Hindu Marriages dated 31-7-1961 dismissing an application filed by the two petitioners for registration of their marriage under Section 8 of the Hindu Marriage Act (No. XXV of 1955) on the ground that the declaration of absence of collusion, as required by Sub-section (1) of Section 20 of that Act has not been given. Section 8 of the said Act says that a Hindu marriage may be registered in accordance with the Rules made by the State Government. In exercise of this power the Government of Orissa made rules known as the Orissa Hindu Marriage Registration Rules 1960. Rule 6 of these Rules says that an application for registration shall contain all the particulars required in Form B. But there is no column in Form B for the applicants to declare that there was no collusion between them. Hence such a declaration was not given. The learned Registrar however held that, apart fro...
The Tata Iron and Steel Co. Ltd. Vs. R.N. Gupta
Court: Orissa
Decided on: Mar-13-1963
Reported in: AIR1963Ori174
Barman, J.1. Defendant is the appellant. This appeal arises out of a rice supplying contractor's suit for recovery of Rs. 36,854/3/- consisting of four several sums, namely Rs. 10,322/8/- as loss alleged to have been suffered by trie plaintiff as cost incurred in re-sale, at a loss of certain bags of rice after alleged wrongful rejection of the same by the defendant, Rs. 13,566/13/- and Rs. 11,217/6/- both sums (aggregating Rs. 24,784/3/-) for alleged wrongful deduction from the plaintiff's bills and Rs. 1,747/8/- as price of gunny bags payable by the defendant under the terms of the contract.2. The plaintiff's case is this : In December 1954, the plaintiff who is a grain merchant submitted to the defendant a tender for supply of rice for the period from Januarys to June 1955. The said tender was accepted by the defendant as per clauses in the tender notice for supply of rice to the defendant at four different places including manganese mines at Joda as per sample submitted by the plai...
State of Orissa Vs. V.V. Apparao
Court: Orissa
Decided on: Mar-13-1963
Reported in: AIR1963Ori181
Narasimham, C.J.1. This is an appeal from the judgment of the Additional Subordinate Judge, Berhampur decreeing the respondent-Plaintiff's suit for recovery of the balance of the Provident Fund amount standing to his credit with appellant-defendant.2. The respondent was a servant of Ganjam District Board and retired on 15th February, 1955. He was asubscriber to the Contribuory Provident Fund of the Dis-trict Board and as soon as he retired he requested that the entire sum standing to his credit may be paid to him. Part payment of Rs. 14365/- was made to him on 23 Nov. 1955, and thereafter on receipt of frequent reminders the Special Officer, District Board in his proceedings dated 15th May 1957 (Ext. J) a copy of which was communicated to him ordered as follows :'The Provident Fund Account No. 1930 of Shri V. V. Apparao retired D. B. F. of Ganjam is closed finally. Ha has a balance of Rs. 1171/- under subscription and Rs. 5045/ under bonus account. Out of the total sum of Rs. 6216/ Rs....
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