Orissa Court April 1963 Judgments
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Sadhu Charan Mohanty and anr. Vs. H. Naik, Official Liquidator, Puri B ...
Court: Orissa
Decided on: Apr-30-1963
Reported in: AIR1964Ori121
Narasimham, C.J.1. This is an appeal under the Orissa High Court Order against the judgment of Hon'ble Barman, J., (Company Judge) dismissing an application filed by the judgment-debtors against the execution of the decree passed against them, for realisation of a sum of Rs. 7180-15-3. The main objection to the execution of the decree was based on Section 11 of the Orissa Money Lenders Act, but the learned Judge held that this point was concluded by a previous Division Bench decision of the Patna High Court between the same parties, reported in Hare-krishna Mahanti v. Puri Bank Ltd., 11 Cut LT 12 : (AIR 1945 Pat 281), where it was held that neither Section 10 nor Section 11 of the Orissa Money Lenders Act will be available to the judgment-debtors. That decision being inter parties will operate as res judicata. Before the learned single Judge it was contended that the principle laid down in the aforesaid Patna decision was subseqnently overruled by a Full Bench decision of this Court re...
Ganesh Mahanta and ors. Vs. Sukria Bewa and ors.
Court: Orissa
Decided on: Apr-26-1963
Reported in: AIR1963Ori167; 29(1963)CLT474
G.K. Misra, J.1. Defendants 3 to 5 are the appellants. The following geneology would show the relationship of the parties. GORACHAND MOHANT=LATA (widow) | __________________________________________ | | | Sukria Nali (D-1) Nilamoni Plff-1 =Genesh (D-3) | | ______________________ | | | Dharmu (D-2) Purna (Plff-2) Pratap (Plff-3)Plaintiffs filed the suit for partition claiming one third share for plaintiff 1, one-third for plaintiffs 2 and 3 and one-third for defendant 1. The disputed properties belonged to Gorachand. On his death his widow Lata inherited these properties as a limited owner. On 8th May, 1946, she executed a registered deed of gift in favour of defendant No. 2 in respect of Schedules B/1 and B/2 of the plaint and delivered possession. Plaintiffs filed original suit No. 138 of 1946-47 in the Court of the Munsif of Baripada challenging the alienation and obtained a declaration that it was not binding on their reversionary right beyond the life time of the widow. As both the...
The Orissa Ceramic Industries Ltd. and ors. Vs. Executive Officer, Jha ...
Court: Orissa
Decided on: Apr-22-1963
Reported in: AIR1963Ori171
Narasimham, C.J. 1. In these 2 applications under Article 226 the constitutional validity of Clause (kk) of Sub-section (1) of Section 131 of the Orissa Municipal Act, 1950, as amended by the Orissa Municipal (Amendment) Act, 1954, is under challenge. Hence they were both heard together and will be disposed of in one judgment.2. Sub-section (1) of Section 131 of the Orissa Municipal Act confers power on the Municipalities in Orissa, to levy various kinds of taxes and fees after obtaining the sanction of the State Government. By the amending Act of 1954 a new Clause (kk) was inserted in that Section as follows :'(kk) An octroi on goods brought within the limits of the Municipality for consumption, use or sale therein is maintained by the Municipal Council, (sic.)'3. Mr. Das for the petitioners urged that the said Clause (kk) of Sub-section (1) of Section 131 is unconstitutional on the following two grounds :(i) It amounted to excessive delegation by the Legislature, inasmuch as the maxi...
Patnaik and Co. (Pvt.) Limited Vs. Commissioner of Sales Tax and anr.
Court: Orissa
Decided on: Apr-19-1963
Reported in: [1963]14STC738(Orissa)
G.K. Misra, J.1. This is an application under Articles 226 and 227 of the Constitution of India. The facts of the case may be stated in a narrow compass. Messrs Patnaik & Company was dissolved on 31st March, 1959, and the entire business was transferred on that day to Messrs Patnaik & Company (Private) Limited (the petitioner) which had accepted the sales tax liability of the dissolved concern. For quarters ending 31st March, 1956 to 31st March, 1957, the transferor was liable to pay sales tax dues of Rs. 1,43,794-30 nP. For realisation of this amount a certificate case had been started. According to the petitioner, by consent of parties, the Certificate Officer granted payment by instal ments at the rate of Rs. 5,000 per month from March, 1962. But the Commissioner of Sales Tax finds that the department had given no consent. The petitioner was making payments in accordance with the order of the Certificate Court. During the pendency of the aforesaid pro ceeding, the concerned Sales Ta...
Arakhita Das Vs. Hari Mohapatra and ors.
Court: Orissa
Decided on: Apr-18-1963
Reported in: AIR1963Ori162; 29(1963)CLT397
G.K. Misra, J. 1. Defendant-3 is the appellant. Plaintiff's case is as follows: The disputed property belonged to late Madhu Mohapatra. Madhu adopted late Antarjyami, father of the plaintiff. Paluni, widow of Madhu, died on August 21, 1957. During the settlement operations of 1916, Paluni and Antarjyami did not pull on well. Palu'ni claimed maintenance. The matter was decided in her favour by the Superintendent of the ex-State of Nayagarh. In Miscellaneous case No. 27 of 1916-17, the Deputy Commissioner of Angul passed the following order: 'I dismiss the appeal and direct that the land be divided into two equal shares. Half will be recorded in the name of Paluni as her maintenance. She will enjoy the land until her death. The other half will be recorded in the name of Antarjyami with Paluni as guardian. She will have full right to arrange for the cultivation of her share of the land until her death.' After this decision, there existed good feelings between Paluni and Antarjyami and the...
Kalinga Tubes Ltd. and ors. Vs. Shanti Prasad JaIn and ors.
Court: Orissa
Decided on: Apr-18-1963
Reported in: AIR1963Ori189
Misra, J.1. AHO. 13/61-- This appeal arises out of an application by Sri Shanti Prasad Jain under Sections 397, 398, 402 and 403 of the Companies Act, 1956 (hereinafter caned the Act). As there are large number of appeals and the descriptions of the parties as appellants and respondents may lead to confusion, the parties would be described in this judgment as petitioner and respondents in terms or the petition dated 14th September, 1960. The petitioners case is as follows :--(A) Kalinga Tubes Limited (hereinafter to be reterred to as the Company) is a Company incorporated under the Indian Companies Act having its registered office at Chod-war in Cuttack district. The petitioner is a holder of 3000 shares of the value of Rs. 100.0.0 each. Those shares are fully paid up and all calls due have been duly paid. The petitioner obtained consent in writing under Section 399 or the Act of the shareholders holding 13,083 shares. The holdings of the petitioner and of the consenting share-holders ...
Satchidananda Nanda Vs. State of Orissa
Court: Orissa
Decided on: Apr-16-1963
Reported in: AIR1963Ori164
Narasimham, C.J. 1. The petitioner joined as a Lower Division Assistant in the Office of the Orissa Hindu Religious Endowments Commissioner on 8-5-47. He was confirmed in that post on 4-6-1949 and was also promoted as an Upper Division Assistant in the scale of pay of Rs. 60-70 per month. 2. On 1-12-50 he was appointed as a Head Assistant in the said office in the scale of pay of Rs. 100-8-140 E. B. 10-180 per month. One Gunanidhi Khandait Roy, who was senior to the petitioner in the said office, and two other persons were then serving as Senior Inspectors of Endowment in the scale of 100-8-140 E. B. 10-18o/- per month. As the scales of pay of both the Inspector and Head Assistant were the same they did not feel aggrieved by the appointment of the petitioner as Head Assistant. After the passing of the Orissa Hindu Religious Endowments Act, 1951 (which was brought into force in 1955) and the statutory recognition of all the members of the staff of the Endowments Office as regular Govern...
Babulal Chhapolia Vs. the State of Orissa
Court: Orissa
Decided on: Apr-16-1963
Reported in: [1963]14STC880(Orissa)
R.L. Narashimham, C.J.1. In these three special jurisdiction cases the following two questions have been referred to this Court for opinion by the Member, Sales Tax Tribunal.(i) Is it correct to hold (as the Tribunal has held) that the Assistant Commissioner of Sales Tax while disposing of an appeal under Section 23(2) of the Orissa Sales Tax Act is not entitled to take into consideration revised returns and additional grounds of appeal which may be different from the grounds taken in the memorandum of appeal and whether for the first time at the hearing of appeal, such grounds may or may not be entertained?(ii) Whether on the facts and circumstances of the case and the documents on records, pointing to the contrary, the order of the Tribunal can be maintained as valid in law?2. The assessee was assessed to sales tax for three quarters ending on 30th June, 1954, 30th September, 1954 and 31st December, 1954. On appeal the Assistant Commissioner of Sales Tax took into consideration some ...
The Aluminium Industries Employees Union and anr. Vs. Aluminium Indust ...
Court: Orissa
Decided on: Apr-15-1963
Reported in: AIR1963Ori169
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution by the Union of Workers of Messrs The Aluminium Industries, Ltd., Hirakud, against the appellate order of the District judge, under Section 6 of the Industrial Employment (Standing Orders) Act 1948.2. The management of Messrs Aluminium Industries prepared Draft Standing Orders under Section 3 of the aforesaid Act and submitted the same to the Certifying Officer, under Section 5 of the Act. Sub-clause (IX) of Clause 32 of the said draft orders which is relevant for the purpose of this application, is as follows :'32 (ix) Commission of any act subversive of discipline or good behaviour : (a) On the Company's premises or(b) In the course of duty or(c) Outside the company's premises, if it is proved to have directly affected the discipline or administration of the Company if it is directly linked with the general relationship of employer and employee, or has a direct connection with the contentment or comfort of th...
Bairagi Charan Sahu and ors. Vs. Lakshmidhar Das
Court: Orissa
Decided on: Apr-11-1963
Reported in: AIR1964Ori17
Misra, J.1. Plaintiffs are the appellants. The suit was for declaration of title and confirmation of possession, or, in the alternative, for recovery of possession with a prayer for permanent injunction. Plaintiffs base their title on a registered document (Ex. 1) dated 12th April 1950 executed by Lakshmidhar Das, the original defendant (since deceased), in favour of plaintiffs 3 and 4 and the deceased father of plaintiffs 1 and 2 for a consideration of Rs. 300/-Plaintiffs' case is that this document is a sale out and out with a condition for repurchase. Plaintiffs were in possession but the defendant caused disturbance of possession in 1957.2. The defence case is that Ex. 1 is a mortgage by conditional sale. Plaintiffs were in possession till 1957 when after having been fully satisfied, they gave up possession of the suit land.3. The Courts below dismissed the suit on a concurrent finding that Ext. 1 was a mortgage by conditional sale.4. The recitals of document, Ext. 1 may be enumera...
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