Orissa Court April 1963 Judgments
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J. Choudhury Vs. the State
Court: Orissa
Decided on: Apr-11-1963
Reported in: AIR1963Ori216; 1963CriLJ659
ORDERR.L. Narasimham, C.J. 1. The petitioner is a practicing homoepathic doctor in Puri Town. He was prosecuted for an offence under Section 188 I.P.C. for having refused to get himself inoculated against cholera on 4-7-59(during the Ratha Jatra Festival). The Government of Orissa had made certain Regulations in exercise of the powers conferred on them by Section 2(1) of the Epidemic Diseases Act 1897 for the purpose of preventing the spread of cholera in Puri District. Paragraph 7 of the said Regulations is as follows:--'7. Every person, the parent or guardian of every minor child above one year or the husband of any minor wife residing within the limits of the areas mentioned above, shall, when directed by the District Health Officer or Municipal Health Officer, or any person authorised by him in this behalf, submit himself, herself, the minor child or the minor wife as the case may be, for inoculation against cholera forthwith, unless such person, parent or guardian or husband prove...
K.G. Anjaneyalu Vs. Chairman, Puri Municipality
Court: Orissa
Decided on: Apr-09-1963
Reported in: AIR1963Ori158; 1963CriLJ305
ORDERR.L. Narasimham, C.J.1. This is a revision against the appellate judgment of the Sessions Judge of Puri maintaining the conviction of the petitioner under Section 16(1)(a) of the Prevention of the Food Adulteration Act (Act 37 of 1954) ana the sentence of one years Rigorous Imprisonment and fine of Rs. 2000/- imposed on him by a First Class Magistrate of Puri.2. The petitioner is a ghee vendor in Puri town. He has a shop in Dolmandap Sahi and has also a house in theMatimandap Sahi where he resides and manufactures ghee. He has been carrying on this business in Puri Town for nearly 8 to 10 years. On 28-1-1961 his house in Matiman-dapsahi was raided by the Health Inspector of Puri Municipality (P. W. 2) who found several tins of ghee and other articles such as essence, Dalda Vanaspati Ghee, Kumkum seeds for colouring, til oil, groundnut oil and ghee flavour. He also found milk powder and some sodium bicarbonate. Out of these articles he took samples of ghee from a bucket (M. 0. III)...
Bamdeb Misra Vs. Laxmi Malla
Court: Orissa
Decided on: Apr-05-1963
Reported in: AIR1963Ori179; 1963CriLJ526
ORDERR.L. Narasimham, C.J.1. This is a revision against the appellate order of the Sessions Judge of Puri, under Section 476-B, Criminal Procedure Code, setting aside the order of the Munsif of Puri directing the filing of complaint for the prosecution of the opposite party for an offence under Section 193, I. P. C.2. The petitioner who is a resident of Puri Town filed a Civil Suit (0. S. No. 1 of 1958.) in the Court of the Munsif of Puri against the Executive Officer of Puri Municipality and others. In* the course of that suit the defendants namely Puri Municipality filed a petition on the 30th August I960 praying for the issue of an injunction against the petitioner. The petitioner filed a rejoinder to that petition Ex. A dated 31-8-1960) alleging certain facts for the purpose of showing that injunction should not be issued. Then as directed by the Court by its order dated 1st September, 1960, he filed an affidavit on the 2nd September 1960 and gave a copy of the same to the defendan...
State of Orissa Vs. Bhima Patra
Court: Orissa
Decided on: Apr-03-1963
Reported in: AIR1963Ori185; 30(1964)CLT142; [1963]14STC512(Orissa)
Narasimham, C.J.1. The questions referred to this Court under Section 24 (1)of the Orissa Sales Tax Act, 1947, by the Member Sales TaxTribunal are as follows :'(1) Whether in the facts and circumstances of thecase the Tribunal is right in directing reduction of the taxrate from 7 per cent or 5 per cent as the case may beto 2 per cent only, for the quarter ending 30th June1958 : . Whether in the facts and circumstances of the case the Tribunal is right in its finding that the restrictions and conditions specified in Section 15 of the Central Sales Tax Act 1956 will apply to the quarter ending 30th June 1958 when Section 15 of the Central Tax Act came into force from 1st October 1958 and was evidently inoperative prior to that date.' 2. The Central Sales Tax Act, 1956, was placed on the statute book on the 21st December 1956. But the commencement clause authorises the Central Government, by notification, to appoint different dates for the operation oi the different provisions of that Ac...
Sri Govindaram Saraf Vs. State of Orissa
Court: Orissa
Decided on: Apr-02-1963
Reported in: [1963]14STC622(Orissa)
G.K. Misra, J.1. This is an application under Articles 226 and 227 of the Constitution of India for issuing a writ of cerlioran to quash the order dated 27th February, 1962, of the Sales Tax Tribunal in Appeal No. 822(P)/61-62. The facts relevant for the decision of this case are that the learned Assistant Commissioner of Sales Tax, Sambalpur, set aside the order of assessment of the Sales Tax Officer under Section 23(2)(b) of the Orissa Sales Tax Act, 1947 (hereinafter to be called the Act) and remanded the case for fresh assessment. Against the remand order the petitioner filed an appeal before the Sales Tax Tribunal under Section 23(3)(a) of the Act. The petitioner filed the appeal on payment of a fee of one rupee only. The Tribunal called upon the petitioner to pay court-fee of Rs. 45.90 nP. amounting to five percentum of the amount in dispute. Against this order the writ application has been filed.2. Petitioner's contention is that under Rule 85 of the Orissa Sales Tax Rules, 1947...
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