Orissa Court May 1964 Judgments
Khandeswar Champati and ors. Vs. Gokulananda Jena and ors.
Court: Orissa
Decided on: May-08-1964
Reported in: AIR1965Ori91
G.K. Misra, J.1. Defendants 1 to 3 and 5 to 10 are the appellants. Defendant No. 4 has been expunged as he is dead. The suit has been filed against them under O, 1, Rule 8, Civil Procedure Code. Defendant 11 is the State of Orissa. Defendants 1 to 5 belong to village Luxmiprasad and defendants 6 to 10 to village Sahasapur. Plaintiffs 1 to 5 are residents of village Borigaon and plaintiffs 6 to 10 of village Betuli. Plaintiffs filed the suit representing the general public, and particularly the villagers of Borigaon and Betuli. The suit had been filed in respect of Schedules A and B of the plaint; but at the commencement of the trial, plaintiffs abandoned their case in respect of Schedule A. Plaintiffs' case with regard to Schedule B land is as follows:Schedule B .nd constitutes a part of a Nala (water channel) through which water flows into the lands of the villagers of Betuli and Borigaon and several other villages. This Nala is in existence since time immemorial. When the Nala become...
Tag this Judgment!Jasoda Sahuani and ors. Vs. Satyabhama Sahuani and anr.
Court: Orissa
Decided on: May-07-1964
Reported in: AIR1965Ori28
Barman, J. 1. These two analogous miscellaneous appeals are against an order dated December 9, 1963 of the Subordinate Judge, Berhampur by which defendant Satyabhama Sahuani was appointed receiver of the entire property till the disposal of the suit with directions to her to maintain and submit annually accounts of receipts and expenditure separately regarding the cultivation, harvesting and preservation of the suit property in terms of the said order.2. For convenience of understanding the nature of the dispute among the parties leading to the appointment of Receiver, a geneological table showing the relationship of the parties in T. S. No. 69 of 1963 so far as relevant is set out as follows: LAKSHMINARAYAN SAHU died in 1921 ___________________|___________________ | | Banka Banchhhanidi (died in 1923) (died 10-10-56) =Annapurna =Satyabhama =Jasoda D.2 (3rd wife) (1st wife) D.1 P.1 | | Govinda Kunia (died 23-8-63) P. 2 =RamkumariThe circumstances in which these two appeals came to be ...
Tag this Judgment!Nowranglal Agarwala Vs. State of Orissa, Represented by the Commission ...
Court: Orissa
Decided on: May-07-1964
Reported in: AIR1965Ori44; [1965]16STC271(Orissa)
Narasimham, C.J.1. These eight references were made by the Member, Sales Tax Tribunal, Orissa under Section 24(1) of the Orissa Sales Tax Act, 1947.2. The petitioner assessee is a registered cloth dealer of Cuttack town. While submitting his taxable turnover for eight quarters ending 30-6-55, 30-9-55, 31-12-1955, 31-3-1956, 30-6-1956, 30-9-1956, 31-12-56 and 31-3-1957, the assessee claimed certain sums as permissible deductions being sales to registered dealers of goods intended for resale in Orissa--See Section 5(2) (A) (a) (ii) of the Orissa Sales Tax Act. The Sales Tax Officer refused to allow such deductions holding that he entertained serious doubts about 'truth' of the declaration made by the purchasing dealer as required by Rule 27(2) of the Orissa Sales Tax Rules. Eight appeals were filed before the Appellate Assistant Commissioner of Sales Tax. Four of them were heard by one Shri L.C. Sahu who confirmed the order of the Sales Tax Officer and dismissed the appeals in respect of...
Tag this Judgment!Ganesh Chandra Misra Vs. Artatrana Misra and ors.
Court: Orissa
Decided on: May-06-1964
Reported in: AIR1965Ori17
ORDERG.K. Misra, J. 1. The facts leading to the Civil Revision may be stated in extenso. On 7-6-1958 Ganesh Chandra Misra (the petitioner) and Artatran Misra (opposite party 1) executed an arbitration agreement in favour of Narasingh Mohapatra (opposite party 2), Lingaraj Misra (Opposite Party 3) and Lokanath Misra (Opposite Party 4) appointing them as arbitrators to decide their dispute and agreed that their decision would be binding on them. The arbitrators entered on the reference on 10-7-58. Both the partjes applied for time before the arbitrators on 10-7-1958, 13-9-58. 3-12-58 and 16-1-1959. On 14.4.1959 Artatran Misre alone filed an. application for time and again on 3-5-1959 both the parties applied for time. 8 witnesses were examined by the petitioners and 2 witnesses by Artatran a from 26-5-1959 to 28-5-1959. The award was passed on 26-6-1959 and was signed by all the arbitrators. On the award itself both the petitioner and Opposite Party 1 noted 'seen' on the very day. The aw...
Tag this Judgment!Rema Naik and ors. Vs. the State
Court: Orissa
Decided on: May-06-1964
Reported in: AIR1965Ori31; 30(1964)CLT517
Das, J.1. These four appellants have been convicted under Section 302/34, I. P. C., and sentenced to R.I. for life. They have further been convicted under Section 201, I. P. C., but no separate sentence has been awarded for the same. 2. A boy named Teka died on 21-1-63. The four appellants along with some others including the deceased Dirima went to the cremation ground for burning the dead body of Teka. After cremating the dead body, according to some custom the accused persons took some Salap liquor at a short distance from the burning pyre. In course of drinking, appellant Rema blamed the deceased Dirima for his having killed the boy Teka by application of witch-craft, but the latter denied to have done so. Then accused Rema caught hold of the neck of Dirima and pushed him down and assaulted him with a stone on his head and chest. The other three appellants also joined him in assaulting the deceased with stones as a result of which Dirima died on the spot. Thereafter the appellants ...
Tag this Judgment!Dr. Miss Binapani Dei Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-06-1964
Reported in: AIR1965Ori81; (1965)ILLJ335Ori
Misra, J. 1. This is an application under Article 226 of the Constitution of India wherein the petitioner asks for issuing an appropriate Writ for quashing the order, dated 27th June, 1963 passed by the Government deelaring that the petitioner still continues in service.2. The facts leading to the application may be stated in a narrow compass.The petitioner was appointed as a lady Assistant Surgeon in the Orissa Medical Cadre on 12th June, 1938 and was confirmed as Superintendent of Medical Aid to Women and children on 11th May, 1955. Her age in the Civil list and History of Services of Gazetted Officers of Orissa, maintained by the Accountant General, Orissa is 10th April, 1910. This date was declared by her to be her date of birth at the time of entry into the service and was supported by documentary evidence produced by the father and verified and accepted by the Government. On the basis of this date, the petitioner was to ordinarily retire on 10th April, 1965 on completion of the a...
Tag this Judgment!Superintendent, Mines and Quarries, Bisra Stono Lime Co. Ltd. Vs. Pres ...
Court: Orissa
Decided on: May-05-1964
Reported in: AIR1965Ori24; (1965)ILLJ247Ori
Misra, J.1. This is an application under Articles 226 and 227 of the Constitution wherein the petitioner prays for issuing a writ of certiorari to quash the order of the Industrial Tribunal dated 27-9-1963 refusing to approve the order of dismissal passed by the petitioner against opposite party No. 2, and to approve the order of dismissal which was given effect on 21-11-1962. The facts leading to this application are as follows:--On 3-7-1962 Government of India referred certain dispute between Bisra Stone Lime Co. Ltd., Biramitrapur and its workmen to the Industrial Tribunal, Orissa, under Section 10 of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act). The questions referred to in the dispute were -(1) Whether the management of M/s. Bisra Stone Lime Co. Ltd. is justified in not granting 2nd October (Mahatma Gandhi's birthday) as an additional paid holiday to its workmen: (2) If not, to what relief the workers of Bisra Stone Lime Co., Ltd. are entitled? The ...
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