Orissa Court April 1965 Judgments
Sri Ram Dayalu Das Babaji Vs. Dukha Jena
Court: Orissa
Decided on: Apr-14-1965
Reported in: AIR1966Ori66
ORDERG.K. Misra, J. 1. Plaintiffs suit is for recovery of Rs. 600/- on the basis of a promissory note (Ext. 1) for Rs. 443/- paid in cash to and executed by the defendant on 4-10-1958. Defendant admitted execution but denied passing of consideration. His case was that there was a Civil Suit between the plaintiff and one Raghunath Das regarding succession to the Mahantship of the Muth Sri Raghunath Mohaparayu at Dharakote. Defendant was in cultivation of some lands in village Sunapalli belonging to the Math. During the pendency of that suit, plaintiff thereatened the defendant with eviction and he was forced to execute a Muchalika (Ex. A) dated 4-10-1958 on payment of a Salami of Rs. 500/-. The suit promissory note was executed at the same time by way of security for payment of the Rajbhag paddy. Mahant Raghunath Das succeeded in the aforesaid suit and the defendant had to pay the Rajbhag paddy to him and not to the plaintiff. The suit is based on the promissory note executed without co...
Tag this Judgment!Srinivas Ramanuj Das Vs. the Commissioner of Income-tax
Court: Orissa
Decided on: Apr-14-1965
Reported in: AIR1966Ori135
Barman, J.1. The point involved in this writ petition is one of limitation under the new Income-tax Act, 1961 (Act No. 43 of 1961) which came into force with effect from April 1, 1962. The Income-tax Appellate Tribunal, Patna Bench (Camp-Puri) dismissed the asses-see's four consolidated reference applications purported to have been made under Section 256(1) of the new Act, as time-barred.2. The material facts are these : The said four reference applications requiring the Tribunal to make a statement of the case and refer certain questions of law are said to have arisen out of Tribunal's consolidated order in. I. R. A. Nos. 2480, 2481, 2482, 2483 and 2484 of 59-60 in respect of assessment years 1953-54, 1954-55, 1955-56, 1956-57 and 1957-58. The appeals in respect of assessment for this period of 5 years were filed under the provisions of the Income Tax Act, 1922 (hereinafter referred to as Act of 1922). On May 25, 1963 the Tribunal disposed of the said appeals under Section 33 of the A...
Tag this Judgment!Kanduri Sahu Vs. Nidhi Sahu and ors.
Court: Orissa
Decided on: Apr-09-1965
Reported in: AIR1966Ori44
ORDERG.K. Misra, J. 1. An ex parte decree was passed against the petitioner on 20-2-1963. On 4-3-1963 an application was filed under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree. On 26-9-63 the court passed the following order:'That the Misc. case he allowed on contest against the O.P. subject to payment of Rs. 15/- as costs by the petitioner to the O.P. on or before the 10th day of Oct. 63, failing which the Misc. case shall stand dismissed.'On 10-10-68 the petitioner prayed for extension of time for payment of costs on the ground that he was ill and bed-ridden and could not deposit the money on the dale fixed. On 7-11-1963 the application for extension of time for payment of costs was dismissed on the ground that the Court had no power to extend the time under Section 148 of the Code. Against this order, the Civil Revision has been filed.2. Section 148 of the Code lays down that where any period is fixed or granted by court for the doing of an...
Tag this Judgment!Banshidhar Naik and ors. Vs. Laxmiprasad Patnaik
Court: Orissa
Decided on: Apr-09-1965
Reported in: AIR1966Ori53
ORDERG.K. Misra, J.1. Bhubaneswar Patnaik has three sons, Laxmiprasad, Bishnuprasad and Debi-prasad. The latter two are minors. Laxmiprasad, as plaintiff, filed Title Suit No. 18 of 1963 in the court of the Munsif, Athgarh, (hereinafter referred to as Athgarh Suit), for declaration of title and recovery of possession on the allegation that the sale deed dated 21-6-1961 for Rs. 2000/- executed by him in favour of the petitioners who were the defendants in that suit, was without consideration and that passing of consideration being a condition precedent to the passing of title, no title passed under that registered sale deed.The substantial defence taken by the petitioners (as defendants) was that on 21-6-61 two sale deeds were executed. One was executed by Laxmiprasad for Rs. 2000/- and the other was executed by the two minor sons through their mother guardian Binodini Debi for Rs. 7000/-. Both the sale deeds were not isolated and independent transactions but constituted one indivisible...
Tag this Judgment!Gauri Prasad Dehuri Vs. State of Orissa
Court: Orissa
Decided on: Apr-09-1965
Reported in: AIR1966Ori32
Barman, J. 1. The petitioner is a Sarpanch of Sarasara Gram Panchayat in the district of Phulbani. In this writ application he challenges the order of the Government of Orissa removing him from the office of Sarpanch and declaring him not eligible for such office for 2 years from the date of his removal. The alleged ground of his removal is that he had been vigorously carrying on campaign against levy of Panchayet Tax which is an obligatory tax under the law.2. The Government notification removing the petitioner from the office of Sarpanch, so far as material is this: 'Whereas Sri Gouri Prasad Dehuri Sarpanch of Sarasara Gram Panchayat in the District of Phulbani had in the opinion of the State Government wilfully omitted, refused to carry out and disobeyed several provisions of the Orissa Gram Panchayat Act, 1948 and the Orissa Gram Panchayat Rules, 1949, and lawful orders issued thereunder and abused the powers vested in him as will appear from the following instances: He has been vi...
Tag this Judgment!Kanhu Charan Saraf and anr. Vs. Radhamohan Padhi
Court: Orissa
Decided on: Apr-09-1965
Reported in: AIR1965Ori219; 1965CriLJ794
ORDERR.K. Das, J. 1. This is a reference under Section 438, Cr. P. Code, made by the Sessions Judge, Bolangir Kalahandi, recommending to this Court to set aside the order of Sri. A.P. Shukla, Magistrate, 1st Class Titlagarh, dated 11-6-64, wherein he directed the Nazul Amin to inspect the disputed property and to report to the Court on which of the plots the accused persons had constructed the house in question.2. The circumstances under which this Reference arises may be stated as follows:Radhamohan Padhi as complainant, filed a case against Kanhu Charan Saraf and some others under Section 447, I.P.C. in the Court of the Sub-divisional Magistrate, Titlagarh, on the allegation that they had committed trespass into Nazul plots Nos. 351/D and 361/D in Khata No. 12 in town Titlagarh and erected some house thereon in spite of the protest of the complainant. After cognizance was taken, the accused, persons were duly summoned and both sides examined their witnesses. The prosecution also exam...
Tag this Judgment!Golak Chandra Biswal Vs. State of Orissa
Court: Orissa
Decided on: Apr-07-1965
Reported in: AIR1966Ori59
ORDERG.K. Misra, J. 1. Title Suit No. 293 of 1962 had been filed in the Court of the Munsif, Bhadrak, for declaration of plaintiff's occupancy right and for other reliefs. Defendant entered appearance on 16-3-1963. From that date till 8-10-1963 defendant went on applying for time for filing of written statement. On the last date the application for time was rejected and the defendant was set ex parte. Ultimately ex parte trial was held on 18-1-1964 and an ex parte decree was passed. On 18-2-1964 defendant filed an application under Order 9 Rule 13 C.P.C. which was registered as Misc. Case No. 44 of 1964. On 20-8-64 the learned Munsif held that there was sufficient cause for non-appearance of the defendant on the date of trial and restored the suit. Against this order the Civil Revision has been filed. 2. Mr. Misra raised two contentions (i) the application under Order 9 Rule 13 C.P.C was barred by limitation by one day and was liable to be dismissed and that this court in exercise of i...
Tag this Judgment!Dukhishyam Sahu Vs. Bidyadhar Sahu
Court: Orissa
Decided on: Apr-07-1965
Reported in: AIR1966Ori45; 1966CriLJ152
ORDERR.K. Das, J. 1. This is a complainant's petition directed against an order of acquittal passed by the Additional District Magistrate (Judicial), Cuttack, setting aside the order of conviction of the opposite party under Section 323, I.P.C. passed by the Magistrate First Class, Kendrapara.2. The prosecution case is that the villagers of the complainant purchased a radio from out of the common fund kept in the custody of the accused. When they asked the accused to render account of the money kept at his disposal, he refused to do so and was about to take away the radio. When the complainant prevented him the accused assaulted the complainant. The complainant filed a complaint and the accused was sommoned to stand a trial for an offence under Section 323, I.P.C.3. The accused denied the charge and pleaded that the case had been falsely instituted at the instance of one Babaji Das against whom the accused had made a station diary entry on the date of occurrence.4. In support of the pr...
Tag this Judgment!Harihar Misra Vs. Narhari Setti Sitaramiah and anr.
Court: Orissa
Decided on: Apr-02-1965
Reported in: AIR1966Ori121
ORDERG.K. Misra, J. 1. Plaintiff valued Title Suit No. 57 of 1962 at Rs. 1000/-. Defendants filed written statements alleging that the value of the suit property was Rs. 10,000/-. On 18-9-1963 defendants filed two applications one for appointment of a Commissioner for making the valuation of the suit property and another for taking up the valuation question and court-fee matter as a preliminary issue. The case had been transferred to the learned Subordinate Judge, who appointed an Overseer Commissioner to estimate the market value of the suit site and the superstructures standing on it. The Commissioner submitted his report on 4-11-1963. The suit had been adjourned to 8-11-1963 for filing objections. On the latter date, no objections were filed. Plaintiff was absent. Advocate for the defendants had no objection to the report of the Commissioner which was accepted. The learned Subordinate Judge directed the plaintiff to take steps for amendment of the plaint and to pay the deficit court...
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