Orissa Court January 1969 Judgments
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Brahmananda Satpathy Vs. State of Orissa
Court: Orissa
Decided on: Jan-27-1969
Reported in: AIR1969Ori224; 35(1969)CLT874
Patra, J.1. The petitioner has filed this application under Article 226 of the Constitution praying for issue of a writ in the nature of Certiorari quashing an order dated 27th November, 1961 passed by the Government of Orissa imposing certain punishments on the petitioner. The petitioner joined service as an Assistant in the Finance Department of the Government of Bihar and Orissa in 1933 and continued in service under the Government of Orissa with effect from 1-4-1936. In due course, he was promoted as personal Assistant to the Director of Industries in the year 1043. While so working charges were framed against him by Government on 7th May, 1967 for retaining undisbursed money in his personal custody, for drawing irregularly money from the Treasury and for utilising the money drawn for a particular purpose for other purposes (Annexure-A). Before the charges were actually served upon Mm, he was put under suspension with effect from 8th December, 1956 (Annexure B). The petitioner subm...
Hindustan Steel Ltd. Vs. A.K. Roy and ors.
Court: Orissa
Decided on: Jan-27-1969
Reported in: AIR1969Ori252
Patra, J.1. In this application underArticles 226 and 227 of the Constitution, the petitioner M/s. Hindusthan Steel, Limited Rourkela prays for issue of a Writ of Certiorari or any other writ or order quashing the award dated 31st August, 1965 passed by the Presiding Officer, Industrial Tribunal, Bhubaneswar by which the said Tribunal ordered the reinstatement in service of opposite party No. 1 Sri Ajit Kumar Ray with full back wages. In the year 1955, Sri Ajit Kumar Ray was admitted as a Trade Apprentice for the purpose of training by Hindusthan Steel Limited and on successful completion of the three years' period of training he was by letter dated 9-10-1958, informed that having completed his training with effect from 19-9-58, he should enter into an agreement to serve the Company for aperiod of five years. There is nothing on record to show that Sri Ray ever executed the required bond. He was however appointed as a skilled worker (fitter) with effect from 19-9-58. The order of appoi...
Md. SerajuddIn Vs. State of Orissa
Court: Orissa
Decided on: Jan-24-1969
Reported in: AIR1969Ori152
Acharya, J. 1. This Is a defendant's appeal against the judgment and decree passed by the Additional Subordinate Judge, Cuttack in T. S. No. 55 of 1964 decreeing the plaintiff's suit for evicting the defendant from the suit mines, directing him to deliver possession of the same to the plaintiff, and restraining the defendant by a permanent injunction from operating the suit mines in any manner. 2. The plaintiff who is the State of Orissa filed the suit on the following facts. 3. The suit mines belonging to the plaintiff having a rich deposit of Chromite ore were leased out to the defendant by Government orders dated 10-10-1958 (lease executed on 26-3-1959), on his application dated 9-4-1953 representing that he would set up a plant for the manufacture of Ferro Chrome and Ferro Silicon, and that he had obtained necesary licence for import of machineries, furnace and other equipments for setting up such a Plant. The aforesaid mining lease was granted In favour of the defendant after prol...
Paramananda Patra Vs. State
Court: Orissa
Decided on: Jan-24-1969
Reported in: AIR1969Ori222; 35(1969)CLT261; 1969CriLJ1147
G.K. Misra, J.1. The appellant has been convicted under Section 302 I. P. C. and sentenced to imprisonment for life. He has also been convicted under Section 333, I. P. C. and sentenced to E. I. for 2 years. The sentences are to run concurrently.2. The prosecution case may be stated in short. On 9-2-66 at about 11 A.M. the deceased was going in the company of his father (P. W. 11) to the Zilla Parishad Office at Bhawanipatna to file an application for the post of a teacher. While they were going on the jail road, the father suggested that they should have Darshan of the Goddess Kali before filing the application. They proceeded towards the Kali temple which was at a distance of about 1.1/2 furlongs from the jail road towards the north. The temple is situate on a hillock. The deceased was going ahead and P. W. 11 was behind at a distance of 30 to 40 cubits. When the deceased reached the gate of the temple, the accused suddenly came out with an axe in his hand and gave a blow on the form...
Commissioner of Income-tax Vs. Prafulla Kumar Mallik
Court: Orissa
Decided on: Jan-23-1969
Reported in: AIR1969Ori187; [1969]73ITR119(Orissa)
Barman, C.J.1. This matter arises out of a question referred by the Income-tax Appellate Tribunal to this court under Section 66(1) of the Indian Income-tax Act, 1922, for decision. The question referred is:'Whether on the facts and circumstances of the case, the amount of Rs. 25,700 paid by the assessee by way of penalty to the Government of Orissa was an admissible deduction under Section 10 (1) of the Income-tax Act, 1922.'This Court by its judgment dated January 22, 1963 while dealing with this question, considered the provisions of Section 10 (2) of the Income-tax Act and held that the deduction claimed by the assessee was not admissible as it amounted to a penalty imposed on the assessee for his dishonest action in supplying sub-standard quality goods and, as such, it could not be said to be in expenditure incurred wholly and exclusively for the purpose of his business.2. The facts and circumstances in which the question was referred to the High Court are these. During the calend...
Rabindra Kumar Sahu Vs. Utkal University
Court: Orissa
Decided on: Jan-20-1969
Reported in: AIR1969Ori206
Barman, C.J. 1. The petitioner, a student of the Stewart Science College who appeared in the Pre-University Examination held in 1968, challenges the decision of the Utkal University dated June 11, 1968 by which the petitioner's result in the said Examination was cancelled and he was debarred from appearing at any examination prior to the second examination of 1969, on the ground of alleged malpractice in that on March 23, 1968, in the morning session when the examination in Physics was in progress, he was found in possession of a piece of manuscript paper which the petitioner is alleged to have utilised at the time of the examination. 2. On May 20, 1968, the University issued on the petitioner a notice for the alleged malpractice, requiring him to show cause why disciplinary action should not be taken against the petitioner on the following charges: (i) he was in possession of unauthorised material in the examination hall in contravention of the Rules prescribed by the University for t...
In Re: Beda
Court: Orissa
Decided on: Jan-14-1969
Reported in: AIR1970Ori3; 35(1969)CLT218; 1970CriLJ60
ORDERA. Misra, J. 1. This is a reference Under Section 341 Cr. P. C. by the Sub-divisional Magistrate. Athmallik forwarded by the Sessions Judge, Cuttack-Dhenkanal. This pertains to Beda alias Suramani Sahu (accused No. 3) who along with two others charged with offences Under Sections 302, 324 and 323 read with Section 34 I. P. C. has been committed to take his trial before the Court of Session. After making the commitment, the learned Magistrate has made the present reference having come to the conclusion that the said accused who is deaf and dumb is incapable of being made to understand the proceedings. 2. Shri A. B. Misra, learned counsel appearing for the State points out that before making the reference, the learned Magistrate should have made adequate enquiries about the antecedents of the said accused, an endeavour to find out as to how his friends and close relatives are accustomed to communicate with him in ordinary affairs, got him kept under medical observation and thereafte...
Nandram Hunatram Vs. State of Orissa
Court: Orissa
Decided on: Jan-14-1969
Reported in: AIR1969Ori165
Barman, C.J. 1. In these matters --the writ petition filed by the petitioner Messrs. Nandram Hunatram and the suit filed by the State of Orissa against the petitioner which on transfer was heard along with the writ petition the point involved is whether under Rules 54 and 55 of the Mineral Concessions Rules, 1960 made under Section 28 of the Mines and Minerals (Regulation and Development) Act, 1957 the State of Orissa is bound to carry out the order dated July 20, 1963 passed by the Central Government on the applications for revision filed by the petitioner under the said Rules directing the State Government to execute a mining lease with the petitioner for iron ore over an area of 1245 acres in Tomka area in the district of Cuttack incorporating the various conditions which the State Government had stipulated and were accepted by the petitioner after getting the area demarcated by the Official Surveyor. 2. The impugned order of the State Government dated January 20, 1964 as communicat...
Sree Narayan Company Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-14-1969
Reported in: AIR1969Ori163
Barman, C.J.1. In this writ petition, the petitioner prays for the issue of a writ of mandamus directing the State of Orissa to grant in his favour a mining lease for iron and manganese ore over an area of 186.454 hectares near village Dumirta in Khesra forest, Taluk Barbil, District Keonjhar, in compliance with the order of the Central Government dated July 12/14, 1967 in exercise of their revisional powers under Rule 55 of the Mineral Concession Rules, 1960, directing the State Government to grant the said mining lease in favour of the petitioner. 2. On June 19/21, 1966 the petitioner applied for mining lease of 292.274 hectares in respect of iron and manganese ore. By January, 1967 the petitioner is stated to have complied with all the requisitions made by the concerned authorities in connection with the aforesaid application for mining lease. On January 7, 1967 the petitioner wrote to the opposite parties that as seven months had passed since his application and that unless the app...
Hari Maharana and ors. Vs. Pranabandhu Maharana and ors.
Court: Orissa
Decided on: Jan-14-1969
Reported in: AIR1969Ori167; 35(1969)CLT327
ORDERA. Misra, J. 1. On a reference by the Taxing Officer, this court-fee matter has come up before me as the Taxing Judge. Defendants Nos. 2, 5 and 15 in the partition suit O. S. No. 24/66 are the appellants, In the trial Court, the suit was valued at Rs. 7,434.00 for purposes of jurisdiction and the fixed court-fee of Rs. 150-00 was paid. The appellants here have valued the appeal at Rs. 3,800.00 for purposes of jurisdiction and paid the fixed court-fee of Rs. 22.50. The Stamp Reporter raised the objection that in partition suits governed by Article 17-A of Schedule II (Orissa amendment) of the Court-fees Act the amount of court-fee will depend on the jurisdictional value in the suit and it is not open to appellants to reduce the jurisdictional value and pay the lower fixed court-fee. The Taxing Officer has agreed with the view of the Stamp Reporter, but as in another F. A. No. 104 of 1966 (Orissa), the finding of the Registrar that in such a partition suit it is permissible in appea...
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