Orissa Court December 1970 Judgments
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Keluni Dei Vs. Kanhei Sahu and ors.
Court: Orissa
Decided on: Dec-24-1970
Reported in: AIR1972Ori28; 37(1971)CLT178
R.N. Misra, J. 1. This is a plaintiffs appeal against the confirming decision of the First Additional Subordinate Judge, Cuttack. 2. The plaintiff sued for her own title and for a declaration that the defendants 1 to 4 had not acquired any title by virtue of their sale deeds. She also wanted affirmation of her possession and permanent injunction restraining the defendants from interfering with her right and possession. 3. The plaintiff became an orphan and the defendant no- 5 said to be her maternal uncle as de facto guardian transferred her entire property in favour of the defendant No. 1 on 7th June 1948 (Ext. C). The defendant No. 1 sold a part of that property under two separate registered sale deeds in favour of the defendants 3 and 4 on 9th February. 1951 (Ext. B) and 21st January. 1959 (Ext. A) respectively. A short genealogy would show the relationship of the plaintiff and the defendant No. 1. ARTA _____________|_____________ | | Chakradhar Netrananda _____|_________ | | | Kel...
Dhoba Das and ors. Vs. Gurucharan Uttar Singh Mohapatra and anr.
Court: Orissa
Decided on: Dec-22-1970
Reported in: 37(1971)CLT968
ORDERR.N. Misra, J. 1. The defendants in T. S. No. 261 of 1968 are the petitioners. The suit was one for partition. After the entire evidence for both sides was recorded, a dispute arose about the genuineness of a document which was marked as Ext. 6, a Patta. On 21-7-70, an application was made by the defendants to send the document for examination by the hand-writing expert. The learned Trial Judge called upon the defendants to deposit Rs. 250/- in the treasury office for sending the document to the expert. The defendants deposited Rs. 250/- and tendered the challan for it. The learned Trial Judge called upon the defendants to produce a special certificate. Several adjournments were granted to the defendants for the purpose of producing the special certificate from the Treasury Officer in compliance with General Letter No. 3 of 1964 issued by this Court. On 18-8-70, the learned Trial Judge directed that unless the defendants produce the certificate by 25-8-70 the order for sending the...
Ramnath Panda Vs. Commissioner of Agricultural Income-tax
Court: Orissa
Decided on: Dec-17-1970
Reported in: [1972]84ITR206(Orissa)
G.K. Misra, C.J. 1. Facts may be stated in short. The petitioner is an assessee under the Orissa Agricultural Income-tax Act, 1947 (Orissa Act XXIV of 1947) (hereinafter to be referred to as 'the Act'). In 1947, there was a partition in his family by a registered partition deed whereunder all the properties including agricultural lands were divided amongst himself and his five sons. The petitioner's wife and mother were also given two shares in the partition. Thereafter the petitioner was being assessed on his own income including the income from the lands of his wife and mother every year. After the aforesaid partition, two more sons were born to the petitioner. He effected another registered partition deed dated December 31,1954, between himself and his two minor sons represented by the mother-guardian. In the said partition, lands were divided by metes and bounds. According to the petitioner the minor sons were in separate possessn and enjoyment of the lauds falling to their share. ...
State of Orissa Vs. Industry and Commerce Enterprisers (P.) Ltd. and a ...
Court: Orissa
Decided on: Dec-11-1970
Reported in: [1971]28STC665(Orissa)
G.K. Misra, C.J. 1. Facts may be stated in short as the case turns on a pure question of law having no bearing on the merits of the case. Opposite party No. 1 is a dealer in iron and steel goods and Godrej furniture. His returns for fifteen quarters ending with 31st March, 1958, 30th June, 1958, and 31st March, 1959, to 31st March, 1962, were not accepted by the assessing authority on the finding that the turnovers were suppressed. The turnovers were accordingly enhanced and penalty was imposed. In first appeal the Assistant Commissioner of Sales Tax (A.C.S.T) struck down the enhancements and the penalties. Against the orders of the A.C.S.T. fifteen second appeals were filed before the Sales Tax Tribunal. The Advocate for opposite party No. 1 raised two preliminary objections before the Tribunal that the appeals were barred by limitation and that Sri L.C. Sahu, the then State Representative who had signed and verified the memoranda of appeals, had no authority to file the appeals on be...
Nabaghan Sahu Vs. Election Officer, Mukundapur Grama Panchayat and ors ...
Court: Orissa
Decided on: Dec-01-1970
Reported in: AIR1972Ori8; 37(1971)CLT222
G.K. Misra, C.J.1. The only point urged by Mr. Mohantv in this writ application is that opposite party No. 4 held an office of profit under the Central Government and as such was disaualified for being elected or nominated as Sarpanch. Facts material to this contention mav only be narrated.2. Nominations were invited from candidates intending to contest election to the office of Sarpanch for Mukundapur Grama Panchayat in the district of Cuttack. 13th of May, 1970 was fixed as the last date for filing nominations. The petitioner and opposite parties Nos. 4 to 6 filed nominations. The same were scrutinised on 13th of May, 1970. The petitioner opposed the nomination of opposite party No. 4 alleging that he was hold-ins an office of profit under the Central Government as a Sub-Postmaster in Mukundapur village post office. The objection was overruled and the nomination of opposite party No. 4 was accepted. Polling was done on 10th of June. 1970. On 13th of June, 1970 the Election Officer de...
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