Court : Orissa
Reported in : [1972]85ITR342(Orissa)
K.N. Misra, J.1. Opposite parties Nos. 1 to 3 who are plaintiffs have instituted T.S. No. 300 of 1969 in the court of the learned Subordinate Judge of Cuttack. In essence it is a suit for partition. The business assets of the family are included in the hotchpot for partition and such business was being run in the names of M/s. Roshan Mahammad and M/s. Nazir Mahammad.2. When the trial commenced, an application was made by the plaintiffs for summoning the income-tax records relating to the asssessment years 1953-54 to 1968-69 from the Income-tax Officer, Ward C, who was the concerned assessing officer. No notice was given of this application to defendant No. 2, who is the petitioner in this court, but orders were passed calling upon the Income-tax Officer to produce the records. On July 9, 1970, the documents were produced by an inspector of the income-tax department. At that point the objection was raised by the defendants about the legality of the order calling for production of the do...
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ481
Patra, J. 1. The petitioners were sureties for one Saikh Ahmed of Calcutta who was standing trial in G. R. Case No. 4 of 1964 in the court of the Addl. District Magistrate (Judicial), Cuttack, on a charge under Section 420, I.P.C. and Section 27 of the Drugs Act, and executed bail bonds for Rs. 5,000/-. As thereafter the accused person failed to appear in the court on the date fixed, notices were issued to the petitioners to show cause why the bail bonds executed by them should not be forfeited. After they showed cause the learned Additional District Magistrate (Judicial) considered the same and passed an order under Section 514(5) Cr. P. C. forfeiting the bonds. Against this order of the learned Additional District Magistrate (Judicial), an appeal was filed in the court of the District Magistrate, Cuttack, who being of the view that the expression 'District Magistrate' in Section 515, Cr. P. C. includes an 'Additional District Magistrate (Judicial)', held that he had no jurisdiction t...
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