Orissa Court November 1971 Judgments
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Mahant Sriniwas Ramanuj Das Vs. Agricultural Income-tax Officer and an ...
Court: Orissa
Decided on: Nov-30-1971
Reported in: [1973]89ITR211(Orissa)
G.K. Misra, C.J. 1. The petitioner is the Mahant of Emar Muth at Puri which is an ancient public Hindu Religious Endowment. The trust has considerable endowed agricultural properties. The Mahant has been assessed in the status of an 'individual' after the passing of the Orissa Agricultural Income-tax Act, 1947 (hereinafter to be referred to as 'the Act'), for the assessment years 1948-49 to 1967-68 to various sums as mentioned in schedule A of the writ application. The assessments have been made after granting exemption under Section 8 of the Act. In this writ application filed under Articles 226 and 227 of the Constitution, thepetitioner challenges the clause ' and actually spent for the said purposes ' in Sub-section (1) of Section 8 as unconstitutional and ultra vires. According to the petitioner, the entire agricultural income of the trust is not liable to tax under the Act. Counter has been filed on behalf of the opposite parties asserting that the assessments till the end of the ...
Bhardia Brothers Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Nov-29-1971
Reported in: AIR1973Ori28
S.K. Ray, J. 1. These three second appeals have been ordered to be heard analogously since the parties arc the same, and they involve common questions of law and fact. This judgment, therefore, will govern all of them.2. All these three second appeals arise out of three suits filed by the same plaintiff who is the appellant in each of these appeals. Second Appeal No. 190/68 arises out of a suit for recovery of damages of Rs. 828.00 on account of short delivery of goods (sixty bags of Motichur) delivered at Malgodown, Cuttack, indented through the Railways from Kissengunj. Second Appeal No. 191/68 is also from a suit for damages of Rs. 847-08 on account of short delivery of a consignment of mustard oil, and Second Appeal No. 273/68 is also a similar appeal arising out of a suit for recovery of damages of Rs. 669-75 on account of short delivery of consignment of Motichur. All these consignments, in all the three suits, were to be delivered at Malgodown, Cuttack.3. The plaintiff in all th...
Kanungo Khagendranath Das Mohapatra and ors. Vs. Jadabendra Narayan Pa ...
Court: Orissa
Decided on: Nov-29-1971
Reported in: AIR1972Ori161; 38(1972)CLT129
S.K. Ray, J.1. This second appeal is by defendants 1, 2, 15 and 16 to 20 from the reversing decision of the Subordinate Judge of Balasore decreeing the plaintiffs suit for damages, but reducing the amount of claim from Rs. 700/- to Rs. 200/-.2. The suit was for recovery of damages amounting to Rs. 700/- for trespass committed by the defendants jointly upon his land described in Sch. Ka of the plaint. Plaintiff set out his case of acquisition of title to the suit-land in the plaint, and alleged that the defendants who had no manner of right, title and interest over the suit-land trespassed in a body and caused damage thereby giving cause of action to the suit.3. Of the 20 defendants, defendants 1, 3, 5 to 10 and 14 to 20 contested. They disputed the plaintiffs claim of title to the suit-property and claimed that the said land is communal land belonging to the villagers. Their further defence also was that no such occurrence of trespass by the defendants in a body ever took place in fact...
Bhagaban Sahu and ors. Vs. Collector and ors.
Court: Orissa
Decided on: Nov-29-1971
Reported in: AIR1972Ori193; 38(1972)CLT62
S.K. Ray, J. 1. This is a plaintiff's second appeal from the confirming decision of the Subordinate Judge of Bhadrak by which their suit has been dismissed. 2. Plaintiffs filed the suit for a declaration that the land acauisition proceedings for acquiring their lands in Land Acquisition Case No. 4 of 1958-59 and No. 8 of 1961-62 were invalid and to restrain the defendants which include the Collector and the Land Acauisition Officer of Balasore from proceeding with the said Land Acauisition Cases. Their case is that the villagers previously tried to forcibly construct a road upon the suit-lands belonging to them. They had to file a Title Suit No. 112 oi 1956 (1) against the villagers. Their suit was a representative suit and was decreed on 29-6-62, and the defendants in that suit were directed to restore the status duo. Thereafter the plaintiffs filed some suits for damages against some of the defendants in the aforesaid representative suit and those suits were decreed and the decree wa...
Nabaghan Naik and ors. Vs. Sadananda Das and anr.
Court: Orissa
Decided on: Nov-29-1971
Reported in: AIR1972Ori188
Ray, J. 1. This is an application by some of the villagers of Ampore for quashing the order dated 5-1-70 of the Endowments Commissioner appointing O. P. No. 1 as the interim, trustee in respect of the religious institution known as Ampore Muth. This order of the Endowments Commissioner is appended to the application as Annexure 3.2. The Muth is a public institution. It has four deities installed within its precincts. Vast landed properties have been endowed for their seba-puja and other purposes connected with the institution. One Adhikari Rama Krushna Das is the recorded Marfatdar in respect of it. The said Marfatdar alienated the endowed properties by executing two SebaSamarpan Patras. one in 1929 and the other in 1930, both in favour of one Parameswar Das. The villagers challenged these alienations in T. S. No. 18 of 1942 and succeeded in getting a judicial declaration that those alienations were invalid. He again executed two Seba-Samarpan Patras in favour of O. P. No. 1. one on 17...
Oriental Fire and General Insurance Co. Ltd. Vs. Mrs. Kamal Kamini Das ...
Court: Orissa
Decided on: Nov-19-1971
Reported in: AIR1973Ori33; 38(1972)CLT135
G.K. Misra, C.J.1. Publius Machir Das was working as a Missioner in Children's Special Service Mission, Orissa, on a pay of Rs. 293 per month which included his salary, clearness allowance, house-rent, children's allowance etc. His headquarters was at Baptist Church Lane, Berhampur, in the district of Ganjam. He had gone to Rourkela in the district of Sundargarh on tour on 10-10-1963. At about 11-30 a. m. that day while he was going on a cycle, a Mercedes Benz Truck O. R. O. 2022 came at a very high speed and tan over him by rash and negligent driving. He died instantaneously on the spot as a result of the accident. The vehicle had been insured with Oriental Fire & General Insurance Co., Branch Janpath, New Delhi (hereinafter to be referred to as the Company) (Opposite Party No. 3). The date of birth of the deceased was 13th April, 1905 and he was about 58 1/2 years old at the time of death. The ten claimants are the widow, sons and daughters of the deceased. An application for compens...
Balakrishna Sahu Vs. Radha Gobind Das and ors.
Court: Orissa
Decided on: Nov-19-1971
Reported in: AIR1972Ori211
S.K. Ray, J.1. Defendant 1 is the appellant. The appeal arises out of a suit for declaration of plaintiffs' title to the suit land containing a house, for recovery of arrears of rent of Rs. 190/-for a period of one year and seven months, at the rate of Rs. 10/- a month, and for eviction of defendant 1 from the suit house. 2. The disputed land relates to a part of plot No. 159 appertaining to khata No. 66 and a part of plot No. 160 appertaining to tohata No. 59. Both these plots lie in mouza Suasuni in the district of Balasore. With regard to the plaintiffs' title to part of plot No. 159. they trace it in the following manner. This plot originally belonged to Kandarpa Patra and Kartik Patra whose total area was four decimals. The original owners sold two decimals to one Ambika and two decimals to one Haradwar. Ambika in his turn sold one decimal to Iswar Ohandra Pal and Iswar Chandra Pal sold that to the plaintiffs. Hardwar the second purchaser of two decimals from the original owner so...
Balaram Das and anr. Vs. Jayakrushna Das and ors.
Court: Orissa
Decided on: Nov-15-1971
Reported in: AIR1972Ori141; 38(1972)CLT44
B.K. Patra, J.1. Jayakrushna Das, Respondent No. 1 brought the suit giving rise to this appeal for declaration of his title to and for confirmation of his possession over, or, in the alternative, recovery of possession of A.O. 78 acre of land as detailed in the plaint schedule and for permanent injunction restraining the appellants who were defendants 1 and 2 in the Court below from disturbing his possession. The disputed property admittedly belonged to one Satyabadi Rath whose son was Ramchandra Rath. After Saryabadi's death Ramchandra possessed the disputed properties. According to the case of the plaintiff, Ramchandra Rath died unmarried about 15 years before the institution of the suit leaving behind him his mother Shara-dha Dibya and his sister Gelhi Dibya (defendant No. 4). Sharadha then possessed the disputed properties and she died about ten years before the institution of the suit leaving behind her daughter GelhiDibya as her sole surviving heir. Gelhi possessed the properties...
Kali Dei and anr. Vs. Brundaban Malik
Court: Orissa
Decided on: Nov-15-1971
Reported in: AIR1972Ori132; 38(1972)CLT13
S.K. Ray, J. 1. This is the defendant's appeal from the reversing decision of Sri D.P. Shanna, Addl. Subordinate Judge dated 16-9-67 passed in T. A. No. 128/66. It arises out of a suit for declaration of plaintiff's right and title to the suit properties and confirmation or in the alternative for recovery of possession and for permanent injunction.2. The suit-properties described in Schedule A of the plaint originally belonged to the husband of the original defendant, Sakhi Bewa. In execution of a money-decree against him and his brother, these properties were sold in auction and purchased by the plaintiff. Possession was delivered to him through Court on 18-6-41. He continued in possession thereof till 1956 when he engaged the defendant as a watcher for a remuneration of Rs. 30/-per year and in evidence of such arrangement, defendant executed Ext. 1 on 28-3-56. This document is nomenclatured as 'Jaguali Patra'. Subsequently the plaintiff being aware that the defendant was setting up a...
Bira Jena Vs. Tauli Dei and anr.
Court: Orissa
Decided on: Nov-15-1971
Reported in: AIR1972Ori143; 38(1972)CLT39
S.K. Ray, J.1. This second appeal is by the plaintiff from the reversing decision of the lower appellate court. The plaintiff's suit for declaration of his title and for partition is based on the following allegations :One Kurup Jena had 0.97 decimals of land of which 0.73 decimals are homestead. Defendant 1 is his daughter, and defendant 2 is his wife in 'Thain' form. Kurup gifted 0.24 decimals out of his lands to defendant 2 under Ext. 2, deed of gift, dated 9-4-58. This was with the consent of defendant 1. Kurup died thereafter. Balance 0.73 decimals of Kurup were inherited by defendants 1 and 2 as simultaneous heirs having equal shares therein. So defendant 2 became owner of sixty decimals and five kadis, 24 decimals being under the deed of gift, and 35 decimals and five kadis by inheritance. Defendant 2 sold 0.58 decimals out of it to plaintiff by Ext. 1, dated 7-1-59. These 0.58 decimals comprised 0.11 decimals of homestead. The plaintiff came to court for partitioning his 0-58 d...
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