Orissa Court October 1972 Judgments
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Natabar Sahu and ors. Vs. Gobinda Mohapatra and ors.
Court: Orissa
Decided on: Oct-27-1972
Reported in: AIR1974Ori34
R.N. Misra, J.1. This is a defendant'sappeal against the reversing decree of the learned Subordinate Judge. Aska in a suit for title, possession and permanent injunction.2. It is not necessary to give the details of the litigation because the preliminary objection raised in the second appeal has to succeed on the following facts and ground. Three plaintiffs laid claim to joint title and possession and instituted the suit on 29-4-1965. Within a month of the filings of the suit Ganapati, the original plaintiff No. 2 died. A petition for substitution of the legal representatives in his place having been made to the trial court it was allowed on 19-7-1965. The decree which was eventually passed, however, did not give effect to the order of substitution and showed the name of the deceased Ganapati as the plaintiff No. 2. The suit was dismissed by the trial Court. The same lawyer who had entered appearance for the original plaintiffs as also for the substituted legal representatives of the p...
Satyabadi Mahanty and anr. Vs. Padma Mahantiani
Court: Orissa
Decided on: Oct-25-1972
Reported in: AIR1973Ori153; 39(1973)CLT149
ORDERR.N. Misra, J.1. This revision application challenges the order of the appellate Court below calling upon the petitioners who are appellants before him to paydeficit court-fee on the memorandum of appeal. The appeal before the lower appellate Court is directed against a final decree in a suit for partition. The appellants valued the appeal in the same manner as the suit and paid the fixed court-fee payable on a memorandum of appeal arising out of a suit for partition. The learned appellate judge upheld the objection raised in his Court that the proper court-fee had riot been paid and required ad valorem court-fee to be paid on the memorandum of appeal. Aggrieved by that direction, the appellants before the lower appellate Court are before this Court in revision.2. At one stage, when the preliminary decree was being assailed in second appeal I was appearing for some of the parties and normally I would have directed this revision to be placed before some other learned Judge for hear...
Mrs. Yulitha Hyde and ors. Vs. State of Orissa and ors. Overruled
Court: Orissa
Decided on: Oct-24-1972
Reported in: AIR1973Ori116
R.N. Misra, J. 1. These are three applications under Article 226 of the Con-stitution essentially challenging the vires of the Orissa Freedom of Religion Act 2 of 1968 (hereinafter referred to as the Act) and were heard analogously. This common judgment shall dispose of all these applications.2. Though the main challenge is on a common stand several allegations have been made in these applications which it may be useful to briefly indicate.(a) O. J. C. No. 185 of 1969: The four petitioners here are Indian citizens and are Christians belonging to the Roman Catholic church. Of them, the petitioners 2 and 4 are Priests who claim to have dedicated themselves to the propagation of the Catholic faith and are engaged in evangelization leading to conversion of persons belonging to other faith by and/or through preaching exhortation. The impugned Act received assent of the Governor of Orissa on 9-1-1968 and came into force from the following day. Father Fernando and three others named in paragr...
M.K. Raghavan Vs. the Municipal Council and anr.
Court: Orissa
Decided on: Oct-24-1972
Reported in: AIR1973Ori186
R.N. Misra, J. 1. The petitioner claims to have passed the final examination in Civil Engineering from the Institute of Engineering Technology at Kum-banad in the State of Tamil Nadu in 1956. Between May 1956 and May, 1959, he served as Overseer under the Collector of Puri and thereafter for six months he served under the Board of Revenue. By order dated 1-4-1961, the Jharsuguda Municipal Council (Opposite party No. 1) appointed him as an Overseer. His order of appointment ran thus:--'Shri M.K. Raghavan, at present resident of Jharsuguda is appointed as Overseer (Civil) of Jharsueuda Municipality in the scale of Pay of Rs. 110-5-150-EB-8-190 EB-10/2-250/ with usual dearness allowance of Rs. 7.50 n. p. The appointment is purely temporary and terminable at any time without any notice. The appointment is subject to production of fitness certificate from Asst. Surgeon, Government Hospital, Jharsuguda; verification of antecedents and character.' 2. In April 1961, the Executive Officer of th...
State of Orissa Vs. Nanda Sahu and Padan Sahu
Court: Orissa
Decided on: Oct-12-1972
Reported in: 38(1972)CLT1267; [1973]32STC223(Orissa)
R.N. Misra, J. 1. This is a reference made under Section 24(1) of the Orissa Sales Tax Act of two questions of law said to be arising from the appellate order of the Sales Tax Tribunal under Section 23 of the Orissa Sales Tax Act (hereinafter referred to as the Act). The questions referred are :(1) Whether in the facts and circumstances of the case, the Tribunal was right in holding that if particulars of suppression of transaction by an assessee are available at the time of original assessment under Section 12(2), but are for any reason not utilised in that assessment such assessment cannot be reopened under Section 12(8) subsequently on the basis of that earlier report.(2) Whether in the facts and circumstances of the case, the Tribunal was right in annulling the assessments and imposition of penalty under Section 12(8) of the Orissa Sales Tax Act, 1947.The facts which gave rise to the questions indicated above are these: The assessee is a registered dealer under the Orissa Sales Tax...
Narasingha Patnaik Vs. State of Orissa
Court: Orissa
Decided on: Oct-12-1972
Reported in: 38(1972)CLT1173; 1973CriLJ1744
K.B. Panda, J.1. The appellant has been convicted under Section 5(2) read with Section 5 (H) (c) and (d) of the Prevention of Corruption Act (Act II of 1947), hereinafter referred to as the Act, and sentenced to undergo R. I. for one year for the offence under Section 5(1)(c) and no separate sentence has been passed for the offence under Section 5(f)(d), by Sri B. K. Behera, Special Judge, Bhubaneshwar on 22-12-1969 in context of the following facts.2. The appellant was serving as Samtary-cum-Food Inspector in Bhanjanagar Block-I from March, 1964 to March, 1966. While so working, it is alleged, in the year 1965 he abused his official power, collected food licence fees from 13 persons amounting to Rs. 72/- (details given in the judgment of the learned Special Judge) and misappropriated the same by converting the amount to his own use. The defence was a flat denial of having received any money from the persons named and thus there was no question of misappropriation or abuse of official ...
Utsaba Pradhan and ors. Vs. Kandhuni Choudhury and ors.
Court: Orissa
Decided on: Oct-09-1972
Reported in: AIR1973Ori94
Patra, J. 1. This is an application for review by the unsuccessful appellants whose second appeal (S. A. 130 of 1967) was dismissed by my learned brother A. Misra, J. who has since retired. Defendants 1 to 6 of the trial Court were the appellants in the second appeal and are petitioners before me. The case of the plaintiff-respondents Nos. 1 and 2 is as follows: The husband and father-in-law of plaintiff No. 1 borrowed Rs. 200 under a possessory mortgage bond dated 18-5-1919 from Sambari Pradhan the paternal grandfather of defendant No. 1 and put him in possession of the suit land measuring 2.83 acres. Under the terms of the bond, the loan was to carry interest of 1 per cent per month. The mortgagee was to remain in possession and appropriate the income. The stipulation was that accounts would be taken at the end of five years and if the amount due was then satisfied, the mortgagee was to redeliver the property with profits, if any or continue to remain in possession until satisfaction...
Orissa Stores Vs. Assistant Sales Tax Officer and anr.
Court: Orissa
Decided on: Oct-09-1972
Reported in: [1973]31STC516(Orissa)
R.N. Misra, J.1. The petitioner, a dealer in garments from 1958 came to be registered under the Orissa Sales Tax Act (hereinafter referred to as the 'Act') from 1960 and was assigned Registration Number R.L. 736. His returns up to 1966 made under the Act were accepted. It is alleged that on 5th December, 1969, when an Assistant Sales Tax Officer accompanied by the Inspector of Vigilance visited the shop in the absence of the proprietor there was an unhappy incident as a result whereof, the Assistant Sales Tax Officer bore grudge against the petitioner. On 6th December, 1969, a notice for production of accounts for the year 1969-70 was issued and on the 13th December, 1969, the following order was made :Please take notice that a sum of Rs. 5,000 has been determined as security payable by you under the Orissa Sales Tax Act, 1947, in view of the fact that no security was paid by you while registration certificate was granted. You are required to pay the above demand of security in the man...
Brajabandhu Mohapatra and ors. Vs. Gopal Chandra Mohapatra and anr.
Court: Orissa
Decided on: Oct-07-1972
Reported in: AIR1973Ori189; 38(1972)CLT1309
ORDERS.K. Ray, Ag. C.J. 1. This is a defendant's second appeal arising from a suit for declaration that the disputed land of 10 decimals is a part of the public passage comprised in old settlement plot No. 1069 corresponding to C.S. Plot No. 1090 and for permanent injunction restraining the defendants from preventing user of the same as a part of the public passage. The suit was dismissed by the trial court but was decreed by the lower appellate court. Hence this Second Appeal.2. The map appended to the plaint shows that to the adjoining east of Plot No. 1090 is the disputed 10 decimals of land ear-marked as 'S' which again adjoins to its further east plaintiff's plot No. 968. The disputed area demarcated as 'S' and western part of plot No. 968 adjoins on their south plot No. 964 of the defendants, and on their north plaintiff's homestead plots 1144 and 1146/1691. Defendant's plot No. 964 is recorded as occupancy raiyati-holding. The case of the plaintiff is that he was passing over th...
Gangadhar Choudhury Vs. Syed Sajid Ali
Court: Orissa
Decided on: Oct-04-1972
Reported in: AIR1973Ori124
S. Acharya, J.1. The judgment-debtor In Execution Case No. 25/72 has preferred this appeal against the decision dated 29-7-1972 of the Subordinate Judge Cuttack passed in Miscellaneous Appeal No. 44/72 confirming the decision dated 10-5-1972 of the First Munsif. Cuttack, in Execution Case No. 25/72.2. The decree-holder filed the above-mentioned execution case to execute an order passed in House Rent Control Case No, 54/68. Notice under Order 21, Rule 22. Civil P. C. was issued to the judgment-debtor (appellant herein) which was received back on 12-4-1972 after personal service on the judgment-debtor. On that date the appellant-judgment-debtor did not appear in Court The decree-holder filed a petition for police help on that date. That petition was allowed and a letter was issued to the Superintendent of Police. Cuttack in that connection and the case was fixed to 8-5-1972 expecting in the meantime a reply from the Superintendent of Police to the above effect. In the meantime, on 25-4-1...
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