Orissa Court April 1972 Judgments
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Banamali Mahapatra Vs. Lodging House Fund
Court: Orissa
Decided on: Apr-28-1972
Reported in: 1972CriLJ1480
ORDERS. Acharya, J.1. The petitioner stands convicted under Section 14 of the Bihar and Orissa Places of Pilgrimage Act. 1920 (hereinafter referred to as the Act), and has been sentenced thereunder to pay a fine of Rs. 30/- in default to undergo S. I. for five days.2. The prosecution case, in short is that the petitioner who admittedly is the owner of Lodging House in Holding No. 286/295 in Basali Sahi in Puri town, had at the relevant time, accommodated in the said lodging house, without the requisite licence under the Act. ten pilgrims (Jatris) for gain.3. The petitioner denied to have accommodated any pilgrim for gain in that house. His case is that the said house is not a lodging house, but the same being an Ashram, people come and stay. there as guests of the Ashram.4. The court below, on an appreciation of the evidence on record has arrived at the finding that the prosecution has been able to establish beyond reasonable doubt that the petitioner accommodated pilgrims in the said ...
Sadananda Kishan and ors. Vs. Lalit Mohan Patel
Court: Orissa
Decided on: Apr-26-1972
Reported in: 38(1972)CLT574; 1972CriLJ1685
ORDERS. Acharya, J.1. The petitioners stand convicted under Section 504. Indian Penal Code, each of them has been sentenced thereunder to pay a fine of Rupees 15/- in default to undergo R. I, for one week.2. The prosecution case, in short, is that at about 8 A. M. on the date of occurrence the petitioners went upon the land which was in the cultivating possession of the complainant and tried to sow Kolathi on that land. The complainant at first snatched away the basket of Kolathi from the accused persons and when he stood in front of their ploughs in order not to allow them to sow on that land, they abused and threatened to assault him. On the intervention of the Bhadraloks of the village the accused persons left that place.3. Charges under Sections 447 and 504. Indian Penal Code were framed against the petitioners. They pleaded not guilty to the charges by denying the entire prosecution case.4. The Court below, on a consideration of the evidence on record, acquitted the petitioners of...
Girija Prasad Bose and anr. Vs. Executive Officer, Jajpur Municipality ...
Court: Orissa
Decided on: Apr-25-1972
Reported in: AIR1973Ori8; 38(1972)CLT695
R. N. Misra, J. 1. The petitioners along with the opposite parties 4 to 10 jointly owned a private market known as Giraja Hat alias Agneswar Hat located within the limits of the Jajpur Municipality. It is a private market within the meaning of Section 297 of the Orissa Municipal Act, 1950 (hereinafter referred to as the Act) and is alleged to be running for more than 65 years. A fee being demanded for grant of the licence under Section 298 of the Act. On 6-1-70, an application was made to the Municipality for renewal of the licence for the year 1970-71. On 4-2-70, the Municipal Council resolved that a licence be issued in respect of the market upon paymentof fee at 8 per cent of the gross income of the owners from the market for the year 1964-65 for which particulars were available with the Municipal Council. Accordingly the licence fee was fixed at Rs. 1826/- and the applicants were called upon to deposit the amount by 12-2-70 so that the licence shall be renewed and failing the compl...
State of Orissa Vs. Sri Ram Avattar Agarwalla and Co
Court: Orissa
Decided on: Apr-25-1972
Reported in: [1973]31STC215(Orissa)
G.K. Misra, C.J.1. The following question of law has been referred under Section 24(1) of the Orissa Sales Tax Act, 1947 :Whether on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal is correct in holding that despatches of goods by rail to different places in West Bengal by the opponent and endorsements of the relevant R/Rs by his commission agent at Calcutta in favour of ultimate purchasers while the goods are in transit are not sales liable to be taxed under the Central Sales Tax Act in this State at the hands of the opponent ?2. Material facts which have been found by the Tribunal in the impugned order dated 2nd January, 1969, may be stated in brief. The dispute is in respect of quarters ending 31st of December, 1961, to 30th of September, 1962. M/s. Ram Avattar Agarwalla & Co. (hereinafter to be referred to as the opposite party) is a registered dealer under the Central Sales Tax Act, 1956 (hereinafter to be referred to as the Act) at Jatni within P...
Nrusingha Prasad Das and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-25-1972
Reported in: AIR1972Ori266
Patra, J.1. This is an appeal by defendants 1 and 2. The suit giving rise to this appeal was instituted by the State of Orissa respondent No. 1 for recovery of Rs. 12,999-53 P. with subsequent interest at six per cent, per annum from all the defendants in the following circumstances: Defendants 1 to 3 are the sons of late Appanna Das and were living jointly with him with Appanna Das as the Karta of the family. The joint family was carrying on business of buying and selling foodgrains. Late Appanna Das applied to the Collector of Ganjam for being appointed as a Purchasing Agent of paddy under the paddy procuring scheme in operation in the year 1958-59. His application was allowed and ha was appointed as purchasing agent for the Parlakhemedi Zone. In accordance with the procedure prescribed. Appanna Das executed an agreement dated 31-1-1959 and furnished security deposit of Rupees 1,259/- and also executed a personal security bond for Rs. 10,000/- and furnished two sureties, namely, defe...
Kailash Chandra Sahoo Vs. S.M. Manji and anr.
Court: Orissa
Decided on: Apr-24-1972
Reported in: AIR1973Ori168
G.K. Misra, C.J. 1. The only point on which the writ application has been pressed is that the tenant-opposite party No. 1 defaulted in payment of rent from April 1967 till March, 1968. The application for eviction was filed in April, 1968. 2. Facts, material to this question may be stated in brief: The petitioner's case was that the rent payable for the house was at the rate of Rs. 65/- Per month, and the opposite party (No. 11 did not pay the rent from April, 1967. The case of opposite party No. 1 is that the rent agreed upon was Rs. 41 per month and as the landlord did not acceptthe rent despite tender the tenant is not a wilful defaulter. 3. Both the authorities below have concurrently found that the rent agreed upon was Rs. 41/- per month, and the nonpayment of rent was not wilful. The first finding is a pure finding of fact. It is based on some evidence. In exercise of jurisdiction under Articles 226 and 227 of the Constitution this Court does not constitute itself an appellate au...
Sri Ladukishore Das Vs. State of Orissa
Court: Orissa
Decided on: Apr-18-1972
Reported in: 38(1972)CLT636
G.K. Misra, C.J. 1. The undisputed facts may be stated in short. The assessee, Ladukishore Das, before the relevant assessment years 1959-60 to 1964-65 partitioned his properties amongst himself, his wife and four sonsof whom three were minors and one was a major reading in a college at Cuttack. The partition by metes and bounds was effected by a registered partition deed on 22nd of August, 1958. Even after the partition all of them continued in joint mess and the assessee was looking after the cultivation of the entire property. The assessee gave a return in respect of the income arising out of the parcels of land falling to his own share in the partition by metes and bounds. The assessing authorities and the Tribunal held that the assessee, his wife and sons constituted an association of individuals. The income from the entire agricultural land was assessed in the hands of the assessee as the income of an association of individuals. The assessee asked for a reference to the High Cour...
State of Orissa Vs. Damodar Sahu
Court: Orissa
Decided on: Apr-18-1972
Reported in: 39(1973)CLT1282; [1973]30STC262(Orissa)
K.B. Panda, J.1. These are six reference applications made under Section 24(1) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as the Act) by the Additional Sales Tax Tribunal (Shri R. C. Kar), at the instance of the State of Orissa, arising out of the judgment of his predecessor, Shri. U.N. Misra, dated 27th January, 1969, posing the following two questions for answer :(i) Whether on the facts and in the circumstances of the case, the Assistant Sales Tax Officer, Assessment Unit, Bhubaneswar, Puri II Circle, has no jurisdiction to assess the assessee ; and(ii) Whether on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal is right in allowing the appeal and setting aside the assessment made by the Assistant Sales Tax Officer, Assessment Unit, Bhubaneswar, with direction for de novo assessment proceedings by another assessing officer of Puri I Circle?.2. Facts are not in controversy. The assessee-opponent, then an unregistered dealer, carried on...
Gobindaram Agarwalla Vs. State
Court: Orissa
Decided on: Apr-17-1972
Reported in: 38(1972)CLT556; 1972CriLJ1690
ORDERB.K. Patra, J.1. This application in revision is directed against an appellate order of the Additional Sessions Judge, Sambalpur upholding the conviction of the petitioner under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) read with Clause 3 of the Orisssa Rice and Paddy Control Order. 1965 (hereinafter referred to as the Control Order), and the sentence of one year's rigorous imprisonment and a fine of rupees one thousand imposed on him. On 6-9-1968, P. W. 3 the Supply Supervisor checked the truck ORS 5197 while it was being driven from Sohela towards Bargarh and found the truck loaded with 67 quintals of rice. Besides the driver and the cleaner of the truck, the petitioner Gobindaram Agarwalla and four other coolies were found travelling in the said truck. Information was lodged in the Thana and enquiries revealed that the stock of rice had been purchased from M/s. Shibasankar Rice Mill. Shoella. The truck and the rice were seized and aft...
Haji Ahmed Haji Ibrahim Vs. Hadu Subudhi and anr.
Court: Orissa
Decided on: Apr-14-1972
Reported in: AIR1972Ori239; 38(1972)CLT546
G.K. Misra, C.J. 1. The petitioneris the landlord and the Opposite Party No. 1 is the tenant. The petitioner's case as mentioned in the application for eviction may be stated in short. The disputed house consists of a room abutting the main road. Just adjacent to it there are two other rooms. The three rooms are in the front of the main business premises of the petitioner. These three rooms located side by side had been rented out by the petitioner long back at a time when they were not considered necessary for business purposes. The petitioner originally constituted a partnership firm. Recently it has been reconstituted by separate allocation of business. Haji Ahmed Ibrahim, one of the partners, got the business of the firm at Berhampur to his share. The volume and turnover of the business considerably increased in recent years with consequential expansion of the staff and the records. The petitioner has agencies of several standard commodities and articles, one of them being the agen...
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